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Backup Documents 02/11/1997 R�r : } L f (! I r r s f :V: '•jr 'y ' `4 ^jrt l I t K �• r'. �..r "• I REG -AP BCC MEHTING OF FEBRUARY 11, 1997 ..ii f2 • _ r � t � � .i � � i',{ t r � t y r f•f! ( 3 , Y� a Fr L � �•.> 1 i r 't :'l y 1� y �l � 3 J i 'tspiet Deity Ntvi weptes, FL 33x40 Affidavit of Pubticatinn BOARD Of WOT'r COVIMISSICKERS FiMANCE DEPT. - YA "NY ARLOrTA P11 BOX 413016 MAPLES FL .5:101 -3016 PEFEREMCE: 00,230 -tf)(C98 57435145 COLLIER �OUNTYWAAi State of Florida !rn,nty o1 Coltier Before the tnfersi?ned ectrvlr itr, p- rs:xlal 4 er.peareil B. Loon, vhO on oa:n iay) Lil.s: i:l^^ ier` /ei as the Ass star,,. Cor�x.rat.e ;!Cr!tary r,f tF.e Ilante! Deity N-vs, a nsily ncvl.parw pubtisned At Naplrs, in Cottle, Cc nty, FLrrida: 'hat t!rt sttac`•ell copy of advertising wax wbL�n *ed in seid ruwspsper on dote. tinted. Affient further says 'hat the %ntd Naflt r Deiiv. Mews is a newspaper pubLiehed at NepLes, in raid Cottier County, FL ^ride. a-wl Ttw t 'Ix Bald rw.osleper has heretofore rAler, Cnnt:N"%l+ pjbti "d in acid Cntiier Cr -nty. Fto•ioa, each ,Lay prof has b1— ent,! d as Claif Gait atttef at The S,rst offl:e tr. 4nr,Le3, In 93Id Cotner Coanty, iloriw, for s period of 4 year i nexti preceding the firsk pjbiication o' the attached copy of edvertisr!aen;; 4.,wi affiant fvrther ►ays that he has neiiFtr paid nor prorisedl ate/ person, fire n• cnooraticr any discrr.rt, rebete, ,xasission or reful4 for the purpose of tecuring this ndvertiseotnt for putticatior in thel said newspaper. l PUBLISHED Off: 02/09 to AD SPACE: h.334 INCH ^• FILED ON:J1U / ?y I zt —.-- ---------------------- ------------ -- -- - -- - ----- ------ -- ----- ----- -- --- --- Lo � Sigr4turs of Affiar.t S.vrn to and Wt:tcribed befort xe thii — day of ______ —_ lr_ ,,,r• r Persemi&IIy known by to A. Fbrigin . • vv �.;Ar.tr;5/.1!3' A 0f.lk7?' 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I N �V }TrJjft• %3,'YIr lty M'��t �t +,rr�l� °rY.♦ D.,,Y �+ +� r 1111'ttvKr 4;k�ia OTHER + •�,t l�l jYr r *fi rr' •- 1 1 r"'. t•n1 .t 111 17. •,r t. � a s• Fr 11t,. �i L'1 t , t=4 it �= l*'{J +` � t 7. -.,` • •. � ., 1 'i r . -ia � "" _ �.. 1 ;,� t. s� at. • E ti rrZ.y tit +' '`� r It f 7 M 7F4 Y. it t' • r, 1 '� } .c....i •i .r: ✓'f •.. <.: "a.J �'. '�':r . �.S:r.. !. .�'�`'!. � `fib Y.� . ,: t, �r ,., •x., Iiap.Les Gaily News NapLcS, FL 33943j Affidavit of Publirarior; ------- ---- --- -•- - - - --- - -- --- --- +- - -- - -- 80ARD OF COl1NTY COMMISSICA' :RS FINANCE DEPT. •- KATHY AnLCTTA PO WX 413016 NAPLES FL 34101 -3016 REFEREi!CE: 001230 - 701237 5743476 H0110E CF Pt10! -IC MEF State of FLcrida County of Collier Before the undersigned nuthorit.y, per30rw!.Ly appeared S. Laab, who on oae h says that she s•srvesi as the Assistant Corporate Scc-•etary of Or N,4plasi DsiLy NFws, a daiLy newsF.sper ptsblishOd at flay!c;, in Collier County, Florida: that the rtteched copy of advertising was pcsblishtd ir. said nfvsps,per on datee listed. Affient further says that the "id '+aplcs Daily Hewn. is a newspaper jyW inhe•.i At H3pirs, in slid F.0!Lier County, FLorida, nnri t.het the said nrrspaper hats heretofore been continuously pubLished in Paid CcLLier County; Florida, ear,h day and Ives been entere9 is stand class r4i' L cotter at She post office in Naples, in said CoLlier County, Florida, For s period of 1 ye,nr next preceding the first ivbLicatixi of the attached copy of achertisos►.•nt; w-Ki affic+nt "urther says that he has neither F•nid nor prr,rniard eny person, fire or cuWration any discount, rebate, ccawl ssion or refurd for the purpose of sccurir-g thix advert i3ciecnt for oubLiL;at.ion in the said ney"per. PUBLISHED 04: 02%09 OF P 6bc N1 BOARD Q[. j-3R CrAR(T` jt.CR1)A Ti►+e`eSr y, F*VOr'Y l t, i5'S47 1 7.1% AXU ?W'itR IS !W7'tN }Mm tMd !M ^ls mt Bord � C ;ornmts s WE r1e'crt� tti>: Kotlrli's G'►'ICrthor�z.��'�._;�`e i''�rd FEtxrr d tir�a �:�cd5k't�+�!oeRl �la,6t4 CAW COA F�Irr�r� G404rPky„ WARS, t OOtId9Ci tale wsl ns�, rat W. , Ct fiav aho!�e .., , : t:iv- and &A. I of the kr MW mWft >w?i be r)ad° pvO t'.tJiP. t0 Rat cm maFy b6 VbOgfw.1 * ittiQ tt4iCE d 1!R! t'�+t`� ft pqg gpffN 1CdXSik+i1, 3V* pow of il�T>e kq %ft a :ezislcm «f aria Bowd A rt' W a tern d ct t'!t ETOZCS�nGd i°� WOVIO, OW }darer we cd A* PraC'Q~ is Iade YfitA rFx.Of'd ft is is t` wpm frt>� t � :�liti'CY CiNdlF�SiGTdtS flJtt ILA.'F�,iI�! pCp!J!�T�yYJ�Fy°�yUitiN+ ��Y it l'M1` I ay.. pj Ntt .� Ke won ["'+l (fit rx Rio. i1va�I Ili as AD SPACE: 3.750 INCH m FILED ON: 02110/9' — to -------- - - ---- ------ - - - - -- _ -- - -- - -- -- - - +- -- --- - - - - -- - - - - - -- �, C-0 Signature of Affiant Sworn to and Sr:iiscribed tetere c± this Per•sonaLLy known by me l-.M-MiSS'GY 1 1x5:76787 EXFfiiFS '-.% �!.'n,,• 1:�N0.'p ! i4'71 1-M71 F "M 1OIV4 L 11C. COLLTAR CGU'Dri'Y Tuosday, Pabk -tiarr 11, 1997 9100 a.m. MOTICa1 ALL VMtSOVIS WIUM1249 TO SPBILr,, ON A.ZTt NQnMA ITEX KCST .S. 31 STUR PRIOR TO S PIA KING . RXQOR$I'8 TO AVDR388 THS iTyL)RD OU SVBJXC -18 19HICH ?L?= KC-, ON T1I8 AQMM MUST :83 SUSAITITM IN 1MITING W 7'H UTPLARLTION TO TEX C(}UN T 15A1",74ZM AT I.MX97- 13 DAYS PRIOR TO T= DATZ OF 7%Z KZ:KA'IYQ AM WILL M R ARD iJDMIT *PUBLIC PETITIONS". .tr-N5'i MRSOM WZO MP-1,-1.11 AS TO APPEAL A F)& .! SIOU or 21£113 DO"M VXLL SIM A RICCIL1? u:' T&'.3 )?:R0C'6I'.D: M;S :,X'R^`AXMN[G T'1P.R'isMTO, AM TMUCCYORX Mkl' M4S1gI3 O 9246 MM M 'i.'H&T A NrgRaKTXX RRCORA OF TER IS bQAI:R, vMTCH RXCOP.D IYPCLUL233 TEX "EMSTINOWY XRM ZVIJMW—'X i?O.N W.3ICH '.PER XV P'&AL is TO RR UA23M . ALL RffGZSTBI.= PUBLIC S't?A%.KJMS ,KILL BE I ZMITIM TO YXVR (5) M- INC -TA1i UNLUSS P',YMIXISSION FOR a Dv)I1ei0.,gp.L 1111 m is ORA -vfvDs SY aim CRAIRMA10. ASSISTM) LI3TXN--rDFG fl NU.CS£, is OR 715Z !jk",I1qG Av%,, "Lx IN Tim corw 'C Ci»BIssIotmRs, oZ`rius LUNCE RZCR<38 SCi EDVIM For, 12 :00 HOOK TO 1:00 ?,X. 1. S& T12H 2. January 21, 1997 - Regular meet.:.ng. A. ZzQgj 6M&tAji't" (7.) Proclamation proclaiming February 9 -i5, 1997 as Vocational Education Week. To to accepted by Dr.. David 1 Apr.oved and /or Adopt w/ changes ges 4 02omudssioner Hancock oL Approved as presented 4 (Coi-rudssloner :aI1C iCk oi, Adopted 4/0 (Comnissior Hancock out) R. Paldaia, Director - Department of Applied Technology and Continuing Education. (2) Proclamation proclaiming February 17, 1997 as t.h(-- Adopted 4/0 (Commissione 100th Anniversary of t: e PTA. To be accepted by F�!ss Hancock out) Muller, President of Collier County Council of PTA's. (3) Proclan-;ation proclaiming Saturday, February 15, 1997, Adopted 4/0 (Corunission as Bayshore Family Stroll. and c,asr Naples Community Park. Hancock out) Celebration Day. To be accepted by Brenda Knjuber, President of Avalon PTA. S. Fes_jyI_ ,Lerar". Ronny Cox - Library Outreach Services C• 2roa4a+ %&LqPj (1) Recommendation to recognize Ad= !lUicie Duffy, Solid Waste Department, Public t4orks Division, as F.int;loyee -•f the Month for February, 1.997. A. A2UL3.YSIS O? CUh=Z,9 TO R} ;SIRVZB TOR CONTIwroz3C'::Za6 1. General Fund (001) 2. Community Development. Find (113) 3. Facilities Constructor, Fund (301) Presented Re(. ogr.i?ed (11 Board support of the pr000s�jl :r� tide Fior i:3a •:,�,7a �.r;d Staff to work, with (U %1 Fre.sl-, Water Fish CommissiocL to rope off ri Yor.t.iot of tl;e and Fish Cournissicn a outer sandbar at Bich 1•la:-co Pass ^ritical Wiidl i f.e Area COME back with n (Sand Dollar Island). proposal. 5,10 (2) Staff_ review 3n recor;mendalion,, re'_a�ive to Ordinance 82 -81, as amended, also known as the Imperial. Lakes PUD which, according to the required PUD Stau.;s Report submit-ted by the p.roperr.y owner '/agent-, has not cotrnnenced construction defined in Section 2.7.3.4 of the Collier Ce.)unt_y Land Development Code, resulting ii] several possible courses of action for Board of County Commissioners to consider. y� . •,� t 2 February i1., 3.997 Res. q 7 -- 12 Adopted slips. 4/1 (Comm Nrrr "Ulz:osed) C. 5- M.Y:C 8 A. Confirmation of members to !:he Lhe �zsa..t.er kecc ✓e Task ;y Force. 1. Ty Agoston re $3.00 Assessment. ny the Clerk's Office RTfi3LIC E74.AI'tnS ITILL ax SQL Tmnmi- 1,uTti,y ror.LowiN q STArr 7T7 48 wmmu x; Res. 97 -'i3 Adopted confirndng the 9 names in tiv2! Executive Sivwnary 5/0 Discussed (.) Resolution of the Etoard Of CC-Int.y Commissioners of Res. 97 -74 Adoctec 5/0 Collier County determining that visions to the T -a;l Gate Ccrmnercial Center Development. Order sloes /does not ccn.stitute a substantial devi ,tior: requirirte f.t ;:ttier development of regional imract review. (2) Petition DOA -96 -5, Dr". Neno J. Spagna of the Flor_da Development Order 97 -2 Urban _institute, Inc., represar- -ling Ashlsy M. 'rapinecu, Res. 97 -75 Adopted 5/0 partner, Tollgate CC,IwneIC.ial Center Part.ne_ ship, requesting an tuuendment: `o .he roil Gate Commercial Center Development of Regional Impact (U'r'.:C) , De.-elop�ment 3 February 11, 1997 (1) Update the Disaster Recovery Advertising Program, Continued t ,-,) 2/25/97 5/0 including the procedures for act;.vati,,q Cornrnunicat.icn lines, annual design work required and procedures for authorizing level of advertising and Pa;^ment for. advertising. (2) Approve contract with 74arco Island YMCA fo: I20, 00)' Approved wici1anges 312 Tourist Development Cate<gor.y C Funds for ta,e Marco Isl::nd (Cotnnsrs. Norris and Sports Festival. Hancock opposed) A. Confirmation of members to !:he Lhe �zsa..t.er kecc ✓e Task ;y Force. 1. Ty Agoston re $3.00 Assessment. ny the Clerk's Office RTfi3LIC E74.AI'tnS ITILL ax SQL Tmnmi- 1,uTti,y ror.LowiN q STArr 7T7 48 wmmu x; Res. 97 -'i3 Adopted confirndng the 9 names in tiv2! Executive Sivwnary 5/0 Discussed (.) Resolution of the Etoard Of CC-Int.y Commissioners of Res. 97 -74 Adoctec 5/0 Collier County determining that visions to the T -a;l Gate Ccrmnercial Center Development. Order sloes /does not ccn.stitute a substantial devi ,tior: requirirte f.t ;:ttier development of regional imract review. (2) Petition DOA -96 -5, Dr". Neno J. Spagna of the Flor_da Development Order 97 -2 Urban _institute, Inc., represar- -ling Ashlsy M. 'rapinecu, Res. 97 -75 Adopted 5/0 partner, Tollgate CC,IwneIC.ial Center Part.ne_ ship, requesting an tuuendment: `o .he roil Gate Commercial Center Development of Regional Impact (U'r'.:C) , De.-elop�ment 3 February 11, 1997 Order 84 - -1, amended for the purpose of extending the timQ that the development order remains in effect for. the Toll Gate Conanerc.ial Center. (DR1). (3) Recpaest the Board r,f County Comirdssioners approve, they Ordinance amending Ordinance No. 96 -16 regarding vo s ne'.. speed control and water safety; adding a df�finitiorl for Hurricane Pass; incorporating all idle spe -- (j :_one:s previously designated by resolutions; adding new i,ile speed - no wake zones; providing for c1: and severability; providing for inclusion in the Code of Laws and Ordinances; repealing resolutions; providing an effective date. (4) An Ordinance providing cundi -rig fcr ttlr_ Juvenile Assessment: Center and Suspension Prccram through olt:ty Delinquency Prevention, fines pursuant to S- cti.o-: 775.0833, Florida Statutes, as amf:�dec by :'nap er 9E 3 , Laws •--f Florida; providing for r-) mandatcr" t cos �f t.l�ree dollars ($3.00) to I);? ass e3SEEd aQairis _ every perscr; convicted of a vioiat.ior. of a criminal _tatute, a municipal or coun':.y ordinance, or a traf=._ offense iu Che County; providi ^.3 for the court to a. '5s•eSS the mandator, cost c- -d er of the Circuit court to collect the mandatory cost.; pr.ovidir,_.; fcr the rollection of costs and dlsburst?ment •ct _`un(is *he Clerk to the Sheriff; pr,- widi.r.g the resf,. ^rair_:.:it::i� d of the Sheriff; providing for conflict and _iEvera}iliuy; providing for inclusion in the Code of L'.!%Vs and Ordinances; and providing an effective: dat,-_. tContiriumd gram 1/28/97) (5) Recommendation than: the Roard of County Cornissioners adept an ordinance amending Ordinance Ne. 5 -11, the Beach and Water Safety and Vessel Control Urd;. Hance. �Drd. 57 -10 Adopted /O Ord. 97 -1i - Adopted w /change 4iI (Con=. Const:antine oppos, -d) Res. 97 -76 supporting the Juvenile Assessment Center - Adopted 5io Ord. 97 -12 Adopted w! changes 5/0 (5) Petition AV 96 -25. Burt L. Saunders as agez,r to: Fes. 97 -77 n.doptecl S/0 0'•, -ner, Mark Woodward, Trustee, re._,i:esting vac:,t:on ;f. portion of road right - -of -'say, a> shown on a cfate Road 45 Right -of -Way map recorcled in Road Buck 2, Page 112, of the Public Records c-.f Colli.er Count;; Florida. 13.99 ?.ItlS��1Fw3L:i (1) Petition. V- 96 -29, Craig R. Wocriwa.rd, E's o,,i.re, Res. 97 -78 Adopted 5/0 representing Jam -s and Ruth Ann Walcott, recve;.t;.nv-j an after- the -fact 1.95 foot variance to the required 7. foot side setback to 5.5.5 feet for property lscated at 1582 Biscayne Way, further described as Lot 3, Stock 284, Marco Beach Unit 8, Sec. 16, T5 2S, R26E. Withdrawn by Petitioner (2) Petition CU- 96 -24, Jeff Swi..tek rcprFS- ant: -na Jeff Withdrawn by Ptst:it:ioner 4 February 11, 1997 Swiatek, John and C'_ay Winfield, requesting Conditional Use "4" of the C -4 Zoning District for used car sales for property located at 4070 Golden ;ate Parkway /, furt -her described as Lots 14, 15, and 16. Block 24,13, Golden G,'e, Unit 7, in Sec. 26, T491S, R26E, consisting of 4 acres, more or less. Discl.lssed E. CoT.M. (3) Petition Cu- 96 -23, William L. Hoover representing Res. 97 -79 Adopt.ced 5/0 Ferril A. Boutilier requesting Conditional Use "2" of the• P14F -6 Zoning District for -n. church and church related facilities for property iocate(2 on ` -he north side of Guilford Road approximately 900 feet west of East. Tamiami Trail. (4) Petition SV -96 -5, Tracy L. LeBlanc representing Toys -Denied `; /0 "Fi' Us, Inc., requesting a ✓aria:,ce from tale requirement of two wall signs for shopping c<:nter. outparcels -o rhree Wall signs. B. ONAA 14 . &4&RP -9r— 2S217�L A. Corut... Norris re City Cnuncll/Co--:nty relaLions Discussed B. Comm. Berry re Station 12 EMS Facility discussed C. Comm. Constantine re r.tie possible i.ncorporari"on of the To be discussed at. Utility Ord. into the L,DC future dare D. Coirun. Constantine re recisitation of agenda items Discl.lssed E. CoT.M. Constantine re relocation of the Ford Motor Co. D.isr_•usse(I F. Comm. Hancock re specialty IiCeT15E plates Discusses: 16. A. Asst. County Attorney Student re apr')eal of Circuit Court BCC direction to proceec der_i.sior, re Naples Bath & Tennis Club vi/ appeal (ConsensuS) B. County Attorney Weigel re contract reviews Discussed C. Cc:unt-_y Attorney WP_1.gE1 re request from former Comm. Discussed Matthews for reimbursement of travel expenses D. Acting County Manager re Staff preparation of agenda Discussed items 5 February 11, 1997 All matters listed under thin item are considered to be routine Approved and /or Adopted ®td action will be taken by one motion without caparate 5110 discussion of each it-sm. if discussion '.s demirad by a wv:xber of the Board, that item(a) will be removed from t:'ae Conpent Agenda end considered°, separately. t�lC M It ►!. a. �� - i. / ' � � � ' r (1) `.dater and sewer facilities acceptance for Camelot Park at The Vineyards. B. PUBLIC KQP-KB Approve a proposal for repair of an exIstirig reclaimed water main prior to connection of a new main within the Right-Of-Way o` Davis :3oulavar.t. (2) Authorization: to purchases a repLacemenr. 580L Cac;e 3� :c:khoe from State Ric!. ($) To obtain Board of County Comrn_ssionei> approve). ot.f a Budget Amendment to furid.. necessary mO:".lficat =Uns C(, the Naples Landfill Leachar_F PtAnp Sf.dt: ion. (1) Approval of budget umendmPnt recognizing rz-n additional $29,989 in State Aid to i,ibraries in FY 97. In the amt.. of 54,550.00 From Falcon Power in the amount o)' $50,802.00 (2) Recommendation that the Board of County Conur.issicners In the amount authorize the Parks and Recreation /Solid Wasre $40,000.00 Dep,3.rtments to purchase recycled playground sports turf from Contract_ Connections, Inc. for the :olden Gate Co;:munity Center playground project utilizing the Florida StAte--negotlated agreement pri.cing schedule contraci.. (3! Recommendation the.*.. the Board Uf County Commissioners of Collier County accept the ;30,000 =lorinet Enhanced Connectivity Assistance Grant (Level II) from the Sate of Florida, Department of State Divisicn of Library and Inf'.ormation Services, and that ~he fund's be placed in expenditure ?ccounts according to t :he attached budget amendment. (1 ) To accept a and Kathleen M. Lots 11 and 12, Island, Florida, storm drain. drainage easement frorn 'Ti.nc•enr- W. Malerba tfalerba who own the property known as Block 37, Marcu Beach Unit Tti, ;o, Marco to allow the relocation of ar. existina (2) Recommendation to declare certain County property as 9. February 11, 1.997 surplus and authorize a sale of the surplus property. (3) Recommendation to approve a budget amendment recognizing carry forward in Information Technology Fund 505. (4) Recommendation that the Board approve the assigrument of the lawsuit titled, Gregory vs. Collier County, Case 1197- 0122- CA -01 -TB to David E. Bryant, Esquire authorizing stiff to prepare an amendment to the current contract beeween David E. Bryant, Esquire and the Collier County Board of Coimiissioners . wi f•. � f, n.�; (1) This .item has been deleted. (2) Rudget Amendment Report. •f . '7 F2hritar�r 11 1 oq^ Deleted PA's 97 -142 and 97 -147 PROCLAMA TION 5 A � WHEREAS, February 9 -15, 1997 has been designated Vocational Education Week, by the American Vocational Association, and WHEREAS, profound economic ana technological changes in our society are being rapidly reflected in the structure and nature of work causing a gradual shift in the job market toward more technically trained employees who are equipped with good reading, writing and math skills; and WHEREAS, many of the fastest growing occupations in Florida for the year 2005 will be in fields requiring vocational or occupational training leading to a certificate; and WHEREAS, Collier County is making efforts to diversify its economic base beyond agriculture and tourism and to help the establishment of technology- related companies that offer high -paid employment; and iVHEREAS, Collier County Public Schools provide vocational technical programs at high schools and the James Lorenzo ;Vaiker rotational Technical Center that train students in basic and technical skills that prepare them to meet new demands of business and industry, and WHEREAS, the ever increasingcooperathv efforts of vocational educators, business and industry to stimulate the growth and vitality of ottr local economy and that of the entire nation �.Y preparing workers for the occupations forecasted to experience the Largest ana fastest growth to the next accrule. NOW THEREFORE, be U proclaimed by the Board of County "Commfssiorer� of Collier County, Florida, that the week of February 9 -15, 1997 be designated as VOCATIONAL EDMATt'ON WF_E.g During thlu week we urge all citizens to rej7ect on the vutskinlling programs and services rovided by vocational educators in the cquntyand the vital role that vocational education plays in educating the local s+orkfivice. We further urge busirmts and industry to continue supporting these excellent vocational technical programs in order to enhance indivUital.wark skills and business productivity. DONE. AND ORDERED THIS l Ith Day of February, 1997 ATTEST r DWIG k,—ft k P, K BOARD OF COUNTYCOMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTIIY . i1AP'iCOC -K, A,CP, CIIAIRMAN 5 A 2 PRO CLAHj TIO�V WHEREAS, the PTA was founded February 17, 1897 by Alice Birney and Phoebe Hearst; and WHEREAS, over the years the PTA has been instrumental in: • securing child labor laws • supporting compulsory public education • Creating a national public health service • promoting education for children with special needs • establishing a juvenile justice .system • making parent involvement a national goal ir, Gools 2000; and WHEREAS, the mission of the PTA is three fold • to support and speak on behalf of children and youth in the schools, in the community and before governmental bodies and other organizations that make decisions afrecting ch revw,and • to assist parettrl�O�i" reed o raise an . d protect their childre.� �,, '•. ¢' ' • to CncdK'tr'�+!#;fS�t 6TA "f�3lC�}riliiietrtiyr `� }fir ublic schools of this LYI{EF.'EAS, she 46,2 P4 *ettxp rship r spear[ 5I r`;= l tc iplo, r k, q t units in all 50 WHEREAS, minty has over 2.500 memhe r lii 112Zi al P r '" '" ,d received an c� i1!" the largetl percent increase j* rg t �s a �� e lhrt to cf Florida; KNEREAS, t y Etc time pfr> cams and pr9jiris of the PT. nejit the children ° agCollier Couyr �. NOW THEREFO / edy tl 8tif Couy r ers of Collier County,'i>bruary )" 19 QS DONE AND ORDERED THIS I 1 th Day ATTEST: ;9 ry, 1997. BOARD OF COUNTY CONIMLSSIONERS COLLIER COUNTY, FLORIDA TIMOTHY`C. COCtc, AICP, CHAIRMAN m. >. ; V, f ound.ng <,t the_ Cr:m1rc.ss of Mothers !c. act on bi -half of chilrir�n in the home, at schoO!. ail., in the The �-. I t��:cfl!'r:i: iid:oCa: S for Pa.,ents 6nc to sex Cducntiori; arci for„ rational hAa!th hurcau. G£t!hr!�S ur ; try luln: I' i :itres'�.: •..1Cir ;:; I l!i)1'C rync!Tn for ruver,lle lUStl:° isSUeS and ti,e neec! t�.. hi:r'. it -��,, ,,,.v�. s .:deral aid io scho,k,. PTA. nr,e�� that kin:iergaren !>• p,vt of the i r'.ucatinnal systern: asks parents to su- per. ise the r Children's ;W—ndarice at mn•..,nc pictures; local PTAs serve hot lunches to children The Natior;a! �__nn.:ress �r,ir)r 1 Purer,::, „rd Tv;ichers is formeci to serve children In se,�c _ a ;�>r', r „�t� �. PT b ^'r.� ;� nainrn�, sir �.}hildren's he.rlth project: and is involved m the first in s( hool -h��rr rr�lati�,ns_ A m:—! "()n pre) ,c- �.rlri r:r,., �. -�nC. >_ '., il-'.o, :)r -.�,nt _- hi;dren'roni sijt :E-rlrl o `luri ..:; the , ;Ind P'. , „) ;L nutnr,u�f >ilr' arld school lilts safety as it °late; .n .hlid, gin. PT .% :i—d lunc h one of the first non^oy- ernmental „r anizations tr: si:ppnrt the es'ai-iishment of the United 'rations: creates new univ,rs+t-,, prnie,t to teach ta�achers he ��e s( -'mol relations: its wartirne ac ;iyi- ties :nclud- tiie wF,ul:;v radio Sei1 ;. "The Famii in �tar.'fe�turir.g the Baxter family Ind .a panel of experts dice -,ssin the �k; ; ��pisr ;de. alts a natlnn[,I �)n["r�:,�•• In ,),irlr,.:ss narcotic= ao:; r(ru ; addiction in youth: he!os eld -t <�st and f(;r thl(! f'ulin V:)stint: anti promotes health supervi- sion of children from, Car!,. r,'iilr:hon(i through scf,00!. Creat( -s public mesSat;e aht,Ut the dar�,CrouS effects of smukmg: helps enact. child J protection and trn satet} islatio,I: pror ;,n:es arts education via a nations % -ide cui- tUral arts prfJIrtlm: ami crcat "s a new focus t;n `'()me-school relations in low Income areas. Nati(mal Congress of Colored Parents and Teachers and National Congress of Par - "rits and Teachers unite to beccme one organization: expands outreach to combat alcohol abuse: calls for parents to share in decision, makino in schools: begins project to oppose violence on opens Office of Governmental Relations in Wash- ington. DC: and invites students to sit ot- ti) e National PT.a Board of Directors. PT4 !i;;hts fnr automor?Ilt- cllttt,: hC-lt and - `,,lc: rEjjtralnt le-lslation: creates a drug,, alcohol abuse prevention project: focuses mere attention on children and families in the inner cities: and creates national HI's, ":AILS education program for parents. PTA conv nos national summi' on parent invo vernent: becomes major force ir, adding parent lovolvement to National Education Goals: launches national program to pre- vent violence affec ;fine ve,u'h; crr:ates natioriwioe 1ti -viers in�� skills project; celebrates 100th anniversary. 5 A 3 PIt_¢SLAHATIQlV 14?IEREAS, the Avalon Elementary School PTA identified a neighborhood crime problem which affected the safety of the children walking along the Bayshore Drive corridor; and N?IEP.EAS, the Collier Ccunty Sheriff's Office impiemented the Community Oriented Policing effort; and FrWEREAS, the neighborhood organized several Neighborhood Watch groups; and HYIEREAS, the P7'A, Collier County Code Enforcement, the C'otlier County Attorney, and the Collier County Sheriff's Office worked cooperatively to create a Nuisance Abatement Ordinance; and 47IERE4S, in passing the ordinance the Board of County Commissioners sent a message of responsibility to absentee owners; and WHEREAS, the Friends of the East Naples Corrmurity Park, the Avalon Elementary School PTA, and the Collier Coun.gy #sari„ ,j D„�ce Community Orientated Policing Team, recogniztrg�X t i�s p� C`Orementioned efforts; .vith help from the East l�ttIlt ,�fv t,'. �jt � r'w� ylrrh of Naples Eawt, and the Collier C nized a day of community NOW THEREFOe 1t ptY>rlaimed bJ- theotZrrl o>%'ntlriiy C€ +airy C N r do, thot tttc y,,l~'46T4 at'y V' s. ?% Bd. YSH�IRE FAhfiIX`xS1lI1 L an A' i< PLEB rOM,�IUNIIT PARKt ELf'itltA DONEAND OF! 'HIS l tth. Flay of Fe" 997. yes %, BOARD OF COUNTY e r COLLIER COUiN ; s oj'Collier wed as 'ERS K, A1CP, CHAIRN,A.N I 8 A RESOLUTION 9,;- ? 2 A RESCLUTION BY THE BOARD Or COUNTY COMMISSIONERS OF COL,LIEF'. COUNTY, FLORIDA PURSUANT TO SECTION 2.7.3.4 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AFFECTING ORDINANCE 32 -81 KNOWN AS _'MPERIAI, i -AKF.S Pi1ii, EXTENDING TEF, CURPENT PUD APPROVAL TO FEBRUARY 1.1, 2002; AND PkOV?.D,NG AN EFFECTIVE DATE WHEREAS, the Imperial Lakes PUD, Ordinance 82 -81 adopted on September 14, 1982, may be subject t,D (:he provisions of Se --ticn 2.7.3.1, of the Land Development Cor_'e 'D ^1 Time Limits foz Approved PUD Zoning Districts tooether witn their respective Master Plans; and WHEREAS, the PUD .._a.s ?d ;c,Ced cor_;is _ent wi t.n and and <,r the provisions of t`,= C':,,11ier Coon y Grcwtr. Marage- tent. Plan and has a valid an-1 effective F "nal. Sit= -Fev�icpment Plan approval, which approval prchibited t:he issuance of building permits for the PUD Until Livingston Road way co ;:st:ructed by the County, and said road has not yet been co::structed; IlERFAS, the density of the PJD t13-, previously been .leter-nined to be vested; and WHEREAS, the r,card of Ccunr-y Commissioners has reviewed the PUD and has determined to extend the current PUD Zoning `or five years, until February 11, 2002. NOW, THERFFORE BE IT RESOLVED, by the Board of County Commissioners of Collier Co1::Cy, Florida that: 1.. The above recitals are adopted herein by reference as if fully set forth herein. 2. This Resolution s ;fall ccnstitute evidence of the County's compliance with the review regt.i rements of Section 2.7.3.4 of the LDC. 3. Pursuant to said section of the LDC, the current PUD approval is hereby extended to February 11, 2002; at the end of which time it may be deterriined whether the PUD property owner is requ.ized to submi= to the procedures in LDC Section 2.7.3.4. 4. Prior to cc,nstruction under the authority of approvers Final Site Development Plan (FSDP) No. 89 -134, said FSDP shall b_ reviewed fcr compliance with the LDC requ.iremenCs in effect or. the date of this Resolution and shall be amended to be brought into compliance to the extent that said requirements do not invalidate or require changes or amendments to the permits of other agencies and do not cause the placement of buildings and infrastructure shown on the c ^SDP -o be changed or the buildable area to be reduced. ,w r:r -�.•'* +. ,f,, a - i ' This Resolution become ohall effective immediately upon its approval. 5 v BE IT FURTIHER RESOLVED that this Resolution be recorded in the minu'ces of this hoary, and in the records the Petition of for which the extension is granted. •../ . ASSISTANT COUNTY This Resolution adoptedd after mcti.on, seconri ani majority I "o t E . v+ J! e V Done this day of February, 1537. I ! 2�)AR2, of COU_ 47Y C'OMMISSi0A1ERS COLL:EZ G 7,G13'1'ti'. FLORIDA a !r. 'H,zI`Ci'�CiiAIAMP`i :: A'TTF: 7% ' ' ,w r:r -�.•'* +. ,f,, a - i 5 v ��,-; / •../ . ASSISTANT COUNTY v+ J! e V I ! a !r. ' �•�f,.; �` oaf �. i i, - "er lye t�. �� .�, •. a r • `, y. i 1 to 4,. , t i� r � 8 E It RISM GRANT 'PROGRAM ACTI-VITIES WHICH PROMOTE TOURISM AGAVEaKEEN-T THIS AGREEMENT is made and entered intc tnis day of i597, by and between The Marco island Y.M,C.A., inc., a Florida corporation, hereinafter referred no as "GRANTEE" and Cc Tier County, -3 political subdivision of he State of Florida, hereinafter referred t4 an "%UNTY." RECITALS WHEREAS, the COUNTY has allopted a Vurist Develnpmerr Plan ;hereinafter referred to as "Plan") fvndej by pro%eeds from the Tourist Development Tax; and WHEREAS, the Plan provides than certain of t he revenues generated by the Tourist Development Tax are reserved for activities and events intended to ':jrinc; tourists to Collier County for the period between May _through November each year, hereinafter referred to as "target period"; and WHEREAS, GRANTEE applied to the Tourist Development Council and the COUNTY for funds to provide a which will or has the potential to attract out-of-County visitors either as participants or spectators generating hotel /motel /campground room nights; and WHEREAS, the COUNTY desires to fund such program /activity. WITNESSETH: NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLCWS: 1. The above recitals are true and correct and are ir,�orporated herein. 2. SCOPE OF WORK: GRANTEE prepared a written detailed proposal outlining an event to he provided along with a detailed line item budget as part of the grant application process, hereinafter referred to as "PROPOSAL." The PROPOSAL is attached hereto and incorporated herein as Exhibit "A", and the line item budget is attached as Exhibit "B". GRANTEE shall provide the event outlined in the PROPOSAL within the budgeted amount provided in the PROPOSAL. GRANTEE shall nct be pa" for any expenses not provided for in the PROPOSAL nor 0! paid for amounts in excess of those in the PROPOSAL unless an smendment to this Agreement is entered into by the GRANTEE and the COUNTY. 3. PAYMENT: The maximum amount to be paid under this Agreement shall be One Hundred Twenty Thousand Dollars($120,000.00). The GRANTEE shall paid for expenditures incurred for the event upon submittal of an invoice. Payment shall occur in accordance with the Prompt Payment Act. However, the COUNTY shall be under no obligation whirsoever to make payments for goods or services in excess of, or not included in the PROPOSAL or to make payments using any source of funding other than the Tourist Development Tax. Any pal-ment made by the 8 E GRANTEE which is later shown to be an unauthorized expenditure during the performance of the grant contract shall not be eligible for payment. Any expenditures which have been paid to the GRANTEE which are subsequently determined by the COUNTY to be ineligible expenditures shall be repaid to the COUNTY within 30 days of written notice to GRANTEE of the ineligibility of the expenditure or the COUNTY at its option can withhold future payments to the GRANTEE or deduct the amount to be repaid by GRANTEE from any remaining grant funds. The GRANTEE shall not be paid for any expenses incurred cr obligations entered into by GRANTEE prior to the effective date of this Agreement. 4. INSURANCE: GRANTEE is required to submi*_ a. Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Ucvelwpment Council an additionally insured. The certificate muse be valid for the period of the promotion and the duration of `F •-, ev nts, and i:e issued by a company licensed in the ..Late 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 S?00,Oi;,:, each claim per person WORKER'S COMPENSATION AND EMPLO'YER'S LIABILITY- Statutory 5. INDEMNIFICATION: The GRANTEE, in consideration of TEN DOLLARS, the receipt and sufficiency of which is accepted through the signing of this document, shall f.Cld 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 airy name and description arising cut of or incidental to the performance of this Agreement or work performed thereunder. This provision small also pe vain to any claims brought against the COUNTY by any employee cf the named GRANTEE, any subgrantee, or anyone directly or indirectly employed or authorized to perform work by any of them. The GRANTEE's obligation under this provision shah 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 o`_, sufficient insurance protection. 6. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing and deF -mod duly served if mailed by registered or certified mail !o t'•,e GRANTEE a! the following address: Dave Rice, Soon_ Festival Dirnctor Marco Island YMCA 101 Sandhill Street Marco Island, FL 14145 8 E 2 All notices from, the GRANTEE to the COUNTY shall be in siting and deemed duly served if mailed by registered or certified mail to the COUNTY to: County Manager Second Floor., Duilding F 3301 East Tamiami Trail Naples, Florida 34112 The GRANTEE and the COUNTY may changa the above mailing address at any time upon giving the other party written; notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP: 1lo*_h-nq herein contained shall be construed as creating a partnership between vne COUNTY and the GRANTEE or to constitute the GRANTE7, a.> an g,,n* of ?:he COUNTY. 8. TERMINATION: The COUNTY or WNGEE may camel this contract with or without cause at ;east 30 days advance written notice of sucn termination and specifying the effective date thereof. If the COUNTY terminates this Agreement without cause, the County w.ill pay the GPANTEE for all expenditures incurred up to the effective date of the termination so long as such expenses are part of the PROPOSAL. If it is determined that there was not sufficient cause for the COUNTY tD terminate this Agreement, the GPP.NTEE's remedies shall be lirn:._ed to tr.e payment of the contract amount earned by the GR.ANTEF. on the date of termination. If the GRANTEE terminates this i.greement, GP -ANTES shall pay to COUNTY all fends expended by COUNTY under this Agreement if the Agreement is terminated by GRANTEF, prior to the event occurring. 9. GENERAL ACCOUNTING: GRANTEE is re <<ui.red to maintain complete and accurate acco,ntinq .any? -,ent record_, ar,u r.eer. grant funds in a separate c eck.nq acc "nt. An -,ng onich ca—i bF. verified by the County in . f5rn and suboancc 1pp_cved by W, Finance Department is due to the County Manager Within ninety 90) days after the evqnt zhich .s sci >du�.,>d for .;tune 6 -8, 1997. Ali revenue related tc Wip _vent shcuid h^_ .- eccr.ced, ano all expenditures must be incurred within the contract period. GRANTEE is required to submit annual fl—,an state meats r.n the financial condition of Cho event, of the GPANTEE organization, and a special report on the receipts and expenditures of the grant related event within 60 days of the completion of the event. Fail-re ' submit accepr.,bie financial or special reports wilt. result in the cessa` ion of payments on all grant contracts the GRANTEE may have with `he .COU*1TY at the time, effective on the date the submissions hecome overdue. Under such circumstances, no further payments will be made for the duration of contract periods and any payments already made - 3 - 8 E 2 shall be subject, at the sole discretion of the COUNTY, to later return to the COUNTY if acceptable stater„ents and /or special reports are not submitted as required, or if the payments are later shown to not be properly matched. 10. TERM: This Agreement shall become effective upon execution by both parties and shall remain effective for one year. 11. REQUIRED NOTATION: All promotional literati-ire and media advertising must prominently list the Collier County Tourist Development Council a_ one of the sponsors. 12. INELIGIBLE EXPENDITUPES: The following expenditures are ineligibi-_ and shall nor_ be paid by grant funds: a. Annual operating expenditure not directly related to the activity or project. b. Salaries of full-ti ^e ;ta`f. Employment_ of personnel not direCtly related to the activity or project. C. Real property. d. Capital JUt not 11:r.:teG' to new construction, rcr -) -anon, rr'.•;tprat_Jri and installation. or _eplacement of f:.xtures. e. Tacgible perso.la: P oc =rty, it c IIdi;;g ut not lirited to of tice furrishi:ics or equipm =nt, per� t colie_tions or tndiviJuai pieces of art f. 'r or reduction of defi.c1t.s or loans. E:: in.- urreci oy o l.igated prior to or after pr , f,:ndinu period. a. r 1 Le money, sct:olars;Iips, aw, rds, D"an,ues, or certificates. h. Travel r.ot associ_atcd directly ,4 project. i. Projects which are restricted t, pry �•ae or exclusive participation except for ir:vi tat i.or.al events which require a prequalification of participants through proven ability to generate hotel room nights during the Naples' area shoulder season. j. 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 shoulder season. k. Making payments for goods or services purchased for previous or other events. 13. REIMBURSEMENT OF GRANT: In the event the revenues from the event or project received by the GRANTEE exceed the actual costs incurred by the GRANTEE in staging the vent or project, - 4 - 8 E then, the amounts eligible for grant payment shall be decreased by the excess revenues up to the full amount of the giant. 14. AMENDMENTS: Any changes in the event such as project dates, key participants, and budget re-,7isi(,,n,3 must be submitted first to the Tourist Developmen- Council and then to the Board of County Commissioners for ro,isideraticn, approval anc: contract amendment by the Board, if applica!;Ie. IN WITNESS WHERECV the CRANTEE w& COUNTY have each respectively, by an authorized person or agenV, hereunder set their hands and seals on the date 3rd yea.,- is_.- at)ove written. DWIGHT E,. BRiJCK. Clerk COLI-11ER F L CP 7 rjA 'e!r; ly- Cha-, rm.ir, W11NESSE& G RANTEE The Marco Island Y.M.(:.A. , Inc. signature till Y1 Pnnted/Typed Name cf 5i . tna--ire Z Printed/Typed Name .1ii,.-ed/T,,p-d Name Z,1-1 77( Y6- 7?, Pain "dm"d "tl� �=r�)'Dr3te Seal) Approved as to form and legal sufficiency C Heidi F. Ashton Assistant County Attorney f'—%Agr"n nWidc Nlmrc<) Island YMCA 2/13/1997 . /•j 1 4 1 � . r, ar:C yr ,! I t < J s Jis ��tti p ry �r Ml z .Y� '+ r t {. • .I ,! I t < J s � s ; t tt yf �.i •ti i� •��}s�♦ K''' S •lam 3 Y + . 1 � r v4' 3` _ s s � s ; t tt yf �.i s � t tt yf �.i s � 8 E 2 Collier County Tourist Development Council Grant application I . Name and Address of the Applicant Organization: 1997 Marco Island Sorts Festival R %RYA . - - - - - -- - -- 101��r►l�i — — -- hlaLcq 11kp! FL 34145 ---- - -. - -- 2. Comact Person, Titit. and Ptx)rt'`unrbcr- Dave Ii - Soonn Gttr_iaLUp-cctor _ (941 ) 6,4Z fir Y [mss Y'ti! A �'u_sit> .s, at ns 1araner_L9 X394_3 144 Kir BQderfck Festival Chaff -man Emeritus_ -_ 941 X394- 3479_ -- 3 Orgamzation's Chief Official and Title Don_Clark _YM 1 Exec�u�iye- Direct <,rJt 0__i941.) 394-31,14 4. Is this an application for Category B (Prornotion and Ad,;ertising of Tourism in Collier County) or Category C (Local Projects and /or Activities which Promote Tourism in Collier County)? Check one: Category B Category C X- 5 How much funding is your organization requesting? $1 M U00 6. Briefly describe program including: -- Your organization's capability to promote Collier County as a tourist destination. -- Geographic focus of promotion, i e. Collier County, Marco Island, Ever�o� —� -> ,See Attached Marketing Plan F F B 1 11./ 1997 V 8 9 8 E 2 Application must be accompanied by the followin` =. _ x a) Verification ofnot -tor- profit status —x b) Last fiscal year financial statement _x_ c) Incorporation papers _x_ d) Detailed line item budget for program for both revenues and expenses _x- e) Detailed description of proposed plan _r. f) A marketing plan may be substituted for items (d) and (e) above Categor-f C project.; and activities which promote tourism should have an emphasis on the "shoulder and off season" of May through November What are the scheduled dates for your project /activity' - -_1997 -Marco Isia_rd Spoils Festr_al -- June 6, 7. _&8 Discuss how your organization wiil measure the number of visitors attracted and the number of room nights generated by your event. tileasunna the number of visitors will be done through traclonu of the parici ants by _ Zip Codes on the Registration Forms: We will try to work with the hotels to developer tracking nigthgd that will 6vc us and there a fairly reorewntat_i-v_e room count_ W_e will also include related _ques_ ions i.e__Where wjlLyou_be �How many will be"are in yourkarty?Ln the.revistrat_on form- Category C Selection Cnteria: i0t,aib),Identify the potential for attracting; "shoulder and off season ", out -of- county visitors as spectators or participants expressed as "shoulder and off season" •✓isitors attracted per Tourist Development dollar expended It appears from the registration forms from the 1996 Festival that 1000 of the 1700- participants were -from out _o' the County Our nrpiection for 1l X97 Is that 14')0 of th,- anticipated 2100 will be from outside the Count I hese numbers DON I incline atllcl ?aJlt S f11en'�s and other $ ectator5_)_�art; J ants — -- - - --p' -- Z- ---- ---._.. - -- p- in events of this nature normally have an z%_;raMe_o 1 5 p�_op ccompany there. Llsinc1the res ah��e,_�500 ou_o.f -cou_i r pec>p!e par7icipateJ.and %or attended the 1996 Festival the 1997 Festival will attract 3500 out_of_munty visitors F AuENOA II -EM j F F 9 1 1 1997 Identity the estimated number ot'hotel.mote! or campground sites venerated from the allocations of Tourist Development funds expressed as overni;ht stays per Tourist Development dollar expended. Many of the_proiected numbers for the 1996 Festival___ hit the tarctet _ The Fin( nc iol Gaits .cocoa o thc� l'.lur_keriil�_I'krn deals with this _ cyuestion in greater- detail. In addition, many-tourists who were already here for a vacation competed in the Festiva 'voile�ballul3ye_s ranr_ers. in_Jners, and others participated in _ and really enjoyed-the Festivai. _ The "Beach Erpenence "_ drew - large numb :rs of tourists_ tan¢ residents) The YMCA and other orkanizatier.s have aireadv been called by some of these tourists asking when the Festival will be in 199: so that they can make it a part of ere r vacation �!ans for this summer 10,d). Idea ?ifJ the snatching dollars prodded by your oruanization expressed as inatching dollars per, Tourist Development dollars expended The 1997 Marco Island Sports Festiva! will produce s -match ratio of S90 ,'S i 20 as reflected in the attached Budge'_ I O(e) Identify the future growth potential of the project being submitted without the Tourist Development funds as TDC funding is to be regarded as seed money, riot continuous funding. TDC Fund' ' criti::at at this point in the life oll_tnlsevent. The of the !he_ 1997 Festiy_al 15 to enhance_ the event as it =.Yas run in 1199?r, feet it and look to the future_. Maior sponsors have already eU, _,, ;ed_an- interest and__r_-thers will be sought to secure the lon -term staf`ilit_� of the Festival___ De_v_elopmere and commitment of M_aior S ems rs take t.;.Me_to cultivate. :fhc future of this evert is urli_rnited. Cuntinuedsuc_.ess c.`th s event could lead to a Coiner County CagEts Festival, a ¢aJa event that encompasses the entire area. 10(f). Discuss the soundness of your-out-of-county marketing plan., specifically in terms of how the event will be promoted to dra,:v OW-of-county visitors Success will be measured in the fact that we anticipate a 4C% increase in partici anon_ while spending, 20 % less money Previously successful advertising and romdtionalAGENflIA IlThj do /%7 venues will be augmented _Participants in events of this nature tend to be note onl a Qr:Or �, �I F E 9 1 1 1997 V^ Er 27 market. but also become "walking advertisements" for the event A successful track record from the inaugural Festival -Will work to our advantage in 1997_ 10(g) Discuss your organization's management and stability, specifically, in terms of its ability to manage the project in accordance with regulations and to achit;ve the intended results In e•.ery pan of the world, Y -NtCkis well known for conductin large -scale athletic programs and special events thehtarce Island tiWICA is apart of t;ii; tradition of Mvidingprogam excellence. The 1997_Sp(Lrts l-esti_vaI Leadershit� has decades of rp oyen manaiwernent and "nuts and bc?I_s_" experience_ _See the attached Sta,f Lohuntrer _ LeqdeLship _L r tiles. i WN Discuss your organization's readiness to imalernent the project. The Marco Island YMCA Board _of Directors voted unanimously to-take on this roi :ct. Board Members and many other C ommunity Leaders have expressed their support ve_bally and some mi writing See Letlers o Sup ri _ When the impertdin ; departure of one of the 1996 Chairs became _ well- publicized and the future of the Festival was inque;ti in, many citizens from around the county and Darticipants from last year's f ,tom ival called the YMCA to express their belief that the Y needed to take on the leadership roi,; for the Festival to continue. Mr. Rice's accMtance of the Chairmanship was aa - eterminin factor in the Y Board's decision. Mr. _ Rke is well-known in the _Co_mmunity_ for his dedication and commitment to excellence. He brings with him a great deal of support from _a number of local community groups. 10(i). Discuss why funds are unavailable from other sources. Tourist Development Funds should not be mewed as supplanting or replacing, existing funding sources. Conducting an event _ of this mas3nitude requires the backing of an �)�rizatzon that can gain community -wide §�,jpport mobilize Ike numbers of volunte+:rs and operate hi_gh-civality sporting events_ There is no better organization than the YMCA which has _over _150 years of tradition and ewe fierce in conducting evertragrams of all types and _sizes _Despi . e the use of its, czimmi led volunteers rid _edicatedsLaff tttF Y is unfit le to un,�gr *.ake this wcrderful event without_financiaJ s.�p ort from the TDC in thishase_ the YMCA does not have h, A,t:t.NDA I budgetaryrewurces nor is it part of its nonnal_ pro uam to advertise and mote�ou�¢� r C 8 1 ! 1997 �.� to the area In the future '�ta�or Sponu�rihipawill be the cornerstone thaty, 11 ensure___ low -term viability of the Sports Festival- 100) Discuss the capacity of the project to enrich the artistic, cultural, and environmental attractiveness of the community to the visiting public and compatibility with the community in general. Participants and spectators will enjoy a taste of what Collier County has to offer--beautiful and bountifill beaches. fine restaurants and entertainment centers_ world -class hotel accommodations, the lo<:al shops ng venues. gorxeous neighborhoods--a recreational paradise The 19 7 S ots, Festival will -also oroNJde something unigt ern emphasis on Marco Island and Collier County as a premicr venue for events not normally associated with the area. In -line skating marathon running, and triathlon competition and_ other events of the Spur s Festival enhanG_ the breadth of the visitor experience. Also,__ our visitors will receive a wealth of infoanatiort about Coi!ier County . its many amenities _ and the opportunities here to visit on a regular basis not lust-"in season" They will experience first -hand the duality services available through our_hoteliers and merchants and be made aware of all of the many "off season" attractions available in Collier Coun I have read the Tourism Grant Program guidelines and criteria and Resolution No. 93- and agree that my organization will fully comply with the guidelines and criteria and Resolution No. 93- Signature of Qrganization's Chief Official Date hGc1�CJAGf /� F r 9 1 1 1997 i -�J is � �S , 'I � x t,t � r s E � •� r � t •� 1 ) y i •t •' 1 1{ • .i ° v 1997 M I. f IF Sports � 1 TDC BUSIN 4 r'• .y= v; a r i i ! " 1 f.f i r'� Z� � .t r • .� G' ✓4 . • i, 1. v � 'r mti fppartmpnt of 0�tatr 8 E 2 I certify from the records of this office that THE MARCO IS[ .A.ND Y.M.C.A., INC. is .a corpc >rbtion organized under tie' law`s df the �. _ _._., State 'of Florida, .filed on January 17, 1985. �4 The document number of this corporation is N07168. j.. further certify that said corporation has paid all fees € due ?this office through December 31, 198.8, and its status Js L {actwe. Via. - _ , cI r .,�: Y• (� '7e �. 'T y.4. Isctren under cc lZanb ^na. Mi eat 5eZ th xte of rtDca, .: ��tv «° ;..� :.. . ttt ffi�ialtt user, the Qltt�itni,`t�cgtq �--- `19th bq 4$ pril, 19881wt�', - CR2E022 (3-87) i AGEN A ,%errttarg of �"Btahe Internal Rtevpue Service pistriAirec r 4 1 AU r 21 1986 • :1 �. Marco Island YMCA Inc. P.O. Box 1103, 101 Sandhill Street Marco Island, FL 33937 Dear Appli::aa:t : i Department of the Treasury Emoloyer Identification Number. 59-- 2498619 Accounting Period Ending: December 31 Form 490 Required: yn ❑ No P *r.wn to Contact Ann Baker /nds contact T*kphone Number: (1+04) 331-4516 FF'ti : 580070782 Based on Information suppiind, and ss.°.uming YG'Jr Opera'-' 0_,,s will lot as stated in -four application for recognitlon of exemption, we have de'ta:-mined you are exe,apt from Federal :::cove tax under s:ctico 501(c)(3) of the Intel•nal Revernie Codc. Ae nave further detert;irad that you are not a private rcundation vithir', the meaning of section'509(a) cf the Coda, because you are an n, u nizgtion described in sectica 509(a)(2). It your sources of support, or your purposes, charactar, ar, method Of operation change, please let us k.jaw so we can consider the effect of the c>anga on your exempt status a.:d foundation status. Also, you should :nfor.: u3 of all the -nges in your name or address. As of January 1, 1384, you are liable for taxes under !.tie lelnrnl Lt,�urnnce Contributions Act(soclal security taws) on re:maneration of 3100 or ¢urs y;+u pay :u each of your employees during a calendar year. you are not ).ib.ble for the taT. imposed under the Federal Unemployment Tax Act (F'JTA) Since you are not a private foundation, you are not sub!ect to the excise taxes under Chapter 42 of the Code. However, you are not automatically exempt from other Federal excise taxes. If you have any questions about excise, employment, or other Federal taxes, please let us knor. Donors may deduct contributions to you as provided in section 170 of the Cote. Bequest3, legacies, devises, transfers, or gifts to you they ror your use areable deductible for Federal estate and gift tax purposes if hey meet the applic provisions of sections 2055. 2106, and 2522 of the Code. 2 The box checked in the reading of this letter shows whether you must file Form 990, Return of Organization Exempt from Income Tax. If yes is chocked, you are re required to f11e Form 990 only if your gross receipts each year re normallthmofifth than $25.000. If a return 13 required, it must be filed by ' -he la month after the end of your annual accounting period. The law impose: a I the he y el� 4 $10 n day. up to a maximum of 35,000, when a return is filet! late, unless the reasonable cause for the delay. F E 9 1 1 1997 Letter 947(D0)A§V- 10-83) P. 0. Box 1055, Atlarm. GA 30370 u 8 E 2 • You ere not required to file Federal income tax returns unless you ere subject to'the tax on unrelated business income under section 511 oC the erode. If you are subject to this tax, you must file an income tax return on Form 990 -T, Exempt organization Business Income Tax Return. In this letter, we are not determining whether any of your present or proposed activities are unrelated trade or business as defined in section 513 of the Code. You need an employer identification number even if you have no employees. If an employer identification number was not entered on your application, a number will be assigned to you and you will be advised of it. Please use that number on all raturns you file and in all correspondence with the Internal Revenue Service. Because this letter could help resolve any questions about your exempt status and foundation status, you should keep it in your permanent records. If you have any questions, please contact the person whose name and telephone number are shown in the heading of this letter. Sincerely yours, District Director ENCLOSURES: Form 990 Schedule A Instructions FEE 1 1 1997 letter 947(DO) (R f%1- 0 =-83)' MARCO ISLAND YMCA 0.00 1,455.71 1 Profit and Loss 6020 ' l4 1oZVss January through D+►comC+r 1995 AM 4 torrto4lfs Expanse Jan - Dec 96 Ordinary yx;orrvt/Expense sm Barth &wvico c?f"- tnconw 26,018.OG 4107 • CanVaign Tra-tstar 9.375.50 411W • CordrThWats kxOtM: 1 t 13,882.33 4110 • mwr&ers)4 Duos 8,051.00 4160 • Day Pass 268214.40 4179 • Progrm, Fe" 171.19 4110 • Raitrburwd Expenses 10,073.00 4200 • Jotners Foe 41,678.88 4300 ' SpecW cvw" ZSM.72 4400 • gales of Supplies and Ser css; 672.94 4490 • Milceammous Income 27,001.' 00 40 • tJrtlted Wry 60 - - -- 9,31,326 531,211.96 ToW bwA me 36,18W85 Eqw-4 an - L;rwAtaqrAUvd 0.00 1,455.71 6020 ' l4 738.31 AM 4 torrto4lfs Expanse 1,60296 sm Barth &wvico c?f"- 3x96 0130 Computer Wt'— 14,£•4x3.14 4160 Ccxttract Services 90.00 6160 Contract t.ab'x 54, 484.84 1 Depr*, tWkn Expense 200 796M 4224 Dues and Sk6w l(#$0m 51.50 x277 Equiprttent Rat•6sJ 11,158.24 rt rns Matioal Dues 1 52t.46 6230 ErnpMy- Expenses 9,31,326 CM' Equipment 36,18W85 6300 - Irmuran" 371200 0406 • Profes4k)nW Fees 5,427.14 $440 • ktared msse 1,07925 SW • lJcenses and Per-Tits 7134.00 6420 MoTberstdp F-xperes� 830.74 6670 mlacesww"Us 332 1 ?3.C�1 66430 • Gross Wages 25,339.24 gW • Pryrog Taus 1,5C1.07 0010 • Postage -od DeWery 22X13 6920 • Prlt" =W Reproduction 22,2 5 .13 $470 Program Expense 1,430.00 VM RwA 9,426.35 1710 - 11,7.57.06 sr 6760 Redrnent 082,06 6764 $ales T- 5,858.55 6764 ' SpecW Events Expanse 19,217.61 6770 • bupoes 280.82 Rills Toots 34,80.78 "40 L" t ri.88 070 confarntce / Tralnirq ,1,t 12,502_85 076 Expatse Rams tin —A-ied (49,847.88) 61110 Expensed Rana CapRaRied _ 5�34,T93.09 Tota3 Expense — (53,585.131 14e1 O"Arary kmorrn - ouw lr c— VExgsnse Mer income 7100 Beck Fund 20,04825 5365.00 7101 stona43ac* 100.00 7102 GrearA 3.304.00 7103 Sponvr!r8 -k 25.00 - -- - '°—� 7104 &t mbvt! 25,01800 A(:.•''NUA ITEM, 7110 c ur�aign lncume+J 700.00 t I. -) /�/ � 7444 • tiC:+grvited 0,730 25 Trial O9rar Irrcwne F F A t t s99 Otter Expanat sm . Campdgn Transfer 4ut 26,018.00 Q �44 Egv�nnt Baci 15,738.91 Soo 00 1241 • E„��si{tr+ata4 474 67 M3 EGv!(+Went 1;ental F±eck _.. _ _ ., � . i .. �' {tt . r H �, 4 � tt t h � � r r /�' - - .,' :. , ,. i ,.,. ..,., i r r � .. �,- • r � . �., I� .. t� y�' ��. � -f'� .! .1 MARCO ISLAND YMCA Balance Sheet As of Qecember 31,199S 8 E -ell 8 1 1 1997 D*C ASSETS Curtest Assets Cwkk%maviNs 5.286.47 1601 • First Union 3,360.09 10tH • SoutrTrust Bat* 1004 • Petty Cash - -- Tdtat CAec'i*V%sv"s 0"we CAwreW Assets 806.00 13m • Prepaid Irma nCa i 13 • Bost and Irm krver" 46 ,!900.00 362-5c 1300 • Vnw*ory_p@mw&bb Goods -- 2.782.50 Total COW Curtest Auets 11,47.8.06 Tt,W Curserd Assails Ftzed Assts 0.01 10" • Aubo Vans 32.299.25 1075 • ProWwn Equ%XnWd 37.726.15 1975 Fun*ure " Fb%w- 5,043.10 2070 • Sign i 9,8011.34 1067 ' Pksnbtng 82•!1 o,w 1044 loci site ►nprw#w-nft ( °) 171,71!018 5,W4.62 1GEti • Termis Courts 2 4.4,21,0.`.;1 1050 Pool 43G,0W 30 1063 Hu60In9 4(A,372 60 1060 Land — 1,415,762�a ToW Fixed Assets 1,4V,190 61 TOTAL ASSES LLABd1T1l:S t EQUITY UabiPJW CurrIA Uawitks Atcourft Payable 16,41291 7000 • Accountx Pryable —. -- Total Accounts Psyable 14,41291 01W Curlrnt LLswwj" 1,:3738 2114 • Payroll L.s' bWtes 2'i98.J1 7104 • P3yrvd LlrbdiU" -- TcAs9 Otter Curnrri LAWtiRS _ 3,875.39 Tatal Curmrt Llabtllb- Long Term Uab&Vl- 9'1,364.93 V.m • Low Peyat%r±latand Bank — Total I cwq Tarn L.labdtties 91.364.96 111,653.:'.6 Tor,W 1_4Wittles Equity +,381,301.55 330'3 • Fund Balance (5E.7fit.E�J) Not llxorm — 1,315,537_ -5 Total Equtty TOTAL UABILITIES b EQUITY 1,42'1,16!7.! 1 8 E -ell 8 1 1 1997 , , � +, _ �� `: l •4' `- sJ 1Y' � ��1�",. 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Y ".� i ,rti �rl is /_J •, -� - `• ,. f. / , .., I� ._ r .. ' _.:.�. . . . ( � -. . .._. �,.. ....: .. ._..>u�.�� {L_ — _� l t. ^'t'�'I .'•1:.11�'._t •a�, -.;•. ",�_�.w__.1. L�.a 1�.. ■ .'i. y,,' � � ; ;te4r -��•�� •.�!, ; + t Std.. f.•' • t4: S 51 �i r r' LIS NEWSPAPERS yf � �♦ L i Press L . 1 Newspapers . .t Display A rtisina Potential - - 2) Circulation P AL S I I A' PEI enc TwoA. Ger AO spla. reig ft C i ri C• A 1. I . r ' .• i 1 _ 1 i y � � M j r Its ' � {� .11 j •y �, s' N� RADIO Appearances on Public Interest Programs •.r:'• V Public Service Announcements '+ •r �. Local r IT (WODX-1,480) Circulation 31. hn •rYr► , 11 P79 1 C 1997 %l ,N J , t. 1 •• Y1 1 .�? �sr , j}> h t � I Im 13 ��LEVISION 1 .?,ble Networks throughout Florida - . r ly � r � '+., �. 111 7rs 1,T;✓`.Af U: is G Y�1 •• Y1 1 .�? �sr , j}> h t � I Im 13 ��LEVISION 1 .?,ble Networks throughout Florida - . r ly � Internet Advertising -. � 1.•rl .1y'S�9. It 'e 'lei Governor's t `-a on Fitness 'j •. 4 COLL i :j .a. s • �► c i,r �. �.. Internet Advertising It 'e 'lei Governor's Council on Fitness 'j •. 4 i .a. s • �► �.. } Potential - 150)000 Circulation $40,000 Cost - tit `i '• 1w f J r t i JL . 'Y Y H *i GCNDA FEB 1 1 199? t 1 .. I /t f d • - I i -� 1 i I / y • i •t 4 1. �' It',f� y >i '♦'' ` �'y a xi✓ S J. J!. F 1� it •� i/. XJ 'F •.`'r 1 j' •mow - y_%y,.` ,t�. .3. fk �i � r j 1 171, 1 .4 SI •,t I f �•1, I it I � 1 wl 4.f . . •1 i %f • • i •t 4 1. �' It',f� y >i '♦'' ` �'y a xi✓ S J. J!. F it •� i/. XJ 'F •.`'r £. j' •mow - y_%y,.` ,t�. .3. fk �i � r r:i�� • g y� 44 i.1 J • j 1 171, 1 .4 SI •,t I f �•1, I it I � 1 wl 4.f . . •1 i %f • • i •t •.`'r ^jam. �i � r r:i�� • g y� 44 J • �•i.� Jll .t •,Y t' t t 1: Y♦ � j 1 171, 1 .4 SI •,t I f �•1, I it I � 1 wl 4.f . . •1 i %f • 8 r EXPENSE SALARIES MARCO ISLAND SPORTS FESTIVAL - 1997 25 -Oa -96 510,000 CONSOLIDATED OPERATING FORECAST $1,400 $700 PROJECTED EVENTS MAJOR, � DONATIONS SPONSOR. OTHER _�J�NUES TOTAL REVENUE $p $0 $2,500 $0 $2,500 FUNDRAISING MAJOR SPCNSORS $U $10,000 $0 $p $C $10,000 $15.000 EVENT SPONSORS $15,000 b0 Vo $0 $0 S120,000 $120,000 GOVT REVENUE IN -KIND SERVICES Sri $5,000 $10,000 $0 110 $15,000 IN -KIND GOODS $5,000 SO b0 bG so $5,000 $40,000 PARTICIPANTS $40,000 $C $� $2,500 $0 $0 $2,SOU CONCESSIONS $0 $0 $0 $0 $0 OTHER INCOME S0 $1,500 $9,500 MEETING FOOD COST $8,000 TOTAL REVENUE $65,000 $20.000 $5,000 .x120,000 $210,000 EXPENSE SALARIES $10,000 $5.000 $0 510,000 $25,000 BENEFITS $1,400 $700 $0 $0 30 $1,100 $2,100 $2,700 PAYROLL TAXES $1,100 $13,000 $500 $1,000 �C $8,500 $15,500 PRCH SERVICE O ;,&,000 $500 $0 $0 $8,500 SUPPLIES $0 $0 so $2,500 $2,500 TELEPHONE POSTAGE/SHIPPING $500 b0 SO $2,400 $2,900 OCCUPANCYIPERMITS $300 so b0 $0 $0 $1,000 $300 $2,000 EQUIPMENT /SUPPLIES $1,000 $4,000 $0 $10,000 $0 $89,000 $103,000 PRINT/ PROINAO /ADVT. $1,500 $1,500 $0 $1,000 S4,000 STAFFNOLUNTEER EXP. $0 b0 $1,500 $9,500 MEETING FOOD COST $8,000 $0 $0 $5,000 $8,000 CELEBRITY FEES $3,000 $0 $0 $C $6,000 EQUIPMENT RENTALS $6,000 $2,500 $2,500 $5,000 $0 $10,000 OTHER EXPENSE $7,500 52,500 10 $0 $10,000 AWARDS TOTAL EXPENSES $80,800 $24,200 $5,000 $120,000 $210,000 FESTIVAL NET :4,200 (34,200) $p $o $o AGENDA/ E No. /IQ /? I FEB 1 1 1997 11 Pg.- fig ♦ �l 14 .a .. � 111. \: f Y• t,,• r`S • 1 � , of •.' •s1 t * • ••1 �a� _ -1•I . . f i I t7, tl y1 a _ •, 1 a ; f �. !_ 1 Lr %, r '. / t b f y 1 .`r• < <'. to = =`,: I'a'�i�: -� L, f f7 IVA of Lt � Y Y,Y Mr 8 E 2 David F. nice, Chairman 1997 Marco island Sports Festival As a collegian, David participated in football, basketball, and track. An academic Cum Laude graduate, he was elected to "Who's Who In Aniericnn Colleges and Universities ". Upon graduation, he signed as a free agent with the New York Titans of the American Football League. Beginning his career at Greenwich Connecticut High School, he served at various times as coach of football, basketball, track and gymnastics A college coaching career began with a short stay at Columbia University foilowed by his appointment as Head Football Coach at Western Connecticut State University, becoming the youngest head coach in America. Recruited four years later by Fordham University as Head Football Coach, he was named the University's 35th Coach. During his tenure, he was honored as Coach of the Year and received the Iron Major Frophy. Upon his retirement as coach, his Won /Loss record ranked third behind the legendary Jim Crowley, one of the Four Horsemen of Notre Darne and Frank Cavanaugh, the Iron Major. Mr. Rice was named Director of Intercollegiate Aihletics immediately following his retirement from coaching, becoming the youngest Athletic Director in NCAA Division I. He served as President of the Metropolitan Association of Athletic Directors, co- founded the Metro Atlantic Athletic Conference, served as Director of the National Invitational Basketball Tournament (NIT), was a member of the Madison Square Garden Holiday Festival Committee, and on the Advisory Board of the Meadowlands Arena (NY Giants' Stadium). He became a full -time Collier County resident on Marco Island in 1987 and is the owner of Total Home Services, a property management company, and the Eagle Group - a Real Estate Company. Dave recently ended his term as president of the Marco Island Kiwanis, is currently Chairman of the Christmas island Style Committee, is serving on the Marco Island Area Chamber of Commerce Board, and is on the Community Bank Advisory Board. AGENDA ITE t I FEB 11 1 1997 8 E 2 Richard Broderick Sports Festival Chairman EmE;ritus Mr. Broderick was one of the Co- Chairs of the Inaugural Festival and continues to be a driving force for the on -going operation of the Festival. Dick will be actively seeking the much needed Major Sponsorships using his wealth of contacts from his long and successful business career. Broderick recently retired from a stellar career in the American Music industry at both RCA and MCA records. He has authored four books, is the past - president of the Music Industry Educators Association and a paEt Chair of the Country 'viusic Association. He recently served as director cf the Music, BUSir!P.sS and Technology program at New York University and has lectured at various vDileges and business conventions. Dick served as President/CEO of his own company and has served as a marketing consultant to Longines and J`!C. At RCA he served as international advertising manager and intemational rrmarketing director. At N1'C/A he was VP of Decca and Coral Reco, ds. Mr. Broderick was also on the founding board of the Country Music Hall of Fame. Dick authored Jesus Christ Superstar Rock Opera (Hawthorne); New York Times 100 Great songs, (Quadrangle) ; New York Times Great Latin Songs, (Quadrangle); and the Better Homes and Gardens Family Song Book, (Meredith). in the 1950's, Broderick was editor and publisher of Roller Derby News, and 8 -page tabloid with a peak circulation of 110,000. Although retired, Dick continues to write a sports column for the Marra Island Eagle, a publication of the New York Times. He also does broadcasts for WODX -1480. Dick and his wife Mary have six children and twelve grandchildren. Dick and Mary are full -time residents of Marco Island. i — AGEryDA.IITEV E B ! 1 1997 8 E 2 Lucinda "Cindy" Love, Business Operations Manager Marco island YMCA While working in the Business Office at Indiana University for five years, Ms. Love also managed and coordinated sports programs at a nearby campground. She noved to Naples to operate a successful automotive parts store. There, she managed the finances of the establishment as well as hiring and recruiting staff. She sold out her portion of the business and joined the Marco Is!and YMCA Staff Leadership as Office Manager /Administrative Assistant nearly three years ago. Cindy had an immediate impact on the level of operations at the YMCA. Starting with an archaic "by hand" accounting and record - kaeoii rg system, she investigated compu?er software options and took the Y into the 20th century. Most of the YRACA's "back. office" functions are now using some of the finest "off the shelf' software. This brought the Y's financial reporting to a new level, one that Board Members could trust and believe. During a recent period in hpr work with the Y, she filled the role of "Interim Director", skillfully handling the day -to -day operations and managing staff, enabled the Board of Directors to focus their efforts on a search for a new CEO. She continues to recruit, hire and supervise the customer service staff for the Y. Cindy is also a Leader in the YMCA's efforts to fund raise. She provides timely and accurate reports, skillfully matches solicitors and donors. and relentlessly fo!lows up with the Volunteers to ensure the maximum return for the Y. Ms. love is also one of the Island's finest Special Event Coordinators, calmly pulling together loose ends in marry of the Y's eight annual functions, including the 'Taste of Marco ". Recently, Ms. Love began her quest for YMCA Professional Director certification. She recently attended an intense week -long training seminar in Tampa - "Principles and Practices ". Her achievement of this goal will bring her into the upper echelon of YMCA Professionals in Florida and the South Field. AGENDA I E 11 No._ — ./J FEB ' 1 1997 8 E 2� Don Clark, Executive Director /CEO Marco island YMCA For over 17 years, Mr. Clark has been serving local communities in his career with the YMCA. In his first professional position, he built his local Youth Sports leagues into a model for all other YMCAs in the area. The program grew so rapidly that many additional venues had to be found to be able to serve all the kids who wanted to play. Shortly after accepting a promotion to Branch Executive at another Unit of the Cleveland (Ohio) YMCA, Mr. Claris took the run -down, empty full- facilihj YMCA and turned it into a perennial surplus producing YMCA.. Sports leagues were a part of this success, but more importantly, Clark renewed the interest of the local community in the need for the Y and its services. While serving in that position, Mr. Clark worked closely with the newly -named Director of the. Greater Cleveland Corporate Challenge, sponsored by the YMCA. He conducted the largest and most captivating event - -the TUG OF WAR —that first year as well assisting other event directors in the Basketball Shootinc Belay and the 6x50 Shuttle Relay. The Corporate Challenge consists of 18 events and is enjoyed by over 4500 participants each year. In the infancy of ttie event, Clark helped obtain one of the Major Sponsors that works with this program still. After two successful years in the position of Corporate Executive in the Cleveland Association, he began to look for an opportunity to head south. In March of this year, Mr. Clark accepted the position of Executive Director /CEO of the Marco Island YMCA. In the short time he has served in this position, the Marco Island YMCA has begun a dramatic turn to a stronger fiscal position,. Mr. Claris knows that this change would not have been possible without the support of the many strong volunteers on the YMCA Board. Don thoroughly enjoys the quality of life that Collier County has to offer, and has recently purchased a home on Marco Island where he will live with his wife Sue and their soon- to- be -bom baby. AGEN�A ITE' No. F E 6 ? 1 119/97 pg. `7'7 4 r r. r. ••tt ., .r t p f `ll 1 r '' 1• r~ El~v ••. 'j ,J. r. y ;. 1997 Marco .'1a < Sports Festilwi %landn1-• t >; L SUPPORTJ OTHER INF! •,'��ti "1i�r t L. &� 4 r r. r. ••tt ., .r t p f `ll 1 r ay 'j ,J. 1 , ;. .'1a %landn1-• I, •,'��ti "1i�r &� -ETTERS R M ATILO N ,t L1.:� •F Ih'i. t Y� 1 4 r r. r. ••tt ., .r t p f 8 E 2 October 31, i 996 Don Clack Marco Island YMC A PO Box 2529 Marco Island. FI, 33969 Dear Don i understaad the, Marco Island YMCA may host the A.da; -;0 Island Sports Festival '97 Congratulations I think you would do a great jnb with this for several reasons 1. your expertise and experience. As a seasoned YMCA prof-sslonzi, you hose proven you can bring community groups, volunteers. and staff towether to hose special events. I have noted your successes in Clevelacc', and now in Marco 2. your staff. You have a great staff team who do the t�ehind the scenes work for severai special events every year. Their attention to detail is oartstandir:g s. your volunteers. You have a dedicated and talented board of directors. I am sure they could provide leadership, contacts, and community work to makc any n-ent a success. 4. your local YMCA Your organization continues to be an important part of the Marco Island community. 5. your national organization. The YNICA has been a leader in sports for more than 150 years. In fact, we are currently a member of the United States Olympic Cotnmittce. I can pledge my support, as well as the support of il.e national YMCA, to help you in this endeavor. Please feel free to have people contact me as a reference for the YMCA hosting the Marco Island Sports Festival `97. My telephone number is (800) 303 -9622 Sincerely, Tom Massey Senior Consultant YMCA of the USA No. E/ IV A L� FEB 1 1 1997 pg._�� -. -` \J —` CHERYL I'ERV,,%WA E�c �/ i -Joe Editor EE F��. tiEENUnIArE E z .... . T._I-, .. ,.. nALE t\INILER V-L! I n T, i, t '• ClrcuLtucn ,`Ltn qcr I'h�8 _ ,ART CRU•.wAlr, Editorial YMCA continues leadership role The Marco Island YMCA is to be com- mended for agreeing to fill the gap left by the sudden departure of one of the co-founders of the Marco Island Sports Festival. By tak- ing on the responsibility for the second ; annual Sports Fest, the YMCA Board of Directors is not only continuing its impor- tant leadership position on Marro Island, but it is helping all of us get through the summer doldrums. To be sure, Marco Island is growing and the summer off - season is becoming more Lively each passing year, but the Sports Festival offers many opportunities for all Ls' -Ass both m:rmtkx-al and bLL,4N-_3s rebf* That the island is capable of sustaining such an event during the summer is an indica- don of the increasingly fertile ground which Marco Island is becoming. But the Sports Festival can't happen in a vacuum, and the YMCA directors can't do it alone. They and die hundreds of volun- teers will need the help and enthusiastic support of all of us to rnake next year's fes- tival a success. It is also important that the questions which continue to surround the first Sports Fest's accounting activities not be used to withhold support from the YMCA or next year's evert. E 2 r AGENDA ITEM No._ap / FEE B ' 11'/7199? ,A Busy FiRsT DAY 01'CONIPETITIO. Over 1,26:0 Co»ipetitnrs took part in Saturday's events. Ay flpiAM V7KIM i" 7- 'Ante, If hat o,- g.trizers already are planning to make an +_anual event. the !n. auvi ral Marco Isiand Sperts Festival licked 0r1 the games pordnr. of the Festival Saturday. Eleven of the 1; •,erts bean competition. and while the Fes- tival experienced some rirst- year gIttches, a large number of late registrants virtually assures r estt,a! orsanizers of roaching their goal of 1 fi to 2.rXi0 parttc ipantt. Abxout 1,200 people competed Saturday, said Festival co-chair )Iichsicl Coleman, who estimat- ed tr_at another 600 will paruci- pat, in the triathlon, cycling and agip-essive in-line skating events arhe ii !!ci for today. "1'm ccnvaaed we re. going to have thr 1 YC :hat we were shooting fc•r, and 1 trimk that when ware done it's going b; be closer v: l.v people," Coleman said. Glitches inclu.ied the d?lay of the aggressive in -!ine s:aucg competition i,- vii tnday. the "vent oruonafi! was scheduled for Saturday, but rain, on Friday pushed r)aci const-uc' ton or the sks:ing ramps, delayinF the event by a day. Skaters, ho«- i ever were allowed to practice for fYce on ramps that were rin- ished. As for events that were min. Cape Coral High School's `tact Williams, who graduated to June. vror the Marco Mile The mi!e originally was to be an rrvitational that featured the top two male and female ran - ners from each Collier Count High School. The Festival. ho,' ever, was I.te in getting \kord out to Collier bigh schools. Said event chairman Joe Klima; �We're already making plans for neat year to make the race See FESTIVAL Fage 9G' Winn er Katlna Salafatinos crosses the In[sh line Just ahead of Monica Cousins during the Marco island Sports Festival's Women', flvo mile Irr;ine rare Saturday at the key Marto subdivision. Former Boston Celtic N.C. Jones listens to his son K.C. Jones Jr. as the pair participete in the basketball challenge Saturday durinf; the Marco Island Sports Festival at Frank E. Macklo Pari.. Stcry. 5C. Steven boo s /Slat" Scholar athlete 8 E 21 sor, reir for -Nap If j Dailt; 'il' ;u 1; MARCO ISUND SPORTS FESTIVAL K.�. Jones played in- a much simpler time Ry BPIAN ET i kIk MARCO ISLAND — K.C. Jones uo:::d find it difficult coaching or playing in today s N2 A. J,nrs uho led the Boston Ce! tics to (,ko NBA championships and fo•;r Finals appearances in the mid?/Js. has not changed much. The garne has. however, bearing little resemblance to the league that user; to revol-e around wirining. but now is driv. en hs dollars — and plen!y of them " T::e guys are making so much money. they're all losing their hunger." Jones said before Sat urdac s Nlarco Island Sports Festival sport, celebrities din - her at the Radisson Reach Re sort. "It's just greed." Jones played for the Celtics in n ;imp ler time Simple in that the Celtics wort the NBA title eight of Jones sine seasons, es- tablishing what still stands as prc.fcisicnai sports greatest dy- nW% The secret cf those CEltic teems that oiaye , for Red Auer- back -- other than the 1a1,!r is of Rill Russell. Bob Cousy. Jones and Bill Sharman. ' We had s.ich g. *ea; chemistry," said J�res. a Hall or Famet and fr,rmer par, time Marco resident. Players on other ea ms uouh: get down on their team- mates after they made a rnis ta!te. We encouraged and :.uppored our players. And Bit! Russell had such a fantast ;c pas- sion for winning ba!' yarnes Sometimes that is rmss;ng in to- day's lame. You have- tearnmates >el!mr, at ears other for rnaking a mistake W cn that happens nu lose those two players for the game, and yru're ouinun-, tiered by two " Jones felt outnumbered much of his life, growing up in the town of Taylor. and later Corpus Christi, deep in the heart ofJirn Crow Texas, where the races were separated by law and cus- lom. A childhood spent watching mos-ies in "colored" balconies r":hc Crow's Nest "i and sitting in the hack of the bus contrib- uted to Jones' low key nature. and early lack or self esteem .I was angry,' said :ones, %%Lose father v.alked out on h.s family "qty self esteem took a beating You accept it becau,c there s nothing you can do about it. Even though you Don't like :1_ v: hat. a,e 0 going to do Ho .% ahoct lake a train to yap Francisco, .here Jon— a''end cd high school. ,-rla%irg bas::,-; hall and football Although a tandout in bot'i sports college scouts beiie:ed hc: lacked the Skills to compete at the nekt le'. el but Nfildrrd Smith .)ones high srhriel hi,Mry teach, :r. bt• Fan tr I,bhy 1 -a -d for him v.ith the.,cswLs who ran the I :ntser of San Francisco £sentuail.:. Jsr,e, recened a basketball so fir) arship Gi San Franc:sc,, where he and Kussell won .,', conscruttve games to- Xether, back -lo back natonai championships and an Olympir gold medai Russell and Jones tenth were drafted t;, the ('epic, rut at though Jones was a respec!e,l �!efenssvr perferrer and tough player (he once played an NCA_\ game with a ruotured appendix;, he was convinced -,e wasn t ;end enough on r Are nse :o cut it Festival: Williams wins Marco Mile Conrtnued ,`rpm 2C more of an elite went.` Klimas said. "Next year NVe'It get the infer-nation out much ca. rlier.•' -• The Mile was opened up to all Collier County high school runners and at the last moment — one from Cape Coral. Williams. who two hours before the )tile finished third in the Fes - lical's 5- kilometer race, heard about the Mar Mile Saturday morning. asked if he could run it, and %k3, allowed to Join about 20 " othe.. area runners He finished in 4 minutes seconds on a straight course down South Col- lier Bou!evard that was- about PO Yard% -pore than a. mile i Baron Col!:er 3;:nior Jamn William! F..asirrian finished second, chile L•ly jL;mor Ands Ceights took third >leanwhile. l i} grrduatc•d senior Jessica Brov n crossed Lhe !inr•h !me alone with l.cl> freshman Lila Mid hcm in 6.38. St john Neumann sophomore Enta Lombardi was the only other girl to pin On the other side of the island. at Kev )larco residential community. Katina Saiafatinos of Team Skate 200AKc 'ptonics won the women s 13 -o.er division of Lye 5 -mile in -line skating race Sa13fatin.os. 39. of Fort Lauderdale. finished in 18 343 09, edging Monica Cousins of Delray Beach In the men's 13 -over race. Adrian 'A inchell. 45. of Fort Lauderdale. a member of the Speedskaung Times team. wc,n to IF,' ?; 60 Tim Small 4C. a team mate of Winchell s. plaeed second in 11; 33 04 Ruddy Guerra 9 of Hialeah. stn the- chip dren s 125 -mile in line race As for the 5- kr! :>mcter run. , as a ('tan sue ^n for Naples r(—lent, Rot \h infield w„ :he oseraiI men s d!', .;i,, r, it 15 19 Joan Fent!e•s srrn the women s no,is:on in 1000 L, I; High ;r,,cl: and cross col-11-10" char h `lark `,icC ;anty un�9 tic rnr•i s masters dr :tsi „n in . 26 ubile Alarrc Frisk:r,,,l. first :n the u,w .. s n ; ,a. r• GOLF Dobbs: Wins S. 14lorida PGA iii playoff 8 E 2 he op .t.a for another and ;pent tuc •eats :n the grin. V-'hen he cot out ir. 19,M lie pearl} n;ade the Loy y.ngeivs R3M', 31 defensrsc back but Doss nnls liad it half nF.ht fie . recce v. is his ea!!lng -- dill .. sas in basketball. p•�.nts peg ga:;•.e �- �h,ot :n: .. pe -con .%.M he field. fi li,ot ! Jones rarsed out hr ,vn piace in basketball hest. -..,. winning 10 championship rings \; he sits at a table. serenats alkmg about days past. some- one - ,fifers to take a rhampion- ship ring off 'its hands, if he she uid eker siet beck 1,110 r, tch. tn; and stn another. Jrnes houeser. declines the eenercus ins!tation ! have my toes.” Jones sas ssuh a smile. °and my wife cot nne for my nose ring ' TIRE .. , . I . •'at 3 �+ 1i rt t 1 fi i • + Y:'FtAr;,'r��1 ;� *•t.N��j :ti ✓�r�t� i •1i .. 1- .r s �. f.•. ( ( 1 y w '�'1 M'.> �� 7.�t,(r•�y.�F.p -in.rl rt ��: �r}r' i tV,• 4✓Y,r• �1-i 1 s. 1 C +A!`•/LM; j.•a' �j t A� f( J}�•: ! <r! tFlj� ?tom ,,. r r f !. r� "li.' r.[ 1 � ��r�', v t L y'.2 � .�� } earr" :t�` S •;,'♦. 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Y el { .j3 t s"• ' � c _ 1r)y , +r `I't'�i' 4t1.i �'y+� r7y( t y•ti Zs ; � t .t. 6• v -.• - .`, r ✓ �'V•.r� ".rt a s..• / Ly. �f 11: :��'F .ter � J ;' ••i~I".�i�.. 1•r•n► i ( ✓ r. �• �� ♦ t ..r r � 'r 7 It �r L • cam{ Lis��f� r fr Y , .. ��aak! '�'r M� .• ^ it .: ,;..,. ,r •. r r �- t; Y i 3 .` s f.a r� -.`•}, r r ri + •,, "`, f t- t- r r 'r p .. -. .... -._ate ! i....,_da. .- ,'.• MARCO ISLAND SPORTS FESTIVAL ,0 Don Ricci watches the flight of his shot during the Marco Club ttrrtr Sports Festival golf tourney at the Marco Shores Coy Cs on Sunday. Steven Liurj; /Staff Success: Island opened its arms to host weekend of fun, games Conlin ued frog SC were looming some times _. so a lot of tuck was involved." A Festival highlight for the young in -line skating crowd was Collier County`s first ever ag- gressive in -line skating competi- tion, which was held in the Town Center `A.11 parking lot. Tor those who have never seen aggressive in -line skating, the name says it all. Or, a course that consists of different kinds of ramps and bars, young in -line skaters wearing baggy pants and care -free attitudes on their sleeves perform tricks and ma. neuvers to rock music. 1,1 ice skatuie nvv,r wept punit, tILLi Li what it would look like. Jesse Howard, a 15- year -old from NaRles who captains Team RIOT BOOK" , kmpjwi Marco Mood Sperb PON" WW' ooum in 1100 - bd w an of cydnq C* jr1'*M Edgw ps-0, rxinp in d►a aSowr d wdw,. arcs irsvolva4 In a aW* a d WvM Ik rt M two res jor" w�neerR/ s ciao aft — WM a cat and W-Awd ddx '1 wa rs*q M to mWe K M padt.' ps mo tali 'A bw PP wad mvM,t WA t want oft ow OW a SUM" n-kw �FIMI-ad skaa was air w C�m beating more than 50 other skal e rs. Another of veints ewats the � Uni interesting versal Tae Kwon Do & Fitness Center Black Belt Champion- ship at the Idarco Island YMCA., which had the Festival's highest turnout (1911 registrants). TheY came from all over the country because the winners in each of the eight male and female weight divisions get to represent the United States at - Ciitdad de Barcelona," an international Tae Kwon Do championship No- vember in Spain. Better yet, their zirf3re, hotel, a;eals, trans- portation and team uniform all are paid for. The 16 weight - division win- ners: Dennis Lee Stoll of Hilli- ard; Yvonne Marte of Bornton Beach; Javier Baltodano of Mi- ami; Rebecca Peterson of Cape Coral; Angel Aranzam of Ann Arbor, Mich.; Ashley MatsuOi<2 of Savannah, Ga.: William Orel - lana of Miami; Kristen Boyer of Fort Myers; Alex Casanova of Miami; Kelli Dinnison of West- chester, Ohio; Michael Tang of Haverhill, Mass; Patricia Lewis of Fort Myers; Eileen Poulos of SL Petersburg; Patricia Gutier ret of Miami; Eui Young Lee of Brm' /J;n, Minn; and Charles G ibbard of Fort Myers. Cycling at Key Marco residen tial community attracted the second 'highest number of par- ticipants (171). Ralph Clemente of Rest Palm Beach, who fin- ished 34th in this year's U S. Olympic trials, won the united States Cycling Federation (USCF) Pro 1. 2 race, picking up S3`i0. The other cycling winners and their divisions: Stephen Mason of Naples (Citizens /Open); Dan- iel Holt of Bradenton (Category 4,5); Earl Herr)' of Pinellas Park (Masters 45- cver), Gary Gardner of Pembroke Pines (Masters 35- over). Sherri Stedje of Tampa (USCF women); Thomas Medina of Miami (Junior ]0.14); Carlos Prieto of Miami (Junior 15- over). Chris Frederick of Fort Lauder dale (Caiegn o 31. and Fag, - Humbertn Il �^ i! :Z. C rI � 10 I) e 7) 1 \\ inncr> fr,ow t!n Overall male - 1 Scott Col- ton. 4802: 2 Tim L)•ster. 48.34: 3 Jack Burton. 49 53. Overall female - 1 Sara Weaver. 5312. 2 Carol Retter 55.11. Christie Copp. 3948 000 C Tire . ,« a to MM-0 C krrrirional, U.S. c uer VU GalrwtdP* wasn't PW Irrlled to Play• laantlxn et r4 lawn had h•are atwut TA Faathd u; in Gr+MVvft• tPA Qan't nuAza h wu r ftu-erem ktrnstk mll• U.S. a kdw ewrr w eD R" r and "T1 glwAnm look r*r m rq Warn, n- o� I" br="ft b accwm,date tta W -Amwd- Visnsrs befe#. q Pc'�Cr's tan Naples 1 � 1 � cte dtarn�ic� O M'i> 15 -rear -0ld Jam howwo, who won In rgp V=Nt to --&W IL-AN dna wqe, is trdtodcMiE to oe m ESPW A" 17. Ke brtls*,e4 lb ft aft month 0 an Ag VUIV, Sick Serra cen•4atltlurt in W sH !tid DO% was W001n ❑GO Fiwry Curr4 L o! Fort m7t", at ago n, was the Fos"I oldest w- ,etltar. He ran h Saasdry's 5- Idiomrttr rVA. — epw Errw Female Masters - L Mary Ay- hend, 104:33. Mix-,d Teams - 1. Shields. Brugger- Avola, 1:00:40;'2. Franic- Levesque- Jackson 1:02:48: 3. YMCA- Hrycyk.- Moticka 1:08:17. All - Female Teams - 1. The Polish Eagles, 123:30. In beach volleyball, Naples' David Webb, Maggie Alvarez, Perry Behreas, John Joseph, Nancy Joseph and Tim Byrnes of Fort Myers won the 6- player coed volleyball division. Lisa Rynders of Naples teamed with Lisa Rizk and Jennie Bradford to win the women's triples divi. ) sion. Mark Higginson of Naples and Bill Maik of Sarasota won the men's doubles title. Naples tandem Toni Weston and Kim Kaye won the women's doubles open. Toni Weston and Dave Weston then went on to will the open coed title. And the Fort Myers team of Chad Little and Trcy Tanner won the men's double B championship. The golf challenge at Marco Shores Countn Club- had the second - fewest participants (72). Don Ricci (i58). Ron Montgom- en• (172) and Genny Stipo (215) were lo« gross winners in their r(.,S the flights. 9leanwhi)e. Tcd Hcnnins (1431. Bob Aly-in I ;138) and Niary Ann H:;rlcnan k228, w IT 1" I their n t'cc'ti`Tle U.S. llul�J�r wort the softball tournamen at Winter rry R�1 Field. defeat- ing Por s or jo'�e} �19S�he champilship. Erik f�i arlsonofaps swept I all fi�•ets"fecrrsurrFist►•racas..L No. FEB 1 1 1997 rti•��. 8 E 2 MARCO ISLAND SPORTS FESTIVAL - 1997 25 -On -96 CONSOLIDATED OPERATING FORECAST PROJECT`- EVENTS MAJOR DONATIONS OTHER REVENUES TOTAL REVENUE ,,POI., JRS S FUNDRA;SING 50 SC $2.50d SO 00 MAJOR SPONSORS $C $10,000 $0 fC $110,00,000 $15.000 EVENT SPONSORS $15,000 $G $0 $'d 50 $120,000 S120,C00 GO'vi RF-VENUE !N -KIND SERVICES $0 $5.000 $10.000 $0 $0 $15.000 IN -KIND GOODS $5,000 $0 aG So 5o $5,000 $40,000 PARTICIPAt1TS =140,000 I10 $0 .'id 02 500 $0 $2.S;T0 CONCESSIONS SO $0 b� so OTHER INCOME SO c0 TOTAL REVENUE ^ v 565,000 Y $20,000 55.000 $120.000 $210,000 EXPENSE SALARIES $10,000 $5,000 SG 516.000 $25,000 BENEFITS $1,x00 $700 50 50 $2,100 PA.YROLLTAXES $1,100 $500 a0 $1,100 $2,700 PURCH SERVICE $8,000 $1,000 SO $6,500 $15,500 SUPPLIES $6.000 $500 $0 Sr $6,500 TELEPHONE $0 $0 $0 $2,500 $2,500 POSTAGE/SHIPPING 5500 $0 $0 $2,400 $2,900 OCCUPANCY,'PERMITS w300 $0 $0 $0 5300 EQU!PMENT/aUPPI_IES $1,000 $0 $0 $1,000 $2,000 PRINT/ PROMO /ADVT. $4,000 $10,000 $0 $89,000 $103,000 STAFFA /OLUNTEER EXP. $1,50() $1,500 50 $1,000 $4,000 MEETING FOOD COST $8,000 $0 $0 $1,500 $9,500 CELEBRITY FEES $3,000 $o $0 $5,000 $8,000 EQUIPMENT RENTALS $6,000 50 So $6,000 OTHER EXPENSE $2,500 $2,500 $5,000 $0 $10,000 AWARDS $7,500 $2.500 $0 $0 $10.000 TOTAL EXPENSES $60,800 ` $24 200 55,000 $120,000 $210.000 FESTIVAL NET - - - - - -- $4.200' - - - - -- ($4,200) 5o so s0 No. FEB 1 1 1997 rti•��. IOA RESOLUTION NO. 97 -73 A RESOLUTION RATIFYING THE AFPOINT1Vl'.EN'T OF, APPOINTING OR REAPPOINTING OF MEMBERJS TO THE DISASTER RECOVERY TASK FORCE. WHEREAS, Collier County Ordinance No. 93 -20, established the Collier County Disaster Recovery Task Force for the purpose of taking reasonable action to guide redevelopment act,vities during the response and recovery period following major cmergencies such as tropical storms and hurricanes in accordance with objective 13.3 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan; and WHEREAS, the Disaster Recovery Task Force committee consists of twenty -six (26) individuals that reflect a broad -based representation of community interests, including liaison members appointed by private agencies; and WHEREAS, there are currently nine (9) vacancies on this Beard; and 1,MEREAS, the staff of Collier County has provided the Board of County Commissioners witl a list of narncs for appointment and ratification; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following members are hereby ratified for appointment, appointed, or reappointed to the Disaste- Recovery 'i ask Force: M92 01M)"W41=411=0 WU Chris Christianson Reappointment as the City of Naples Liaison ratified ,Mike Davis Appointed as the Collier County Planning Commission Liaison Stephen Ladd Reappointment as the Big Cypress Basin Liaison ratified James Landrum Reappointment as the Everglades City Liaison ratified Kevin Lilly Appointment as the Property Appraiser Liaison Robert Schubring Reappointment as the Building Industry Liaison Tom Storrar Reappointment as the Collier County Sheriff liaison Daniel Trescott Reappointment as the Southwest Florida Regional Planning Council Liaison ratified The terms of appointment of the above- listed members shall be for four (4) yeas, said terms to expire on September 21, 2000. BE IT FURTHER RESOLVED that Ed Perico is hereby appointed to fulfill the remainder of the vacant term, said term to expire on September 21, 1997. This Resolution adopted after motion, second and majority vote. DATED: February 11, 1997 A17EST: DWIGHT E BROCK, CLERK Approved as to form and legal sufficiency: L�'4g.SSd \ David C. Weigel County Attorney DC W/kn 10A BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA /Azay: , r� TIMOTHY . I- ANCOCK, CHAIRMAN +s psi+ �i'• crtt. �ls•'► Vt' �.'i.'��Cs +�'s"rwb,M�'- .�'. :i7. !. . '!i ^it it ��1't7t ew..�r .t..'!r • ` ,-. .. ••�j �.,fi•Y•'�•�. .., +rC .- !•�'.tK ''. 2t :yL�u'C,• :si�. •s.I:�.i +.+!•:.;. .Y.'. ,!2fi ,�� Collier Canty, Florida ~ RE EST FOR LEGAL ADVERTISING Of MJOLIC NEARINCS To: Clerk to the R.oard: Please place the following as a: jxAW MOrwal legal Advertiseaaent 4= Other: isplay Adv., location, etc.) .l \ !��Originating Dept/Div: Con. Dev.Serv- /Gtxrent Manning Person: � Date: � fib" ,-. _ - _ • (Sign clearly) rPetition No. (If none, give brief description):_ CO` -96 -5 ♦..M- ...........MN..w.HM .- M.. NfN. M1.«. N11... HNS�w. fM ..- «H•s.....H+....ff.t......... H..Hw.H.....��.. �.v• ► -t; r• Maee add e:s)• partnp -, Tn1.1gat•p Crxrme.rcial Center Partnership Tero J. Spagna, Fla. Urban Institute,Inc. 3850 27th Ave.SW. Naples,Fla. 34117 Mane t Address cf any persons) :_ be notified by Clerk's Offict.3) See attached for Additional Nofication (if more space :xeded, attach sca-ate sheet) Nearing before: ITT r T 8 Z 0 Other _'• M + H............... fierx.ested hearing date ti Basedonadvertiserent apy_2rir•� days• before• hearing. Mews Capers) to be use-:j: (C.rsrple,e only if irpertant '[E -7, Lr)UT7 Na ples Daily He -s or legally required r—i) l-7 Other H..... «......... N«.�...._....... N.. N « « «....... N H. H.++...«........+.... H ........... ........................«...... Substantial Deviation Protxaed Text: (Irrlude legal description t comaon location i size) :_��r� -96 -5. - (See attached Resolution) Cr,mpanion petition(s), if any, t proposed hearing date:— _ Does Petition Fee ;nclvS- Adeertisinig Cost? Yes a2n No 1-7 If ye:• %kal wxrtin; s•ajlcl be d:arged for advertising cants: 113 - 1,:3312- 649100 P.O. #700012 N..+ v-► �. N.-..... .-. N..»..»...- r+ �-...-..,.«.«.....«..-...,.._ N. v,. s... ..-... rr ....- ..., «._,.....e,...... -..-. a..•....a.- ...r.�.�.. «H. Reyi eyed by: Ap prc, -d by: 9;vision Ned y7 -pate� Ccurtty List AttscAmrnts:(t) (2) ..« ..w. «. N! a- .- ..+......�. f..�.. -. w.. «-t.4 «..1.1 «..1. V.1w«. NlH+1 -.-n. Y.o .- T. «- .flns•YC+ -..... fN ..... M.... ..+......... H.. -r+... DISTRIB4 I(7M IWSIZXTi?;!S A. For hearings before 8C`1- tx GZA: InitiatirYJ person to coaplete orv- cnp( and obYa;n Division NcaJ apprOW( before submaittiry to County Vxrge ^_ MOTIF: If legal docsanent is ire + nivecf - b_�Lra tivt arry nc_essaL) tegof rr.icv• or newest for �a�e is ut�viT_ed to Coent�Attorney txfore sxhoittina to Ccsn ltaraar- the Wwrler•s Office will .e+f.•4��t.distribne copies: County K--,o r agerYy file; /_7 Requesting Divisio.n ' ^' 1' —T Original .o Clrrt's Office '^Y� mfr •'�i,!a,.: � e s;004er haa�rinas- Initiatim Division Newel to aoc+rove and submit orinirsal to [lr+t•s OFfict. retain "srw a cxrr for f;le_ 12C 1 1) Mr. Steven Atkins, Planner Development of Regional In act Section State of Florida Department of Ccrimunity Affairs 2740 Centerview Drive Tallashassee, Florida 32399 2) yr— Daniel Tescot.t D ?= Coordinator sic PC P.C. Box. 3455 N. =t. Myers, FL 33918 -3453 1 I 12C 1 RESOLUTION NO. 97 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COU14TY DETERI4INING THAT REVISIONS TO THE TOLL GATE COMMERCIAL CENTER DEVELOPMENT ORDER 97 -2 DO NOT CONSTITT'TE A SUBSTPNTIA.L DEVIATION REQUIRING FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW. WHEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 84 - -1 (the Development Order) on January 17, 1984, which approved a Development of Regional Impact (DRI) known as the Toll Gate Commercial Center; and WHEREAS, Section 380.06 (19) (f) 2 , Fl or.i-d4 Ltatutes , requires that proposed changes to a previously approved Development of Regional Impact (DRI) be submitted by the developer to the local government, the regional planning council, and the state land planning agency; and WHEREAS, submittal of the proposed changes was made to the appropriate public authorities; and WHEREAS, Section 320.06(19) (f) 5;�lq_r33S *atu *mss, requires that the local government shall determine whether_ or not the nropcsed change to the Frevicusly approved 0,RI development order constitutes a substantial deviation requiring further Development .- of- Rc-giornai- Impact review; and WHEREAS, the Board of County CommissJoners of Collier County has reviewed and considered the report and recommendations of the Southwest Florida Regional Planr.inq Council (SWFRPC) and 'the Collier County Planning Commission and held on February 1i, 1997 a public hearing on the petition; NOW, THEREFORE, BE IT RESOLVED by the Board of Coijnty Commissioners of Collier Country, Florida that; 12C 1 The proposed revisions to the Toll Gate Center Development Order 84 -1, as amended, as described by the amended Development Order 97 -2, Resolution No. 97 -<> noted as Exhibit "A" and hereto made a part of this resolution do not constitute a substantial deviation requiring further Development of Regional Impact. review. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Commissioner — — —_ -` - - -- -- offered the foregoing Resolution and moved for its adoption, seconded by Commissioner and upon roll call, the vote was: AYES: NAYS: ABSFNT AND NOT VOTING: ABSTENTION: Done this day of 1997. BOARD OF COUNTY C01e4ISSIONEP.S COLLIER COUNTY, FLORIDA BY: CHAIRMAN ATTEST : DWIGHT E. BROCK, CLERK APPROVED AS TO tOP-M PND LEGAL SUFFICIENCY: MARJORAE M. STUDENT ASSISTANT COUNTY ATTORNEY DO 97- 2/19069 12 DEVELOPMENT ORDER 97 - -__ RESOLUTION NL'23EP, 97- A RESOLUTION AMENDING DEVELOPMENT OVJOER 84 -1, AS AMENDED, FOR THE TOLL GATE: COMMERCIAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI), BY PROVIDING FOR: SECTION ONE, AMENDING THE DATE THAT THE DEVELOPMENT ORDER RD AINS III EFFECT BY PROVIDING FOR ITS EXTENSION; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA ZdID EFFECTIVE DA'T'E: WHEREAS, the Board of County Commissioners of Collier County, Florida approved Development Order 84• -1 as amended (the Development Order) on January 17, 1984. which approved a Development of Regional Impact (DRI) known as the Toll Gate Commercial Center; and W'.sEREAS, the Board of County Commissioners approved Resolution Number 92 -222 and Resolution Number 92 -100 which amended the Toll Gate Commercial Center Development Order, on April 7, 1997 and February 11, I i 1992 respectively; and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part of the Development Order; and WHEREAS, the real property which is the subject of the Devil - opponent Order is legally described and set forth in Exhibit "A" to the Development Order; and WHEREAS, the owners of the DRI property desire to extend the time that the development order remains in effect; and WHEREAS, Dr. Neno J. Spagna of the Florida Urban Institute, Inc., representing Ashy M. Papineau, Partner, Tollgate Commercial Center Partnership, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and has; held a public hearing on the petition on January 16, 1997; and Words underlined- are additions; Words str ^'��= are deletions. WHEREAS, the Board of County Commissioners Of Collier C:Ounty has reviewed and considered the reports of the, SWFRPC and the Collier County Planning Commission and has held it public hearing on the Petition 0:1 February 11, 1997; NOW, THEREFORE, BE IT RESOLVED By THE BOARD OF COUN'T'Y COMMISSION17RS OF COLLIER COUNTY, FLORIDA THAT. SECTION ONE___ MFdiMFNT 0F�F�E PME* T CRDEP, That Section 7 of Development Order 34 -1 as amended by Resolution 92-100 for the Toll Gate Commercial Center is hereby further amended to read as follows; That t'.his Order shall re main in effect u.1ti.1 �iE3REi' 3; 199��a�pb�3 30�• development C� � qfl activity wherein p1ar,s have y submitted to the County for its revie, and approval prior to the expiration date of this Order, m:ey be completed, if approved, This Order may be e;:tended by the Board of County Commissionet-s on the finding of excusable delay in any proposed development activity, ECTIQh 1WO__ FIt7fI 1 GF_ FACT A. Th -it the real Property which is the subject of this amendment petition is legally described as ^Ft forth in Exhibit n attached hereto and by reference made a part thereof. , B• The application is in accordance wi1.h Section 380,06(19), Florida Statutes. C. The develooment Of Toll Gate CO¢tmercial Center on 100.24 acres of land is for commercial, industrial and residential tourist uses. D. The requested amendment to the previc.isly approved Development Order is consistent with th,e report and review. of the SWFRPC. E. A comprehensive review of the impact generated by the requested amendment has been conducted by the County's departments and the SWFRPC. Words unde ---r —1 i=ne�! are additions • Words �.e� arP deletions. _2_ -� r l2C 1 �+s+ F. The development is not in an area designated an Area of Critical State Concern pursuant t,) the provisions of Sec 380.06, Florida Statutes, Section as amended. E: CONC US ON OF LAW A. The re rested PONN amendment of the previously approved Development Order is consisten• with the report. and recommendations of the SWFRpC, B• The proposed amerrdme nt to the previously approved Development " Order will not unreasonably interfere with tae achievement o the objectives Of the f adopted State Land Development Plan e•pp.licab.le to the area. C. The prapcsed amendment to the Previously approved Development Order is cor,sis t en with the ='+ G;rowth Management plan and the L Collier �bunty ,.. Land Developrr.ent kegulaticns adopted pursuant thereto. D. The proposed amendment to the previously approved Development vOrder is consistent with the State Comprehensive plan TRANSMITTAL TO DCA. 1 �. L tip uEVE °_C)pME`1T ORDEF< f,Sa� A.tJD F__FEC_TI'✓E _DATE • A • Except z.s amended hereby, Development Order 84 -1 shall remain in ful] force and effect, binding in accordance with its terms on all parities thereto. Th'.s amended Order Development shall take precedence over all other applicable Previous and subsequent Development Orders which are in conflict thereof. B. Copies of this Development Order shall he transmitted immediately upon execution to the Department Affairs Of Community Bureau of Land and Water Management, and the 5�utha,_st F1Orida Regional planning Council. C. This Development Order shall take effect' as provided r)y law. Words UncLerUD€. are additions; Words .st �`4vf-,+F4; are deletions. Words y .1j.IIg� are additions; fiords `h are deletions. -4- ^• 1 BE IT FURTHER RESOLVED `hat this MAP; iai.nute s of this Board. Resolutior, be recorded in the Commissioner '• L"` • �>.._� - --- - — _-- - Resolution and - - - -- - - - -- _ offered t he foregoing moved for its adoption, , � seconded by commissioner ;L `-- '---- ---- -- ano upo» .AYES roli call i the vote Was: NAYS: �k ABSENT AND NOT VOTING: "i0011 ABSTENTION: i Done this - - - - -_ day of t:►t+�r -e _ -_-- __ , 1997. BOARD OF COUNTY cOMMISSIONERS COLLIER COUNTY, FLORIDA BY: — ___ -- ATTESr: CHA RZ M N DWIGHT E. BROCK, CLERK APPROVED AS -- A TO FORM ARD LEGAL SUFFICIENCY: • STUDENT ASSISTANT COUNTY ATT- oRjgEy - DOA --96- 5/113743 Words y .1j.IIg� are additions; fiords `h are deletions. -4- CAI uuu LEGAL DESCRIPTIO1 '} C I Commencing at the southeast corner of Section 35, Township 49 South, Rar,oe 26 East, Collier County, Fiorida: thence along the east line of said Section 35 North 1•- 56' -55" West 200.14 feet to a point on the north right- of-way line of State Road 84 (Alligator Alley); thence along said north right-of -way line, North 89'- 45' -01" West 331.23 feet to a point of intersection of said north right- of-way line of State Road 93 (1- 751, and the POINT OF BEGINNING of the parcel herein described; thence continue along said right-af -way line or State Road 84 IAllicatcr 411ey1 on the following five courses: 1) North 891- 451-01" West 2398.66 feet, 2) South 89•- 56' -16" West 1547.43 feet; 3) North RO•-a3'-58" West 703.38 feet; 4) North 39•- :'-42" West 209.91 feet; 5) North 10•- 24' -33" West 209.94 feet to a point on the East Limited Access, right -of -way line of State Road 93 11-75): thence continue along said Limited Access, right -of -way line of State Road 33 (1-75) on .fie following nine courses: 1) North 3• -'" 52" East 285.34 feet: 21 North 23'- 37-28" East 149.83 feet; 3) North 6"• 12' '_3" East 149,83 feet; 4) North 86. 37 01^ Fast 778.54 fee:; 5) South 37' _:' :2" East 318.82 fee:: 6) South 78•- 4' - ?2" East 319.32 feet; 1) South 74•- 09'-17" East. 1199.30 feet: AI South 73'-'30-33" East 1904.95 feet: 9; southeasterly 233.61 feet along tale arc of a c;rcular curve concave to the ncrtheast, having a radius of 116.2116 fee:, subtende�- by a ch-)rc which bears South 75 "-35'-07" East 2:3.67 feet to the rorth right :f way line of State Road 84 (Allicator Alley!; ant-1 the Point cif Be-,inning of the paree! herein described; being a part of south 1i2. Section 35, Township 49 South, Rance 25 Eas:, Collier County, Flr,rida: subject to easement; and restrictions of record: C an twin i nc 69. "G ecres of land mere or less; bearings are �;a s4- cn „r:La De F'a rtmc nt o'' T ran s;. c r',a t' -,.n r: c cf ; mY -•2^ for State Road 93 (i- ?) ALSO INCLUDING THE FUl_LOWIN r, Description of part of Section 35, Tow,nslvp 49 South, Range 26 East, ant; par; of Section 2, Township 50 Eouth, Rance 25 Eas;, Collier County. Florida !: tFrn� _ :'i : °. 4c' 01' VI';t, :37.23 ftt' r!t �i..s 1:, •_t I;,, ,r so•J Se_, on 2 for n --OiNT OF GEC, NNINC: 0--V So,", 0; 0 ?' 1; E.1-1t, 5i.3: fe_l; ,: en *•. South 23' S7' 41" Yf -sl. x,300.70 fee:; thence cr. a course traversing from said Seclicn 35, South 8S• 56' 02" Wes:. 2,448.74 feet: thence North 4S• 4G' 16" West, 71.58 feet: thence North 01. 20' 34" West, 705.25 feel to the Easterly Limited Access RIW Line of S.R. 951 (Section 03175-2409); thence South 10' 24' 33" East, 209.9- feet: thence South 39. 52' 42" East, 209.91 feet; thence South 80. 43' 58" East, 703.38 feet; thence North 89. 56' 1G" East, 1,51t1.43 fee;; thence South 39• a5' 01" East, 2,393.67 feel to the Southerly Ex;stina Limited Access 8171 Line of S.R. 93 (03175- 2409); thence South 00. 02' 19" East, 200.00 feet to the POINT OF BEGINNING. Less and except the East 100.00 feet thereof. Containing 30.835 acres, more or less. The entire project area Is 100.235 acres. # OF PAGES -3 (including this cover) x IliIiiliilIt iit DlI IIIlt llit ltftt liliit llllli'[IIIIIIIIIIIDIIIIII LOC M=Ox : MAPLES DAILY EM FRY no. 263 -49" - COMYlRHTS : Se : ,?C! ��_1��`...� �u.� � i�X��t ��_z -- �Jl `-�-�� :�.1.c- �.r�..�•,. iiili ttltDlllllllllDIIIII13ti1DIII '�^. � �� Iti�III IIIIIII��IIIIIIIIIIIII, 2G 11 761 1 01 -14 11:47 1 00 °01'59 1 92634864 LK 13 762 1 01-14 12: 05 1 00'01'56 92634864 CK :31 0680008000006A15 763 01 -14 12:12 00°01'53 92634864 3� OK 14 r Late sent: /� /U��_ �i�e sent: ELLiE HOFFMAN - Ml,WrF:S t• RECORDS I Li7C.T.TZON: Collier County Coil xtho!jse. FAX NO: ( 813) 774 --8408 PHONE'NO: (8 13) 774 -8406 2G 11 761 1 01 -14 11:47 1 00 °01'59 1 92634864 LK 13 762 1 01-14 12: 05 1 00'01'56 92634864 CK :31 0680008000006A15 763 01 -14 12:12 00°01'53 92634864 3� OK 14 r Late sent: /� /U��_ �i�e sent: 121 C 1 January 13, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to C'cnsidI.r. E, Substancial Deviation Determination for t.Y_e Toll Cate Cormercial Center Dear Judy: Please advertise the above referenced. notice on Sunday, ,January 25, 1997, and send the Affidavit of Pul->iica.tion, in duplicate, together with charges involved t.c th _s office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order #700012. 12C I NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, FEBRUARY 11, 199%, 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 a request to determine that revisions to the 'Poll Gate Commercial Center Development Order 97 - -2 do not constitute a substantial deviation requiring further Development of Regional Impact Review. 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 verbat'Lu. record of the proceedings, is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Ellie Hoffman, Deputy Clerk (SEAL) 12C 1 January 13, 1997 Ashley M. Papineau, Partner Tollgate Commercial Center Partnership 1165 Clam Court Naples, FL 34102 Re: Public Hearing to Consider a Substantial Deviation Determination for the Toll Gate Commercial Center Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 11, 19`97, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 26, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 12C 1 1 January 13. 1997 Dr. Keno J. SFagna Florida Urban Institute, Inc. 3850 27th Avenue S.W. Naples, FL 34117 Re: Public Hearing to Consider a Substantial Deviation Determination for the Toll Gate Commercial. Center Dear Petitioner: Please be advised that the above referenced petition will be considered by Lhe Board of County Commissioners on Tuesday, February 11, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 26, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 12C 1 January 13, 1.997 Mr. Steven Atkins, Planner Development of Regional Impact Section State of Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399 Re: Public Hearing to Consider a Substantial Deviation Determination for the Toll Gate Conu^ercial Center Dear Mr.. Atkins: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on 'I`aesday, February 11, 1997, as indicated on the enclosed notice. The I egal notice pertaining to this petition will be published in the Naples Daily news on Sunday, January 25, 1997. You are invited to attend this public Learing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 12C I j January 13, 1997 Mr. Steven Atkins Department of Ccrmunity Affairs Division of Resource Planning & Management 2555 Shumard Oak Blvd. Tallahassee, FL 32399 Re: Public Hearing to Consider a Substantial Deviation Determination for the Toll Gate Commercial Center Dear Ms. Atkins: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 11, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be. published in the Naples Daily News on Sunday, January 26. 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure I 2 I January 13, 1997 Mr. Daniel Trescott DRI Coordinator Southwest Florida Regional Planning Council P. U. Box 3455 North Ft. Myers, FL 33918 -3455 Re: Public Hearing to Consider a Subste.ritial Deviation Determination for the Toil Gate Ccmmercia.1 Center Dear Mr. Tresco *_t.: Please be advised that the abcve referenced petition will be considered by the Board of County Commi.ssione:_s on Tuesday, February 11, 1997, as indicated on the enclose =d notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, Ja::uary 26, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure r. r_ Nap'm Daily News Wits, FL 33960 Affidavit of Publication DOARD OF COUNTY CC1S4tISSIONERS FINANCE DEPT. - KATHY ARLOTTA PO BOX 413016 NAPLES FL -.%101 -3016 REFFR,ENCE: 001230 - 700012 57426598 NOTICE 0 PUBLIC PEA State of Florida Cn:mty of Collier Before the undersigned ,authority, personally appeared Nina Iverson, I*s) on oath says that she serves as the Assistant Sscretery of the Naples Dally N~ws, a daily newspaper published ct Naples, in Collier Coeinty, Florida: that the attached copy of advertising vas published in said ntvsv4vr on dates listed. Affient further says that the saki Napler Daily Ntrwe is a nevapapsr puhiiuhed at Naples, in sAid CoM,or Comty, F(orida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each clay and Rai been entered e,s second class nail matter at the post office in Naples, in said Collier County, Fl•.)ride, for o per'od of 1 year next prectdircj the first publication cf the attached copy of advertisement; and affir�t farther says that he '%as neither paid nor promised env person, firm or coporation any discount, rebate, co misjion or refund for the purpose of securing this advertisement for publication in the said newsivtper. PUBLISHED ON: 01/26 AD SPACE: 3.750 INCH FILED ON: 01/27i'97 @2C j PURI.iC NO TICF NOME OF PtSLIC l AXOG NotSre Is hereby 0*.n that fie Baud i d Cm-,S- CwwrA*,vn of CbMw Corxih. wW halldd D ;YNlc bearkq on TUESDAY lin I F"-3mkpy It F;aarp AGtlllr�trat l3011*4, Col. Caurfil G7i2P»rtYEri Cetlttr, 3AI Eml Tomi'l TfOtl, Nt�tlr F1<Yidr� 'i!k Am*- irul V.� ►it n oP 4-iA 4 hti 'r>'>P d vr1G q:1sklN f) rt�uasl to rlttdTrtkte flail m404m k+ iM Torl ^vote I Cowierdol Ca W Oevekipnwit Artier 47.1 do ref cor5tlbfte o xWmU drAt . !Son rwz*irq ft~ Save wmw.% of Re- glorkd (rwKI Rtrykom. 'V {ttereshd WlW. ore krdted to of- tbrrl, i0 relater b ape ad and to uoro ' r 4e4e~..a'!t!` if tAry in V&rq, to im ' claari p to io tiro tirso►(rrs. Arty GtKSan wbo def.ltles to appeal a ti14 ?f1C1S'Mf. V5 xicoft ii; oo, am "mark. a, May noW k Kmre NO 0 var. , b3 ft re=d of IN voo4dlno i, made I whidi retard IncksM U to Rrafly cAtd I evade -mn mw wtdcii ftte `tul ?a Y bow I ROARD r?r COUNTY COMMSISSIONERS COU V' CX#fr" FLORIDA TiMIr HY L. NANLfOCK. CHAIRMAN ( 64i *4 E. BROCX, CLERK 8Y. /s/ Me Holtman, Dtpu1Y Ckf'k 1SEN-t or vary iG NO. Mm -- -------- - -- --- -- --- - -- ------ -- - - -- --------------------- Signature of Affient s L %�� %t-��r ' --'L:Z 'lx") c.` Sworn to and Subscribed toe-!ore we this ll day of �4-11, _ 19J Personally known by as �.,�f (/� . 1 �_al•^� �� Z, C c. C _ J r` c� rAY %otiiFarSSrON M CCSOE7E7 EXpwu February 19, 20170 '• .R:, ^d' 50NMr, T/MU TOV IA* txM.cy0E, INC. 12C- 1 1 RESOLUTION NO. 97 -74 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY DETERMINING THAT REVISIONS TO THE TOLL GATE COMMERCIAL CENTER DEVELOPMENT ORDER 97 -2 DO NOT CONSTITUTE A SUBSTANTIAL DEVIATION REQUIRING FURTHER DEVELOPMENT OF REGIONAL IMPACT REVIEW. ;*iEREAS, the Board of County Commissioners of Collier County, Florida, approved Development Order 8.4 -1 (the Development Order) on January 17, 1984, which approved a. Development of Regional Impact (DRI) known as the Toll Gate Commercial Center; and WI'E:t.E,3S, Srcii.on 380. U6(7.9) (f) 2, kSQCcata�u:es1 requires that proposed changes to a previously approved Development. of Regional Impact (DRI) be submitted by the developer to the local government, the regional planning council., and the state land planning agency; and WHHEME'.AS, submittal of the proposed changes was made to the appropriate public authorities; and WHERFJkS. Section 380.06(19)(f)5, Florida Statutes, requires that the local government shall. determine whether or not the proposed change to the.;previously approved DRI developmen` order constitutes a substantial deviation requiring further. Deve ]opraent•- of- Regional- Impact revie4; and WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and the Collier County Planning Commission and held on February 11, 1997 a public hearing on the petition; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida that: 1 2C - ]. The proposed revisions to the Toll Gate Center Development Order 84 -1, as amended, as described by the amended Development Order 97 -2, Resolution No. 97 -<> noted as Exhibit "A" and hereto made a part of this resolution do not constitute a substantial deviation requiring further Development of Regional Impact rE!View. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Commissioner Norris offered the foregoing ,Resolution and moved for its adoption, seconded by Commissioner Mac'Kie and upon roll call, the vote was: AYES: Commissioter Norris, commi.ssi.onec Nac' ECie, Commissioner Constantine Commissioner Berry and Commissioner Hancock 14AY S : ABSENT AltO NOT VO'T`ING: ABSTENTION: Done this 11 day of ArrEST: DWIGHT E. BROCK, CLERK February , 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, IMOTHY//1. HAPdCOCK, CHAIRMAN i APPRQVED AS TO FORM AND LEGAL SUFFICIENCY: MARJJORUE M. STUDENT ASSISTANT COUNTY ATTORNEY DO 97- 2/19069 ,qaa --We ol,p�i r0��' i�G'/1&7244jef�2� 3301 East Tamiami Trail • Naples, Florida 34112 -4977 John C. Norris (941) 774 -8097 • Fax (941) 774-3602 District 1 Timothy L Hancock, HICP D%strid 2 Tvtx)drf 1. ComUntine District 3 Pamela S. Mac'IG' D'cuirl 4 Barbara B. Berry. District 5 February 11., 1997 .4s . Donna Harris Department of Community Affairs Division of Resource Planning & Management. 2555 5humard Oak Boulevard Tallahassee, FL 32399 Re: Resolution 97 -74 and Developmex)t Order 97- 2 /Resolut -ion 97 -75, for the Toll Gate Commercial Center. Lear Ms. Harris: GOc.11�F I9l4•� Transmitted herewith are certified copies of the above- referenced documents, adopted by the Board of County Commissioners of Collier County, Florida, or. Tuesday, February 11, 1997. very truly yours, DWIGHT E. BROCK, CLERK Ellie Hoffman, Deputy Clerk /eih Enclosures 3301 East Tamiami Trail • Naples, Florida 341124977 (941) 774 -9097 • Fax (941) 774.3602 john C. Plow District 1 Timothy L. Hancock. MCP District 2 Trrnothy f. Conitantine Cistria 3 Pamela I Mac'!ue District 4 Barbara E. Berry District 5 February 11, 1997 Mr. Dan Trescott Southwest Florida Regional. Planning Council P. O. Box 3455 North Ft. Myers, FL 33918 -3455 It 4 HUT Re: Resolution 97 -74 and Development Order 97 -2 /Resolution 97 -75, for the Toll Gate Commercial Center Dear Mr. Trescott: Transmitted herewith are certified copies of the above- referenced documents, adopted by the Board of County Co=nissioners of Collier County, ;?l.orida, on Tuesday, February 31; 1997. Very truly yours, DWIGHT E . BROCr, , CLER1{ Ellie Hoffman, Deputy Clerk /ejh Enclosures To: Clerk to the Board: Collier County, Florida 1 2 V Z IlG_QMST fOR LEGAL ADV"T1S1MG Of PUBLIC HEA;(MGS Please Place the following as a: LE= Wornal Legal idverti%er t Ottwer �(' Aispt,y Adv., txationyM etc.) r' 11M184-S50 Date: — Person 7_ - Originating Dept /Oiv: Cos Dev.Sr*Y.lCurrent Plaminv • ^••Y••-� ^f-. (Sign cl!arly) DOA -96 -5 ---_ - Petition We. (If rx ne, gimme brief description):- MOH« ....................•........ ... .......�.. �•• 1� Ashley M. Papireau, Partner, Tol..c,ar� 'c�In�� rp-- Pctitioner: (Warne L sddr ): 8UE TCaM� Narles, Fla. 33 �� /D?- — ----- Dr Neno .ri0dQna. E1 a I lr }� n Tn t; tT ra T :.r Warne L Address of any persons) :: k notified by Clerk's Office: --- (if 27th AVE.SW (lf wore space needed, a::ach se= .a-ace sheet) L-3 C�-LLu �= ► C ��.� to o ` nc �� .- _ y7 w-�� i J �- Heari before: ?QC� C-7 9ZA Ot!ur_____ -_ - -- n ns � ....+r. .H...H...- .... +<.++. «.+.. -..... ...........,. ICI fi' ....H ................ L ✓' ( days b lore hearing. Reg,e-ste-d hearing dater Qased �� adv!rtis!menc appearing _� i . r ti •.�. ,r,,,..,ler_ only if important J =, /zziCT Waoles �aill Wo Petition No. DOA -96 -5, Dr. Neno J. Spagna of the Florida Urban Institute, Inc., representing Ashley M. Papinedu, Partner, Tollgate Commercial Center Partnership, requesting an amendment to the Toll Gate Commercial Center Development of Regional Impact (DRI) Devel- opment Order 84 -1 as aT.nended for the purpose of extending the time that the development order retrains in effect for the Toll Gate Commercial Center (DRI), located in the southeast quadrant of the Interstate 1.75 and C.R. 951 interchange; in Sect:.en 35, Township 49 South, Range 26 East and Section 2, Township 50 South, Range r 26 East, Collier County, Florida. 1 l i -64 lk� No /_ -7 if y s, vnat ecccu{[ Shoulu I> charged 00-es f•etiticr fee InclWe Ad-- t"S'nl Cost? yes /� for wtov -ti :ins erase:: 113-- !->�31.2-649100 P.0.4700O12 — - - -- 4MM. HQftMI'• r'+ s. �f. T •'freH..HfW. ".'.'HK"Yt.f..Hff•H r. K'IYH Cf fH.. T•v.'n►r. -� M •N�Oif f4.4.. +•'YH,Y..r..H rw ra +..v M•MMtr.NH'. aev.i a ..e. ty: - - - - -- � vi 71 _n Wtati t - .-- .-- _—.__- List Attrchwrnts:(U —� - -- ...........». . GIST IBUT(OW IWSTRtfCTlr7+� A. For heari taefcxe SCX or V_A: Initiating Perm to eosP(ete one c4gr ind obtain Division Head approval before . IfO� if legsl domment is invo(vd. pe s+irc_ ;htt _ eS�_1f'_ ie at review_ elf sa�ittirg to Ca.1ntY Kar+w4 -' s Office will re �t for sa�+e. is su�!r:ec: to Can:Y �ltto?xY_btfore sb�ittirs7 to County Ka�wfer. The na�9t-, distribute coPies: It Ling Divisions; !=`T Cf'iginal to Clt,it's Office l---T Lae{tl' "W'4er ageftja f i Lei t. 4ti.er hearines: 7nitiacirr. Division awmd to acorpvr and st#sait orioirvl to Clerk's Office. reuinirvr cow fa file_ 0 a 1) Kr. Steven Atkins, Planner 12C 2 ' Development of Regioclal l*.- Section State of Florida Department of Community Af airs 2740 Cente.rview Drive Tallashassee, Florida 32399 2) M=_ Daniel Tescott DR.:, Coordinator SryrRFC P.O. Box 3455 2i. ?t. Myers, FL 33918 -3455 12C 2 + DEVELOPMENT ORDER. 97- RESOLUTION NUMBER 97- A RESOLUTION AMF-NDI14G DEVELOPMENT ORDER 84 -1, AS AMENDED, FOR THE TOLL GATE; COMMERCIAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI), BY PROVIDING FOR: SECTION ONE, AMENDING THE DATE THAT THE DEVELOPMENT ORDER REMAINS IN EFFECT BY PROVIDING FOR ITS EXTENSION; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE: WHEREAS, the Board of County Commissioners of Collier County, Florida approved Development Order 84 -1 as amended (the Development Order) on January 17, 1984. which approved a Development of Regional Impact (DRI) known as the Toil Gate Co= „ercial Center; and WHEREAS, the Board of County Commissioners approved Resolution Number 92 -222 and Resolution Number 92 -100 which amended the Toll Gate Commercial Center Development Order, on April 7, 1997 and February 11, 1992 respectively; and WHFREAS, the Application for Development Approval (ADA) was incorporated into and by reference .ade a part of the Development Order; and WHEREAS, the real property which is the subject of the Devil - opponent Order is legally described and set forth In Exhibit "A” to the Development Order; and WIHERE S, the owners of the DP.I property desire ra extend the time that the development order remains in effect; and WHEREAS, Dr. Neno J. Spagna of the Florida Urban Institute, Inc., representing Ashy M. Papineau, Partner, Tollgate Commercial Center. Partnership, petitioned the Board of County Commissioners of Collier County, Florida, tc amend the Development Order; and WHEREAS, the Collier .. unty Planning Commission has reviewed and considered the r ^port and recommendaticns of the Southwest Florida Regional Planning Council (SWFRPC) and has-held a public hearing on the petition on January 16, 1997; and Words Underlined are additions; Words fkt- ruek -three are deletions. -1- 12C 2 WHEREAS, the Board of County Commissioners Of Collier County has reviewed an.3 considered the reports of the SWFRPC and the Collier County Planning Commission and has held a public hearing on the ' petition on February 11, 1997; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: S,_, _'JION ONE: AMENDMENT OF Dr,✓ELOrMEN_Z ORDER That Section 7 of Development Order 84 -1 as amended by Res�,.tution - 92 -100 for the Toll Gate Commercial Center is ii, >_rebv further amended to read as follows: That this Order shall rer„ain in effect until 84't er 3�- �� p?�e��1 3c�t.._2��• Any development activity wherein plans hate been suh;aitted to the County for its review ani a prpval prior to the expiration date of this order, may hr R completed, if approved. This Order may he extended by the Board of County COmuissioners on the finO.ing Of excusable delay in any proposed development activity. FINDINGS OF FP.__t A. That the real property which is the subject of this amendment petition is legally described as set forth in Exhibit attached hereto and by reference made a part thereof. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The development of Toil Gate Commercia1 Center on 100.24 acres of land is for commercial, industrial and residential tourist uses. _f D. The requested amendment to the previously approved Development Order is consistent with the report and review of r the SWFRPC. E. A comprehensive review of the impact generated by the requested amendment has been conducted by the County's departments and the SWFRPC. Words underlined are additions; Words viz .vnreft are deletions. -2- 12C 2 D. The proposed amendment to the previously approved Development r-- Order is consistent with the State Comprehensive Plan. SECTION FOUR• EFFECT OF REVIOUSIY ISSUED DEVELOPMEt;T ORDER rS)� TFANSMITTAL TO DCA AND EFFECTIVE DATE; A. Except as amended hereby, Development Order 84 -1 shall remain :_. in full force and effect, binding in accordance with its terms on all parities thereto. This amended Development Order shall take precedence over all other applicable previous and subsequent Development Orders which are in conflict thereof. B. Copies of this Development Order __ shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and water Management, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. Words underlines are additions; Words o n t �+�3 are deletions. -3- F. The development is not in an area designated an Area of xllElR Critical State Concern pursuant t.c P the arovisions of Section 380.05, Florida Statutes, as amended. P" ,z=ION THREE: COt1CLUSIU�r� �I,*,Fr A. The requested amendment of the. previously approved Development Order is consistent with the report and recommendations of the s B. The proposed amendment to the pre:iously apl: roved Development ice++ Order will not unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed amendment to the previously approved Development Order is consistent -with the Collier County Grcwth Management Plan and the Land Development Regulations adopted pursuant thereto. D. The proposed amendment to the previously approved Development r-- Order is consistent with the State Comprehensive Plan. SECTION FOUR• EFFECT OF REVIOUSIY ISSUED DEVELOPMEt;T ORDER rS)� TFANSMITTAL TO DCA AND EFFECTIVE DATE; A. Except as amended hereby, Development Order 84 -1 shall remain :_. in full force and effect, binding in accordance with its terms on all parities thereto. This amended Development Order shall take precedence over all other applicable previous and subsequent Development Orders which are in conflict thereof. B. Copies of this Development Order __ shall be transmitted immediately upon execution to the Department of Community Affairs, Bureau of Land and water Management, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. Words underlines are additions; Words o n t �+�3 are deletions. -3- 1c 2' BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Commissioner offered the foregoing Resolution and moved for its adoption, seconded by Commissioner and upon roll call, the vote was: AYES: NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this ATTEST: DWIGHT E. BROCK, CLERK day of 1997. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: CHAIRMAN APPROVED AS TO FORM AND LEGAI, SUFFICIENCY: R7d2IE. M. ST D 7 ?E T— —"--- ASSISTANT COUNTY ATTORNEY DOA -96- 5/18743 Words iln 4i are additions; Words strk E," =`- -zTTru,,. are deletions. -4- r- AIIIVI1 A LECAI. DESCRIPTION i I 2C 2' Commencing at the southeast corner of Section 35, Township 49 South, Range 26 East, Collier County, Flori ja; thence along the east line of said Section 35 North 1•-56'-55" West 200.14 feet to a point on the north right -of -way line of State Road 84 [Alligator Alley); thence along said north right -of -way line, North 89'-45' -01" West 331.23 feet to a point of intersecticn of said north right -of -way line of Slate Road 93 (1- 75), and the POINT OF BEGINNING of the parcel herein described: thence continue along szld right-of-way line of State Road 84 (Alllgater Alley) on the following five courses: 1) North 891- 451-71" West 2398.56 feet; 2) South 69•-56' -16" 'Blest 1547.43 feet; 3) North 80`- 43' -58" 'Nest 703.38 feet; u) North 39`-5:' -42" West 209.91 feet; 5) North 10 °- 24' -33" West 209.94 feet to a point on the East Limited Access. right -of -way line of State Road 9: 11 -75): thence continue alma said Limited .Access, right-of -way line of _;ate Road 93 !1 -75) on the following nine courses: 11 North 3°-19'-5:" East 285.34 feet; 2) North 23"-37'-26" East. 149.83 feet: 31 North 54°-12' -39" East 149.83 feet; 41 North 86'-37'-01" Gast 17a.34 feet; 5) South 97° 55' -11" East 318.87 feet: 61 South 76' uu' -,2" East 318.32 feet: 7) South 74 09- 17" East 1199.30 feet: 9) South 73'- 00' -33" East 1904.96 felt; 9) southeasterly 2';3.67 feet along the a -c of a circular curve concave to the northeast, having a radius of 116.2116 feet, subtended by a chord which bears South 75'-35' -07" East 2:3.67 feet to the north right.- cf-wav line of State Road 84 [Alligator Alley); and the Point of Beginning of the parce! herein described: being a part of south 112, Section 35, Township 49 South, Rance 26 East, Collier County, Florida; subject to easements and restrictions of record; containing 69.40 acres of land more or less; bearings are based on Fierida Department of Transportation richt -of -way rnac for State Road 93 II -751. ALSO INCLUDING THE FOLLOWING Description of part of Section 35, Township 49 South, Range 26 Fost, and part of Secticn 2, Township 50 South, Range 25 East, Collier County, Florida CO.MtAFNCE at e n irer. pipe marking the Northeast Corner of said Secticn 2; thence North 39° 45' 01" West, 337.93 feet along tke North line of said Section 2 for n POINT OF [BEGINNING: thence South 00- 02' 19" East, 59.98 feel; thence South 99. 57' 41" West, 2,300.70 feet; thence on a course traversing from said Section 35, South 89' 55' 02" West, 2,446.74 feet; thence North 45° uG' 16" West, 71.58 feet; thence North 01. 28' 34" West, 705.25 feet to the Easterly Limited Access R/W Line of S.R. 951 (Section 03)75-24091; thence South 1C° 24' 33" East, 209.94 feel: thence South 39° 52' 42" East, 209.91 feet: thence Sauth 80° 43' 58" East, 709.38 feet; thence North R9° 56' 1[" Eant. 1,547.43 feet; thence South 09° 45' 01" East, 2,396.157 feet to the Southerly Existing Limited Access R/W Line of S.R. 93 (03115 - 241,9), Otence South 00` 02' 19" East, 200.00 feet tc the PGINT OF 3EGIhi!il JG. Less and except the East 100.00 feet thereef. Containing 80.835 acres, more or less. The entire project area is 100.235 ocres. OF PAGES (including this cover) I2C I11i111ItlIllllillillf 1111Ii t![ Iliallli {II[IiIIlIII1111111t11I1� TO. HS - MMnM Emma LOCATION: IIAPIM DAMP I PAZ NO.: 263 -48" cS : I 1illlltllllll Ill 11llllllIl!l IIIIIII !!IIl1111111111111 Hill [fill l PRO21: SLTIE HAFFW - HINMS b RECORDS LOCATION: Collier County Courthouse FAX NO: (8 3-2 774 -8408 jPHONE'NO: (8i3) 774_8406 r79 I 01 -13 10:43 W01',15 ?90 + 01 -13 17:54 00°06'26 781 11 01 -14 11:47 00 °01'59 ?82-L6-1---141 12:05 ee' e1' 56 Date cant: 92634B&I 0< ! "A0@P�0000t3R14 941 252 5672 OK 7 I06( 3�Q C11 926348G4 _ 01< _3 _ _ o6aceeec000pew.3 9263406 -1 _ OK�_3 _ 063C L'�iBPIOQ$r"�A15 Time rent: :, 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, FEBRUARY 11, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition No. DOA -96 -5, Dr. Neno J. Spagna of the Florida Urban Institute, Inc., representing Ashley M. Papineau, Partner, Tollgate Commercial Center Partnership, requesting an amendment to the Toll Gate Commercial Center Development of Regional Impact (DRI) Development Order 84 -1, as ar�lended, for the purpose} of extending the time that the development order remains in effect for the Toll Gate Commercial Center (DRI), located in the southeast quadrant of the Interstate I -75 and C.R. 951 Interchange in Section 35, Township 49 South, Range 26 East and Section 2, Township 50 South, Range 26 East, Collier County, Flcrida. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK', CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Ellie Hoffman, Deputy Clerk (SEAL) 120 January 13, 1997 Dr. Neno J. Spagna Florida Urban Institute, Inc. 3850 27th Avenue S.W. Naples, FL 341_17 Re: Public Hearing to Consider Petition DOA -96-5 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 11, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 25, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Naples Daily News Naples, FL 33940 A4fidavit of Publication WARD OF COUNTY COMM'SSICRIERS FINIJICE DEPT. - ✓.ATHY ARLOTTA Po eox 413016 NAPLES FL 34101- '"1116 REFERENCE: 001230 - 700012 5 ?426597 UOTICE Or riiBLIC HEA State cf Florida 1 County of Collier Eefore the undersigned authority, personally appeared Mina Iverson, who on oath says that she serves as the Assistant Secretary of the Nsplee Daily News, a dally newspaper published at Naples,l in Collier County, Florida: that the attached copy of adverti@ing was published in said newspaper on detes listed. Affiant further says that the @aid Naples Daily ;sews is a ;�apmper published at KspLes, in said j Collier Comity, Ftor;da, and tivst the said I nevspoper has heretofore been continuously Fxibli•i-od in said Collier County, Florida, each , deny ;mt has been entered as second class sail sitter at the pest office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; " affient further says that he has neither paid nor promised any person, firs or coporaticn any discount, reta,te, commission or refund4for th`iputiosseiof the securing this ►utlwertisement or pub said newspaper. PUBLISHED ON: O1/26 AD SFACE: 4.833 INCH FILED ON: 01/27/97 12C 2 -- NW_# is WabY given ihat fie Band of Comsnl xlanen ce CoERe: Cal * WM tW a � rearfiC I FEBRUARY 71, 999 in #* 8oa acn; F1W Hdet16isirr4 ><+ suluirr . Collier EOO tF , TGaaiF NOWT, �Flarri �T a MWI- k7o ini>i bso Gf to AA Th* ftird WIN CM IOW PO"00 No. DAA-%A Dr. Nw I Spoom d ilte Fbr16a Gaelic Poineft, r*%*n dx an DiTw6 "WA A *4 Tab We C?Jf'K:'Fer'.sd ce itr lywp= tf Ihs fife flo bE- veiepiriefl'.' Vd6r rxrwlins in eRM'ar ih2 Tea voce CglA 01tu ceft f scaled 1- Bl4 . C-Q st P%tQr4 of Wo *ft i•tS " IsrJ C.F. "I Towne A M Sot+?A Rdi-qi S East qV Scc- tlm 1 �> swf ' Range ?b 600'. i I it ktkrt lafts � pW ve* � VA4M W, R ow, M +A@lft to tfre dDOf' '101G4 pr�C heor irF@. AWE/ perta Wv deddw ie wj;W 0 adxM of fie bomb wM m*14 a r=d of %=00" pt+ink*1Y inrt'FAo, and ii, RIFT 460 k ma" W a Ver- bon rK rd of it prr' wirvs is "01- >rhio raved ktAiks ti ksm arry A t evk:M LW wMO fltt aF d is to be 26 ft 9=" Signature of Affient 19 ? % Sworn to an cis d Subscribed before me this y of ' --- Personally knon by ue =- i JUCfth A. Flanigan ' MY f-M'iAf1SS10Ff f CCW37 WIFIES �� d' Fatn ary 19, 12C- 2 DEVELOPMENT ORDER 97- 2 RESOLUTION NUMBER 97- 75 A RESOLUTION AMENDING DEVELOPMENT ORDER 84 -1, AS AMENDED, FOR THE TOLL GATE COMMERCIAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI), BY PROVIDING FOR: SECTION ONE, AMENDING THE DATE THAT THE DEVELOPMENT ORDER REMAINS IN EFFECT BY PROVIDING FOR ITS EXTENSION; SECTION TWO, FINDINGS OF FACT; SECTION THREE, CONCLUSIONS OF LAW; SECTION FOUR, EFFECT OF PREVIOUSLY ISSUED DEVELOPMENT ORDER, TRANSMITTAL TO DCA AND EFFECTIVE DATE: VflEREAS, the Board of County Corrrr,issioners of Col.liar County, Florida approved Development Order 84 -1 as ar^ended ;the Development Order.) on January 17, 7.984. which approved a De, ;elopnent of Regiona.! Impact (DRI) known as the Toll Gate Commercial Center; and WHEREAS, the Board of County Commissioners approved Resolution Number 92 -222 and Resolution Number 92 -100 which amended the Toll Gate Commercial Center Development Order, cn April 7, 1997 and February 1.1, 1992 respectively; and WHEREAS, the Application for Development Approval (ADA) was incorporated into and by reference made a part. of the Development Order; and WHEREAS, the real property which is the subject of the Devil - opponent Order is legally described and set forth in Exhibit "A" to the Development Order; and WHEREAS, the owners of the DRI property desire to extend the time that the development order remains in effect; and WHEREAS, Dr. Neno J. Spagna of the Florida Urban Institute, Inc., representing Ashy M. Papineau, Partner., Tollgate Commercial Center Partnership, petitioned the Board of County Commissioners of Collier County, Florida, to amend the Development Order; and WHEREAS, the Collier County Planning Commission has reviewed and considered the report and recommendations of the Southwest Florida Regional Planning Council (SWFRPC) and has held a public hearing on the petition on January 16, 1997; and Words underlined are additions; Words 9truek t4vro"h are deletions. -1- 12C-z WHEREAS, the Board of County Commissioners of Collier County has reviewed and considered the reports of the SWFRPC and the Collier County Planning Commission and has held a public hearing on the petition on February 11, 1997; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: SECTION QIp • AMENDMENT OF DEVELd2PMENT ORDI;)3 That Section 7 of Development Order 84 -1 as amended by Resolution 92 -100 for the Toll Gate Commercial Center is hereby further amended to read as follows: That tais Order shall remain in effect until 8 +3ta�wbee" 4+7 ice} PeLcl -ZUz Any development activity wherein plans have been submitted to the County for its review and approval prior to the expiration date of this Order, may be completed, it approved. This Order may be extended by the Board of County Commissioners on the finding of excusable delay in any proposed development activity. A. That the real property which i�• the subject of this amendment petition is locally descrl�,ed as set fcr.th in Exhibit "A ", attached hereto and by reference made a. part thereof. B. The application is in accordance with Section 380.06(19), Florida Statutes. C. The development of Toll Gate Commercial Center on 100.24 acres of land is for commercial, industrial and residential tourist uses. D. The requested amendment to the previously approved Development Order is consistent with the report and review of the SWFRPC. E. A comprehensive review of the impact generated by the requested amendment has been conducted by the County's departments and the SWFRPC. Words underlined are additions; Words sue -thegH are deletions. -2- 12C - 2 F. The development is not in an area designated an Area of Critical State Concern pursuant to the provisions of Section 380.06, Florida Statutes, as amended. SECTS THREE: CONCLUSIONS OF I.AW A. The requested amendment of the previously approved Development Order is consistent with the report and recommendations of the SWFRPC. B. The proposed amendment to the previously approved Development Order will riot unreasonably interfere with the achievement of the objectives of the adopted State Land Development Plan applicable to the area. C. The proposed amendment to r_he previ.ous).y approved Development Order is consistent with the Collier County Growth Management Plan and the Lard Development Regulations adopted pursuant thereto. D. The proposed amendment to the previously approved Development Order is consistent with the State Comprehensive Plan. �LS2N �vUL; EF EC�QF PREVIOUSLY ISSUED DEVELOPMENT QRDER (Sly ��A_ N�.�y�l+i, TO�CIZ AND F.FFI�Ct'I'JE DATA A. Except as amended hereby, Development Order 84 -1 shall remain in full force and effect, binding in accordance with its terms on all parities thereto. This amended Development Order shall take precedence over all other applicable previous and subsequent Development Orders which are in conflict thereof. B. Copies of this Development Order 97 -2 shall be transmitted immediately upon execution to the Department. of Community Affairs, Bureau of Land and Water Management, and the Southwest Florida Regional Planning Council. C. This Development Order shall take effect as provided by law. Words urderline�d are additions; Words st-r- k-th -r k are deletions. -3- 12C- 2 BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Commissioner Constantine offered the foregoing Resolution and moved for its adoption, seconded by Commissioner and upon roll call, the vote was: AYES: Commissioner Constantine, Commissioner Berry, Commissioner Nocris, Commissionec Mac'Kie, and Commisiioner Hancock NAYS: ABSENT AND NOT VO'T'ING: ABSTENTION: Done this 11 day of _ Fetwi:a[y _ 1997. BOARD OF CO';NTY CObL`iIGSICNERS COLLIER COUN1TY, FLORIDA IMOT'H ANCOCK, CHAI,.MAN ATTEST DWIGHT E. IBRO! K" CT, APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MARJ IF.' M. STUDENT ASSISTANT COUNTY ATTORNEY DOA -96- 5/18743 Words un erlingd are additions; Words uE-r�t-lrr� are deletions. -4- Collier County, Florida REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 11/28/8 -530 TO: Clerk to the board: ?lease place the following as a: 1 2 C 3 (/ Normal Legal Advertisement Other: (Display Adv,, location, er.c.) \k6 Y.'#4f*'xM'*1- Ff+r4►*'l'i',F 4iY.- 1"M"!'H�rffMT14KYM t1f41"#My Y-f rtt�rtaf* -xi'1r'K'4'1"14iy'i� ►'M'*'�i�'� O4'kixA lIr(�44 Hr+'ti'Art' ►fMl ttryrt'A'�'�'dST11r� Originating Dept /Div: ReSOurces Person: Date: (Sign • :ly) ► r�a- x- xr+++ �+ trtkk s+-►+ r►- x++ f- f++*- o-++ r- Rf++- r+++- �a+- rr+ w+ r+ si.- x+.++rtxtfrrrt-rirtirk#+.irz r,+, w- rw-; r�+ r- o-- r +++ +r+t�:+y- i- +sa*++re,: -r+++* Petition No. .(If none, give brief description):____ RiM'1-Htiy'**'47 f-*+rb* ** ***- "***+*++Y,* **+*-**'—"- tx" 4' k+-► 1- x41x1^ r4YRx' t** �'* 'M.�4*'H:rirk+t**1*tH�Ftk-tyrs1 f- ll- kti- Nyyrvty -y-,r Petitioner: (dame 6 .ddress>:_ Collier County N.itural Res2Lrces�eDa��y�;y��_ 3301 East Tamiami Trail, Naples_ Florida 34112 Name & Address of any ptrscns(s) to be notified by Clerk's Office: 1, j D (If more space needed, attach, separate sheet) 7 i Z� - 2-S70 S Hearing before: = BCC = 57-A =Other ♦**a -xr +*++f*e- *+. -rrrm max+- .- r.w,. +++-r +�r►rx+**r� ►++ r��-+-, r-k s*+ *+ r�... +, �+,+++ �,-*++* yrrw ,� + +w*- �-.+,y- �,r- h.- +r*�:.++: .,rre�- +- r*rs- e- �-+r� Requested hearing date: 2/11/97 Based on advertisement appearin� days before hearing. Newspaper(s) to be used: (Complete only if important �], 2= Naples Daily News or legally required �1} [] Other Proposed Text: (Include legal description 6 common location & size): An Ordinance amending Ordinance No. 96 -16 relating to Vessel Soeed Control and Water Safetv. New Idle Soeed No Wa'.ce _Zones are proposed for certain areas of little - Hickory Bay and uortions of the Gordon River. Conpa•nicn petition(s), if any, 6 proposed heari.ng date:_ Does Petition Fee Include Advertising Cost' Yes No = If yes, what account should be charged for advertising costs 001 - 178980 _ Reviewed by: Approved by: Division Head IM Date County Manager Date Lt.st Attachments:(1) (2) (3) DISIRIBLTION INSI'RUCITONS A. For hearings before BCC or S7-1: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. NOTE: If leeal document is involved, be sure that any necessa -v le¢al review, or request for same• is submittcl to County Artornev before submitting to County .`tana¢er. The Hanager's Office will distribute copies: `er [� County Manager agenda file; C' Requesting Division; Q Original to Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY Date Received Date Advertised Date of P•H, %13 /y, ✓.::`� 0''��i��!�'1'�i�."J��' sates- ..s>dl+�d�s'n+�dra►.rt•+.s• -' ORDINANCE NO.97- — zzc 3 AN ORDINANCE AMENDING 0M)INANCE NO. 96 -16 REGARDING VESSEL, SPEED CONTROL AND WATER SAFETY; ADDING A DEFINITION FOR HURRICANE PASS; INCORPORATING ALL IDLE SPEED ZONES PREVIOUSLY DESIGNATED BY RESOLD T IONS; ADDING NEW IDLE. SPEED - NO WAKE ZONES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; REPEALING RESOLL-TIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Section 327.22 (1)(a) and Section 327.60(1), .Florida Statutes, has the authority to adopt this Ordinance to impose idle speed zones on waterways in the unincorporated areas of the County without approval from the Department of Environmental Protection or any other Agency of the State of Florida of the Federal Government; and WHEREAS, Collier County has heretofore established several waters of unincorporated Collier County as "Idle Speed - No Wake" zones by adoption of four (4) Resolutions numbered 79 -165, 81 -199. 85 -146. and 86 -1; and WHEREAS, the Board of County Commissioners deems it appropriate to continue to protect the public health, safety and welfare and to continue to promote safety in the operation of vessels in specified county waterways and boat basins by re- affirming all of the "Idle Speed - No Wake" zones that have been heretofore been established by the combined effects of the above- listed four (4) ResolutionF; and WHERrAS, Collier ( ounty hereby also designates some new areas as newly designates "!die `�pecd -No Wake" zones; and WHEREAS, in an effort to prevent injuries and to reduce boat damage and other property damage that results from excessive wakes, it is advisable to inform boaters that the subject navigable waters are restricted "Idle Speed" and/or "No Wake" areas by placement of informative regulatory markers, therefore the County will post all such designated Idle Speed - No Wake zones xi-.h appror--:_.:- signage and will continue to repair, replace and rnaintair: Words deleted are sWdek4hFwa&; words added are underlined may:,...•_ NOW, THEREFORE, BE IT .ORDAINED BY THE BOARD Or COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Collier County Ordinance No. 96 -16 is hereby amended as follows: SECTION ONE INTENT AND PURPOSE It is the intent and purpose of this Ordinance to protect and promote the health, safety and welfare of the public, including residents and visitors to Collier County and in particular by providing in specified water reasonable speed regulation to the operation of vessels as defined. It is further intended that this Ordinance shall be liberally construed to effect such intent and purpose. SECTION TWO: TITLE AND CITATION This Ordinance shall be known and be cited as the "Collier County Water Safety and Vessel Control Ordinance." SECTION THREE: APPLICABILITY This Ordinance shall apply to and be enforced on all the salt waters of the following described Restricted "Idle Speed --h o Wake" Areas: 1. The Clam Bay System including Upper Clam Bay, Inner Clam Bay, Outer Clam Bay, and Clam Pass. These restricted areas are as specified on the map attached hereto as "Exhibit A." 2. Hurricane Pass, as specified on the map attached hereto as "Exhibit • • U111MRSel • W.Wna 1517M •• a •� • • • • .�• • • • ) 14,W11011t K.Wav I • • •. •• •• ••.• • •• • •• •• ••. • • • 114461119103NIUS1611 • •• • • •••• • •• • •• • ' • • • • w It ss=Iln.g-lDju- he s ulhemmost point of cwa.�drn Asia 0 597914 . 8 0 proximately I- y91iY}1��.S1�Q1�;S;.I1C3I�cY ,�or� f ,and Is(� 2� ... .. .ti...lL�(.�ff•�Ra#pu^�n. oar-,, Ncrrtae .:.�we.:n�,5...0.•.,.;.t►. ... - 2 Words deleted are stsiek Oweag ; wards added ate uad jjjjd -' �^' ' "- •- .. ... y n��iiii �S N"� "" F•" 'yH.t�''.'KY> +,;.. 4K +ems - y ƒ� y� . � /:�»a� _ :2\� :m \(z� y :2 \ \�.� \' j2 :��\ � � �' � � } _ '� \ p \ ;;�fdd � \ /� � \ � � � � %\\ � � � � � � 2� � \/\, �� /: /%�� » / ^\ : _ a, // \2} \ \� � � � / /� ' � �\ %d }:��w} \ \� � � ; � � � ; ; ��/ � � � � \ � � � � 7: / � ' \ \� / � »� � ; � � � � � � \ � y / >. . . \g g, gyp � : � � �� } � � � � . \ � � \\ \; � \ 12C 3 S. PGr� oithe Islands: The sea �llyd rr�an_,_na�atas�sout_h thereof 2pproimat.cly 1.000 feet.asshown on the inap- anach€dhereto as Exhibit "I". 6. The Ever$Ldes City Area: The Barron River from the inlet north to the ast side o` the State Road 29 bridgtD also the "Lakes" area within five hundred (500) feet of all sea walls. All Aa s of Half)yay_ ek that are within five red (5 0) feet of Plantation Island. These arc as are abz\yn on the mac t attached hereto as Exhibit "J" f ` 7— Chokolosk Island: All areas within five hundreSL(500) feet_S_f_jhe i .. ' • • re • . 1 • �I' . JI 11 1' N • • M M ' • .1 • . • ..i0nmu SECTION FOUR: VESSEL SPEED REGULATION Except dr{ring an emergency or operation by an official of the goverr:ment while engaged in official business, the operation, of any vessel in excess of idle speed, as defined herein, in or on any waters specified above is hereby prohibited a;irt is a v;olati(,,rn of this Ordinance. Said prohibition is effective and enforceable provided the "no wake" area is designated by regu',atory marker, signage, buoy, or any other notice of the "l le se no wake" status. The locations of such notices shall be placed at the discretion of the County Staff. All such notices posted by the County are official notices of the County. provided ibe�d,a_ R�si_ati "1d1 " '�L4L.� W?.rs�a. it is nc defense to a violation of this Ordinance to allege that Ih�_nerson iss"d a notice_ofviolation of this Qrdinance Defendant did not observe posted notice of the "idle speed" and/or "no wake" status of the waters. SECTION FIVE: DEFINITIONS For the purposes of this Ordinance, the following words are defined as follows: A. IDLE SPEED means the minimum speed through or over the surface of the water that will allow the vessel operator to maintain steerage of the vessel. B. OPERATE means to be in control of the speed of a vessel traveling over or to water. 4 Words deleted are stvAk- dwou&1;; words added are yn.�gLjjntd Z 12C 3 C. VESSEL means a motor propelled and/or artificially propelled boat, f sailboat, barge, airboat or other watercraft used or capable of being used as a means of transportation of one (1) or more persons over or in the water, whether propeiled by wind; propeller, or forcing flow of water by propeller or impeller, or oth:rwise. Vessel does not include a canoe, kayak, or similar small mimmurn wake typt: vessels provided the vessel is then being propelled on'y by paddle and not by motor, pump, or sail. "Vessel" does not include seaplane. SECTION StX: PENALTIES Each violation of this Ordinance is a civil infraction. If a Citation of Violation is not contested and is paid in hull and on tinie, the fine shall be Fifty ($50.00) Dollars for the first violation within any six (6) month period, and Orie Hundred (5100.00) Dollars for a second violation by the same person, within any one (1) year period. If the fine is not paid in full and on time, the Court may impose a fine of up to Five Hundred ($500.00) Dollars plus Court costs and any other costs and/or fees authorized to be imposed by the Court by Florida Statutes. As an alternative means of enforcement, violations of this Ordinance may be referred to the Collier County Code Enforcement Board. SECTION SEVEN: ENFORCEMEN "r The provisions of this Ordinance shall be enforced by any member of any duly authorized law enforcement agency or officers having enforcement jurisdiction in Collier County, Florida. Civil Citations may be used to notify the defendant of al legations of violations of this Ordinance. SECTION'Iti7*'0: CONFLICT AND SEVERU31LITY In the event this Ordinance conflicts with any other ordinance of Collier County or other appiicable law, the more restrictive shall apply. If any phrase or portion of the 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. 5 Words deleted are sumek-hreogh; words added arc underlined 12C SECTION THREE: INCLUSION IN 'rim CODE OF LAWS AND ORDINANCES 3 The provisions of this Ordinance shall become and be rnade a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to zccornplish such, and the word "Ordinance" rnay be changed to "section," "article," or any other appropriate word. SECTION FOUR: REPEAL OF FOUR RESOLUTIONS. Resolutions numbered 79 -165, 81 -199, 85 -146, and 86 -1 are hereby repealed. SECTION FIVE: EFFECTIVE. DATE This Ordinance shall take effect upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of _ 1997 ATTEST: DWIGHT E. BROCK, CLERK Deputy Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: _ Timothy L. Hancock, CHAIRMAN Approved as to form and legal sufficiency: --Le,, Thomas C. Palmer i= - Assistant County Attorney h Aord inanceO T,id It speedzones -tcp 6 Words deleted are st e { ey ; words added are UUd Exhibit C IDLE SPEED ZAP • HATCHED AREAS ARE IDLE SPEED ZoNEs, 12C 1� Ell r a �- BONITA SHORES UTTLE LELY H KORY �C BAREFOOT --- '*y BEACH --�LEE COUNTY ---BO-NITA BEACH ROAD US 41 SCALE MILES OLD 41 CONKLIN POINT -LWIGGINS BAY GULF HARBOR WIGGINS PASS OCOHATCHEE RIVER DEL NOR wl"INS WATER PALM STArE PARK TURKEY SHORES BAY A •n t j ! ` wl ' � t! t Y i �/ 3'Ji �'1 ar1 � .1 1 0 f ' ►�• 1 y' xt h .s. c Exhibit D t _ J t, t DEL NOR WATER STATE Pl.4X TURKEY t •: J j BAY R i tr CP 846 i 4 r, it f•:t (J ! .• i • Y !. i :a BEACH . F VAND t ; . I LT Y y r V. t. • , • • C LA r r' AY r .E t. �. / ✓' ': '�,. PELICAN r 3 BAY v L r' r w Y;` t s 1•� CLAM i 1, DLE SPEED ZONES ' ' f PASS Y, HATCHED AREAS ARE SPEED ZONES • ! : ht� AY US a y r 41 PINE RIDGE Y- ROAD ( •� ' t'..k 14t • j: �4 � "�! :✓ j �!i aY .I' 17{{+}� it- (r 7.�� .a ;J /; �,fr y♦ � �a�`x �1'o ��i "i .E '� . Y r � A. � t;J � j • M t c Exhibit D PALM SHORES C l I J j • i CP 846 VJ . I LT Y y r V. • r r' !.� t. �. / ✓' ': '�,. PELICAN S it BAY L r' r w T f Yy. i 1, DLE SPEED ZONES ' ' f HATCHED AREAS ARE SPEED ZONES • 1 t t AY US a y r 41 PINE RIDGE Y- ROAD ( t �� 4 r fti.• I e ' f I -f _ r!. I a � . t S R.1 tyf: j. .,(• ! i 3. J� It s � 1 t y, , t '• 1 +r .rr 1 l� ;� lit �t!. � �a �', 'r � .,., ` .� ♦ 4�r .�/i p a xhibit LE ty r 1' "IVER it •' l i �. �.+ 1. ti y 1',f Y YtI v �.I "4 te' 7 t v .r REEK •L I C , ( t / • , = S 4 US 41 s xti y °Y y I1 + HALDERMAN • � ci;; 1 1': CREEK r E.. 1 t ;•t 1 S; .. Jam. •.�y ��t / 1 Exhibit F _ ::i•y. r-•": ^. =:,'.- w:• tt,..�ys ..rte -_�` „n,ti. �±��1c -+ ��i . Exhibit G IDLE SPEED ZONES HATCHED AREAS ARE IDLE 4�-c.,�SPEED ZONES 12C 3 A BAY DDISON SCALE 0 .5 MILES SANCTUARY I SOUND QZ> MA RIV �-- SR 92 S R_ �` ^� \ \ 0 GOODLAND BAY 00 o �. BARFIELD 1 0 BAY 0 ::::f: HORRS BAS .... !BLAND ��v ,tmm mz � � : � /� \ +i��2 � � � � � / ��,� /�f .. +� \� /3; ' � �j \� � {/ J \77� ` � . \�� /� � � / � ��7 »>� � � & � � � Z 2 i� � �� /�2 \/� � � �\ ..� � \��y -� :��_ /��\ �,..a!%a& . \� \� &� : d02+ \� j' &«2`m«.w,w .�e- � � � / �,yyy,�, >:.,� &:� && � f/� ' � 4, \� � � /� . \ \� � � %� \� \\ � : � y/ � �� ° §�\ . �:_ _ ; }// � � � \ \� � : /tom � � %� /<� 2� ± \\ a \fJd� }\>� �� 2 \ \ /�� } acawwaxvc» » % ®�tdTr� � § \%' �� K <. &©Jam / : � \/� 2\ % ,� `� � \� � � .�� / ��/�\ -yy� \2A' _ ? ,� � � � � � � � } :d� =:�� \� � � , � � � : � � \ \ ` ^» G� \J «i %� � t •,y r (f I ' S S•, s 1 J4' r' ' � A �' �'1 r 1 •t y i,` rSy 1 • .t�c..r ,J_z f_ J ` Y 1 i }h, "1 r P '• �� 51 i •, 1 tyy .4 a t yf r, t - tJ j r , s r r t ; 2 d s { - J •. �'r ti.. „!r . J t,, ,� • 4 + • Ii • tt' 1 r r ' f 1 'r r •4 r a , r ~r s ,1 t i ,� •f t yr 5 1 •. t t rr, _ -r s yr: 1 � a •. 1 •1 , t 1 f 'I• i t; r 1 s r -J Exhibit J llillilD11111EEIII U l ltl3ltstttii7��itttttlltttllll llilllldtlllil KUIE HOMW - tiDMTES s RECORDS j Lom=om Collier County Courthouse FM NO: (8 13 ) 774 -8408 iHONE'NO: (813) 774 -8406 814 01 -222 14:11 00°01'26 +1 81:; 597 7624 D< 2 X15 815 01 -22 17:38 00.03'30 92634964 OK 1 4 069CO060000OW10 816 01 -22 17:56 00'02'48 92634854 C!( 41 X14 817 01 -23 14:37 00 °01'43 9419970393; O� X12 318 01 -23 17:40 _00.01'57 _ 92634864 OK 3I ��14 r Time sent: Date gent: Ti=e l Ir' r r _ r .e 1 ,y•j r - � �( f I!. ( {l3 a Y1 •�1 1 .%w 111 1 y 5�1 t t �....��`,• ,;, � i t' ( of ir. (•` � r•.py, OF (includinq this cover) �S` � 4:Y( rs Y �`l tom• tJ �I..Sr I. •- v.-.:•,`•l t is ,,�. i 'ter, � � �t •. T Y• �4 M: �: 1 � .:,..5 .. is .i �/ • .,r.� llillilD11111EEIII U l ltl3ltstttii7��itttttlltttllll llilllldtlllil KUIE HOMW - tiDMTES s RECORDS j Lom=om Collier County Courthouse FM NO: (8 13 ) 774 -8408 iHONE'NO: (813) 774 -8406 814 01 -222 14:11 00°01'26 +1 81:; 597 7624 D< 2 X15 815 01 -22 17:38 00.03'30 92634964 OK 1 4 069CO060000OW10 816 01 -22 17:56 00'02'48 92634854 C!( 41 X14 817 01 -23 14:37 00 °01'43 9419970393; O� X12 318 01 -23 17:40 _00.01'57 _ 92634864 OK 3I ��14 r Time sent: Date gent: Ti=e l Ir' r r _ r .e 1 ,y•j r - � �( f I!. ( {l3 a I 2 3 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, FEBRUARY 11, 1997 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enacr.ment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NO. 96 -16 REGARDING VESSEL SPEED CONTROL AND WATER SAFETY: ADDING A D F!'NITION FOR HURRICANE PASS; INCORPORATING ALL 1DL:E SPEED ZONES PREVIOUSLY DESIGNATED BY RESOLUTIONS; ADDING NEW IDLE SPEED - 140 WAKE ZONES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR !NCLUSION IN THE CODE OF LAWS AND ORDINANCES; REPEALING RESOLUTIONS; PROVIDING AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is 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 TII40THY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Ellie Hoffman, Deputy Clerk (SEAL) Naples DaiLy News Naples, FL 33940 Affidavit of Publication �Z= BOARD OF COUNTY COMMISSIONERS FINANCE DEPT. - KATHY ARLOTTA Po Box 413016 NAPLES FL 34101 -3Gib REFERENCE: 001230 -001- 178930 5742/2814 NOTICE OF INTENTTO C State of Floricia County of Collier Before the und!rsigned authority, prrsxally appeared %ins Iverson, whD on oath says that she serves as the Assistant Secretary of the Naples Daily Nest, n daily newapeptr IxwbLiahed at Naples, in C ,)LLier County, Ftorida: that the attached cooy of ndvertisirg was puhlislreG in s1ic newspasper ✓r dates Listed. Affiant further says that the said Nspl." DaiLy grew is n ne,+sW.e hublishH at Naples, in said Collier County, Flerzdc, and that the said newsp.jnr han heretofore been contincKx; sty pthLished in said Collier County, Florida, each day and has tame entered as second mass aril raster at the mst office in maples, in said Collier Coajnty, FLnride, for a per4od of 1 year next preceding the first publication of the attached copy of sx!vertisraent; and affiant further says that he has n'ither )aid nor preaised my perscn, fir' or coponitirn any discount, rei)ate, c^-wmission or refund for the Exirpoae of securing this advertiseaer.t for publication in the said newspaper. PUBLISHED ON: 01129 12C 3 NOTICE OF KTEXT TO C04M CODWANCE ce it' h*r6by given 1Ao1 on Y,• FEBRUARY 11, 1W, 14 ** . kC Flom, AO 7***. a loa F Ta T= Avo of Cait>ndif> ms OM 'IN 01mck-Wo of ! 0900 "- W s .�s 17 ti " i3' ?ftOV1iKN`.i Jai Et:Fa<G A #,p ryrOW4 ottfiatax is en fiia !4 alf Bei d QP:.' kS ALY7�ii&k 7 bff AR kftK*ed pr+rf<ds ca b- e," be !+acrd tMlO �iGidss w +�KsOa! 9 Sig kvird will Raid a reW of dti}!3 Wtke t? Wwrtb and f .. freed b own fba4 a -O f- k ,,Fd Ot N. p yae& k mxia k%& AM b m6 Q an *kh 94 gp,*, J is s4 to AD SPACE: 5.000 INCH FILED ON: 01/29/97 ------------------------------------------------- --------------------- Signature of AffiantL- �.G;'Lv — Sworn to and Subscribed before me this ••L • 1 day Of. 14 Pcrsonaily known by se j1-11-1 i. YL!iAMC= OiAsmm mod, dhR i'i NA. 93495' Judith A. FianlM v f.MMt`ygN 0 a,Sa� : a .' EXPIRE. S 000 hA10MCI. tNc r - ORDINANCE NO. 97- tp AN ORDINANCE AMENDING ORDINANCE NO. 96 -I6 REGARDING VESSEL SPEED CONTROL. AND WATER SAFETY; ADDING A DEFINITION FOR HURRICANE PASS; INCORPORATING ALL IDLE SPEED ZONES PREVIOUSLY DESIGNATED BY RESOLUTIONS; ADDING NEW IDLE SPEED - NO WAKE ZONES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; REPEALING RESOLUTIONS; PROVIDING: AN EFFECTIVE DATE. 12C 3 WHEREAS, Collier County, pursuant to Section 327.22 (1)(a) and Section 327.60(1), Florida Statutes, has the authority to adopt this Ordinance to impose idle speed zones on waterways in the unincorporated areas of the County without approval from the Depar rn:ent of- Cnvironn;ental Protection or any other F,gency ofthe State of Florida of the Federal Government; and WHEREAS, Coliier County has heretofore established several waters of unincorporated Collier County as "Idle Speed - No ',Vakc" zones by adoption of four (4) Resolutions numbered 79-165,81-199,85-i46, and 86 -1; and WH1?REAS, the Board of County Commissioners deerns it appropriate to continue to protect the public health, safety and welfare and to continue to promote safety in the operation ofvessel� in specified county wate.rways and boat basins by re- affirming all of the "Idle Speed - No Wake" zones that have been heretofore been established by the combined effects of the above- listed four (4) Resolutions; and WHEREAS, Collier County hereby also designates some new areas as newly designated "Idle Speed -No Wake" zones; and WHEREAS, in an effort to prevent injuries and to reduce boat damage and other property damage that results from excessive wakes, it is advisable to inform boaters that the subject navigable waters are restricted "Idle Speed" and/or "No Wake" areas by placement of Infortrzative regulatory markers, therefore the County will post all such designated Idle Speed - No Wake zones with appropriate signage and will continue to repair, replace and maintain those regulatory markers. Words deleted are words added are UadgE nrd I 12C 3 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Collier County Ordinance No. 96 -16 is hereby amended as follows: SECTION ONE: INTENT AND PURPOSE It is the intent and purpose of this Ordinance to protect and promote the health, safety and welfare of the public, including residents and visitors to Collier County and in particular by providing in specified water reasonable speed regulation to the operation of vessels as defined. It is further intended that this Ordinance shall be liberally construed to effect such intent and purpose. SECTION TWO: TITLE AND CITATION This Ordinance shall be known and be cited as the "Collier County Water Safety and Vessel Control Ordinance." SECTION TFIREE: APPLICABILITY This Ordinance shall apply to and be enforced on all the �,3I_t waters of the following described Restricted ie_ tL�13kL" Areas: I. ne Clam Bay System including Upper Clam Bay, Inner Clam Bay, Outer Clam Bay, and Clam Pass. Tres;, restricted areas are as specified on the map attached hereto as "Exhibit A." 2. liurricane Pass, as specified on the map attached hereto as "Exhibit • •11.1 1• • . . 1 •1 V. • - .4 i�I'QRttCll�•S1iI1 • - • / ' • • • � • • 1 1 I�.1• • • , : �: • •• • • MIFIFVOTI mw • 1 • •• 1 "rl • 1••a N •/ ` • 1 • 1 •1 Words deleted are r,6uek thfoug#s; words added are underlined • • • • q • • to thc _ 1 " s 1 • • • 1 • 1 Island Words deleted are r,6uek thfoug#s; words added are underlined �:1 .: �� .......... ., �� ;�i .. .,.. ,. �.. _ ..�. �. ..�,:..: ��f�. . .��,�� _� 4 , S,j \. f•� )n��, �:� .. .ice :,y F' • f•' r't. r� �r 7 a .� �:' .-1�: I. /. � Y �: � � '' ' �_�,� �,C �� ,f a.. r;. ;' :I . 1, , i r . �� +,'t i �'3.' .-'�'.! . f:• � -. G,. f I . i. � 1�� '�, i� _ '. I k .` 1 � .. \•. y (.. t 12C 3 ••rd no 1• M i• . q •. .. • ... . • 1 •• •• 11 • 1 "III ffMT4MMFrM 1oMMM1IZM1.MI ••.• •• • • • ••' • ..• Mls • w SECTION FOUR: VESSEL_ SPEND REGULATION Except during an emergency or operation by an official of the government while engaged in official business, the operation of any vessel in excess of idle speed, as defined herein, in or on any waters specified above is hereby prohibited and is a violation of this Ordinance. Said prohibition is effective and enforceable provided the "no wake" area is designated by regulatory marker, signage, buoy, or any other notice of the "j��4&.td -no wake" status. The locations of such notices shall be placed at the discretion of the County Staff. All such notices posted by the County are official notices of the County. p�id��hL�Slrz4tPd arCa 1S wstcd as an '`Idle Sneed" and /or "No Fake" area, it is no defense to a violation of this Ordinance to allege that the person issued a notice of violation of this Ordinance De€endattt did not observe pond notice of the "idle speed" and/or "no wake" status of the waters. SECTION FIVE: DEFINITIONS For the purposes of this Ordinance, the following words are defined as follows: A. IDLE SPEED means the minimum speed through or over the surface of the water that will allow the vessel operator to maintain steerage of the vessel. B. OPERATE means to be in control of the speed of a vessel traveling over or in water. Words deleted are straek hFbwgb-. words added are uaduLurd I 2 3 C. VESSEL means a motor propelled and/or artificially propelled boat, sailboat, barge, airboat or other watercraft i,sed or capable of being used as a means of transportation of one (l) or more persons over or in the water, whether propelled by wind, propeller, or forcing flow of water by propeller or impeller, or otherwise. Vessel does not include a canoe, kayak, or similar small minimum wake type vessels provided the vessel is then being propelled only by paddle and not by motor, pump, or sail. "Vessel" does not include seaplane. SECTION SIX: PENALTIES Each violation of this Ordinance is a civil infraction. If a Citation of Violation is not contested and is paid in full and on time, the tine shall be Fifty (550.00) Dollars for the first violation within anv six (b) month period, and One Hundred ($100.00) Dollars for a second violation by the sam.- person %vithin any one (1) year period. If the fine is not paid in full and on time, the Court may impose a fine of up to Five hundred (5500.00) Dollars plus Court costs and any other costs and/or fees authorized to be irnposed Iny the Court by Florida Statutes. As an alternative means of enforcemen., violations of this Ordinance may be referred to the Collier County Code F,nforcement Board. SECTION SEVEN: ENFORCEMENT The provisions of this Ordinance shall be enforced by any ,member of any duiv authorized law enforcement agency or officers having enforcement jurisdiction in Collier County, Florida. Civil Citations may be used to notify the defendant of allegations of violations of this Ordinance. SECTION TWO: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the 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. 5 Words deleted are store! 4tffeug#i; words added are Underlined 120 3 SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "Ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FOUR: REPEAL OF FOUR RESOLUTIONS. Resolutions numbered 79 -165, 81 -199, 85 -146, and 86 -1 are hereby repealed. SECTION FIVE: EFFECTIVE DATE This Ordinance shat! take effect upon filing with the Department of State. PASSED AND DULY AD43PTED by the Board of County Commissioners of Collier County, Florida, this day of , �,� L� 1997. ATTEST: DW1Gl-Tr E: BROCK, CLERK BOARD OF COUNTY COiM,41OSSIONERS OF COLLIER COUNTY, FLORIDA y:_�.1��11 �.✓ -�.t _ Deputy Cle Timothy, . Hancock, CHAIRMAN Approved as to form and legal sufficiency: — L.'ty��i -- - - -- Thomas C. Palmer Assistant County Attorney h :1ArdinanccD Tod Iespeedzones -tcp J Words deleted are &4%K 4�foogi; words added are undc1hud EXHIBIT "A" r T1 D Ti 33 r X �--4 U) n SCALE .5 MILES ?L A 21 I its 1 � I CLAM PASS Gl IDLE SPEED NO WAKE NNE CLAD - ! BAY n OUTER CLAM \BAY q 3 12 3 EXHIBIT "I" To ORDluxE LITTLE MARCO ISLAND GULF OF MEXICO o .'. CANNON ISLAND KEEWArLPIIN � ISLAND PROPOSED kSMOM OF REGULATOR Y MARKERS; ,,, - -MUM .. LITTLE MARCO / HURRICANE cmwo. QdJ� PASSES. SCALE CO 0 1000 2000 Feet Q COLLIER COUNTY SHCREUNE — FLMDA MARINE RESEARCH INSTITUTE, MODIFIED SEA TO ILLUSTRATE CURRENT CONOITIONS BY ...OAT NATURAL RESOURCES DEPARTMENT 7/98. ISLAND *W-L---.; I 12C 3 Exhibit C IDLE SPEED ZONES HATCHED AREAS ARE 1DILE SPEED ZDNES BONITA SHORES __`FLEE COUNTY 601NITA BEACH ROAD LELY �H�+LE opY BAREFOOT BAY BEACH US 41� SCALE 0 5 MILES > /0 L 41 CONKLIN POINT iWIGGINS BAY WIGGINS PASS DEL NOR WATER PALM W)GGIn SHORES XK STATE PA PO TURKEY W !-m OCOHATCHEE RIVER __ -7 D[l. NOR w1GW NS STATE PARK Ll l�rl 3 Exhibit D 5� WATER PALM TURKEY SHORES X . BAY CR 846 VANDERBILT BEACH = VANDERBILT - - LAGOON D � � I SCALE UPPER 0 .5 1 CLAM MILES ::.. AY PELICAN c ` BAY I �' 1 A INNER I C LAM BAY j IDLE SPEED ZONES CLAMI PASS HATCHED AREAS ARE IDLE SPEED Z11NES OUTER >? CLAM BAY US 41 PINE RIDGE ROAD DLE SPEED ZONES HATCHED AREAS ARE IDLE PEED ZONES �US 41 NAPLES I� I SCA,E 0 .5 i ATL` J z D 1 ?C 3 Exhibit E GORDON RIVER RIVER REACH G GORDON RIVER ROCK CREEK BROOKSIDE US 41 IN, CAPRI PASS P A55 "CAL- L 0 �IDLE SPEED ZONES AREAS .4�2 E .:ELK D T-1 CAXAMBAS PASS Exhibit ISLE OF CKPRI TARPON BAY r- "'co /Q� F 00 1/f m P I ?C 3 F rl Ii LLA SAGE 0 JUDGE JOLLY BRIDGE V° s -_ -_ SANCTUARY SOUND Fln pr-,w B� OCAXAMBAS BAY SANCTUARY SOUND tl IE: I �,3 M I 2C 3 Exhibit G IDLE SPEED ZONES HATCHED AREAS ARE !DLE SPEED "ZONE") ADDISON BAY Q SCALE 0 .5 1 MILES 4y SR 92 B A RF i LD BA'( BAS HORRS ISLAND 141, SR 92 �jG00DL N BAY o Eal • ' �i . i ., 4. �� ,` 1..1 �; -j '� t ..� .` ..i � � M! ` I'.t �'. �.. '�� • -�1. — ,I�t�, /,�'� .; J ` { .- 1 I ./ . C /�' r;. s" i_: �.l ` ! /( 4', k. �'. ! i _ 1 "L � �' 'r 't �' �. •4 . � ", a '• '1� �� , � •! H II: r �� ' t C ,v ,. y. '{ .. ;.�. N'�.1. fir; �,� ,':1 �V�� .f, ' -t .. �^•' �� •� .i�{ 1� i. �' I .. 1'� .y �� /�' . a "• � t. ' ate. �♦ �.+,� Y ♦ _ � .�r Iyj /rte' `. i n �' � i J � � Y. I y r .. � � .. _ • � / 'r „ / � t ; � ;i t 1 r i r '' � t � fir` i �- t Exhibit r, {. US 41 IDLE SPEED ZONES ` ARE IDLE PORT t SPEED ZONES OF J ✓ THE ISLANDS If;r • r �S �' ','i SCALE ' ; 4 1 r CANAL Ml L ES .T• 1 r I !• t l } t i, •�' t +l �S ^t 4� BARRON RIVER SR 129 12C 3 Exhibit J IDLE SPEED ZONES HATCHED AREAS ARE IDLE SPEED `ONES p N,-n2l/ EVERGLADES CITY O� /o OFF HALFWAY CREEK EVERGLADES NATIONAL PARK 1 SCALE 0 .S 1 MILcS i �J TURNER RIVER 1 4 rl"HGKOLGSKEE m I2C:' 3 STATE OF FLORIDA) COUNTY OF COLLIER) I; DWIGHT E, BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier Countv, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 97-10 Which was adopted by the Board of County Commissioners on the 11th day of February, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 11th day of February, 1997. DWIGHT E. BROCK Clerk of Courts and'C,le'yc r {` Ex- officio to Board bf-�4!• CounY_y Commission@rs"i' . By/ Maureen 9 en on') ".. Deputy Clerk �," Col!ier County, Florida REQUEST FOR LEGAL ADVER'ISING OF PUBLIC HEARINGS To: Clerk to the Poard: Please pt ace the foilowirg as a: X X) NormaI Legal Advertisement ( ) Other /(Display Adv., location, etc.) Originating• Dept• /Div•••$CC• directed ..,.....Persx,.,.•(� ........................................ Date Sheriff Dept. (signcl ............................................................................................ ............................... Petition wo. (If none, give brief description): .......................................................,..............................,..... .......,.r..........,.......... Petitioner: !name i address): Mae i address of any persons(s) t: tc mtifi..} to Clerk's 1;ff,re (If more space rre/ed, attach separate sheer) Nearing before: VA 6CC f I 97A ;the, .................... I ....... I .......... I ................................ I................................................... Res7uest*d hear ir.g date:1 %_2�1._� -- -- B's :e, a, .e� t � � a: r,,c ar ) 1 � days before heirin.g. Newspaoer(s) to tx used: fc :'.-. v in f �av;, rant i 1, ( r. HaPtes Uaily Hews or legally required f ! ether ............................................................................................. ............................... Propr:s►d Text: (Include legal dcscr,,!i -n ( corvn location d s,re): An Ordinance providin= funding for the .:uver:ile AssQssment renter and Suspensi Progam trhough County Delinquency Prevention Firles Pursuar,t to Section 775.0233, Florida Statutes, etc. (See Title of attac'r:ed orairtanc(� for the full title to be advertised) Coapanior. pet iticr,(s), �f any, R proposM hearing date Does Petition Gee Include Advert rv; C-sr, res ( ; Ho , I If (es, whet account should be charged for advertising costs. Sheriff D t. Acc,unt `.� _� Reviewed by: ApGrovw: by: Division Head date Cormty Manager Date List Attachmer+ts:(1) Ordinance (z) (3) ................ .. .......... ., ......... , ....... . ................................................ ........................... DISTP,IBUT(ON INSTRUCTIONS A. For hearings before BCC or BZA: lnitiatir.g person to canplete one copy and obtain Division Head approval before submitting to County Manager. NOTE: If 1c al docv., t is_ir >_Ived, be sure that any necessary legal review, or request for same is Submitted to Corr, ;y_Attorre/ before sA" itti t,_Cok ,ttj nager, The Manager's Office will distribute copies: I 1 Canty Manager agenda f,le• I I ReqiUe<.!inq ( ) Original to Clerk's Of`,ice B. Other hearings: Initiating Division Head to approve and sibmir origin.3( to Clerk's Cffice, retaining a copy for file.' ................................. ,.......................................................... ,............... .............. FOR CLERK'S OFFICE USE ONLY DATE RECEIVED DATE AD ER. ISED DATE OF D.M. /ice /s7 12C 4 1 ORDINANCE NO. 97- AN ORDINANCE PROVIDING FUNDING FOR THE JUVENILE ASSESSMENT CENTER AND SUSPENSION PROGRAM THROUGH COUNTY DELINQUENCY PREVENTION FINES PURSUANT TO SECTION 775.0833, FLORIDA STATUTES, AS AMENDED BY CHAPTER 96 -382, LAWS OF FLORIDA; PROVIDING FOR A MANDA'T'ORY COST OF THREE DOLLARS ($3.00) TO BE ASSEaSED AGAINST EVERY PERSON CONVICTED OF A VIOLATION OF A CRIMINAL STATUTE, A MUNICIPAL OR COUNTY ORDINANCE, OR A TRAFFIC OFFENSE IN THE COUNTY; PROVIDING FOR THE COURT TO ASSESS THE MANDATORY COST OF $3.00 AND THE CLERY. OF THE CIRCUIT COURT TO COLLECT THE MANDATORY COST; PROVIDING FOR THE COLLECTION OF COSTS AND DISBURSEMENT OF FUNDS BY THE CLERK TO THE SHERIFF; PROVIDING THE RESPONSIBILITIES OF THE SHERirFF; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR .INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Hoard of Ccur,t,' Commissioners of Collier County, Florida, is author)-zed pursuant. to Section 775.0833, Florida Statutes, as amended by Chapter 96 -382, Laws of Florida, to adopt a mandatory court cost of three dollars ($3.00) per case on every person who, with respect_ to a charge, indictment, prosecution commenced, or petition of delinquency filed in the county or circuit court, pleads guilty, nolo contenders to, or is convicted of, or adjudicated delinquent for, or has an adjudication withheld for, a felony Or misdemeanor, or a criminal traffic offense or handicapped parking violation under state law, or a violation of any municipal or county ordinance, if the violation constitutes a misdemeanor under state law; and WHEREAS, Section 775.0833, Florida Statutes, as amended by Chapter 96 -382, Laws of Florida, provides that the Clerk of the Court shall collect and deposit the assessments collected pursuant to said Statute in an appropriate, designated account established by the Clerk, for disbursement to the Sheriff as needed for the implementation and operation of a juvenile assessment center or suspension program so long as the Sheriff's office is a partner in the juvenile assessment center or suspension program; and _ 1 I 2C 4 WHEREAS, Section 775.0833, Florida Statutes, as amended by Chapter 96 -382, Laws of Florida, requires the Sheriff's Office of the County to be a partner in a written agreement with the Department of Juvenile Justice to participate in a juvenile assessment center or with the district school board to participate in a suspension pros ;ram; and WHEREAS, the Sheriff of Collier County is a partner in the operation of the Juvenile Assessment Center pursuant to Section 39.0471, Florida Statutes, through the written agreement with the Department of Juvenile Justice, and is a partner in a suspension program developed in cor:junctior with the school board of Collier County; and WHEREAS, the Clerk of thn County and Circuit court is authorized to collect, deposit and disburse the assessments collected into and out of the designated account pursuant_ to Section 775.0833, Florida Statutes, as amended by Chapter 96 -381, Jaws of Florida. NOW, THEREFORE, BE IT ORDAINFD BY THE BOARD OF COUNTY COMMISSIONERS Q? COLLIER COUNTY, FLORIDA, that: SECTION ONE. Assessment of court Casts. The court shall assess court costs of three dollars ($3.00) per case, in addition to any other authorized cost or fine, on every person who, with respect to a charge, indictment, prosecution commenced, or petition of delinquency filed in the county or circuit court, pleads guilty, nolo ccntendere to, or is convicted of, or adjudicated delinquent for, or has an adjudication withheld for, a felony or misdemeanor, or a criminal traffic offense or handicapped parking violation under state law, or a violation of any municipal or county ordinance, if the violation constitutes awisdemeanor under state law. SECTION TWO. Cmllsct.;.on Of Costs and Disbursement of Funds by the Clerk. The Clerk of the Circuit Court shall collect the three dollars ($3.00) court costs assessed by the court and deposit 12C 4 those funds in an appropriate, designated account established by the Clerk. Pursuant to Section 775.08 ], Florida Statutes, the Clerk shall be entitled to five percent (51) of the assessments collected for the costs of administering the collection of assessments. The Clerk shall disburse funds to the Sheriff as needed for the implementation and operation of the Collier County Juvenile Assessment Center and /or Suspension Programs. SECTION THREE. Responsibilities of the Sheriff. The Sheriff shall request funds from the Clerk as needed to support the ir„f,lementati_on and operation of the Collier County Juvenile Assessment Center or Suspension Programs. The Sheriff shall account for all funds that have been deposited into the designated account by August 1 annually in a written report to the County Juvenile Justice. Council. The sheriff may also deposit any other funds obtained by that office for the implementation or operations of the Juvenile Assessment Center into the designated account far disbursement to the Sheriff as needed. SECTION YOUR. Conflict and Severability. In the event this Ordinance conflicts with any other ordinance Of Collier County or other applicable iaw, the more restrictive shall apply. If any phrase or porticn 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 FIVE. Inclusion in the Code of Laws and Ordinances. The provisions Of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. 3 te f re y. J Lr 4 RESOLUTION I?O. 97 -76 A RESOLUTION OF Tt {.E BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, SUPPORTINC THE JL71EI411,E ASSESSMENT CENTER OF COLLIER COUNTY. WHEREAS, the Board of County Commissioners recognizes the need for a Juvenile Assessment Center i!l Collier County; and WHEREAS, the Board of County Commissioners has enacted Collier County Ordinance No. 97 -17 to provide funding for the Juvenile Assessment Center and Suspension Program pursuant to the provisions of Chapter 96 -382, Law,, o'` Florida. NOW, THEREFORE, HE IT RESOLVFD B", 'I'H ROARD OF COUNTY CO"ISSIONERS OF COLLIER COUNTY, FLORIDA, that: The Board of COUnty Commissioners supports the Collier County Juvenile Assessment Center of Colli 'Rr Ccunt.y to provide appropriate prourams and services to prevent children from becoming at risk c•nd to intervene with children already involved in the juvenile jastice system. The Board of County Commission. -rs also supports the Collier County Sheriff and the Collier COUnty .juvenile Justice Council in developing the Juvenile Assessment Center. This Resolution adopted this 11th day of February, 1997, after motion, second and majority vote. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIG }iT E. BROCIC, CLERK COLLIER. COUN'T'Y, FLORIDA IMOTHY F{ANCOCK, CHAIP.MAN Approved as to f m for and legal sufficiency: Da 1d C. W44- County Attorney w V V. Ag a. 77 N • - 1-i T, FROM: EUIE HOFFM&N KINVrES & UCORDS LOCATION: Collier County Cc -thouse FAX NO: (813) 774-8408 PHONE'NO: (81.3) 774-8406 17: 36 ew 41 :41 141 • Dat-a ient-- //7 f. 12C ".4 "q January 14, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing. to Consider an Ordinance Providing Funding for r_he Juvenile Assessment Center and Suspension Program through County Delinquencv Prevention Fines Dear Judy: Please advertise the above referenced notice one time or. Friday, January 17, 1997 and send the Affidavit of Publication, in duplicate, t -,nether with charges involved to this office. _ Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Account #001 - 061010- 649100 12C 4 NOTICE, OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JANU_ ARY 28, 1997 in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will. consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of proposed Ordinance is as follows: the AN ORDINANCE PROVIDING; FUNDING FOR THE JUVENILE ASSESSMENT CENTER AND SUSPENSION PROGF.AP! THROUC;H COUNTY DELINQUEJr -7 PREVENTION FINES PURSUANT TO SECTION 775.08 -33, FLORIDA STATUTES, AS AMENDED RY CHAPTER 96 -382, ',AWS OF FLORIDA; F'ROVTDING F'GR .A MA TO, Y �OST OF THREE DO.,LARS ($3 . 00) TO BE ASSESSED A�3AINS i' EVEPY PErRSON CONVICTED OF ?1 VIOLATION OF A CRIMINAL STATUTE, ;; MU-1\7'CIPAL OR COUNTY ORDINANCE, OR A TRAFFIC OFFENSE IN T?AF COUNTY; PROVIDING FOR `.HE COURT TO ASSESS THE MPNDAiCR�' r''OS?' (l7 Y l . 00 AND THE CLERK OF THE CIRCUIT COURT TO COLLECT THE b- ,Tr c'OST' PR(O`JIDING. FOR ':'HE COLLECTION OF CO:ITS AND DISBURSEMENT OF FUNDS BY THE CLERK TO THE SHERIFF; PROVIi)ING THE RFSPO:VSIB� -;=1ES OF THE SHERIFF; PROVIDING FOR CONFLICT PIID SEVERF.BILITY; PROVIDING F'�)R INCLUSION IN THE COLE OF L:A`tiS AND OFDII:ANCES; A 1D DROVAI;II G A.N EFFECTIVE DATE. A. COPY Of the prl)pOSed Ordinance on file with Board and is available h the Clerk; to the for �nsf?e_, ior.. F.ii inter.est:— parties are invited to attend and De heard. Any person who decides to appeal a. deci.sicn 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 zecord includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA. TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Ellie Hoffman Deputy Clerk (SEAL) Naples Deily News Naples, FL 33940 Af+idavit of rubLication -------------------------------- 80ARD OF COUNTY UWMISSICNIERS FINANCE DEPT. - KAYHY ARLOTTA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 61010- 6491DC 57422171 NOTICE OF INTENTTO State of Florida County of Collier Before th% undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples DeiLy News, a daily nevspaper published at Naples, in Collier County, Florida: ,hat the attached copy of advertising was pubtish,vd in said newspaper on dates listed. Affiant fu ^thew says thst the said Naples Daily News is a newspaper published at Naples, 'n Paid Collier County, Florida, and that the said newspaper has heretofore Ixen contiruously published in uaio CoLtier county, Florida, each day acid has been entered its second class sail. setter at tht post office in I;aples, in said Collier County; Florida, 'or a period of 1 year next preceding the f'•rst publication of the sttitched cc,py of advertisement; end effiant fvrther scys thet he has n<ithnr trio nor promis d any ;arson, fire or cop(,rs,tion •ny discutnt, rebate, c.aMiesion or rei;k! for Zhu purpos! of I securi:•-�) this advert4sarxrt fcr pubLicaticxn in ttie! said newspaper. FUB:.ISHE!) C41 01/17 A7 5PACE- 6.667 I/:r,H FILED ON. r ----01;1 %fa-- Signature of Affiant ---------------- - - - --+ Sworn to and Subscris d before me this day of °,•__ _ Personal Ly known by me _ � 2/- L t: 12C 4 1 TO cCNS10ER �+,L� Rotla is WOW olvan to on TUc. WAY, JANUARY 20, IT?, it to Boadtoom, 3rd Fkror, Aa11F1ri }stun Bul d;np, C`4W C.AU tf rsam tmW tan- xill Et Tam'rrrx Trill, ftho , Ri- do. P* Bard of Cut ComistW3 va eom4Se ag of o COW or& mra, The wM m1n*xo d 3C. A.M. Tit- ft of of the "posed Ordwtp, k a: fO vw,, AM 9f O WiCE PRO%rl) ('r FlUAWtF; Fm TM 1UVCrN{l.E A-lk5 >35h*XT CE:H1 ER MI) WSPEf1WX PROC41km THRO(JC,H COUNTY M- LIOQUENCY f RFVtiNiXW MW PURSUAHT TO ?EMOM 770W FLORVA STAT- UTES 1,S AMbZ6 BY C`ist -TEp %-.4k LANF5 OF FLORIDA.; MOW, F.a. ING MR A WZWORY COST OF ^ AEf, DC�i.LARS TO BE As. . ,ESSF -0 AGA1tiST�RY FEMN C?HVIC IM OF A V)MAT!UN Or A MmINAL STATUTE, A 11EJhArlPJI_ (x2 COUmrf MMNANC,t"', (A A TRAF- Y5"aG F(,'R PiE MPT TO ASSVS THE MANDATORY COSY .*,F &i m Vr,, T1 t- klF,kK OF THE MAT COURT TL' CC(J FCr rHF A{AN0A Cr- RY COST, NRO'VAOING VOR '5f. Cn. L EC.'" Or COS'T5 Am DkmLltiE- AF-K( OF FUNDS !iY TM L: RK TO ,AF-K( Wf±� - ; PPOVC06 7r4c W. S• 1104Sl6li,T)tS Of T4k St1%,,-cF; FRrjMHG FCSV CU -LCT in 3N- ERa&nrTY' KOkiISO FOR W., U- 51CN IN Tik'r: CODE Or LAW-3 MOD OR. M&SICE • AND IMr .M E3:- MME .SATE A agy d th0 VNimcid 4tAnaK;e h an fie fy kv wrJlm Ail kllweded perks my in- "'tied to offend C44 h heard Art' !3iy VM %ft Ol,'tii.Jls M CjVW o 04*0 of the Owd w!V aoad a rK4id of the terrM YYUNna Urolll and ff� eta e, mw nomd to emum W a vDr- bem max of Ilia VWAaft- it mode > filch roord .nt'irdkt ft to*vW ark twidlm Im • fkh ttw oo YA is to be t>v'YarJ, WARD IX- COL41TY Ct}dAMc'tW.ieitl CO! JXR CC-4.NTY, FLORIDA T.M�TH f L, HAtiCOO( it. iAIRWAM DYArW E. BR OCX, C.. k EY: 131 Elpx I+Mfmaq Demty 06W SSEAI -i Januuy 17 No, "444 i A Judith A. Fianigiyt iAy CoMaesSI)N �I,pgr87 °` •` FeDnisy 14, Zt)piD EIS a:upFp iHau Ttipr yes, r,aupAw,, ss:. 12C 4 ORDINANCE NO. 97-1 AN ORDINA2CE PROVIDING FUNDDING FOR THE JUVENILE ASSESSMENT CENTER AND SUSPENSION PROGRAM THROUGH COUNTY DEIINQUENCY PREVENTION FINES PURSUANT TO SECTION 775.0833, FLORIDA STATUTES, AS AMENDED RY CHAPTER 95 -382, LAWS OF FLORIDA; PROVIDING FOR A MANDATORY COST OF THREE DOLLARS ($3.00) TO BE ASSESSED AGAINST EVERY PERSON CONVICTED OF A VIOLATION OF A CRIMI- AL STATUTE, A MUNICIPAL OR COUNTY ORDINANCE, OR A TRAFFIC OFFENSE IN THE COUNTY; PROVIDING FOR THE COURT TO ASSESS THE MANDATORY COST OF $3.00 AND THE CLERK OF THE CIRCUIT COURT TO COLLECT THE MANDATORY COST; PROVIDING FOR THE COLLECTION OF COSTS AND DISBURSEMENT OF FUNDS BY THE CLERK TO THE SHERIFF; PROVIDING THE RESPONSIBILITIES OF THE SHERIFF; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Collier County, Florida, is authorized pursuant to Section 775.0833, Florida Statutes, as F,mended by Chapter 96 -382, Laws of Florida, to adopt a mandatory court cost of three dollars {$3.00} per case on every person who, with respect to a charge, indictment, prosecution commenced, or petition of delinquency filed in the county or circuit court, pleads guilty, nolo contenders to, or is convicted of, or adjudicated delinquent for, or has an adjudication withheld for, a felony or misdemeanor-, or a criminal traffic offense or handicapped parking violation under state law, or a violation of any municipal or county ordinance, if the violation constitutes a misdemeanor under state law; and WHEREAS, Section 775.0833, Florida Statutes, as amended by Chapter 96 -382, Laws of Florida, provides that the Clerk of the Court shall collect and deposit the assessments collected pursuant to said Statute in an appropriate, designated account established by the Clerk, for disbursement to the Sheriff as needed for the implementation and operation of a juvenile assessment center or suspension program so long as the Sheriff's office is a partner in the juvenile assessment center or suspension program; and l2Q 4 WHEREAS, Section 775.0833, Florida Statutes, as amended by Chapter 96 -382, Laws of Florida, requires the Sheriff's Office of the County to be a partner in a written agreement with the Department of Juvenile Justice to participate in a juvenile assessment center Or with the district school board to participate in a suspension program; and WHEREAS, the Sheriff of Collier County is a partner in the operation of the Juvenile Assessment Center pursuan to Section 39.0471, Florida Statutes, through the written agreement with the Department of Juvenile -Justice, and is a partner in a suspension program developed in conjuncti.•n with the school board of Collier County; and WHEREAS, the Clerk of the County and Circujt court is authorized to collect, deposit and disburse zhe assessments collected into and out of the designated account pursuant to Section 775.0833, Florida Statutes, as amended by Chapter 96 -381, Laws of Florida. NOW, THEREFORE, BE IT ORDAINED !3Y THE BOARD OF COUNTY CO11MISSIONERS OF COLLIER COUNTY, FLORIDA, that; SECTION ONE. Assessment of Court Costs. The court shall assess court costs of three dollars ($3.00) per case, in addition to any other authorized cost or fine, on every person who, with respect to a charge, indictment, prosecution commenced, or petition of delinquency filed in the county or circuit court, pleads guilty, nolo contenders to, or is convicted of, or adjudicated delinquent for, or has an adjudication withheld for, a felony or misdemeanor, or a criminal traffic offense or handicapped parking violation under state law, or a violation of any municipal or county ordinance, if the violation constitutes a misdemeanor under state law. SECTION TWO. Collection of Costs and Disbursement of Funds by the Cleric. The Clerk of the Circuit Court shall collect the three dollars ($3.00) court costs assessed by the court and deposit 2 12C 4 those funds in an appropriate, designated account established by the Clerk. Pursuant to Section 775.0833, Florida Statutes, the Cleric shall be entitled to five percent f5 %j of the assessments collected for the costs of administering the collection of assessments. The Clerk_ shall disburse funds to the Sheriff as needed for the .implementation and Operation of the Collier County Juvenile Assessner.t Center and/or Suspension Programs. SECTION THREE. rZesporsihilities of the Sheriff. The Sheriff shall request funds from the Clerk as needed to support the implementation ar,d Operation of the Collier County Juvenile Assessment Center or Suspension Programs. The Sheriff may also deposit any other funds obtained by that office for the implementation or operations of the Juvenile Assessment Center into the designated account for dishursement to the Sheriff as needed. The Sheriff shall account for all funds that have been deposited into the designated account by August 1 annually in a written report to the County ,7uv,-nile Justice Council. The Sheriff shall provide a report to the Board of County Commissioners at a Board public meeting held during the last quarter of each fiscal year which sets forth the status of the Juvenile Assessment Center. Said report shall describe how the Juvenile Assessment Center is operating, including a financial accounting and an evaluation of the programs of the Juvenile Assessment Center. 'Cho report shall be presented to the Board during the last quarter of Fiscal Year 1.997 -98 and in the last quarter of each fiscal year thereafter. SECTION FOUR. 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. 3 12C SECTION PIOE. Inclusion in the Code of I,ave and Ordittancee. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section'', "article ", or any other appropriate word. SECTION SIX. Effective Date. This Ordinance shall become eff.ecti:-e upon f.ilinq this Ordinance with the Department of state. Collection by the Clerk of the Court of the $3.00 mandatory co,.jrt cost as described in this Ordinance shall commence on March 1, 1997. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of 1997. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA TIMOTHY L. i {ANCOCK, CHAIRMAN Approved as to form and legal sufficiency: �61fmk & - - Z David C. Weigel County Attorney 4 I 2 4 COLLIER COUNTY JUVENILE ASSESSMENT CENTER PROPOSED STAFFING BUDGET 1997 - 1998 I� - - -�_ - -� -- -- Annual rota( —Eringe Annual Sala ! rY PO SI"TIC N NAME Salary I3en Bcrefits �SCHOOL BOARD 1 ATZ ENDANCE OFFICER I __ - -�_— S 30,0 V a 8_-100 S 38,4(10 -- -- -__ - -- 1 I EVALUA7'i`)N /ASSE`)'SMEN -f' - ---- 37,000 9,800 44,800 OFFICFR 2 - -! SUBTOTAL - SCHOOL BOAR[ 65,000 ' 18,200 S 83,200 i D:'.VID L.ANN'RiFNCE CENTER — -- — -- - -- TASC C01 INSELORS ?,0��0 1 1,960 $ 64,000 DEPARTMENT OF JUVENILE JUS'TI(_:V l1 CoifNSELOR_ 24 HOURS 115,000 60,000 S 1 "75,000 II (= 5 FTE) � SHERIFF'S OFFICE f-- -- — — —� I OFFICER, 24 HOURS 1 50,000 94,000 I $ 244,000' Il t = 5 FTE)_ ry CENTER COORDINATOR -- 1 SUPERVISOR - -- 35.000 -- 22,600 60,600 I CLERICAUDATA ENTRY _X3,000 12,000 35,000 ____ SUB -TOTAL CENTER _ 61,0!10 S4 ?3,000 I 34,600 5218 -160 $ 9_5,600 G RA N D TO TA STAFFING: - - - -- -- ----- 1__._ S66 i,800 _- -_ -- 6. IIchJ.-yabudge.iblldv ! - Rev. February 6, 1997 12C 4 COLLIER COUNTY JUVENILE ASSESSMENT CENTER PROPOSED OPERATING EXPENSE BUDGET 1997 -1998 NO. ITEM DESCRIPTION TOTAL Insurance: Property /Casualty $ "Intl Insurance: Liability 2,000 Supplies (Office, copy, cleaning) 9,600 Maintenance (2,300 sq f%) —__ 1quipment /Software Maintenance --- TravcU ' Tramir " —4,200 5,000 � 2,200 I t --S— '00 0 —.__ - -- -- I Ins1 ection /Contract Service D `i/Subscriptions 1,000111 - -- l:r.Iploylnent Costs I,,)C0 I Postage 2,00n I Minor Operating Equ�pil�ent �- . - -- - - -- i 0 000 - -- I-inverprintin <g, Supp!ics (Camera, File„ Carols' 5,000 � Printing/ Supplies (Letterhead, Forms) 5,0001 � r:quiprrient Repair'ivlaint. 3,000 Urine Screens (DSI) Fst # 2,000 30,000 TOTAL, OPERATING FXPENSES $ 85,00 1 "Provided by Department of Juvenile Justice 6.11ckk- abudge.thhdv - 2 - Rev. February 6, 1997 12C 4 COLLIER COUNTY JUVENILE ASSESSMENT CENTER PROPOSED CAPITAL, EXPENSES BUDGET 1997 - 1998 * Provided by Department of Juvenile Justice 6.1 ickkViybudge.rbllkly - 3 - Rev. February 6, 1997 NO. ITEM DESCRIPTION TOTAL 8 Furniture S 40,000 8 Computers & Printers 40,000 8 Sollware Network Access *Incl , I Telephone System *Incl I Security SystemJCameras 10,000 1 ropy Machine /Facsimile Machine 6,000 I L,,.aschold Improvements 42000 - 1'OTAI, CAPITAL EXPENSES S 138,000 * Provided by Department of Juvenile Justice 6.1 ickkViybudge.rbllkly - 3 - Rev. February 6, 1997 12C 4 COLLIER COUNTY JUVENILE ASSESSMENT CENTER BUDGET SUMMARY 1997- 1 998 EXPENSES Personnel Staffing Operating Expenses Capital Expenses Total Expenses FUNDING SOURCES Collier County School Board Collier County Sheriff's Office David Law; ence Center Depart.mept of" Juvenile Justice - Naples Department of Juvenile Justice - State District 8, LBR Assessment Fee - S3 Total Funding 6.1 kkkyabudge.fbAdv -4- $ 661,800 85,000 138.00 $884,800 S83,200 244,000 76,800 175,000 25 0, 000 56 CD0 $885,000 Rev. February 6, 1997 e77waacw _� n.. aea. +�►�w�aiw�„�ir.+w..s�w.�. -��,� .,, 11 /ZM /tS+.-�)0 RF.OVE1,T MR LECAL AI)%T.RTISiKC Of P'lInLIC I(FAR(NCS To: Clerk to the Hoard: Please place the fnllnv(nq as a: 1 2 C 5 / / Hor.naI LcRal Advertlsea,ent ! / Other: (Display Ad-_ locetlon, etc.) ffMffH f..-. a H f. f. w+- ...-f. f�fa•N+a rM trMHV-fs.-f4Kf. t.tltf M4f'f V- 44fff HYriw�M.'1 +4+r...fr.�FfYtH♦ fH Originating Dept /Div( Parks and Recreation Persont Gary Franco Date; ___11 1261 (Sign clearly) e- w•a+�- +f+ -ra-ta +*+ .++w- .��- ta- r�wf++++ -r�.�. Petition No. (If none, give brief description)i i+t�e+�rw.t r- a- *- w*w+a+e- ra•+ -�rrtf Ke�ae+ rt- r# w- ke+ af• rf- k•w++►a•+•i- +sra+�,rat*,ra -r,lt o k++�< +Iw+w� Petitioner: (Name 6 addrece)t Name 6 Addreaa of any persons(a) to b•e notifled by Clerk's Officat of sore epace needed, di mach separate sheet) Hearing beforet / )jXacC / / 8ZA / /other R.e"ttad hearing dAtet 1 } 14 97 — _n+aed on adyertlsesent appearing 10 days before" hearing. Newspaper(s) to be uacdi (Complete only if Leportant / /, /X / Naples Daily Se-we or legally required / V / / Other serer vf.rr<..r.�+- era- .- �+ -.re- art+ rf +f�r.++rrn•fr.rs- ra+werww -u erwt� •�- fs+- +++*r+•a+atir+a -rtt.a .- .-.-f. lImposed Textt (Include legal description 6 cosson location 6 mica), An Ordinance amending Ordinance No. 89 -1 as aTneeded, "The Beach and Water Safety and Vessel Control," by amending Section Six; Vessel £_ulatiStt1 t2.ja_gr!3 the-area restriction on jet skis from 500 feet to 750 feet offshore; Also amending section seven: Regulation of concession operations, equipment rentals and vendor on the beach and adioinina waters to add additional regulations regarding rental of personal water craft; providing for conflict and severability; arid providing an e motive atcTTP. Coscpaaion petttlon(s), if Rib, 6 proposed boaring dater sr4RKa-a N•t04t•f4#Htta Apt} -RLK4 Ft N^NK*a'!it- RhHtf1 KKK4.-.tK. tff. -fNH4f t►T►t. +N . Does Petition Fee Include Adve tiafng Coe!? Tea / / No ! / If Yea, vhtt account should be charged for advertising costaC"__�3 —a fmrfr.,rf.rf rr.V��e �- r.-f +� r+�rf +�++ fret- +rr.rtf- ++r+ti-htf+ta+.t +fe fr+-f oa�af.. t. . a..+, �a rf a. a f . f.w-...w��ft.r..�.� -f-.•. Rcvlcvr_d by: / Approved by: Division Hcad Date ,Z�.Z� Crnm(y MwnaRer Datc List Attachments:(I) ♦W.fI.Y.- f.- ..1- f.f- i-fflrr. �wfaf..ffa♦ �ify a- .effH.- fNy-.fy.yl�f�-MY. t�4i. At -f .. f.....f f.. . affff .'...�N.- ►..fr..- f'f.r•..�v DTST_RI8t,7T0H TN,TRUCTIOf:S A. For hearince tic f ors RUC or 117-A: InitI&(Ing p -( ton to �- amplrrr nor rnl,v and obtain Div lnton fit Ad approval before tuCnitCing (f) Count Henngrr. 49IF: I lep,nl dorumrn( In InvoI.d 1 h. 14 re that env necrseery Iep,aI rcvlry or rr ueet for sane Is submitted to County .Attornrz Griner aubmltting [n ('aunty Hanagu . Th - - -, - --- �------- -- -- 1- - -- -- - - - - -- - ---- -- - - - -- - - --- - - — -- -- -- Mnnaqrr't Offirr •.Ili dls(rihute coplra- / / County Nnn.ger nRenda file; / ( Requen(inR DIv1.Inn; / / OrIginAI to (71,r6's 0((tre Other heatingn: Inl(la(Ing Ul'vlston fired to 41-'Prove and azilimlr Original to Clerk's Office, retatning a copy for f( Ile. — .... a ........................... a.........f......... a.a.............f.............a a.......................... CI -FRK'S OFFTCF USF ONLY lair ReccIvcj Ila(e Advertined Ga(r of P.II. 12C 5 ORDNANCE NO. 96- AN ORDINANCE AMENDING ORDINANCE; NO. 89 -11, AS AMENDED, "THE BEACH AND WATER SAFETY AND VESSEL CONTROL," BY AMENDING SECTION SIX: VESSEL REGULATION TO INCREASE THE AREA RESTRICTION ON JET SKIS FROM 500 FEET TO 750 FEET OFFSHORE: ALSO AMENDING SECTION SEVEN: REGULA'T'ION OF CONCESSION OPERATIONS. EQUIPMENT RENTALS AND VENDORS ON THE BEACH AND ADJOINING WATERS TO ADD ADDIrIONAL REGULATIONS REGARDING RENTAL OI' PERSONAL WATER CRAFT; PROVIDING FOR CONFLICT AND SEVERASILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County Ordinance ?!o. 89 -11, as amended, prohibits the operation of jet skis within a distance of 500 feet f-:om the Collier County beaches and shoreline bathing areas and specifies requirements for rental of jet skis in those areas; and WHEREAS, recent irresponsible and sometimes dangerous operation of privately owned jet skis and, in a few instances, rental jet skis, at a distance of 500 feet from the beaches and shoreline bathing areas have become an unacceptable and recurring nuisance to bathers and land owners in those areas; and, WHEREAS, it has become apparent that operation of jet skis within 500 feet of the shoreline is too close to the shoreline to abate the nuisance aspects of the irresponsible operation of jet skis; and WHEREAS, there ire unacceptable and unavoidable enforcement problems regarding enforcement of ordinance prohibitions against individual operators of private jet skis; and WHEREAS, it is necessary to abate the nuisance of irresponsible operation of private and rental jet skis in the vicinity of the Collier County shoreline, that the current restriction line of 500 feet from the shoreline must be moved seaward to the distance of 750 feet of the shoreline; and WHEREAS, notwithstanding the good faith efforts of most renters of jet skis to eliminate irresponsible operation of rental jet skis, it is necessary to abate the nuisance of irresponsible operation of some rental jet skis, that the current beach vendor permittee regulations applicable to the individual operators of rental jet skis be amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Words underlined are added; words struck thr ugh are deleted. 12C 5 SECTION ONE: Amendments to Section Six of Collier County Ordinance No.89 -11, as amended. Section Six of Collier County Ordinance No. 89 -11 is hereby amended to read as follows: SECTION SIX: VESSEL Rf:GULATION A. Operation of vessel in excess of idle speed prohibited. (1) The operation of any vessel, or sailcraft, in excess of idle speed, as defined herein, in or on all waters of the Gulf of Mexico within five hundred feet (500 feet) offshore from all sandy beaches and shorefront bathing areas is hereby prohibited. Said prohibition shall be effective and enforceable regardless of whether or not such area is designated by appropriate sign, buoy or other public notice. (2) Jet ski regulation. No person shall operate a jet ski: (a) closer than 564 750_ feet perpendicular from the water's edge ex:-ept to go to and from the shore or except- in a vessel corridor designated under. subsection (3) hereof, nor shell proceed to pr _ft rM that portion of the Gulf beyond 5,� 750 feet at a speed greater than merely necessary to effectively traverse the breaking water; (b) in an unsafe, reckless or careless manner endangering the life, limb, or property of any person. (3) Vessel corridors. The following areas of the Gulf adjacent to the beach closer than Sra 75 Q feet from the shore may be designated as being exclusively for vessel use between dawn and dusk daily: (a) Those areas of Tigertail, Vanderbilt Beach and Clam Pass County Parks and s•ich other parks and areas designated and posted by the County Parks and Recreation Department as vessel corridors or use areas. (4) Beach launch of vessels regulated. No person except a law enforcement officer, authorized emergency personnel, or other person actually engaged in a rescue attempt shall traverse the beach with a motorized boat or jet ski_ acrd or launch such vessel from the beach from an unauthorized launching area. (5) Water Skiing. No person(s) including the skier(s) (anyone being towed or. a line behind a vessel.) and the vessel operator(s) shall water ski closer than 500 feet from the edge of the beach directly on the Gulf. (6) Sailcraft, including sailboats, windsur.fboards, and sailboards. No person shall operate a sailcraft closer than 500 feet perpendicular from the water's edge where bathers are present except to go to and from the shore by the most direct means possible in a safe and reasonable manner. -2- Words underlined are added; words atrack-t lough are deleted. 12C 5 (7) Regulated areas. No person shall operate a motorized vessel or sailcraft within an area which has been clearly marked by buoys or some other distinguishing device for bathing, swimming or which has been otherwise restricted by the County, provided that this subsection shall not apply in the case of an emergency or to a patrol or rescue craft. B. Vessel speed riot to exceed reasonable speed under existing conditions. Nothing contained in this Ordinance shall be construed to authorize or approve the speed of any vessel or sailcraft in excess of that which is reasonable and proper under the existing conditions or circumstances including, but not limited to, the presence of water skiers, bathers, fishermen, natural hazards or other water traffic. C. Exemptions. The following shall be exempted from the provisions of Section Six of this Ordinance: (1) The provisions of this Ordinance shall not be construed to prohibit the operation, racing or exhibition of vessels or sailcraft during a publicly announced, properly authorized, supervised and adequately patrolled regatta, speed trial or exhibition. (2) The operators of Law Enforcement or rescue vessels or vessels operating under emergency conditions shall be exempted while conducting official duties or operating under emergency conditions. (3) Commercial fishing vessels are exempted while conducting fish netting operations, provided the operations are conducted in a safe and prudent manner and in accordance with Section Six (B), Vessel speed not to exceed reasonable speed under existing conditions. Under no circumstances, however, shall commercial fishing vessels be operated at greater than idle speed within five hundred feet (501J feet) of bathers. SECTION TWO: Amendments to Section Seven of Collier County Ordineuice No. 89 -11, as amended. Section Seven of Collier County Ordinance No. 89 -11 is hereby amended to read as follows: alg—TIQNT_UVEK: OF ONS, EOi1IPMEN`t FY"N7CAIS__ Ea V _9�± i �e_ :s? }�tD ADJ-Qj vc' _WA RS The safety and welfare of the persons that reside nearby the County's beach areas and of the public that recreate on the beach and adjoining waters makes necessary and appropriate the following regulations: A. Beach Vendor Permit Requirement. Any person engaged in the rental, leasing, bailment for consideration, or otherwise -3- Words underlined are added; words struck thratgh are deleted 12C 5 providing transportation for remuneration, of motorized or wind - driven vessel(s) for use by the public on the beach or adjoining waters of Collier County, including jet. skis and sailcraft, shall be required to obtain a "Beach Vendor Permit" from the County. A Beach Vendor Permit shall issue and be maintained upon the applicant paying such application fee therefor as established by the County by resolution and meeting the following requirements: (1) The applicant must have an operations office or headquarters located at a land -based location with direct access to the beach in the i-mmediate area where the vessels are being provided for public use. (2) The applicant must have and maintain a telephone or marine radio at its .land -based operations office. (3) The applicant must have a motorized chase boat with operational marine radio in good running condition that meets ail. U.S. Coast Guard safety requirements kept at vessel rental. site during all hours of applicant's renta operations. (4) The applicant must have and maintain comprehensive general liability insurance with coverage_ not less than the amount of $500,000.00 combined Single Limits. (5) The applicant shall prcvide a list describing and indicating the Florida vessel registration number of each motorized vessel applicant shalt place in service. Any motorized vessel placed in service fcr public: use after a Reach Vendors Permit has been issued shall have a Florida vessel registration number affixed thereon. (6) The applicant shall provide proof of having minimally one operational life vest for each occupant space on each of the vessels to be offered for public use under Section Seven of this Ordinance. The applicant is required to obtain a County occupational license for its operations office required under Section Seven of this Ordinance. To obtain an occupational license, the applicant must provide proof of having a current, valid Beach Vendor's Permit. B. Beach Vendor Permittee /Vessel User regulations (1) The rental or operation of a motorized vessel subject to the provisions of Section Seven of this Ordinance is prohibited to anyone under sixteen (16) years of age except for those children between twelve (12) and (16) years of age who may operate such vessel provided that the child's parent or an adult super,iisor over the age of twenty -one (21) years operates another such vessel to accompany the -a- words underlined are added; words - �- rongh are deleted. 12C 5 child. It shall be a violation of this Ordinance for any person to rent, lease or otherwise provide for money or money's worth a motorized vehicle to anyone except as provided herein. (2) The renter, user, passenger of or on any vessel described in Section Seven shall have on board an operational life vest while using or having such vessel in the water, and it is a violation of this Ordinance for any such person(s) using such vessel not to have a life vest on board. LL Etch rental P.W.c shall conspicuously display decal to exglain tie idle zone law within 750 feet off shore, the use o -jAle channels f,-om the shore to 752 feet-Q1 shore and the operating zone of at least 750 feet off shore. (4) All rental P.W.C1s�r us�Op� to wLU sto-C.�_mufflers or mufflers that are Qu;Ptar than stocY muffle s. (5) All rental P,W.Cs shat" sn.'ay a letter, number, logo, or other .identification that is large enou to readily identify the rental agency at a distance pL 250_ft?t L1 Each r(rnter will be regu red to ead and initial that .e /sYie understands the restrictions placed Upon P.W.Cs by this Ordinance and by Section 327.39, Florida Statutes. ia1 F- w.Cs must usp idle channels when available from the shore to the 75� foot 1'ne._Opera- ti�r of P.W.C_s n e}c�ess of idle_3peed. _ur oni all `waters o the Gul_ of Mexi <.o within 75Q f`�t c_shrre fry �:� sander bea hes aid hor,e _frQnt _h_4J)LiUg areas, s p� hi.bited. ctj.o_�+ 3 -�7 3 �. F>�r Ada Statutes, recnires -jT a _easonabind prudes manr.�r__ F;3neuvers W�lph- 11DL�alaCTl �rias.;z2iily endanger Vie, limb or aro�a�tY. includna but�c�� meted to, weaving tb rough congeste�-Y-.Pgsg1 * llims�ing the wa e of another vesse anr��n _Oab�y of t�,ngssaiy chose to _uch ease_ ±r�gIL�b><b1�L�L' slrcZun sum —vessel and awe,rvinq at Ile last ._s_i.bl� more Ygjjlsion_co_stitutes rFc %less o- "pez-atin�o�_ a yesse�_._ In the event this Ordinance conflicts with any otner ordinance of Collier County or other applicable law, the more restrictive shall. apply. If any phrase or portion of the 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. -5- Words underlined are added; words are deleted. IeC 5 SECTION FOUR: I7- j,USION Ili-TO THE CODE OF LAWS ANll 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 work "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVe EFFE911VE DATE This Ordinance shall become effective upon filing this Ordinance with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ,_ day of , 1996. ATTEST: DWIGHT E. BROCK, CLERK BY Deputy Clerk. Approved as to form and legal sufficiency: Thomas C. Palmer Assistant County Attorney - 6- BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA BY___ CHAIRMAN Words ,.underlined are added; words stz•vo}r-throucj$ are deleted. omm F73� r z z OF PAGES (including this cover) 2C 5 1111111111 fill] H III fill] llllIIIIIIIIIIIf III II !1111111111111111 TO: Ms. - rFmTZ7LdFA�AH — LOCATION: KAPIZS DAILY FXWS F7LX NO.: 263 -4864 COMMENTS: 1 fill IIIIII Ill IfIIIIIIIIIIttllllIIII III' tllll lIttt1IIIIIII1111111 FROM: ELLIE HOFFMAN - MINUTES b iECORDS __r— LOCATION: Collier. County COUrtho'IsE.' FA.X NO: (81 -3) 774 -8408 PHDNENO: (81�) 774 -8406 696 69? -� F3 i aE-:C75 -ia 3 068CP74k30E%70061�141 r i 1 -r7 12: 38 I J2 -0]21 00° 01 ' 2,1 �- 6 !6:-5 00°02'2© a�1 X43 �7i6 rk I 111 ]2 --031 10:16 !30 yr'L1 i I tk7° 02 08 °2634eG4 32 r,4i 01 0690c"0'A300e09A141 _12:32 -i -- 1 —_ 3k L- 3-1- - -- C JC f08R72 Date se:It j NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY, JANUARY Boardroom, 3rd Floor, Admin-i.stration Building, Col Government Center, 3301 East Tamiami Trail, Naples, of County Commissioners will consider the enactment Ordinance. The meeting will commence at 9:00 A.M. proposed Ordinance is as follows: 12C 5 14, 1997 in the lier County Florida, the Board of a County The title of the AN ORDINANCE AMENDING ORDINANCE NO. R9 -11, AS AMENDED, "THE BEACH AND WATER SAFETY AND VESSEL CONTROL ", BY AMENDING SECTION SIX: VESSEL REGULATION TO INCREASE THE AREA RESTRICTION ON JET SKIS FROM 500 FEET TO 750 FEET OFFSHORE; ALSO AMENDING SECTION SEVEN: REGULATION OF CONCESSION OPERATIONS; EQUIPMENT RENTALS AND VENDORS ON THE BEACH AND ADJOINING WATERS TO ADD ADDITIONAL REGULATIONS REGARDING RENTAL OF PERSONAL WATER CRAFT; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is 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 JOHN C. NORRIS, CHAIRMAI'N1 DWIGHT E. BROCK, CLERK By: /s /Ellie Hoffman, Deputy Clerk (SEAL) Naples Daily News Naples, FL 33940 Affidav"t of Publication BOARD OF COUNTY COMMISSIONERS FINANCE DEPT. -KATHY ARLOTTA PO Fax 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 -652330 57414754 NOTICE OF INTENTTO C State of rlorida County of Collier Lefore the undersigned authority, personalty appeared Nina Iverson, who on oath says that she serves as the Assistant Secretary of the Naplra Deity News, a daily newspaper published nt Naples, in Collier County, Florida : that tht, attached copy of advertising was published in raid newspaper on dates listed. Affiant further says that tte said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day erA has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or coporation any diRcount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Pl1BLISHED ON: 01102 AD SPACE: 5.417 INCH FILED ON; 01/02/97 Signature of Affiant 12. C 5 itOTiCE OF INTENT TO CONSIDER ORDINANCE Noilce Is hereby given that on TUESDAY, JANUARY 14, 1994,llsIft. n ft E {�rdrrpoom 3rd Fkar, A W1 CVV- 7er, 3�b1 E(Wi Torr Tir,11. W0111, da, tt:e board of C Carimis~.s w5I cansidr 0,0 ehqft� Of a Ccm*f Ord A.NL The tole Of Of ff* PrWW4 Or *00 Is 9! lickwic AN ORDMAMCE AMENDING ORDI- NANCE- NO. 19.11 04 AFdwZWX-:D "rW BEACH AND VJAiFR SAFETY' AND VESSEL CONTROL" BY AMENDING i SECTION SIX: VQ46 REGULATION TO INCREASE THE AREA RESTRIC- TiOt: r)N lET S,vtS FROaA 390 FEET TO 750 FEET 0,•FSHN_ ALSO AMFWE} 1t,; SECTION SEVEN' REGULATION. OF CONCESSION OPERATIONS, EQUIPMENT RENTALS AND VEN• I DORS ON -iHE 3WA AND ADOW ;NG WATERS TO ADD ADDITIONAL { RECWLATIONS REGAP.DiN:. RENTAL X. PERSONAL wATEP CRAFT' PRO - voW,, FOR CONFLICT AND §EVER - ABA TY• ALA PROVIDING &N EFFEC- IWE DAB E Ordtmrx is an Flk A capl 4f c =Board xA ` tivob >bk wiRt N1► C1 . kMwkm AN >» nKlrvOed Put," are Jr- Ion Ow dtcI&S tc WPeal a dedskxi rf 1»a Booed w% Imod a record f tit9 ore' ITM n Ger'.n� 9 td a Yor' itrre e, maY need .ttl.etnure � balbtl record of ",, protxailO is mope, 40 record MxkA" the kslkw aslA M rAov i Wm whkh ft coped is to be OF COVIM CAMWAK R5 R COUKrY FLORIDA 1"tESO. RR�.EJ"CX!fiAR7 lift H9fi~ffgit, ^veDIItY Clrt� ,2 No. 9117115 Sworn to and Subscribed before me this day of �j�.• 191 ! ' 11ti .hrMk Flainigen r " r C USSiON ! y 508'87 EXPIRES Personally k na m by we __. _ Febnwy 19. 20M ': 60NXD Trott T" rug sa�rsacs, K " s i ��i - .. �• \ ;�. _. ! ...J ' T! / t" i T" ,jay .• �r `� r► $ '' 4 t f �.. >j .. .. _ J .✓ t �r / i .r ��r \..' '. tar• ��r J";.. 1 f � .s r tt ♦ . IY , ,.a y r s f < T • + f ^ l .. 'l�Y 1. .'yy,,•� •r j$$j1 � � 11`S, I t d_ ... i -, � `.�' r -ct•- � ,.�' - �'� ` ,1a .1. \ t -� `�,"� } ! ,,ro ,t•`'� � • may• � T + 3 A ': � , ' .. ! r /! i; � �- � °I ,y�. /, +• 'it `� 4+. a Jett• � . •�' '✓ ! �.. T v�. - � / .a ^ : , wawa • -- ' "'�`!!lr��\!`� � � _ , j - : • _ `v F • a, , - / _ t S i './ is 1. l "'� 1 {, t ,P. •�. �+' , , _ " e i. ,' •."` ?. \ i. )'. .�, -} � e• °� L`l 1, _ /a - F - '. - t • r , 1� J ,t � i r _ - l•-° � ..,1 _- S;: /..`''':'L a• t, r -... _ - �.T_�.1 ..1`� • �i. .�, _ - '• "e•r - `. a. •' , '•, �r - ti• BEACH LOVEItS...PHtOTIECT OUR BEACH FROM THE NOISE AND DANGER OF JET SRI RENTALS RETURN TRANQUILITY TO OUR BEACH PHONE YOUR COMMISSIONER AT 775.8097 AND REQUEST 1) Firstly, get rid of the legal loophole: amend ordinance 89 -1 1 so that beach vendors of jet skis and other engine powered vessels continue to be required to obtain annual permits from Parks and Recreation but not occupational licenses, as is done in county parks. It is a privilege not a right, to operate rentals on our beaches. 2) That our commissioners not allow CONCESSIONS of noisy, motorized or engine powered vessels on our beach and that the Marco Island beach front area be restricted to launching quiet, wind or muscle-powered recreation. 3) That should the commissioners continue to allow rentals of jet skis on the beach front, the noisy engines only_be operated on even days of the calendar week, so that every other day is designated as DAYS OF TRANgUiLLiTY, thus acknowledging the RIGHTS of people who enjoy tranquil teach da_v,... - 4) and that a ?1 county vendor allowed Jet ski rentals bt restricted to -Nt) BOUNCE SPEED " *. "no sudden or unnecessar turns -, and a maximum speed 01'20 mph in front of our homes, our gue* st lodgings and our residents beaches. `'`Tote: As the j °t puma hits, R wave it bounces out of the water and you Hear the loud, ;rrita.tirtg NEE NET': INEE NEE NEE ...a blight upon p iradi;;e. ,: I -,�a PUBLIC HEARING ;: TUES+DAT', FESkllARY 25th at 9:00 A.M 4 (3rd floor of Government Center - 8 stor —; white building) Corner of US 41 and Airport Road, Naples. Florida TO "WEND O 1Nx%NCE 89 -11 (BEACH & WATER SAFETY 1: 'iTESSEL CONTROL) PLEASE---YOUR PHYSIC U PRESENCE IS 'IMPORTANT Paid for by Gary tat Lisa Garnion. Pt..jple For ,- ranquiltty I1.0. Sox 2528. Marco Island, F? 34146 -ueath stirs concern Personal watercraft get tunnel vision, ' Truplio s,�,Id SKI "That's when you have problerm. 7,477 personal That can be exacerbated with inex- It. i 178: to perienced drivers. ::('7:c" as ]t%,1,!..-.�,, cl,tsC A Other sl;!tos, ;ncluding -,id, them itre trggest sellers bG in in in Inc riiianf�e n(JL,SIi',V and raised in 7 a 'L v,o cont,':.Vclsl. ov(,): Ix)w 12 from hike, • .Y)ert:i and st CU;(� tx-, ."cqAi;-e you;i,�-, thi-,,:� 16 t' r 14() Sales I Sales of personal W personal watercraft In 1995. ciersonal In FILM,;J, hCr" 12 f;11 wworcraq comprised -4- c I Pe:-sonal watercraft can change 1 ;reez.c.ns so sharply - even ::o,i %v.,y spar ked ,k !it n pulling c- complete 160-drg,'ee turns Wh:1,2 ✓1 sikirrim.,eg tl�,, water near top speed the: ni"'or vessel operators nearby and 'Lin, pe.-son; CU1 t nt)L:!paC %ith-lre they're going. k- 'They ',r. fun as long as You can han-fl, L!tiem a;-,,I vou know what they can ar:d can Ct (in. They're unsafe, I wi-,c:i not too sure,' sa,(! Jasnn '03'-'ljg SUrer', iSO,' at 7% C. Vlk fl.: K, 'Ob,. :ou.,I,: , ;t; nor Jt:L SK, that cjuiios the jcL,:A:nt t."C p(1%(o, Although the craps have sidf-view :znrors mounicd low on the steering MI.S. they are difficult to . !ow at 0 1 Ul in ;peed, and n).iny operitoris don't look wc, :hc:r noio, 0 MaAlnil U. n, �, i,.,, -A ;or of tunes they let going so fast thoii lust look straight ahead and Personal watercraft get tunnel vision, ' Truplio s,�,Id boom "That's when you have problerm. 7,477 personal That can be exacerbated with inex- A boorn in the pcpulani-y of perienced drivers. --,rsonal watercraft, like JetSlo. k-ve Other sl;!tos, ;ncluding -,id, them itre trggest sellers bG in in in Inc riiianf�e n(JL,SIi',V and raised in 7 a 'L v,o cont,':.Vclsl. ov(,): Ix)w 12 from hike, • .Y)ert:i and st CU;(� tx-, ."cqAi;-e you;i,�-, thi-,,:� 16 and 87,989 total 14() Sales I Sales of personal W personal watercraft In 1995. ciersonal In FILM,;J, hCr" 12 f;11 wworcraq comprised water bike:, ! :i,t ':car smi;i:i. 14-- tine - thrd cf all new bo ::o,i %v.,y spar ked ,k !it n s;ani;iiint, :i- 00�Powerful, and 'Lin, pe.-son; 12C Tuesday, July 16, 1110 In 1995, there were 200 7,477 personal 100 watercraft and 90,85 18C total vessels registered. In 1994, bG there were 5,587 160 personal watercraft and 87,989 total 14() vessels. 1110 Retail sales of persor vivalercraft: Si. 100 SB(A.5 laillk 5618 million million bG 19q3 1994 19C Average ccics, of personal watercraft: $5,700 In 1995. ciersonal wworcraq comprised tine - thrd cf all new bo watercraft are quirky machines Uvi. -4m- ; 20 take some F-:jctice to master ------ -, "It si-i=s .,'Ie ::'s re ,d cay, 0 -;c 9i 91, �2 94 95 '10r,ldo state P,irk dl:ll 'he !,:gg(', IFLj With up to 110 horsepower, the vc:;- But slow down by letting off the sell ran accelerate fast enough to give a rider whiplash, and man * v are throttle -- a common defense move capable of carrying three people or used on most other vehicles - and putting a water skier, the machines immediately lose their Crank the handlebars around and bility to turn hit the throttle, ard the machine digs its nose Into the water and plows I I k ii I 11j,"'i ll)t� 'A 1:ijiC] turn with ir rnc�,,t % shriek and ;I !i, i it I ir.ino r 5-1! it ;!;c :.mc p I't n c s (1 -.1 o. r vis 1`lk,- -t o:f the thtuqtx and fist -w sold in Ill United Stal Ganrar.,-he Detitv. Into me With the ninii-s of the first fa fresh on th(,:r ininds, water h "Ust".111111.1 N.1id thry thought req (raining would be a good idea '%`,hcn .1 corne mit here to rids At ciiitiotis,' ,aid Kcll,• Block o rora at (N!rTy Creck fieservoir. W(MIA) 1ki-ICORDS VOR CALIFORNIA PAj-,-rr-,Ni--Q ftruRA171z1VVQU1"1704 To o"'. oe� OP J= W-11 RlWrJ .E3 YOM "LP Is PIEiTAM a �J PH=X COWaissii"r Norrin at 774 -8097 and request ( leave measage, secretary will tally Cails): 1. Firstly, get rid of the legal loo ?ptc:le: amend Ordinance 89 -11 so that beach vendc.rs Of .jet Skis and other engine powered vessels continue to be required to ob *_rein nnnunl pet-Rita tro Parks and Recreation k��r�t oG t�} � 1_ .censer. Only annul permits are required of ve;icaors in aur r,ounty parks. It :s a privilege, not a right, to operate rentals on our ba3ches. 2. That our commissioners nor allow concessions of noisy rsotorized or engirrel Powered vessels on the Hai-cn Island ?mach front and that the beach front area b" restricted to launching q}1iet, wired or nusel.e- powered rer_reatA on. . � �� 14 4� 3. That should the commissioners continue to alluw re:,ta:ts of jet skis on `she beach, the noisy engines onl.v be 52Rfa�tl�s�2Tl_IFi do," of the calendar week, so that evory other day is designated as DAYS OF TRAXQUILLITY, thiis acknowledging the 8z of people who enjoy tranquil beach days... 4. and that all county allowe%i jet skis rentals be restricted- to BOiJNC�'L "_ �a�tl`._LiBClttS�`? , ro odd � , _�gLII�E. " and a 2AAiMLU9-A2tAdof ao,igh in front of our howoa , our quest lodgings, and our residents breaches. (*Note: At the ;et pump hits a gave, it bounces out of the water and you hear the 1o;ad, Irritating NEE NEE NEE NEE - -- a blight lipon ?aradi.810. ) Ir. '�.TC = (M 2►ZORE3� RY 11 TUESDAY 9AX nt 3rd floor of G-ov't Centdr. (8 -story white building. corner of Rt. 41 TO AMEMD ORDIN .NCE 89 -11 and Airport Rd. ( BEACH & WATER SAF'ET`Y & VESSEL CONTROL', We need you there.v� ✓'' Please ... • 4 Thank you very much, Pimple or Tranquillity FL !C 12C 5 WAVERUNNER OPEWIMH Please indicate that you understand each of the following rules by placing a ✓ before the statement. OEtr ATIM: A. You must be at least 16 years of age to rent or operate personal watercraft lFionda law. chapter 327 02 slates that anyone under 16 years old cannot drive moicnted equipment, ever, with an accompanying adult ) B. There will be no changing of operators or passengers without beach attendant's prior knowledge and assistance. C. Do not follow behind other riders or let your friends follow you D. Maintain a distance of at least 100 feet from all other riders and other boaters You must ride alone Do not get close to other operators at any speed or come together even to talk __E. You must nbey the 500 -fool idle speed zone when departing and returning to the beach F. We reserve the right to terminate your rental for any of the aforementioned reasons. G. THE FOLLOWING WILL BE CAUSE FOR IMMEDIATE TERMINATION OF RENTAL. ,Spraying another operator or any other vessel, (don't even think of it') High speed operation Inside the idle speed zone. Reckless operation of the machine near swimmers or othn,r boaters. (a fallen passenger is also a swimmer ) Returning to the beach above an idle speed (except in an emergency), Straying out o! our designated zone ;more than three buildings either side of the Marriott), Continuing to ride without immediately picking up a tallen passenger I - Xij _�j. J Tr, a t� A. Be alert - watch for other boaters from all sides and behind you B. Stay away from the parasail boat; C. Do OM tum sharply without first checking in all directions, especially behind you __D Passengers will be allowed Q y at the discretion of the attendant on duty __E. Take care - ride slowly when small chilaren are passengers, especially in choppy waters r t __A. As the Individual renting equipment, I am responsible for any and all damages or loss of parts while equipment is in my possession B I agree to check over the equipment and point oul any cosmetic damage to the attendant prior to my using it. C In the event of a collision, I agree to pay Immediately the lower of two professional damage estimates D. i am responsible for damages caused by overheating. Overheating will occur if the machine has pinked up a shell in its cooling system The first indication of this is a clear "missing" sound along with a severe lack of power Shut off your motor Immediately should this occur! Here are some examples of minimal charges for cosmetic damage 5240 1 $280 54UU both sides The above minimal repair a stimates are based on cracks, tour inches or less. Cracks longer than four inches will be billed at $20 per inch If you do not understand any part of the above rules and regulations, please ask your attendant for clarification before signing this document. Your signature confirms that you understand and agree to the above terms and conditions Signed:_._____ _ _ _ Hotel/Cando Room f: Printed Narna: __ _i _ Witnassad try: __ 1210 5 ORDINANCE NO. 97 -. _I- AN ORDINANCE AMENDING ORDINANCE NO. 89 -11, AS AMENDED, "THE BEACH AND WATER SAFETY AND VESSEL CONTROL ORDINANCE," BY AMENDING SECTION SIX, VESSEL REGULATION, TO INCREASE THE AREA OF SPEED RESTRICTION ON JET SKIS FROM 500 FEET OFFSHORE TO 750 FEET OFFSHORE; ALSO AMENDING SECTION SEVEN: REGULATION OF CONCESSION OPERATIONS, EQUIPMENT RENTALS AND VENDORS ON THE BEACH AND ADJOINING WATERS, TO ADD ADDITIONAL, REGULATIONS REGARDING ALL VESSELS PROPELLED BY MOTORS RATED AT TEN HORSEPOWER OR GREATER; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING; AN EFFECTIVE, DATE. WHEREAS, Collier County Ordinance No. 89-11, as amended, regulates the operation of jet skis within a distance of 500 feet from the Collier County beaches and shoreline bathing areas and specifies requirements for rental of jet skis in those areas: and WHEREAS, recent irresponsible and sometimes dangerous operation of privately owned jet skis and, in some instances, rental jet skis, at a distance of 500 feet from the beaches and shoreline bathing areas have become an unacceptable and recurring nuisance to bathers and landowners in those areas; and, WHEREAS, it is now apparent that operation of jet skis within 500 feet of the shoreline is too close to the shoreline to abate the nuisance aspects of the irresponsible operation of jet skis; and WHEREAS, there are unacceptable and unavoidable enforcement problems regarding enforcement of' ordinance prohibitions against individual operators of private jet skis; and WHEREAS, it is necessary to abate the nuisance of irresponsible operation of'private and rental jet skis in the vicinity of the Collier County shoreline, that the current restriction line of S00 feet from the shoreline must he moved seaward to the distance of 750 feet of the shoreline; an(! WHEREAS, notwithstanding the good faith efforts of most renters of jet skis to eliminate irresponsible operation of rental jet skis by their customers, it is Words underlined are added; words sHelE are deleted 12C 5 necessary to abate the nuisance of irresponsible operation of some rental jet skis, that the current beach vendor permittee regulations applicable to the individual operators of rental jet skis be amended to include additional age and safety regulations; and WHEREAS, personal watercraft, by virtue of their size, speed, maneuverability, noise type and level, and their increasing numbers, present special problems affecting other boaters, bathers, and the general public health, safety and welfare, which special problems have been recognized recently by the Florida Legislature as evidenced by recent amendments to Chapter 327, Florida Statutes, imposing additional regulations affecting personal watercraft. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENTS TO SECTION SIX OF COLLIER COUNTY ORDINANCE NO. 89 -11, AS AMENDED. Section Six of Collier County Ordinance No. 89-11, as amended, is hereby amended to read as follows: SECTION SiX: VESSEL REGULATION A. Operation of vessel in excess of idle speed prohibited. I . The operation of any vessel, or sailcraft, in excess of idle speed, as defined herein, in (,r on all waters of the Gulf of Mexico within five hundred feet (500 feet) offshore from all sandy beaches and shorefront bathing areas is hereby prohibited. Said prohibition shall be effective and enforceable regardless of whether or not such area is designated by appropriate sign, buoy or other public notice. 2. !et ski regulation. No p -rso ) snail operate ajet ski: a. closer than -54 0 Z.0 feet perpendicular from the water's edge except to go to and from the shore or except in a vessel corridor designated under subsection (3) hereof, nor 4,a4 proceed to QL fi= that portion of the Gulf beyond 500 feet at a speed greater than merely necessary to effectively traverse the breaking water, and from all distances from 500 feet to 750 feet from-the shore at any Safe speed under the then existing conditions but nUt to cxcecd 2S? miles aer houL or 2 Words uajujul -A are added; words swuek t#eugh arc deleted. 12 5 b. in an unsafe, reckless or careless manner endangering the life, limb, or properny -f any person. 3. Vessel corridors. The following areas of the Gulf adjacent to the beach closer than 500 1-50 feet from the shore may be designated as being exclusively for vessel use between dawn and dusk daily: a. 'niose areas of Tigertail, Vanderbilt Beach and Clam Pass County Parks and such other parks and areas designated and posted by the County Parks and Recreation Department as vessel corridors or use areas. 4. Beach launch of vessels regulated. No person except a law enforcement officer, authonzed emergency personnel, or other person actually engaged to a rescue attempt shall traverse the beach with a motorized boat or jet ski a*d ol launch such vessel from the beach from an unauthorized launching area. A 1�s�tiQtu��s�t.tth�z� z�ci_1 atuich�ils`Sor�:z__�i�d�� 5. Mater Skiing. No person(s) including the skiers) (anyone being tov:ed on a line behind a vessel) and the vessel operator(s) shall water ski closer than 500 feet from the edge of the beach directly on the Gulf. 6. Sailcraft, including sailboats, windsurttx>ards, and sailboards. No person shall operate a sailcraft closer than 500 feet perpendicular from the water's edge where bathers are present except to go to and from the shore by the most direct means possible in a .,afe and reasonable manner. 7. Regulated areas. No person shall operate a motorized vessel or sailcraft within an area which has been clearly marked by buoys or some other distinguishing device for bathing, swimming or which has been otherwise restricted by the County, provided that this subsection shall not apply in the case of an emergency or to a patrol or rescue craft. B. Vessel speed not to exceed reasonable speed under existing conditions. Nothing contained in this Ordinance shall be construed to authorize or approve the speed of' any vessel or sailcraft in excess of that which is reasonable and proper under the existing Conditions or circumstances including, but not limited to, the presence of water skiers, bathers, fishermen, natural hazards or other water traffic. a Words undS:111acd are added; words sIr+161k — E11r6ki gh are deleted. I 2 5 C. Exemptions. The following shall be exempted from the provisions of Section Six of this Ordinance. 1. The provisions of this Ordinance shall not be construed to prohibit the operation, racing or exhibition of vessels or sailcraft during a publicly announced, properly authorized, supervised and adequately patrolled regatta, speed trial or exhibition. 2. The operators of Law Enforcement or rescue vessels or vessels operating under emergency conditions shall be exempted while conducting official duties or operating under emergency conditions. 3. Commercial fishing vessels are exempted while conducting fish netting operations, provided the operations are conducted in a safe and prudent manner and to accordance with Section Six (B), Vessel speed not to exceed reasonable speed under existing conditions. Under no circumstances, however, shall commercial fishing vessels be operated at greater than idle speed within five hundred feet (500 feet) of bathers. SECTION TWO: AMENDMENTS TO SECTION SEVEN OF COLLIER COUNTY ORDINANCE NO. 89 -11, AS AMENDED. Section Seven of Collier County Ordinance No. 89 -11, as amended, is hereby amended to read as follows: SECTION SEVEN: REGULATION OF CONCESSION OPERATIONS, EQUIPMENT RENTALS AND VENDORS ON THE BEACH AND ADJOINING WATERS The safety and welfare of the persons that reside nearby the County's beach areas and of the public that recreate on the beach and adjoining waters makes necessary and appropriate the following regulations. A. Beach Vendor Permit Requirement. Any person engaged in the rental, leasing, bailment for consideration, or otherwise providing transportation for remuneration, of motorized or wind- driven vessel(s) for use by the public on the beach or adjoining waters of Collier County, including jet skis and sailcraft, shall be required to obtain a "Beach Vendor Permit" from the County. A Beach Vendor Permit shall issue and be maintained upon the applicant paying such 4 Words underlined are added; words stFuek ugh are deleted. 12C 5 application fee therefor as established by the County by resolution and meeting the following requirements: The applicant must have an operations office or headquarters located at a land -based location with direct access to the beach in the immediate area where the vessels are being provided for public use. 2. The applicant must have and maintain a telephone or mar-uric radio at its land -based operations office. 3. The ,applicant must have a motorized chase boat with operational marine radio in good running condition that meets all U.S. Coast Guard safety requirements kept at vessel rental site during all hours of applicant's rental operations. 4. The applicant must have and maintain comprehensive general liability insurance with coverage not less that. the arnount of 5500,000.00 combined Single limits. 5. The applicant shall provide a list describing and indicating the Florida vessel registration number of each *motorized vessel applicant shall place in service. Any motorized vessel placed in service for public use after a Beach Vendor's Permit has been issued shall have a Florida vessel registration number affixed thereon. 6. The applicant shall provide proof of having minimally one operational life vest for each occupant space on each of the vessels to be offered for public use under Section Seven of this Ordinance. 11ie applicant is required to obtain a County occupational license for its operations office required under Section Seven of this Ordinance. To obtain an occupational license, the applicant must provide proof of having a current, valid Beach Vendor's Permit. B. Beach Vendor Permittec'Vessel User Regulations /Generaj IRMMIMM Me ' i2perator Ae,L-Rcstri.=as-- ii�- W—PtQ_Qperation of All Y&ss_e!s -:z ith_±Q-Emlzpower or Gr �t _Q� reauirecj �v ss11 :Si9�3�Z. `3� 1�ciila,StaLtftes� u9til9QiQbf1 01..the rental tQ or operation of a motorized vessel sr4je} et to t}ae e�i`�ie*ns- er t1�i -seF40,n pD_Wf t:L_h4,_ a motor of_j) h=,f4,ower or gt eris r�>•,QhIhiLcd-IQ-anyone raradef l- 6- fear-s -ef age bQ �fl si�pt�mj�L Q�l`�$Q.�Itd on or after October L 2001. a pers ott 21 vS�t��Lag,�or v 2tuiter unleSS that oer5�71 ilas_ hisQ r�Ls�sSiQC�ithcia; the vesselpjojQg=hk identification and a�Q�ter sai�iy identification carte jij 5 Words undaliard are added: words stwel hFou H are deleted. I 2C 5 pur�u�i. �v��y��ti�; � ,�.�c3�?��_LLoridri�tattr�..9c eft slob ;ie;.sQn.4�f44c*se chi hetwee 1? aid 1f� yea � cue -whe ma"pe such vessel pft/;deEl-t-lhat-# n Lica-sL n ears of agF; ;w the Ch4416 person's parent,_ or a n alt }lt supervisor 0iE'f i�l� —Eke H —�1— year -o-per tcs : +�jifier -sue l�- vessel -to �flft} 93f} �f-- Ehe- 6�}tl�— 'iH�f?F- 3£`r�H�'i 1�i j�a�S O? 3jc or olds. ho is Qither exc frs»th��s�surcrn Lsszf sub s��ti 3.2:,?•395. F1or�c1B�1g1�ct�.. __Qr�as_�_��lid�.4.ateL�taf�.Iy isle ntifis:_a Iis�n _ s. and _ � s�� -iod_ �ar�iaaitt.�_1hLt_�t,h:t�l i Q n�. ao.C, hat oe u _d-u n12 012SiIalmnSiLthc--Y-S cl -auf als.umes all respans;:nili.lY for ��tis�n�i�ttior. that rr�_v %-,c-ur duri"--Ihat cep-,zutiQa of that_i -c-as-�l. h shall be a violation of this section for any person to rent, iease, or otherwise provide for money or -- +vnrh__ohia consideration a motoned vehicle to anyone except as provided herein. The renter, user. passenger of' or on any vessel described in Section Seven shall havz or, board an operational life vest while using or having such vessel in the water, and it is a vitiation of this Ordinance for any such person(s) using such vessel not to have a life vest on board. fety instru;,tion� a�h_1LY�rx.m;:s�_als�r�vssi� pLe _L1S�.h�eLSa2etY 1111? r11�LS��atld _S:�lely�.nfQII]22SiflAi�e�S1] erso; h reni�a � �Lpsz red by _=,Ql lu scpowcr or ueat(L �.__ I2ilRl rt x9lg�tiial�[;< LS4ci��imilir��atiQr�F .a�hl!:r,Iai iet._.ski�nu�ts�rt�W.�ao�slys isplav�� ::��.t'ia; sne��timiS iI1SS�tictions that aRRl�; �i> �itLalLta�L��.��siist�n..��z�; she sr_s�ryy The�ced_1rlstr�cliomulLhe essiiv _Yisitzi�isztll� Q"mtor of the rental jet ELL w en tb&,� _orator i� th in ,- 9�;�atine oQSiiiQnQn_1he�;�ki. i _�1�_ul Hers on l�entaL�el_ k11`Each rental iet ski niust_ajWaX� ,2pst�LC�li]L -stock mufjets_Qr-iAith mufflers that are quieter Than tsZCkanu0&111 E aol1 renter -QL_w_ Ft_Ski_- 1wsl-Lcad �Ld initial that he /she urj&S.rstands the spced aild c_ peratiQn ress ns lan ced upsm o=ation of jet skis by this Sech= �iid/or by Chzpter 3.2Z, Ehrida Stn tit L fZ&Wal Jet Skildeaalilimon Markdigs. Face rental 1et skid= display _tderttiiving _�Stt'ls_13t1siL4I _I1t1u1hetl_ that identifjC specific iet ski.__- L• a1^ �_- i. deiZlitteat :on._numt�r_andLar�itQt. IUdematI. loco. and/or cmpaay name m tlt;_at least fQur (�,j ine,he -, in height and mast contrast , h lts�i Gkgi -j�od color so as to be easily visible at- asiiltance of ) 50 fze hy- a.pf-rson witji 2 /2Q-�1sim Words ttndeliined arc added; words are ricleted. 1?r 5, 8ll Szf 1 sss ±��zis�szr�bv Rcrial 1cS. is� tslLts:ntal let ski must use a whenever as bdr Qr� La ��ilaiilQ Maimum a11QAab1t --s= in thes4rridQL�iii'.in ��2f the shore as the s1DAv&,5I sn:ed at which 1 C ODQr�tQr_.Qatt e e�IiYCiY �S�ntrQl_Ihejet sk: and 5e -ab s`IQ_? the 1?reaking watu— and at all di5lanQ-c�ftQrn.590 C=L1Q-15A2ful fpm the shore. operate a any safe speed._b- uLaoLla c=: iw-entk ( 0 ) miles p-uh.QuL y. -� Operation All ielskis iust_bs s2p�tec-i" teasona,`zle and prudent manner at all times. Maneuvers whict, u=-asQl1ab),nnecessarily endanger 1_ife, limb, or property. i.n dudiug weaying inV the -wake of anadwLse!i nnQ "ssanly_d se to such vessel or when risibility around - cl vessel Js cbstructtd, or. the veucLj.5 —=a1es in a manner that requires iatenti9A'll_swervin� at_SiZS..J.asLmornent�Q�YQid colliSlQI1. miatiJu-tsleck,!�ss onerl iQU �f ei.�ki��ze�uilimit �tQ�e els tJ1s1�_�Qn <_111� twQ1�.lu�gfanSS- SECTION THREE: CONFLICT AND SEVER.ABILITY 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 the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: INCLUSION INTO THE 'C'ODE 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. -1-he sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" -nay b, ct rnet•_' o "section," "article," or any other appropriate word. SECTION FIVF: F.FVECTIVE DATE State. This Ordinance shall become effective upon tiling with the Department of 7 Words underlined are added; words sEw+k thFOugh are deleted. 12C 2C 5 PASSED AND DUIN ADOPTED by the Board of County Commissioners of Collier County, Florida, this i I th ... day of _ rvt,-uary 1997. ATTEST: MvVIGHT- UFQCK, ""'I,ERK •eput), Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TIMOTI-Vt T-.-'IIANCOCK,(--q,,'\IIZMAN Approved as to form and iegal sufficiency Tliomas C. Palmer Assistant County Attorney 8 Words uod=UD-ad are added; words atniek ihfnuo are deleted. 1Z� 5 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 tru4 copy of: ORDINANCE NO. 97 -12 Which was adopted by the Board of County Commissioners on the 11th day of February, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 12th day of February, 1997. DWIGHT E. BROCK Clerk of Courts and.;C:lerk ' } Ex- officio to Board-'of County Commissioners By: ' Ellie Hoffman '/0 :`��• Deputy Clerk (7u,v n (? Lulllcr 1. unty, rlurld• RF.QUF.ST rOR LECAL AMTRTISIMC nF PUALIC HEARINGS mPlratr place thr followlna as a: wr .w•vrs Norual Legal AdvertLaesKnt / / Other: Originating Dept /Divr PUBIS WORKS _Parson) 1.2C 6 (Display Adv., location, etc.) Il /:die�•�Sn Dotal /- 7- 9 7 (SLgn clearly) tYfY rf.•eMft +}'eMMf M't*�9-►A?tM1f�1.1?1Y!'M+MfMt^ 7'F.'a1 ►yM1Tw *?Of�.'M.Ff1'fMM1 Petition Ile. (If none, give brief 4escription)i pETITION AV 96 -025 eerraaeea Petitioner) (Naar» fa address)r !-o\, ! WOODWARD, TRUSTEE 1 AuREL OAK DRI7r—,7T"r-717=-- NA MSS , FL 34108 !taste i Address of any persons(s) to be notified by Clsrk'e Officet�SEE ATTACHED (If more space Deeded, attach separate slheet) hearing "fora / X / ECC 1 / Dbl / / Otber _ �esvt++ a++tan•asaw T0TF4fM1MMaaYr►►M *Ht4VYM� , Uglmated b^arin.g d.ste1__2111 /9_- _Eased on sdvartisesent r,Mmotring 1�L days boon be In ;. Mewp,per(s) to be usedt (Complete only if Lsportaat / X/, / X/ Naples Daily news or lap I ly required /X /) / / Other s*sasw+++rrra+w rr�sen,e++++wM• , ay- a.+rMYrr a•►s- a,o-ero -a�rtiM Proposed Tula (Include legal description 6 carxm location 6 s4a)1 PETITION AV W -025 BURT L, SAUNDERS AS AGENT FOR OWNER, MARK WOODWARD, TRUSTEE, REQUESTING* 7..'-T'U�I'JU7UP RUAV RIGHT -OF -WAY AS SHOW14 ON A STATE ROAD 45 RIGHT -OF -WAY MAP RECORDED IN ROAD PLAT BOOK 2, page 112, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Cospenton patition(a), if a", 6 proposed hearing data! N/A re•:+ wa+y a�+ w++ ae�e* ee+ r+'+ t►+ wa •we++++.- ..- r...•a+rsrr.,r,,+ rer..rr..e Does Petiti!+tt Pee Include Advertising Coati Tee / X ( No / If yes, what account chould be chargid for advertising costs 101- 163510- 649100 a+�...+.•.. rt .- .+- ..e.y.,'.rr.. rya•. �...+.- r.. wr•..- .,�s...ev- r.+..•r.. -.�,+ ..- .•. +..-. Reviewed by: `i Approved by: Division F4M - /!/• / / /GUC_ Oar.e% County Manager Date RAYMOND W. MILLER, P.E., AC INT ,, ADMIN. List Attachments :(I) EX SUMMARY 2 (3) PETITION W ATTACHMENTS H . M- Y. w4' ati- 1" f' tf' et9Y'► r1MY .Yl1H'��Hy'M'.1�i'ifVMtt'.M�Y DISTRIDVr1ON— TNSTRUCT101tS A. For hearings before 5CC or E7-1: Initiating person to roeplete one copy and obtain Division Held approval before submitting to County Manager. !+ Er I( lc ;al docunx nt is Involved, 'De lur, that any necessary legal review, or request for seers is submitted to County Attorney before submitting to County Manager. The Manager's Office will distribute coples: /)(/ County Manager agenda file; / X/ Requescir.g Division; / X/ Original to Clerk's Office B. Other hearings: Initiating Divlelon Head to approve and submit original to Clerk's Office, retaining a copy for file. �^ �o+•►. M+.• � •a,rr�+- r.��.s•rs�+- a- rrsewe. -a ..+w..taa- �..- ..v+•.- .....� FM a•ERX'S OF71Q USE OM1' Darr RrCelrtd C•rr A wtrrl and /�/ I 2 AGENDA ITEM TRANSMITTAL SLIP Date Submitted JANUARY 3, 1997 Requested Agenda Date 41 FEBRUARY 11, 1997 APPROPRIATE HEADING (CIRCLE CANE): (d) Approval of minutes, (5) ProclamaticnS x Presentations, (6) Clerk. (7) Public Petitions, (8.A) Community Development 1?. Environmental Services, (813) Public V!/ork0131 C) Public Services. (8D) Support Sewices, (8E) County Manager, (9) Attorney, (10) BC::, ! �) ether Constitutlona Officers, Public Hearings, (13A) BZA Public Hearings, (136) Conditional Use, (14) BCC Communications, (15) Staff Communications, (onsentAgencl Requested By f �� o �I- 1377��+�r7 ate �.L�L. Reviewed B ~� --"" _Date l.i� � -7 r. Division Head Date _. Ma lager RAYMOND W. MILLERS T.E. Date Etem Title _ PETITION AV 95 -025, BURT L. SAUNDERS AS AGENT FOR OWNER, MARK WOODWARD, TRUSTEE, REQUESTING TON 0 _A_PURTIQN OF ROAD RIGHT--OF--WAY AS SHOWN ON A STATE ROAD _45 RIGHT –OF –_WAY MAP RECORDED IN ROAD PLAT BOOK 2, PAGE 112, OF THE PUBLIC RECORDS EE: COiJNTY , FLOEtIDA . List of Documants Attached 1. Ex -utive Summary (required) 2. RESOLUTION 3_ PETITION W /ATT'ACHMENTS M5-S 13 5. 12C 6 EXECUTIVE SUMMARY PETITION AV 96 -025, BURT L. SAUNDERS AS AGENT FOR OWNER, MARK WOODWARD, TRUSTEE, REQUESTING VACATION OF A PORTION OF ROAD RIGHT -OF -WAY AS SHOWN ON A STATE ROAD 45 RIGHT -OF -WAY MAP RECORDED IN ROAD PLAT BOOK 2, PAGE 112, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. OBJECTIVE: To obtain Board approval of the Resolution for the vacation to allow property to be combined with an adjacent parcel in a future PUD. CONSIDERATIONS: A petition was received by the Transportation department from Burt L. Saunders as agent for owner, Mark Woodward, Trustee, requesting the vacation of the public interest to ingres- legress over a small triangular shaped portion of right -of -way for State Road 45, also known as the Tamiami Trail, located on the southeast quadrant of the intersection with Wiggins Pass Road. The original road alignment was altered, creating the corridor known as Old U.S. 41 into Bonita Springs. The State Road 45 was functionally reclassified as a County Road and conveyed to Collier County as recorded in Road Plat Book 2, Page 112. The proposed vacation area south of Wiggins Pass Road, as shown on the attached maps, has no reasonably foreseeable public need. The petitioner is requesting the vacation of the public's right to ingress/egress only and all easement rights are to be retained The Petitioner desires to include the property of the proposed vacation with the adjacent parcel when applying for a PUD to clarify ownership. The petitioner has filed the petit on pursuant to Section 336.09, ior'da Statutes, and is requesting the requirement of evidence of paid taxes (for the roadway) be considered waived. Lettcrs of No Objection have been received from all pertinent utility companies, Collier County Engineering Review, Utilities, Planning Services, Sto,mwater Management, Sheriff, and North Naples Fire Control R Rescue District. The Transportation Department has revievred the petition and has no objection; subject to recognition that right -of -way area of 1,255 square feet is isolated by Wiggins Pass Road and 6- laning Plans for U.S. 41 shall require use as a drainage easement. Zoning is C -2. FISCAL IMPACT: None at this time GROWTH MANAGEAIENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners approve the Resolution for Petition AV 96- 025 to vacate the above - described road right -of -way, authorize the execution of the Resolution for the vacation of same by its Chairman, direct the Clerk to advertise the adoption of the Resolution within 30 days, and record the Resolution, proof of publication of the notice of the public hearing, and proof of publication of the notice of adoption in the Public Records and make the appropriate marginal notes on the road plat and direct the Clerk to record a certified copy of the Resolution in the Public Records. PREPARED BY. ��.�'� %�� ✓L �t� DATE: /- 7- 9� Russell . Muller, Engineer I PREPARED BYE— _ DATE: —2 G. F. Archibald, P.r., Transportation Director REVIEWED BY: DATE: Raymond W. Miller, P.E., Acting Public Works Adr-,rnistralor RDM 1GFA1mk/121996;ES AV 96 -025 doc Attachment(s) PETITION FOR VACATION OF ROAD RIGH S -OF -WAY Date Received: - -- Pet.iticner: Mark Woodward, Trustee Address: 801 Laurel Oak Drive, Ste. 640 City /State: Naplers, Florida Agent: Burt I- Saunders Address: 801 Laurel Oak Drive, Ste. 640 City /State: Naples, Florida 12C 6 , Petition #:AV -4. -025 Telephone: 566 -3131 Zip Code: 34108 Telephone: 565 --3131 Zip Code: 34108 Road Name: A portion of State Road x`45 Location: Section 15, SW 1/4 Township 48 S Range 25 E Legal Description: SEE ATTACHED CERTIFIED LEGAL DESCRIPTION AND DIAGRAM Reason for Request: The original road alignment was altered, resulting in there being ne reasonably foreseeable public need for the sinall triangular shaped portion of right -ef -way described herein. The Petitioner is Tru_tee for the owners of all of the land surrounding this small triangular shaped parcel. Petitioner is desirous of applying to the County for a Planned Unit Development for the overall parcel and must clarify the ownership of this triangular parcel prior to making the application. Petitioner is not requesting the vacation of any easements that may c,irrently exist in reference to this parcel. Current Zoning: C -2 Does this affect density? No I Hereby Authorize Agent Above to Repre ent Me for this Petition: Yes X No Signature of Petitioner Date Mark J. Woodward Print Name (Title) 12C b , RESOLUTION NO. 96- RESOLUTION FOR PETITION AV 96.025 TO VACATE A PORTION OF ROAD RIGHT -OF -WAY ON A PORTION OF STATE ROAD 45 AS SHOWN ON THE RIGHT -OF -WAY MAP RECORDED IN ROAD PLAT BOOK 2, PAGE 112, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes, Burl L. Saunders as agent for owner, Mark Woodward, Trustee, does hereby request the vacation of a portion of road right -of -way located on a portion of the Slate road 45 Right -of -way Map as recorded in Road Plat Book 2, Page 112, of the Public Records of Collier County, Florida: and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of said road right -of -way 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 shall only affect the public right to ingress/egress and all other easement rights shall be retained; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owner.,; arid WHEREAS, the vacation of the triangular shaped porficn of the 1 SO -foot road right -of -way iocated on a portion of the State Road 4E Right -of -way Map, as recorded in Road P!al book 2, Page 112, of the Public Records of Collier County, Florida, would benefit the gene al public welfare and is in the nest interest of the public in the following particulars: 1. Petitioner intends to apply for a Planned Unit Development for the overall parcel and must clarify ownership of the proposed vacation area NOVV, THEREFORE, BE IT RESOLVED BY THE BCARLI OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, trial the following be and is hereby vacated See Exhibit 'A' attached hereto and focorporated herein. BE IT FURTHER RESOLVED, that the County rese,ves unto itself an easement for the installation. maintenance and operation of drainage and utility facilities. 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 its adoption. BE IT FURTHER RESOLVED, that the Clerk is hereby directed to record a certified ccpy 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 on said plat. DATED: ATTEST: DWIGHT E. BROCK. Clerk Approved as to form and legal sufficiency Heidi F. Ashton Assistant Collier County Attorney RDWmk/12059696 /Res AV 96 -025 doc BOARD OF COUNTY COMN;i-SSIONERS COLLIER COUNTY, FLORIDA BY: Chairman r i Y y0 OK� „NFry 64y1•-N �Z ] � ZUO. cn� < <N� ar� C q tqn� < c �T� ”. lw b„z,'. *cwnczi< tJ li w¢¢� OL z� O �W�`hz~w�NIc��Z�'(S� R Lo T`w'<f� .,� S✓` Imo.. L i C''1 fr <T Q N - �_- ' c;cr� i <Nrc gj , U GG 4 Qo� ]W[ N S Ql Iz ��', L z Ila IQ 3 I 052 -IOCO •! c, i (Sr/ ,J3s a s ox,) 3N,i ]1St] � SiS�_ -010f0 r�J�IJIs NO as) 7 +/N nH7lst7 8 a tv 3 R 2 (11tM1 Inrinl l) U Z 2 !� 61Si -010(0 NOIlJ7S � S l cI S i z iJ Q Q m w °oJ u 'F COLLIER COUNTY GOVERNMENT 12C 6 PUBLIC WORKS DIVISION August 26, 1996 Woodard, Pires & Lombardo, P.A. 801 Laurel Oak Dr., Suite 640 Naples. Florida 34108 Attention: Burt Saunders 3301 E. TAMIAMI TRAIL NAPLES, FL 34112 (94 1) 732 -2575 FAX (941) 732 -2526 A CERTIFIED BLUE CHIP COMMUNITY RE: Vacation of Road Right -of -Way adiacent to the S.E. corner of the intersection of Wiggins Pass Road and ( T S. 4 ! . Dear Sirs: This office has reviewed your request to vacate the above referenced Road Riobt -of The Collier County Stormwater Department has no objection to the Vacation of the Road RIchts- of-lVay adiacent :o the S.E. intersection of Wiggins Pass Road and U.S. 41 as requested in your Memorandum to the Storrnwate- Mgmt. Dept. dated August S. 1996. The Storrr:.%vatcr Department stipulates liowever, :hpt we retain all existing drainage casement rights along saic' Right -of -Way. If you have any questions please fee] free to contact me at 732 -2501- Sinccf�ly, Bruce W. McNall Storrr-twater Management Coordinator cc: Thomas Conrecode, P.E., Public Works Administrator John Boldt, P.E., P.L.S., Stortnwater Manauernent Director COLLIER COUNTY GOVERNMENT PUBLIC WORKS DIVISION September 6, 1996 Mr. Burt L. Saunders Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 640 Naples, FL 34108 12C '6 1301 E. TAMIAM1 TRAIL NAPLES, FL 34112 (941) 732 -25;5 FAX (941) 732 -2526 A( ERTIFI ED BLUE CHIP COMMU`M Re: Proposed Vacation of Road Rights -of -Way; SW 1/4 of Section 115, Township 49 South, Range 25 East Dear Mr. Saunders: This office has reviewed your request to vacate the above referenced road right -of -way. The Collier County Water -Sewer District has existing water facilities in the area. We have no objection to the vacation of the public ingress /egress rights, providing that all Collier County utility rights remain in place. Should you have any further questions, please feel free to contact me. Sincerely, Cindy M. Erb Public Works Senior Engineering Technician cc: Edward N. Finn, Public Works Operations Director Michael Newman, Water Director Russ Muller, Transportation Services COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION Bw1dmF Review and Permitting (94 1) 543 -8400 Cexie Enforcement (94 1) 643-8440 Housing and urban Improvement (94 1) 641 -9350 Natural Resources (94 1) 7 32 -2505 PlanningSen•ices (941)643 -8300 Mlutton Control (941) 732.2502 Mr. Burt L. Saunders Woodward, Piers & Lombardo, P.A. 801 Laurel Oak Drive Suite 640 Naples, Florida 34108 12C 6 2800 N. HORSESHOE DRIVE NAPLES, FL 34104 A CERTIFIED BLUE CHIP COMMUNITY August 20, 1996 RE: Vacation of road right -of -way in the Vicinity of U.S. 41 and W'99ins Pass Road Dear Mr. Saunders: This letter is in response to your request for a letter of no objection to the vacation of the road right -of -way in the Vicinity of U.S. 41 and Wiggins Pass Road and further described in the legal description contained in vour letter of August 8, 1996. Please note that this review is from a planning standpoint only. From the information provided, it appears that the proposed right -of -way will not adversely impact traffic circulation or other planning issues. As a result, the Current Planning Stan has no objection to the above referenced right- of -�vay vacation. if you have any questions concerning this matter, please do not hesitate �o contact my office at 643 -8469. Researched and prepared by: Ray B ws, Principal Planner Reviewed By: / A •Z L � Robert Mulhere, Current Planning Manager i2C 6 COLLIER COUNTY GOVERNMENT COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DF-11SION Budding Review and Permitting (94 1) 643 -8400 (Code Enforcement (9.71) 643-9440 Housing and Urban Improvement (941) 64: -8330 Natural Resources (941)'32 -2505 Punning Services (941)043-83()() Pollution (,ontrol (941) 712 -2502 Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 640 Naples, FL. 34108 2800 N. HORSESHOE DRIVE NAPLES, FL 34104 ^lJC O eDgL,( P(01Mg(L'NLT' Attn: Burt Saunders RE: Vacation of Right -of -Way adjacent to the S. E. comer Wiggins Pass Road and U.S. 41 Dear Sirs: We have reviewed the proposed vacation as noted above and have No Objection to said vacation. If I can be of any further assistance to you in this regard, plea.,e let me know, Sincerely, John R. Houldsworth Senior Engineer --� cc: Russ Muller, Transportation Services 'D L \;)1_l GA1 t C'iZtL -, 1 rJ V__ 1 2 C 6 Eunfer *ff on Collier County Govt. Comp!ex Bldg. - J 3301 Tam(arni Trail, East. Naples, F133962 telephone (AC 81 3) 774 -4434 August 23, 1996 Honorable Burt L. Saunders Woodward, Pires & Lombardo, P.A. Attorneys -at -Law 801 Laurel Oak Drive-Suite 640 Naples, Florida 34108 RE: Proposed Vacation of Road Rights -of Way: SW 1/4 of Section 15, Township 4R S, l:ange 25 E, Collier County, Florida. Dear Mr. Saunders: Staff has reviewed your request for a let -ter of "No Objection" for the above described project. The easement to be vacated, is as described in your letter of August 8, 1996. for the property listed above. The Sheriff's Office reviews these requests to determine if the granting of the vacation will have any foreseeable negative effect on our ability to provide law enforcement services to the area. These services include emergency respor-ise, patrol, and traffic enforcement. So long as the vacation, either now or in the future, does not impinge on our ability to (�eliver these services, the Collier County Sheriff's Office has "No Objec +:ion" to the granting of your request. if the agency can be of any further service, please advise. DH:GY:jhm CC: File - BSaunders.lt off 'lorida W E S U P P C R T T H E F L O R I D A S H E R I F F S Y O U T H R A N C H E S A home for needy and worthy boys and girls C O L L I E R C O U N T Y J R D E P U T Y L E A G U E I N C. W E S P O N S O R C O L L I E R C 0 U tJ T Y E X P L O R E R P O S T x 6 4 12C 6 H s Noel ;.ht Naples Fire, CZD;1')" &ol &_ Rescue District k 1441 PINE RIDGE ROAD ' NAPLES, FLORIDA 34109 (941) 597 -3222 f LX Fax (941) 597 -7092 _J August 20, 199E (J7 Mr. Russell D. Muller, Engineer I Transportation Department 3301 Tamiami Trail East Naples, FL 34112 RE: Proposed Vacation of Road Rights-of-Way, S`X 114 of Section 15, Township 49 S, Range 25 E, Collicr County, Florida and more particularly described. and depicted on the exhibit attached hereto Dear Mr. Muller: In response to the request of Mark Woodward, Trustee, this it so advise that the North Naples Fire Control & Rescue District has no objection to Mr. Woodward's Petition to Vacate the Rights -of -Way as shown on the exhibit attached hereto. I f you have any questions, please contact me at 941 -597 -3222. Sincerely, es L. nes Fire Chi North Naples Fire Control & Rescue District JLJ/ksf P'A APL August 21, 1996 Mr. Russell D. Muller, Engineer I Transportation Department 3301 Tamiami Trail East Naples, Florida 34112 12C b P. 0. Box 413013, Naples, FL 33941.3013 Re: Proposed Vacation of Road Right -of -Ways; SW 1/4 cf Section 15, Township 48 S, Range 25 E. Collier County, Florida and more particularly described and depicted rm the exhibit attached hereto Dear Mr. Muller: In response to the request, of Mark Woodward, Trustee, this is to advise that FPL has no objection to lair. Woodward's Petition to Vacate the Rights- of- N'v'ay as shown on the exhibit attached hereto. if you have any questions, please contact me at ( 941 ) 434-1291. Sincerely, S.W.Tynski Distribution Designer Naples Operations / FPL an M Group company DEC 65 '96 13156 231 DIAL ADM P.AI 12C 6 ,;. ' =It November 14, 1996 Slot 2477 nxpki. Florida "I1 A Mr. Burt L. Saunders Woodward, Fires & Lombardo, P.A. 801 Laural Oak Drive, Suite 640 Naples, FL 34100 RE: Petition to Vacate - Road Rights -of —dale SW 1/4 of Section 15, Township 489, Range 25E, Collier County bear M:. Saun3erst United Telephone Company of Florida han no objection to your petition to vacate the roved rights -of -way _ascribed on the attachment, If we can be of any further assistance, please contact ate at 941- 263 -6342. Sincerely, -j Lfk� �An T. Reynolds Engineer -OSP Engineering Attachment iTR: to cc: Easement ?il* Chron File Pt4t4l, " WL-4 fax trar:srrJU memo 7r1J1 10 a pope 12C 5 t.3 Continental. hmmmaw Cabl+evision P.O. Box 413018 • 301 Tower Read Naples, FL 33941.A18 Phone: (941) 793-9600 • Fox: (441) 793-1317 j _s September 3, 1996 Russell D. Muller, Engineer I Transportation Department 3301 Tamiami Trail East Naples, FL 34112 RE: Proposed Vacation of Road Rights -of -way, SW 1/4 of Section 15, Township 48 South, Rangc 25 East, Collier County, Florida Dear Mr. Muller: In response to the request of Mark Woodward, Trustee, this is to advise that Continental Cablevision of Southwest Florida has no objection to the petition to vacate the above referenced road rights -of -way as shown on the attached exhibit. If I can be of any additional assistance, please ca!I me at (941) 732 -3801. Sincerely, r Nestor M. Martin Director of Engineering and Construction NMM /jdr Attachment FW-J ; y�- xipi.F�RD, v I F+E56LCF'IFAISCI� 10 : 1 "431 R9 1'?96 • P9- 78 r rl S v Lag LA 0 � x H 1�4�Ix i � r i Rw.au+ wvti) � EAMRIr Fr ua � taro++ wino- nro +azo• YH —' e� � M �7 bI k r? � '12C 5 ITS St ' • f Q 1 r 4 C . a �aa 9 q Aq lIRSAsgalI pis tO Ell RaX1 lit i a pt R nx.'- 1WpypyiQV3JI,Cp�pb ;�L i4 12C 6 j9 , 1996 Burt L. Saunders, Esq. Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 640 Naples, Florida 34108 Re: Proposed Vacation of Road Rights -of -Way; SW 1/4 of Section 15, Township 48 S, Range 25 E, Collier- County, Florida and more particularly described and depicted on the exhibit attached hereto Dear Mr. Muller: In response to the request of Mark Woodward, Trustee, this is to advise that as a Frc,perty owner along the southern border of the right -of -Jay, I /we have no objection to Mr. Woodwar.d's Petition to Vacate the Rights -of- -way as shown on the exhibit attached hereto. If you have any questions, plsase contact me at Sincerely, �ti r�� J7T f7 /�• I %' ✓'%. ..5 .. •�J/ / S 7 /�'��/�i %J, ._.•� �% L -XA"'1.k" O..d This' Instrument prepared by: Mark J. Woodward, Esquire Woodward, Fires d Anderson, PA 801 Laurel Oak Drive, Suite 640 Naples, FL 33963 (913) 566.3131 12C 6 1910648 OR: 2094 PG; 1009 11COLD10 11 0111cUl UCOLDS Of COLL111 c09RT, 1L 01110/35 at 01:1111 D1IGO 1. II0cI, CUU tic 111 11.51 DOC -.10 .10 14 to : MIST 717LI a A13TUCT rice up THIS OUIT -CLAIM DEED, executed this ;L � day of July, 1995, by MARK J. WOODWARD AS TRUSTEE, first parry, to MARK J. WOODWARD AS TRUSTEE of that certain Land Trust .Agreement dated March 1, 1989, with full power and authority con!etred on the Grantee as Trustee under the provisions of F.S. 689.071 to protect, conserve, and to sell, lease, encumber, or otherwise to manage and dispose of the real property hereinafter described, whose postofflce address Is 801 Layrol Oak Drive, Suite 640, Naples, FL 33963, second parry, (Wll.t.var Wad Mr the 1--MN WtY .rd'aacond D.rY .nal hc..da a.7hr .rd Wur Y. Ma.. Np.l .a.rryr.4 MNtIIrN, .nd tli..ucc.a.or. .nd .a.lpn. d co,paatlan., .away.. 11v cortr.,+ w .dmna a r.p,Ir.a.t Witnesseth, That the said first party, for and in consideration of the sum of $ (0.00, In hand paid by the said second parry, the receipt whereof is hereby acknowledged, does hereby rernise, release and quit -claim unto the said second parly forever, all the right, title, interest, claim and demand which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being In the County of Collier , State of Flot!da , to-wit.: See ausched Exhibit 'A' TO HAVE A, "JD TO HOLD the same tcgether with all and singular the appurtenances therounto belonging or In arrnaise eppertalnlog, and all the estate, right. tl:1e, interest, lien, equlry, and clelm whatsoever of the Said first party, elther In law or equity, to the only proper use, benefit and behoof of the said second parry forever. IN WITNESS WHEREOF, the said first party has signed and sealed these presents th9 day end year first above written. Signed, sealed and dafP -vexed in the presonce of: Print Name: 11 /rF Print N te: % / STATE OF FLORIDA COUNTY OF COLLIER ark J. Woodward, as Trustee, and Individually The !oregoing Instrument was acknowledged before this ) r� day of July, 1995, by MARK J. WOODWARD who Is personally known to me did take an oath. Print Name: Notary Public Commission No. _ N-11 1GL, o►' My Commission E>pir p► L �Zf of tyaC►%Cf��n��N� tJ� G4�Y i �vM+ P W (SEAL) PREPARATION OF DEED ONLY WITHOUT OPINION OF TITLE THiS DEED 1S TO CORRECT THE MANNER IN WHICH THE GRANTEE HOLDS TITLE TO THE PROPERTY WHICH WAS NOT FULLY DETAILED IN THAT CERTAIN WARRANTY DEED RECORDED IN O.R. BOOK 1253, AT PAGE 911, OF THE PUSUC RECORDS OF COLLIER COUNT); FLORIDA 12C 6 OR; 2094 PG; 1010 ix* LEGAL DESCR,F'.1ON I L ^�. Lr Or parcel or Id'�d lying anil he:nq In the No Northwest Gf the LhveSC Of Sec 10 n 15. 'rownsn :p c.Ith, Range 25 Last, Col:ler County, Florida, and being more particularly descr rued follows. Commie ncing at the Northwest corner of the Nor I1),,est Jr Lhl• Northwest o: the Sou thwesL j or said Sect 1u u1 SUUCn 00° }7' 05 C'NsL a distance of 456.45 feel to a puIIIL; thence run Soutn 891 56 IS" East a distance of 1.10 t e e L Lc Ln PLACE OF BEGINNING, SaId point lying on the Easterly rlynr wd line cf 11.5. Route 1: �IId 1[1 a c eve to '.``.C' NC•,r i, nCd 0f1` IIIUe SCillln X19° 7U E, `i d dLStance Ali '1 2. - -' L :> Lhe as: I ne Of the Northwes'. cf t::e Nr>t Lr1we�I �� Lhe SLIULhwesL of said Secric,;i thence run Scu!h 0U° }6 �u" f -as: along said East ine, e distance of 214.13 fee: to the Su,,Lh line of L h e ,. ^rthwest of the t4orthwes ; of Lne Southwe5r , ..Jt sold Sec' I(J1'.: thence can North 891 56' S0'' West dlonc said S— n Line ,i atstince of 63:.81 feet. to the Easterly right of way I Ine t)f U.S. Route 4i hence run ;forth 01° 00' 29" west along the Easterl/ right of way line of U.S. Route 41, a distance of 22. "'9 feet to t'�e point of curvature of a curve to the ,O(neast; thence runnlnq in a Northeasterly direction along the Easterly right of way line of U.S. Route 41, following the curvature thereof a distance (said curve having a radius of 5679.65 feet, an arc of 191.43 feet and a central angle of 01° S5' S2 ") of 191.41 feet to the Place of Beginning. Less and excluding that ;�Orrlon Of Lhe above described real estate previously conveyed cu L h P State of F I j rlda by Deed recorded in Official Records Book. 518, Page 315, and less and excluding any additional land teal. ias been condemned by or conveyed to the State of Florida, i)t1 ui before November 8, 1983. EXHIBIT "A" SLL /102140 -C3 a.d This instrument prepared by: Mee J. Woodward, Esquire Woodward, Pires, Anderson 3 Lombardo, PA 601 Laurel Oak Drive, Suite 640 Naples, FL 33963 (813) 568 -3131 12C 6 1910646 OR: 2094 PG: 1006 1ICO111ID it 0111CIAL 11CO1D1 Of COLL"' COOITT, IL 01110 "55 At 05:11A1 D1IG11 1. i10cl, CLI11 11C 111 10.50 DOC .10 .10 IttD: 11117 TItL! i ADSt1ACT IIC! C'T THIS OU1T -CLAIM DEED, executed thls_�,y � day o! August, 1995, by MARK J. WOODWARD AS TRUSTEE, first party, to MARK J. WOODWARD AS TRUSTEE of that certain, Land Trust Agreement dated March 1, 1989, with full power and authority conferred on the Grantee as Trustee "or the provisions of F.S. 689.071 to protect, conserve, and to sell, lease, encurnber, or otherwise to manage and dispose o/ the real properly herelnaller described, whose postoffice address is 801 Laurel Oak Drive, Suite 640, Naples, FL 33963, sec" parry, (Wlw~ v.wf lwW n 1/w t•r... T,.t pwW rd 'Y Ct d pWtr Oh" V. L64 w�tr u.0 P• %L n ., 1•%w .—u— •/.O •. Jryr A V.214 N. V. r,cc•••or• •,d .••qtr d cnPa•1Vx.•, .t_r V. -*.A •...6R . « ,.cµ•w) Witnesseth, That the said first parry, for and in consideration of the sum of $ 10.00, In hand paid try the said second parry, the receipt whereof Is hereby acknowledged, does hereby remise, release and quit -claim unto the said second parry forever, all the right, title, Interest. clalm and demand which the said first party has In and to the following described lot, piece or parcel of !and, s1tuate, lying and bJln,(; In the County of Collier , State of Florida , to-wft: Sao attached Exhibli 'A' TO HAVE AND TO HOLD the same together with all and rJngular the appurtenances thereunto belonging or In arrywfse apperta ring, and all the state: right, lftle, Interest, Ilan, equlry and claim whatsoever of the said Rrst party, 610er In law or equity, to the only proper ase. benefit and behoof of the said second parry forever. IN WITNESS WHERECF, the said first party has signed and sealed these presents the day and year first above written. Shined, sealed and delivered In the presence of: Prinal� t.rn,J t�_�_ Mark J. Woodward. as Trustee, and lndivi dually Print STATE OF FLORIDA COUNTY OF COLLIER The foregoing Instrument was acknowledged before this day of August, 1995, by MARK J. WOODWARD who is personally known to me did take an oath. Print Name: Notary Public Commisslon No. >` My Commission f tF of ��1N 1401 ►C'CppN FXQ () PREPARATION OF DEED ONLY WITHOUT OPINION OF TITLE THIS DEED IS TO CORRECT THE MANNER iN WHICH THE GRANTEE HOLDS TITLE TO THE PROPERTY WHICH WAS NOT FULLY DETAILED IN THAT CERTAIN QUIT -CLAJM DEED RECORDED IN O.R. BOOK 1516, PAGE 231, OF THE PUBLIC RECORDS OF COWER COUNTY, FLORIDA. 12C 6 OR, 2094 PG. 1001✓ WH I61 1 "A'' PARCEL 1: Ail that tractor parcel of land lying and being in the Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of Section 15, Township 48 South, Range 25 East, Collier County, Florida, and being more particularly described as follows: Commencing at the Northwest corner of the Southwest 1/4 of said Section, run South 00' 37' 05" East along the West line of said Southwest l/4 a distance of 244.22 feet; thence run South 89^ 55' 45" East a distance of 12.80 feet to the PLACE OF BEGINNING, said point lying on he Easterly right -of -way line of U. S. Route 41, and lying on a curve to the Northeast; thence continue South 89° 55' 45" East a distance of 620.10 feet to the East line of the Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4; thence run South 00° 38' 50" East along said East line a distance of 214,13 feet; thence North 80 56' 15" west a distance of 629.91 feet to the Easterly right -of -way line of U. S. Route No. 41, said point lying in a curve to the Northeast; thence running in a Northeasterly direction along the Easterly a Sht -of -way or U. S. Route 41, following curvature thereof a distance (said curve having a radius of 5679.65 feet, an arc of 215.44 feet, a central angle of 21 10' 20) of 215.44 feet to the PLACE OF BEGINNING. The above described tract having an area of 3.07 acres, more or less PARCEL 2: Commencing at the Northwest corner of the Southwest 1/4 of Section 15, Township 48 South, Range 25 East, Collier County, Florida; Thence along the East and West 1/4 line of said Section 15, South 89° 55' 05" East 34.02 feet to the easterly right -of -way line of U. S. 41 and the PLACE OF BEGINNING of the parcel herein described; Thence continuing along said East and West 1/4 line, South 81 55' 05" East 598.16 feet to the East line of the Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4 of said Section 15; thence along said East line of the Northwest 1/4 of the Northwest 1/4 of the Southwest 1/4, South 0° '38' 50" East 244.13 feet; thence North 89° 55' 45" West 620.10 feet to the Easterly right -of -way line of U. S. 41; Thence running along the easterly right -of -way of U. S. 41, Northerly 244.93 `eet along the arc of a circular curve concave to the East, (having a radius of 5679.65 feet, a central angle of 2° 28' 15 ") to the PLACE OF BEGINNING. The above described tract is subject to an easement for ingress and egress over the northerly 30.0 feet thereof; containing 3.41 acres, more or less. LESS AND EXCEPTING that portion thereof previously conveyed to the State of Florida for the Use and Benefit of the State of Florida Department of Transportation by Deed recorded in O.R. Book 517, Pages 180 and 181, of the Public Records of Collier County, Florida. SUBJECT to restrictions, reservations, and easements of record and taxes for the current year. g' o O -- i. co . 0 -o 0 G ^J rn 0 0 :00 o ISO on O CD — YX rn -° o D Q N m w N J E4 GptlC \`�S. G FAX TO:-- --- LOCATION! FAX NO -- I.00ATTON: COI,L3_ffit CONY COURTEC'IQS13 FAX NO: (941) 774 -8408 pf#iS FiU: 941 774 -8406 DATE SE'Ti : Tl= SENT: 12C b # OF PAGES 3 (INMUDING THIS COVER) NU. DATE 01 -21 01 -2� ST. T 1 h1E 09 :20 0929 -TUTAI T ] hf RR6R 00°02;14 00°01 59 1 D _ STATUS aP�S 92634864 3 92634864 GK 3 DEPT CDDE CDhTt. CODE 13 15 799 800 801 802 803 01 -21I 01 -21 01-21, 09.34 0`3:50 10:47 00°01'48 00.02' E14 00°01'x4 92634864 I UK 3 92634864 OK 3 92634854 _ 2 15 269CO10000008P 268C010000008A00 4 804 10:0 0FJ'00'S0 92634864 1 268C010000006A00 8 1 -21 1!01-21 10:52 00.00'50 92634864 926`34864 � 3 14 806 1 -21 10:53 00'0'2'00 TnT" nPf,9 19 1.2C 6 January 16, 1997 Ms. Judith Flanagan Naples Dailv News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public hearing to consider Petition AV -96 -025 Dear Judy: Please advertise the above referenced notice one time on Sunday, January 26, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Bar'niretti, Deputy Clerk Encl. F.O. No. 700897 12C 6 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, FEBRUARY 11, 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 -96 -025, Burt L. Saunders as agent for owner, Mark Woodward, Trustee, requesting vacation of a portion of road right -of -way as shown on a State Road 45 right -of -way map, Section 15, S.W. 1/4 Township 48 South, Range 25 East., recorded in Road Plat Book 2, Page 112, of the Public Records of Collier County, Florida. All interested parties are invited to attend, to register to speak and to submit: their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Sue Barbiretti, Deputy Clerk (SEAL) 12C 6 January 16, 1997 Mark Woodward, Trustee Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 640 Naples, Florida 34108 RE: Notice of Intent to consider Petition AV -96 -025 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 11, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 26, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: Burt Saunders I2C 6 January 16, 1997 Burt L. Saunders Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 640 Naples, Florida 34108 RE: Notice of Intent to consider Petition AV -96 -025 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of Country Commissioners on Tuesday, February 11, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 26, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. CC: Mark Woodward Nm TO LOCATION � �I FAX NQ- FAX M: (941) 774 - -8408 PH(X+7.B NO: (941) 774 -8406 DATE SENT : /-z `? n rvv CUM" • ) / S 12C 6 ' # OF PAGES S ( INC LUDMG THIS COVER) L� T 1 ME AB ID STATUS tGPGS DEPT CUR- I -L"-i• wvt. NO. DATT . T IhE TOTAL 834 02-5: a2 00°01'ai 94165 5792 OK OK 2 06SC00800000BA16 835 02-6:44 00001'45 r92634864 OK 3 06800080000eeA13 836 02 -03 17:51 00°01'55 00°00'49 4 94x.99703931 OK I 1 06CC0080040e6A00 8.37 02 -04 09:57 °02'33 9419970393 OK 2 06CC008004006A14 838 02 -04 i0: 00 00 00 °01'34 -T 9419970393 OK 1 6 06E0008004006A00 11 839 02 -04 10:05 840 02 -04 12 :53 00 °04'20 941 263 76111 OK OK 3 0680008000008A11 841 02 -05 09:21 00 °01'49 92634864 13 842 02 -05 12:11 00 008'41 92634864 941°9717x01 0FCC00£3004006A10 x343 02 -05 15:18 _OK - OK 3 06CCO0�400EA14 844 02 -05 16:41 9419971700 OK 4 068CO0000000SA11 845 02 -06 13:46 92634864 OK 3 068C008FA0063A16 846 02 -10 11:21 n1124 92634864 1 268C0100�10003A00 847 02 -10 11:35 92634864 OK 3 06008F30000;3G113 848 02 -10 11:36 92634864 849 02 -10 1509 00°02'21 °02'15 92634864 9419970393 OK 3�� OK 3 06CCO08004006A11 850 02 -11 16:59 00 OK 3 851 02 -12 09:13 00'01'58 92634864 Tr1TN Mnf "C C1 L� 12C 6 February 12, 1995 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue=_ Naples, Florida 33940 Re: Notice of Public Hearing to readvertise Petition AV -96 -025 Dear Judy: Please advertise the above referenced notice one time on Sunday, February 23, 1997 and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Sincerely, Sue Barbiretti, Deputy Clerk Encl. P.O. No. 700897 12C 6 PUBLIC NOTICE Notice is hereby given that on the 11th day of February 1997, the Board of County Commissioners of Collier County, Florida, adopted Resolution 97 -077, re Petition AV -96 -025, pursuant to Sections 336.09 and 336.10, Burt L. Saunders as agent for owner, Mark Woodward, Trustee, requesting vacation of a portion of road right -of -way, as shown on State Road 45 Right -of -Way map recorded in Road Plat Book 2, Page 112, of the Public Records of Collier County, Florida. Resolution 97 -077 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 COMMISSIONERS COLLIER COUNTY, F�CRIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK., CLERK By: /s /Su_ Barbiretti, Deputy Clerk (SEAL) Naples Daily News Naples, FL 33940 Affidavit of Publication BOARD OF COU14TY COMMISSIONERS FINANCE DEPT. - KATHY ARLOTTA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001210 - 700897 57426801 NOTICE: OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, nersonally appeared Nina Iv,trson, wno on oath says that she serves as the As :0stant Secretary of the Naples Daily News, s daily newspaper published at Maples, in Collier County, Florida: that the attached copy of advertis,ng was published in said newspaper on dates listed. Affiant further says that the said Maples Daily mews is a nev"Fsr published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first pubticatim of the attached copy of advertisement; aryl affiant furt►+er says that he has neither. paid ror promised eny person, firm or c000ration any discount, m rebate, cemissior, or refund for the purpose of securing this advertisevent for publication in the said newspaper. PUBLISHED ON: 01/2: 12C b t NOTX7- OF PURK FEARRI(i 40ft Is hW*Y 0" %* the 800►d of CM* Caimndl«lbum d 00110 C A* Wm holes a plat Nwinp an TUESDAY; 1997. In ffie East Mtrt *Tf �11� for' > On of r" Wav ca,th" an a ROW 1! ►Of r Sa1C�an 1 S.W, 1/4 Town 4t sm^ Ronpt 9S ff*P.I* Ratafi t Cdlor ,- �wsi+l, do 'All MnlOreslto ppfs art -kwW is at- 110 ,jPW*- aid * wbrtal 'heir y. aw , In wrlsf b ff fe 3wd 10 2 rarl�A�N -�10J % a1Q10� a ?�iDn 01 Mfe 0�� IYfR flMasi NC�,1a+I0Ca1r�d f� af�N4 1nN>fyl SR6[ O�1Y0'� -- tigm' ratald p>f " RE wdh�Is afq toad► fOOV4 ihclud:s AN Cased. up0r wAad+ the epMd Is to be BOARD OF COUNTY COMMISSWNRS COLLERCOUNTY FLORIDA TMOTHY L M466 C AIRMAN D WY.rl1T E IBROX,._ K B,r. /s/ Sue Barbitrf m�, EN Chair Jart ry 26 No. 931102 AD SPACE= 4.161' INCH FILED ON: 01/2 1' /97 +---- ----- ._---- - - - - -, -------------------- Signature of Aff iant -Lv Sworn to and Subscribed before me this ,i day of -.'�' _ 191 Personally k— by me * ** 2154374 OR: 2290 PG: 0497 * ** R;CORDID in Ot?ICIA1, WORDS of COLLIER CODMTT, FL 03/04/97 at 119:52AX DVIGHT I. BROCI, CU RI RIC III 6.00 COMIS Mc Retn: CLIRI TO TV] BOARD IITIRO[tIC] M 1L00R 111 7240 M: "r „;•. Judtf+ A. Flanigan rA ° MY COMMISSION R CCM97 EXPIPIES s•: P`•: ` Febn;arf 19. 2000 " BONMO TMMJ T.t Y FAM M&AWACI, MC. RESOLUTION NO. 97-1-7 6 RESOLUTION FOR PETITION AV 96 -025 0 VACATE A PORTION OF , ROAD RIGHT -OF -WAY ON A PORTION OF SPATE ROAD 45 AS SHOWN ON THE RIGHT -OF -WAY MAP RECORDED IN ROAD PLAT BOOK 2, PAGE 112, OF THE PUBLIC RECD 1RCS OF COLLIER COUNTY, FLORIDA. WHEREAS, pursuant to Sections 338.09 and 336 10, Florida Statutes, Burt L. Saunders as agent for owner, Mark Woodward, Trustee, does hereby request the vacation of a portion of road right -of -way located on a portion of the State road 45 Right -of -way Map as re, mlei in Road Plat Book 2, Page 112, of the Public Records of Collier County, Florida, and WHEREAS, the Board has this day held a public hearing to consider vacating a portion of said road right -of -way 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 shall only affect the public right to ingreWegress and all other easement rights shall be retained, and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other properly owners. and WHEREAS, the vacation of the triangular shaped portion of the 150 -foot road right -of -way located on a portion of the State Road 45 Right -of -way Map. as recorded in Road Plat hook 2, Page 112, of the Public Records of Collier County, Florida, would benefit the general public welfare and is in the best interest of the public in the following particulars. 1. Petitioner intends to apply for a Planned Unit Development for the overall parcel and must clarify ownership of the proposed vacation area. 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 incorporaled herein. BE IT FURTHER RESOLVED, that the County reserees unto itself an easement for the installation, maintenance and operation of drainage and utility facilities. 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 its 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 on said plat. DATED..: %. 7 ATTEST: DWIGHT E. BROCK, Clerk Approved as to form and legal suffi ency { Heidi F. Ashton Assistant Collier County Attorney RDMImk/12059696 /Res AV 96 -025 doc BOARD OF COUNTY COMMISSIONERS COLUEi2 L UNTY 4-ORIDa Timothy L. /Hancock, Chairman 2154375 OR: 2290 PG: 0498 11CORESD io OTTICII.L PICORDS of COLL111 C00111, TL 01/0U5i at 09:52AA DWIGHT 1. 51OC1, C1,111 Ric 1`11 31.50 COPHS 1,00 Retry: C11R1 TO THi 90ARD I1T110 ??ICI 11T1 ?4001 11T 7240 8R 00 m G) R� z r� Z c z p�oF o =aAR.� —V' I �n e Ln m c � 2 i O Z 0 z D CT Z o pvrr F, N�p> En v N C7 �Vi � A O N C P D U -1 m O Z m 4 11 loll "1 I w igill I ,i'17I N ! N � f V OR: 2290 PG: 0499 12C 6 I II s In CD v R S p . /4 V E' p I I EEG➢SON OSOtO -15,9 (TAIII Af/l :RAIL U x F ,z mId � 11 0 EASTERLY R/w LINE (5.R. P45) T - SEC IIPN 01010 1151 9 - - 5 00'3C" E EASTERLY Riw SINE - _ SEC71(xl O:Ot -750 �rrA1> U� Z a m m z,9 ,e? Imo rN! 1 -O lm �-- 3C' �c aNao"QFQ'1��'�� °c i q��Go4m o� z $ tl ^7� Y�°'4°vr 0 >n> >z9, °m mar All ^ r,Iq�8;.6.�� > V pJ> pp ££ p ,qAs�gpg��;� R � , � Z >• N3 �LQ Fi q >H Z �'# � Nit �� >_� 't,.>i o f vNL g � >2_� :1• pMmy S A 8E J:mS'�mnii `•11^•1 v �qr zyx O> ^ R � Q, > 'I A 4 t Preserving and enhancing Florida's quality of Ide s /ncO 1966 __ Tl� HOLE, MONIES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS OR: 2290 PG: 0500 12 C 6 PROPERTY DESCRIPTION! HMA FILE NO. 95.27 REF. DWG. NO. B -1885 6111196 A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER, COUNTY FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF THE SOUTHWES ( QUARTER OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA: THENCE RUN SOUL H 89'55'05' EAST, AONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15, FOR A DISTANCE OF 14.59 FEET TO A POINT ON THE EASTERLY RIGHT -OF -WAY LINE 'UF STATE ROAD NO. 45, A 200.00 FOOT RIGHT -OF -WAY, AS THE= SAME IS SHOWN ON THE STATE OF FLORIDA., DEPARTMENT OF TRANSPORTATION, RIGHT -OF -WAY MAP FOR STATE ROAD NO. 45, COLLIER COUNTY, SECTION 03010 -2519, SHEET 2; THENCE RUN SOUTH 1 °00'30' EAST, ALONG THE EASTERLY RIGHT -OF -WAY LINE OF STATE RCAD NO. 45 (SECTION 03010- 2519), FOR A DISTANrC E OF 30.01 FEET TO A POINT 30.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE SOUTHWEST- QUARTER OF SAID SECTION 15, AND THE POINT OF BEGINNIN = OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINE SOUTH 01 °00'30' EAST, ALONG THE EASTERI -Y RIGHT -OF -WAY LINE OF STATE ROAD NO. 45 (SECTION 03010 - 2519), FOR A DISTANCE OF 167.41 FEET TO A. POINT OF INTERSECTION WITH THE EASTERLY RIGHT -OF -WAY LINE OF OLD STATE ROAD NO. 45, A 150.00 FOOT RIGHT - OF -WAY, AS THE SAME IS SHOWN ON THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, RIGHT -OF -WAY MAP FOR STATE ROAD NO, 45, SECTION 0301 -250, SHEET 3, THE SAME BEING A POINT ON A CIRCULAR. CURVE, CONCAVE= SOU T HEASTERLY, WHOSE RADIUS POINT BF 4RS SOUTH 86 °26`44' EAST, A DISTANCE= OF 5679.65 FEET THEREFROM; THENCE RUN NORTHERLY, ALONG THE EASTERLY RIGHT - Oi = -VVAY LINE CF OLD STATE ROAD NO. 45 (SECTION 0301 -250) AND ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 5679.65 FEET, THROUGH A CENTRAL ANGLE OF 01 °41 "36 ", SUBTENDED BY A CHORD OF 167.85 FEET AT A SEARING OF NORTH 04`24'04' EAST, FOR A DISTANCE OF 167.86 FEET TO A POINT 30.00 FEET SOUTHERLY OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15; THENCE RUN NORTH 89 °55'05' WEST, PARALLEL WITH THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15, FOR A DISTANCE OF 15.83 FEET TO THE POINT OF BEGINNING, CONTAINING 1255.1 SQUARE FEET, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AS BEING SOUTH 89 °55'05' EAST. HOLE. MONTES AND ASSOCIATES, INC. j — /� eY �7,� J (_ P.L.S. #3741 THOMAS J. GA RIS STATE OF FLORIDA 10550 ASEn NATHY STFEET BON17A SPPINGS F'_OPTP 3391:1 X141- 9920'95 Fax 94+ SOW 232? C. W30FFlCSWl ,WaaOIxlBS1Y's.2M -16e5. DOC 2C X-c 41 Ei T RAW" Ir. PLA A JOINTA rl fl, r JVIS VILLAGE *0 la t IAM(M vvmw, y �, 7 - IMPERIAL REWI vo M"oA BONITA. mlo BAY Of Ni 7;, E Kz L W "V I A DEL NOPA ?I vwull KVIORS 2: TERRY cl cm F� S7. X-5 RPM" ;Q00DWIN ST bw 5 TR Z'v a j -9--w POW IMA I A r T n-Le M��Nu Two W� 1'r�; T b Mif R 0 souffik I - T 16 $ 37 SPANU WELLS 7— 12ypo - i LILY .o `s 1 seem sm (- Lime — ;as* womf w k I'll . 0. EM V. s lzb BONITA Hic*ory Say 67 SPRINGS ONITA 41 V. I'* OREt I LEE COUN- nwups COLLIER COUNry - �. �''�. � •,' :. \ � � f,� Lhr,_y� J I AtfDiRPn -. �..,. �... E _er�� T % ...,. ' IE IT 9C 9* F "-LU OF PAT F 0, FMAT F V. r - ----- -allow LA "V WPM% Fb.S 9 0 4 LA ME BA "A. McM ARE 4, VACA THE I IAV J� at A LUMAN cz-- winalw lis PASS KM WIPMEM10( AmAt m *IP *nwm EST EST UTI 01 my ; 1'. ; r, KM V"y ww- 04 PALO is KIM y. �Al 'T I dflT semls 1 'Amm, -W all c R b/ �VGVrV1�IV ri ...vim - MO MANE Pe KI I. *MAL COVE a IS z. RCI L COVE UNIT 2 II 7 ROERML MARK ►LNC.E VILLAS 117 12' 33 4, PARK PLACE 'NEST jrf J� %WAWM.." OR: 2290 PG: 0502 12 6 1 1 ; 1 [ [ fALf COORS[ 1 1 I I \� CCILF COURSE [ � ( SOI/ [ O•JRSE 1 _ S [A1 Golf COURSE BOULEVARD �wr O r F ^�� i _ 26 GOLF COUR!E 8 Qt .Y tSLAJJO CONDO. p O {IDLE COURSE j { f V • . .. . .... .... . •rr.a+ �.� ni"�'r��) � .. _ .. _ ... oR •�r•a[ us[R[.1 �3 �. 22 2 3 185 [ I 1 _ aUfj%[atNT .Al SEC Cm _ 15 s+[t" Z I.u+uu co:uEx COMM, FLORIDA Tom* - :_- 3 Aco.lt[o f DM.RII a. S�. a. IAN6[- J. coLrwc CO.V 1-0".n' aJ•tR•[l1:r1 [IVI I5 S Raf'1.E1. fLO410. 11ACTSO_ I[dJ 1' • �dJ OR: 2290 PG: 0503 A& - •m-� - ir,s rL _ low 2 i / 7 / / a , s�. /M� � • � " -III — Win. IIon Dr_, WA ED • ,T a OR: 2290 PG: 0505 12C 6 Y Ej �N S wuus.tNf rwr ,ecffoN_�_�:L_ - COMER COUNTY. FLORIDA towam a Otwrvfr ►� li,t •w+aa — - — S" 1. cc, lDnNO CONC.W • f, 1lr1310M D.11S, fll, Iv wS3lSiO4 01 tAR13 full 1" � NwKt3. IIOtfOw 4 . �n 72 t ED • ,T a OR: 2290 PG: 0505 12C 6 Y Ej �N S wuus.tNf rwr ,ecffoN_�_�:L_ - COMER COUNTY. FLORIDA towam a Otwrvfr ►� li,t •w+aa — - — S" 1. cc, lDnNO CONC.W • f, 1lr1310M D.11S, fll, Iv wS3lSiO4 01 tAR13 full 1" � NwKt3. IIOtfOw 4 . �n ED • ,T a OR: 2290 PG: 0505 12C 6 Y Ej �N S wuus.tNf rwr ,ecffoN_�_�:L_ - COMER COUNTY. FLORIDA towam a Otwrvfr ►� li,t •w+aa — - — S" 1. cc, lDnNO CONC.W • f, 1lr1310M D.11S, fll, Iv wS3lSiO4 01 tAR13 full 1" � NwKt3. IIOtfOw * ** 2154376 OR: 2290 PG: 0506 RECORDED in OFFICIAL RICORDS of COLLAR COOITY, FL Naples Daily News 03/04/91 at 09:52AM DWIG97 B. BROCK, CLERK Naples, FL 33940 RIC Fdl 6.00 Affidavit of Publication COPIES 1.00 Retn; --- +----- - - - - -- CiUX Z)- .?iLJURD INTIRO V ICI 4T9 FLOOR IV 1241) BOARD OF COUNTY CO"MI SSIONERS FINANCE DEPT. - KATHY ARLOTTA PO DOX 413016 NAPLE3 FL 341G1 -3016 REFERENCE: 001230 - 700897 5744239) NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared A. Lamb, wtw on oath says that she serves es the Assistar.t Corporate Secretary of the Maples Deily flews, a daily newspaper published At 4aples, in Collier County, Florida: that the attached copy of advertising was publisher in said newspaper cr.. dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Co0.ier County, Floridn, and that the said newspaper has heretofore been cmtirniously published in said Collier County, Florida, each clay and has been entered as second class mail matter at the post )ffice in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affient further says that he has neither paid nor promised +ny person, firm or coporatior any discount, rebote, cormission cr refurYl for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 02/23 AD SPACE: 2.750 INCH FILED ON: 02/24/97 12C 6 NOTICE OF PUBLIC F!Wif G Naice is hereby oeven that (r the 11" day of Felyoory 1991, the Board of County Cnmmi.&m- -f*s of Collier Co4srty l?dopli;rt Resoluton 97.077, re pett}(on %V- 025 m rsuarrt k) Sections 330.04 and 336.10, Btr4 L aauiders as agent for owner, thik INgoMxs d, Trustee requestin; vocation et a porflcr: of rood r(gfrt -of -may, as shcr,M on i Side Rood 45 ;W-of -f y map recorded in Road Plot Brx* 7, page 112 of the P6tk i Records of Collier Colmfv, FbFi Resolution X7.071 racy be viewed in the Office of the Cirri; iD the Board Ml e, Mif►- utes & Records Department, 0 Floor, M- ministr0tlen 30dfnp, Collier Calrtq Gov - ernMenf Center, 3301 Eost Tomlami Traft; NWC3ee� 1'kX1c"ra. BOARD -OF COrJNrr CO'+A WONERS COLLIER COUNTY P OR DA TIMOTHY L H. V6& CHAIRMAN DW*P1 E. UP." CLNK BY' /s/ Sue 8]rbirE {t , Deputy Clerk (SE.41 ) Februmr 23 No. 452724 ---------°---------------- ----- ------- ----- ------- *- - - - - -- ------------°------ / Signature of Affient 1 1/ Sworn to and Subscribed be a me this a y day of ✓�� 199 � �p J Personally known by die a S. ^.0 %,,,. C: Tj.nU R.0 :`I iNSU +V.9 :i,'NC 'C- # OF PAGES (including this coves) IIIIIIIIIl IIiIIil illltillllifiiii llllllililltllllllillilillllI1� TO: r'0Cz' Om : ILLM s nos gave Hill I III HI ill BELIE aoFFw - KnuTES s mcous- LOCATION: Collier County Courthouse � FAX NO: (8 13 774 -8408 PHONE'NOe ,813' 774_8406 3A 1 11 926348+ I tx 15 92634964 3 14 94177461791 OK 2 18 `32634864 l OK 3 068C.006000063Al2 Data Sant: / ?7 r Time sent: 782 01 -14 1205 T '0l' ' '703 01 -14 784 01 -14 12 12 00° O 1 ' S3 16 02 00°01'18 '7V 01 -14 17:12 00° 01' 54 3A 1 11 926348+ I tx 15 92634964 3 14 94177461791 OK 2 18 `32634864 l OK 3 068C.006000063Al2 Data Sant: / ?7 r Time sent: 13A 1 I January 14, 1997 Ms. Judith Flanagan Naples Daily News 1C+75 Central Avenue Naples, Florica 33940 Re: Notice of Public Hearing to Consider Petition v -96 -29 Dear Judy: Please advertise the above referenced notice on Sunday, January 26, 1997, and send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Ellie Hoffman, Deputy Clerk Purchase Order #700012 13A 1 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on i'UESDAY, FEBRUARY 11, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government. Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition V-- 96 -29, Craig V. Woodward, Esquire, representing James Walcott. and Ruth Ann Walcott, reques =ing an after -the -fact 1.95 variance to the required 7.5 foot side setback to 5.55 feet for property located at 1582 Biscayne Way, further described. as Lot 8, Block 284, Marco Beach Unit 8, in Section 16, Township 52 South, Range 26 East, as recorded in Plat Book 6, Pages 63 through 68, of the Public Records of Collier County, Florida. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing to the Board prior to the public hearing. Airy person who decides to appeal a decisic;n of the Board will need a record of the proceedings pertaining thereto and therefore., may need to ensue that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Ellie Hoffman, Deputy Clerk (SEAL) 13A 1 , January 14, 1997 James Walcott & Ruth Ann Walcott- 820 S. Harbor Drive #3.0 Grand Haven, MI 49417 Re: Public Hearing to Consider Petition V -96 -29 Dear Petitioner: Please be advised that the above referenced petition, will be considered by the Board of County COmmissioners on Tuesday, February 11, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition wall be published in the Naples Daily News on Sunday, January 26, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 13A I i January 14, 1997 Craig w. Woodward, Esquire P. O. Box One Marco Island, FL 34146 Re: Public Hearing to Consider Petition V -96 -29 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 11, 1997, as indicated on the enclosed notice. The legal notice :pertaining to this petition will be published in the Naples Daily News on Sunday, January 26, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure ITo: Clerk to the Board L?gMl Norma t L ega t Advert i samen•t tallier County, Florida REWEST FOR LEGAL ADVERTISING OF MKIC KMIIi O Pleax place the following as a: Q Other: 13A 1 rr tIf2S/U_Zo (Display Adr., Location, etc.) NMlMMM�NNN aNNwrlNNwaN ww lfffwa aNww^!rlva•wwwNNNwwNwwww originating Dept/Div: Cor.Dev.Serv, /Current Planning Person: _`� —""'LJ Dote: ign clearly) wNwNMlfwyw w Nw a w a- �.+wwwwwwww�www NMM.H�NfNwalwN f N 1. F! lllNalf�NN !!�r►wyyy..ltwHNwlwNlNwNwM VwwNw�rH a�wlw+waww.�ww Petition No. (if rare, give rxief des.cripticn): V-96-29 NMNwN w1N w w R! 1 aNSwNw�.,wH w- .w�w.ywwa H.MNNw!! 1 Nwwf-flNlHMawwwrw NwNf.Ma Nwa awOw a 1Rfalw MlNy Mww,wwwfNwNHN w��w.w.. Petitioner: (Flame i addrrss). _ -7 neS Walr^ntt k Ruth Ana walrxnj�t 820 S. Harbor Drive #10 —Gjnd Haven,_ 4T -- 49417 Now i Address of any persons) :c be, notified by Clerk's (If more space needed, zt;sch sr -zT :e ,hers) P.O. Box One, 606 Bald Eagle Dr., Suite 500 v Nearing before: CT &cc J::55�7 A ZA r= other Mww•.wH wHwwwwNNwwwwwwMwNww- ..,ywayr rw. HrM. asM . ........ r..a.... Requested hearirvardate:_ 7_ Based on advertiseaent appearing j Fl cogs before hearing- Newspapers) to be used: (C.oaple:e only if important Lam, LXXXxT Naples Daily Kees or legaity required !i7 Otrwr - _ aw» awMwflNwwlNwwwwM •a..wwNrrtw.�s•NMfM'NV1ffNtM wN'!!'.^IM�Nl1ff4NflwNHil /wMNlNfwlHlfsfla wwf lsltw.w�.,�n ..___.. -. .....vww♦ laftfltn!»s!»�x��+�rrittn�wr. wtw*Ylwt!!!f►M11'lNweswN »Na• — Proposed Text: (Include legal description L connon lncation d si7.e):Petitioo No. y- 96 -.?2, CraiaR• uoodward Eswire representing .lames Walcott and Ruth Ann Walcott• reguesti ng an after- the-fac> 1.95 foot variance to the rewired 7.5 foot sicae setback to 5.55 feet for property kocatrni at 1582 Biscayne Wby further descr ht; as Wt 6. Bock 284, Marco Beach Unit 6, in Section 16. Township 52 South. Rerge 26 €e_at Collier Cass *.y. Florida. Cogarmton petition(s), if any, L prop..ed fearnB __ -- -_ _ — -- NfMf!"!".Fa^►°a!K w�-I NNrt .�rfwfwa.a�.wfrtNN.e.NIffNN f.r?4! /NAME NMaNflr•fAhR!'N',�f.4Ml.Ula Sl.Mlr/a!l Malt iMNYwalMlt.�rww+.Mw Does Petition Fee Include ludrertisir.g (nest? Tee )f=j No f= If yes, what aRxount should be cAarged for adwcrticing costs: 11.3- 13331:2- 649100 P.O. #7000122 Revieuvd by: Division Read / --7 Approved by: i C—. ty M+meger _ _M— _Date List Attr=l+caents,(il_ ww»+ N++'!+' rl++ rNS+ +a.»+�-swwa.+�+ ++wwN+ +ww�rs+srN wtlaswNSNNlttivr�lyl. !*,�NwNa.�,,.aww�.N :.aNNINH�ra a iaH as H wlw..�.,..�.. DISTRIBUTION INS jr- �.'TDCatS A. For hearirrts befcxe BCC c- rAIZA- Initiating, person to complete am aepy .and obtain division Dead approval before sx.6aittinp to County Rer+aW. !%C: jf legal dnr_Yment is invoimed.bysure tlu! any necassary level review, or rYauars*, for SOON-- is si mittecl_to C_ountY Attornev heiore sul.rittinq *.o C minty wager. The Ransger•s office will distribute copies: !�7 County Naraager a l%% file; r--7 Regcxstinq Divisiom !__J Original to Clerk's office /// %1 %7 ! //�_ 101,1_7 -7//,/,/F;7 a. Other haarim-mm: Initiat rn Divfsfon Need to aoorove and subeit orfeine( to Clerk's Office. retainfna a coov for file. wmmacaara• 13A I RESOLUTION NO. 97- RELATING TO PETITION NUMBER V- 96• -29, FOR A VARIAtiCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the county pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of an after - the -fact 1.95 foot variance from the required 7.5 foot side yard setback, to 5.55 feet, as shown on the attached plot plan, Exhibit "A", in an RSF -4• -RP zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area Of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V -96 -29 filed by Craig R. Woodward, Esquire representing James Walcott and Ruth Ann Walcott, with respect to the property hereinafter described as: Lot 8, Block 284, Marco Beach, Unit 8, as recorded in Plat Book 6, Pages 63 through 68, of the Public Records of Collie County, Florida. r. -1- 13A 1 be and the same hereby is approved for an after- the -fact 1.95 -foot variance from the required 7.5 foot side yard setback to 5.55 feet as shown on the attached plot plan, Exhibit "A ", of the P,SF -4 -RP zoning district wherein said property is located, subject to the following conditions: This variance is for the encroachment depicted on the plot plan. Any other encroachment shall require another variance. BE IT RESOLVED that this Resolution relating to Petition Number V -96 -29 be recorded in the minutes of this Board. Commissioner offered the foregoing Resolution and moved for its adoption, seconded by Commissioner and upon roll call the Nrote was: AYES: NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done. this _ day of 1997 ATTEST: BOARD OF ZONING, APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA APPROVED AS TO FORM AND LEGAL SUFFICIENCY: —rr1�) -1 %J -u�(_c 't ?4AR.70 E M. STUDENT ASSISTANT COUNTY ATTORNEY V -96 -29 RESOLUTION /18928 -2- - - -- CHAIRMAN - - - - -- _ 3A 1 .'LAT J)F SURVEY CERTIFIED CORRECT TO: R,;th Ann and Jarnej Allen Wolcott: A.F.I. Mortgoge Corporation, Its Successors and /or Assigns; First Title !IC Abstract. Inc and Chicago Title Insurance Company. DESCRIPTION (FURNISHED BY CLIENT): LOT 8, BLOCK 281, MARCO BEACH, UNIT EIGHT, according to the plot thereof, os recorded 1 in Plot Book 6. Pages 63 through 68, Public Reeordc of Collier County. Florida. LOT 14 1 LOT 13 �_. —_`_ 35'. \- rllo I%7- _ mcm PIoo N 00.14'37' [ 80.00• Mr, x /6,355 IANOKAParc TAMJt1 �►, /6)13/4)15 -- a IvNIK IArt• / � a OrLWtwx [.Sim• BEARSNCS SHOWN HEREON ARE BASED ON IIfE SL AD CENTERLINE Cf B(SCAYNE _ I'�T � q ». o WAY AS 8ONC (I NOO'14'J7 "f_ AS SHOWN - - - - - -- �O' SCRC{Iri° ON RECORI) FIAT. o 757-- r) M' I ca,cRtrr o -m CCCr n o I (toot °) E F-PLIL UY'kin.� I rAjC1JC117 I L — SAB SPINAL STWY OCNC7iil[ LOT 7 w Moot Me" sA,cco � 3 h I cac►rEO PA rA3 .� O I _^1 MK WAY a,Awi wK rtr,r.,C LOT 12 0 13* DOS it 1 ° �' saina 0.55' CAST `.'. \- S y 7. STREET ADDRESS: 1582 PASCAYNE WAY k(ARCO ISI -AND. FLORIDA 33937 �ccrrAT,o, I �•''' r.��nsnr » LOT 9 f q 4A \ - -5. \- MOOR "vt RC* RMS 1�11'94 ROD �c.3s5 _, - -N 4,37• E 80.00'_ la $I n° 1 EOG[ Or cA�E"Xw - -- qCN It( I qAS' (STAR W- QASC) Ig 12- CBISCA' NE ,/r A,Y L R 0 4 I AIL IY M' N LUJ J r(Vt �I l• /• I,o ro la 10 Ld > >I >- lIJ L'I Z. Q> Z. 0 L EHHIBIT "A" Maples Daily News Naples, FL 33940 Affidavit of Publication BOARD OF COUNry COMMISSIONERS FINANCE DEPT. - KATHY ARLOITA PO BOX 413016 NAPLES FL .51101 -3016 REFERENCE: 001230 - 700012 57426603 NOTICE. OF PUBLIC HEA 13A 1 : State of Florida County of Collier Before the undersigned authority, personally appeared Nina lverson, who on oath says that she servos as the Assistant Secretary of the Maples Daily Mews, a daily ne+:.paper published at Naples, in Collier County, Floridn: that the attached copy cf mdvertisi(V wee published in said newspaper on dates listed. Affiant further says that the said Naples Daily Fleas is a newspaper published at reples, in said f Collier County, Florihie, and that the sail ne�doeper has heretofore been continuously published in, said Collier County, Florida, tact, I day, and has been entered as secrwid clrss mail matter at the push office in Naples. in said Collier County, Florida, for s p+rrind of 1 year next preceding the first publication of the sttached copy of advertisement; and effient further says that ho has neither paid nor promised) tiny person, fire or copCreti(n any discount, rebate, a+mmissior, or refund for the purpose of securing this sdvertisesert 'or publication in the said newspaper. PUBLISHED ON: 01/26 � i+o1xlE of vueuc HF11RrNG "m k hwvby #f " fts 211 ftwb 01 CMW CWM*0onim a( Flow 7dOi may} WE, OA », a410A.K V A torAl�0�lQr�POU, V -% bQ JW)1i IoF a10 ,:M6 IFRt Mfl� an QIt�F �N�1oci 1.15 varmv RMf Ibr ¢ RwtY bbl 1td� wtod� to S.SS MbY, hrww dosa� as l�cf /fool Miszo f3mdM urf 1, 1c1 5ect!oF1 14, Town S~' SIUR� Range 31 Easy as realrtled in Pit Rose 1, pt�u 63 >n own e� of the AN 416VOW 16dt Cna+i�r CpMy, FIoFUkL porflet ar! MtvNad fi of Ir Del 1"a} freak ax! b sltn* ears!rilr 6thepupl- (>�rifp 4 b the tiMiAn tt�i�i� 84 ho ,dv � to MOW a �`�( orocteft Paiukt,R�1w,e,� ad !i+erttore, -7" bald to ensue Ut a vw- DMaNfn r ed of the y ndr NftJ ktad n<IA4Q 1 ffMe Its qip � kart whla, me avwd b b Le eWD 01: CWNTY COMMISSIONERS TIT1hW1�'iV MtWry L ►ulN�p�oRioA D@W6W E. p=, CLERMAIRMAN �ee�� /9�[ Ell Hofft w. pep�dY C*1 MEAL) saner v ti. .... . No. "it i AD SPACE: 1.333 INCH FILED ON: C1/27/97 -- -- - - -- -- -------+------------- Signsture of Affiait Sworn to arx; Fubsc ^iced before we iris,: �i— day of 19•; Personally known b•, tie C r- Judith A. FIgn,Dtn "Okuss", �'CSC87? r .° : tnf�£. dnury 19 2(X)1 k-w - , , W, 13A 1 RESOLUTION NO. 97- 78 RELATING TO PETITION NUMBER V- 96 -29, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 9t -tn �,h;�• _ for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of tite area hereby Affected, bas held a public hearing after notice a., in said regulations made and provided, and has considered the advisability of an after- the -fact 1.95 toot variance from the required 7.5 foot side yard setback to 5.55 feet, as shown on the attached plot plan, Exhibit "A ", in an RSF -4 -RP zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V -96 -29 filed by Craig R. Woodward, Esquire representing James Walcott and Ruth Ann Walcott, with respect to the property hereinafter described as: Lot 8, Block 284, Marco Beach, Unit 8, as recorded in Plat Book 6, Pages 63 through 68, Of the Public Records of Collier County, Florida. -1- I 3 1 be and the same hereby is approved for an after-the-fact 1.95 -foot variance from the required 7.5 foot side yard setback to 5.55 feet as shown, on the attached plot plan, Exhibit "A", of the RSF -4 -RP zoning district wherein said property i_s located, subject to the following conditions: This variance is for the encroachment depicted on the plot. plan. Any other encroachment shall require another variance. BE IT RESOLVED that this Resolution relating to Petition Number V -96 -29 be recorded in the minutes of this Board. Commissioner ��nstszatine offered the foregoing Resolution and moved for its adoption, seconded by Commissioner Mac'Kie and upon roll call the vote was: AYES: Commissionec Constantine, Commissionec Mac'Kie, Commissionec Noccis, NAYS: Commissionec Berry, and Commissionec Hancock ABSENT AND NOT Vt >TING: ABSTENTION: Done this --I] — day of Febcuacr/ 1997. - - -- — ' ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER. COUNTY, FLORIDA . ��'".� � /Ifs / /il �� r �r+��- - _ e %% � • /�' i-�(j '/% /' l� '`-_ _" TTIMOT _THY - - H•/AN-COLCK, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Adc - uC C �Gwt MARJO E M . STUD .NT ASSISTANT COUNTY ATTORNEY V -96 -29 RESOLUTION 118928 13A •'LAT PF SURVEY CERTIFIED CORRECT T0: R.Ah Ann and Jomc:% Allyn %VOlcolt: A.F.I. M0(t9age Corporri. ion, ItS vctc�sors on,j ,)r ASS+gns; First Title & Abstroct, ins and Ch-coq() Title Insurance Company. / DESCRIPTION (FURNISHED BY CIIEN1): LOT 8, BLOCK 281, MARCO E;EACH, UNIT EICHT, occordinq to the plot thereof, os recorded in PIOt Boob; 6, Pages 63 through 68, Public Record, of Coll,Cr County, Florida. CHAMLtr- ITNCC LOT 14 (Im'CAL) LOT 13 LOT 12 L10% - fine( POST o N 00'14 J7" E 80.0[)' t /zo n' swn, .•Ct1 nr� IAhOXAVn+C TATIp+ N f6]SS C SS TAS7 A OgANw� BEARINGS 5110)VN HEREON r- ARE BASED E THE CENTERLINE STREET ADDRESS: O BI OF 61SCAYNE —� / 1582 BEING LOT 8 4 ]7 }0 BISCAYNE WAY N0014'37 E, SHOM - MARCO ISLAND. FLOW-1k 3J9J7 ON RECORD PUT. g 7.MSC 75 w it ' scat C r,C 0 IA: AP"; o r root cccx � c� K «tAtlorr -7 G r I (tocxtn) unrn i A [SC "'euf UTRU TY I KN \ -5CWZ: l L — — �' - -> A DRAAl ACE SLAP EARVIDIT SnICU 5T00,r C04KrtrE LOT 7 W ^ BIO" wM sn,cco b W LOT 9 Y SCRECCHEO ol.`. PASO n b d 310-5. Y .J wX ) {n '� CONCRE TIC S —__.1 r _ Ortt vT ■AV �• t�� n � SRK ('p GCtrC. X1 1/7' .ccA [>•'°.) PC 190,1 acv _ FMI POO rslss A[lE CDt <rfiL T( WALX _ Ig N 4'J7' E BO.00 �t r�0 I• `� EDGE OF CAKWENT -- MR+ CnD tU.� fQ.02' CAIC. `�ir+D iw t TAP 1101' V1.' NAq r:[AS, B1SCA I ICE WAY 110 10 A Tw TAtf w NO ID r L 1 J `1 w U z ' can > > wQ z U T FliHIBIT "A" ,•rvr.r• w. �+1�'ro...fswKM: e_y. .., k. i .!�`�i�Y.Li��K�':'rn•'irttirti`^, ... ,.� _ .. r. _. .'f.�'�i..�•Q+.(y„t"�» -•, .t %.,M:l - 'F!•My.'lalWtti.��'1.l'','��. '. �. Collier County, Florid -4 A 2 Ilf- vt /a4 -zo REQUEST FOR LEGAL ACVERTISIMG OF P(IRIC 11E01Mv"'S 1 ., Te: Clert to the Board: Please place the following as a: rr l� Moral Legal Aivertistom t C% Other: --�-- OrigIrArirg Dept/Div:_ Coe.D, -S—r, . /rrmt Pjarn(ng Person: Dale: 1 =D�_�f ..... (S yn clearly) Petition MO. (If none, give brief description):_ .»«+.« ............ »_ ��.•» «.MyM».H.H..M.Mi »1M•awMMHrM..+. •.w tiw... H..r.�w•. Petitioner: (Name L address): _aTP- irltpk ('1 .................•_�..... 4870 Golden Gate Parkway Is&~ t Address of any person(s) :c k ratified by Clerk's Office: (if Pare space needed, attach sec.a- ate sheet) Nearir,g before: = GLC L2K:T Bp �_ -7 Other Requested hearing date; Based on advertisement appearing � ng days before hearing. Nevspaper(s) to be used: (CorT,le :e only if important L -7, 7L___OQJC7 Naples Daily Ne..> or legally regtired /--7 Other .........•.. •• • • H ..... U Itt1tT•«+H«.r H...w.. •.•.• «.+r._H -- Proposed Text: (Include legal descri ............................... I. ...............»... " " " "............•••..• ption d common location d :ize):Petition Mo. Cl1- 96-24, Jeff Suiatek reoresentino Jeff $riatek, �ihn srd�lav yintiel`. r•QUestina Conditional Use "U' -- of the C-4 zoning district lur used car ;ales for Oroperty located at 4dlq Golden Gate Parkway- fu, ther desrr'iv d es Lots 14 15 y� Id Block z48 Goioer. Gate, Unit 7, in SeCtion 28, Townshio 49 =� 1.115IST of .4 acres Tarr or less. CoPi+enion petition(s), if ng any, t proposed hearing •+•••••...+H. «.. n9 date : - Does Petition Fee Include Advertising Cost? Yes I No /_7 If yes, what account should be charged for advertising cost :: 113- L'w312- 649100 P.O. #700012 Rev owed by: I Division Nea.i � �� p- d b• - ` Oate County KervxMY' Date List Attachwents:(1) DISTRIBUTION 1MST CTIO A. For heerirm before f3CT or CZA: Initiating person to corpiete one copy aryl ebtain Division Head approval before sanbnitting to Canty Kaneper- MR: If leg—at document is involved. be sure that any necessary legal review or -ST for tame it suttai ed to Counter Atxornev be }ore su2nixt inv to Count e. e ' �° -'=•' •- distribute copies: —Y�r . Th - K+^a9er's office rill r— County a0aa� file; Requesting otr f Original to Clerk's Office • -n m1 ! _'J Re�uesti Oiviti ;aft .,. , • U.- !^- aM•hw.a r i►a�rinoa: ini[ietina Division Mead to aaorove end/ it oriaiv.al to Clerk's Office. retainirw a coo, for file. - ` - -- I 3 2 1 RESOLUTION 97- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF USED CAR SALES CONDITIONAL USE "4" IN THE C -4 ZONING DISTRICT PURSUANT :CO SECTION 2.2.15.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 28, TOWNSHIP 49 SOUTH„ RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for -the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "4" of Section 2.2.15.3 in a C -4 zone for used car sales on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: -1- 13A 2 , The petition filed by Jeff Swiatek representing Jeff Swiatek, john and Clav Winfield, with respect to the property hereinafter described as: Lots 14, 15 and 16, Block 248, Golden Gate Estates, Unit 7, as recorded in Plat Book 4, Page 95, of the Public Records of Collier County, Florida. be and the same is hereby approved for Conditional Use 114" of Section 2.2.15.3 of the C -4 zoning district for used czar sales in accordance with the Conceptual Master Plan (Exhibit "Fl ") and subject to the following conditions: a. The Planning S Technical Services Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code (Ordinance No. 91 -102). b. Any revision to site lighting for displayed for sale automobiles shall be limited to light pole standards not exceeding a height of fourteen (14) feet and whose illumination properties shall not be of the nature that casts a glare to automobile traffic moving along Golden Gate Boulevard. C. The maximum number of automobiles displayed for sale shall not exceed five (5) vehicles which shall be Positioned adjacent to Golden Gate Parkway between the two driveways and made subject to the further modification of the current SDP -89 -071. Said spaces shall meet the requirements of Land Development Code specifications for parking spaces. d. The Conditional Use Master Plan made a part of this Resolution shall be the approved amended Site Development Plan, which shall be made to conform to current Land Development Code requirements for landscaping. e.. The County's Transportation Division may determine when and if modifications for turn lanes becomes necessary. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of -this Board. 13A Z Commissioner offered the foregoing Resolution and moved for its adoption, seconded by Commissioner and upon roll call, the vote was: AYES: NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this _ day of 1997. BOA-RD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MAR.J IE' M STUDENTdF �c ASSISTANT COUNTY ATTORNEY CU -96 -24 RESOLUTIONI18783 CHAIRMAN 13A 2 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -96 -24 The following facts are found: 1. Section 2.2.15.3 of the Land Devlopment Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: ; A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or — Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: CHAIRMAN: FINDING OF FACT CHAIPMUL N /18786 �C7 13A 2 _ � r � r 1 / o z O) S' r• I s CA j � � � i I I F' Il �- .1 s r _ ��CCC �` is�F1' S'.'_ �t2" ...7:i%..?►v'sxK+jt:�: «M�}��.�L `�• ,. 'r' �'_. ._ .�. .. ..._ _._. ....y..r ww.l y:'.• �' 1T .iG.::..:.`Fw�A^^'7r!„Sbti =.��. Exhibit "B" — # OF PAGES_ t (including this cover) IIIIIIIIIit;IIIIIl IIIt Iil1Il IIIII 111IIi11lIIIIIIIIII(IIIIIIIIIII TO: IAXM=ON : MAPLES DAny Ins 3MX eo.: 2A3-*SM aoOGUtTS : Its: Z_ III[ IIIIIIIIIIIIII1fIIIIItIIIIIIIIIIIIIIIIIIl1iiIIIIIIIII liIiIl FIXBLUE HOFi?L�4ti -- I•II MnS & RECORDS CATION: Collier County Courthouse 01 -14 PAX ub: ( 813) 774 -•8408 783 PHOITE'NO: (813) 7 74 -8406 00°01'53 Date sent: /`/ ,197 r H 3A 2 936 34864 OK 3 z. .._ '92634864 OK 3 z.: :•i:5:z: z: 92634864 CY :C..: :0: Time 'ant: _j 782 01 -14 12:05 00601'55 783 01 -14 12:12 00°01'53 784 01 -14 16:02 00°01'18 '785 01 -14 17:12 00° 01 ' 5.4 796 01 -14 17 :19 000 01 ' S:3 Date sent: /`/ ,197 r H 3A 2 936 34864 OK 3 z. .._ '92634864 OK 3 z.: :•i:5:z: z: 92634864 CY :C..: :0: Time 'ant: 13A 2 1 January 14, 1997 Ms. Judith Flanagan Naples Daily Igews 1075 Central ;%venue Naples, Florida 33940 Re: Notice of Public Hearing to Consider Petition CU -96 -24 Dear Judy: Please advertise the above referenced notice on Sunday, January 26, 1997, and send the Affidavit of Publication, in duplicate, tocfether with charges involved to this office. Thank you. Sincerely, �6 c2 Ellie Hoffman, Deputy Clerk Purchase Order #700012 13A 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, FEBRUARY 11, 1997, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU- 96 -24, Jeff Swiatek, representing Jeff Swiatek, John & Clay Winfield, requesting Conditional Use "4" of the C -4 zoning district for used cat. sales for property located at 4870 Golden Gate Parkway, further dE !scribed as Lots 14, 15 and 16, Block 248, Golden Gate, Unit 7, in Section 28, Township 49 South, Range 26 East, as recorded in Plat Book 4, Page 95, of the Public Records of Collier County, Florida. All interested parties are invited to attend, to register to speak and to submit their objections, if any, in writing to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TIMOTHY L. HANCOCK, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Ellie Hoffman, Deputy Clerk (SEAL) 13A 2 January 14, 1997 Mr. Jeff Swiatek 4870 Golden Gate Parkway Naples, FL 34116 Re: Public Hearing to Consider Petition CU -96 -24 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 11, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 26, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure 13A 2 ; January 14, 1997 Messrs. John & Clay Winfield 4870 Golden Gate Parkway Naples, FL 34116 Re: Public Hearing to Consider Petition CU -96 -24 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County COMMiSSioners on Tuesday, February 11, 1997, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 26, 1997. You are invited to attend this public hearing. Sincerely, Ellie Hoffman, Deputy Clerk Enclosure Naples Daily News Naples, FL 339W Affidavit of Publication BOARD OF COUNTY COMMISSIONERS FINANCE DEPT. - KATHY ARLOTTA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 - 700012 57426605 NOTICE OF PUBLIC HEA State of Florida County of CQLLier Before the undersigned authority, personally appeared Nine Iversen, who on oath soya that she serves as the Assistant Secretary of the Naples Daily Mews, a daily newspaper published at Naples, in Collier County, Floride: that the attached copy of advertising was poiblishad in said newspaper on dates Listed. Affient further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper tins heretofore been continuously puhlishri in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or coporation any discount, rebate, cowiasion or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 01/26 AD SPACE: 4.333 INCH FILED ON: 01 /27/97 13A 2 NOTICE OF PUBLIC FIW%* Nuka Is Weby. iilYM Mof the Of Courtly Cofnmisslo o" Of Confer i wm ixolldd a W* heaft _on RA '4' at -!hf . F4tJNC ROOM* of r �fw,ao �n+tr ift.;� ck � *!may �s�a r4fp., d�Cfc�l�- �. �fp�4t •R 4ih* �MnXWK at W. W kh na d kldndes ari wktmm upon wtdch the apped Is to be boni 8000 OF COUNTY COMMOSIONERS COUJER COUNTY FLORIDA T!A M4Y L. KAM CKHARMAN DWWWT f:. BROCIL By: /s/ Ellfe ttaffta Ow* Clerk Jaaaary M W0: ti40i9 Signature of Affiant�'/L Sworn to and Subscribed Wore me this P day of i PersonatLy known by me + "' .'i �. Judlh A. Finnigan My COMMIS&ON 0 CC508787 EXPIRES February 19. 2000 R.",.., 804XD THRU TROY FAM VGLftha. I L To: Clerk to the Board: IoxXtT Noew a l Legal Ad•,.ert j Umm tt Collier County, Florida RfCIJFST FOR l£rdlL ADVERTISING OF MULIC NE•ANIpGS Please place tfwa following as a: I3A 3 r' �^•••+•+f•...++.wf.. (Disp(ay Adv., location, etc_) .Mww -f Mwa.« w+.NMf «.wwa« fs.r.waf.N.yM.af Nw.e M.ww...ra•h Originating Dept/Div: C_ .Oev�S.rv.lCurrertt Plannina Persx:, x � `Once: I .«.•- +».. «...f.w.........,�. (Sign clearly) ww.•.. •.......... ti •w •... f f f f.- ...f.wf Petition No. (If none, give brief description): CLJ -96 -23 NN N. M.... f........�..f. 1Mw..w.Mf «Mff.ff.fy.NM.f f..f.ra M. • aMM aN Petitioner: (Name i address): William L. HI-Over AICP Nov-- nain4 «....M... « „..wwfa•��wa Shnrrw_ 223 �i't3 C'anf oT ms,. Beau Keene, Bruce Green s& Associates, 3806 a(chan Ave.. ` Name l: Address of any person(:) ;: be notified by Clerk's Office: _ F ejZ �.1 A. (if .core space needed, s::ach sena-ate sheet) 405 Grenada Ave. Tc�ai211-Fl» 14145 Nearing before: r--7 Lcc . tU !�'Other .._ .. .....= ..... .. NM.... Requested hearing date' � ��/; Based on ••`••• «'........ ............T�� 4'-- advertisement appearing IE days before hearing. we.rsl;aper(s) to be used: (Ccnale:e a,ly if important L=, JXXXX7 Naples Daily Mews or legally required /-- ;) /---7 Other Proposed Text: (Include legal description d cannon location d size): ViIliam 1. Hoove- AICP of Hoover Planning Shoepe and Beau K&” P.E. of Bruce Green i Associates, r�P-resentinq Ferril A Bou•ilier reGUestinq Conditional Use "I^ of the RMF•6 zoning district for a church for property located on the north side of Guilford Road aperox metely 900 feet west of Tamiami Trait ast in Section 13. Township 50 South Range 25 East. Collier County Florida cor.sistinv of 2.04 _acres, nare or less. Con"nion petition(s), if any, t proposed hearing date: Ma1 ff ... fffaf. f. 11.• f• ... 1.* .... f1.ff.fr►frr►awlfffwf ►.fy►ff.f 11ff1ffr fffa11111ff.f.rff ff if ♦.l111fff ffafff ff fffafflflf......u. Does Fttition Fee ]nc""6e Advertising Cost? Yes /40�-7 No for advertising casts: 113- Lh;312- 649100 P.O. #700012 if y -, what account should to charged Reviiwt..d by: Division Read �o�d b' Date_ Coui List Attachments:(1) (2) .•'.M«'f+'fn«+we+v f aw f f « «Ma- ffya.f ff ra f f f w ►f as a.....,.....f DISTRIBUTION INSTRUCTiowS A. For hearings before RCC or pA: initiating person to cosplete one copy and obtain Division (lead approval before subsitting to County l(annow. IIoT : If doctwent is i--l- - - uest for aarae i• be awe that MIX necessary legal review, or subwitted to Coua+rYAttornev before £,a jttirg to eeitY Kan . The distribute copies: �r_ Kanayer s Office will -� Coffin a" file; /�T ReMmtstind Division; /_- Or I�;� i " - (erkrs Office % �-Q�UaLrou OtAar ri Initiatira Division Ilad to moor and itl iainal to Clertrs Ot a Cow for file. -a 13M 3 RESOLUTION 97- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH CONDITIONAL USE 2 IN THE RMF -5 ZONING DISTRICT PURSUANT TO SECTION 2.2.5.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 13, TOWNSHIP 5o SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as i:i said regulations made and Provided, and has considered the advisability of Conditional Use 2 of Section 2.2.5.3 in an RMF -6 zone for a church on the property hereinafter described, and has found as a matter of fact (Exhibit "A ") that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: 13A 3 The petition filed by William L. Hoover, AICP, of Hoover Planning Shoppe and Beau Keene, P.E. of Bruce Green & Associates representing Ferril A. Boutilir_r with respect to the property hereinafter described as: Lots 8 and 9, Block A, Guilford Acres, as recorded in Plat Book 3, Page 59, of the Public Records of Collier County, Florida. be and the same is hereby approved for Conditional Use 2 of Section 2.2.5.3 of the RMF -6 Zoning district for a church in accordance with the Conceptual Master Plan (Exhibit "B ") and subject to the following conditions: Exhibit "C" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Commissioner offered the foregoing Resolution and moved for its adoption, seconded by Commissioner and upon roll call, the vote was: AYES: NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this day of __ , 1997. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK APPROVED AS TO FORM AMD LEGAL SUFFICIENCY: QftIE M. STUDENT ASSISTANT COUNTY ATTORNEY CU -96 -23 RESOLUTION /18733 FINDING OF FACT 1 3 A 3 BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -96 -23 The following facts are found: 1. Section 2.2.5.3.2. of the Land Devlopme:nt Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district cr neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes No B. Ingress and egress to property and proposed structures thereon with particular .reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes No C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or _ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval DATE: FINDING OF FACT CHAIR14AN /18736 CHAIRMAN: AMOK ExhibiMMMWWWN�.- mmu e z 14. PV Cth W < Glh - c° 2 �� • C I I 13A 3 �i- � r; I ' ' 1 ` t a AWIV .51 °u i I i I V o� u I � N sr — T G l I c - �� of u �i dI' I M- C 6so ` L I I a 7) u I D G O C D O O I oL e _ ? u ~ lz Oz c3 v o N Ebdiibit I, William L. CU- 96 -23, agree to the Collier County hearing on < PLANNING: AGREEMENT Hoover, as authorized agent the following stipulations Planning Commission in >, 1996. 13A 3 for Petition requested by their public a. The Planning & Technical Services Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91 -102). PETITIONER OR AGENT STATE OF FLORIDA COUNTY OF COLLIER The foregoing Agreement Sheet was acknowledged before me this day of , 1996 by who is personally known to me or who has produced as identification. (Signature of rotary Public) NOTARY PUBLIC Commission .# My Commission Expires: AN -s� e� ®,� -- Exhibit I.C11 . _ 13A 3 REPRESENTATIVE FOR CCPC STATE OF FLORIDA COMITY OF COLLIER The foregoing Agreement Sheet was acknowledged before me this r__ day of 1996 by _ who is personally known to me or who has produced ` a 1S dentification. (Signature of Notary Public— NOTARY PUBLIC Commission ,# My Commission Expires:' 18735 FAX TO:-- LOCATIUla- FAX 10 FROM:;. -e LOCx,TZON : COLI.IBR COUNn c�(3u1i'I$sB 774 -8408 P'SOr18 200: (S►41 774_8406 DATE SENT: Tim SENT: 7•'K'i I 12 ^G I 09:� 00°02'22 747 12 -27 .L 00.04' 3E) 748 749 12 -30 -_ 11:37 00 "01,81" 750 12 -30 16:2£3 00* el ' .I6 751 12 -31 12 -31 12:03 00* 03' 0B 752 01-02 16:17 11:47 @0°01'53 00°02'03 753 754 01-02 16:18 00°03'33 755 01 -02 01 -03 17:25 OEr 01 ' 30 756 01-03 11:29 16:59 1 00002'53 00°01'47 757 01-03, 17:05 00°02'17 13A 3 # OF P.A(MS (INCLUDMG THIS COVER) ) 941 495 1-203 CE ■ W-880890000050 .L OK OK 2 3 .. :�%Le �..LL.• 92634864 9414344652 CK ■ 3 %• S- 94199-70393 OK 3 •• f ■ 13A 3 t January 3, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider Petition CU -96 -23 Dear Judy: Please advertise the above referenced notice one time on Sunday, January 26, 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 13A 3 NOTICE OF PUBL?C HEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, FEBRUARY 11, 1997, in the Boardroom, 3rd Floor, Administration. Building, Collier County Government Center, 3301 East. Tami.3m' Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition CU- 96-23, William L. Hoover, A.I.C.P., of Hoover Planning Shoppe and Beau Keene, P.E., of Bruce Green & Associates, representing Ferril A. Boutilier, requesting Conditional Use ^1^ of the RMF -5 zoning district for a church for property located on the north side of Guilford Road, approximately 900 feet. west of Tamiami Trail East, Lots 8 and 9, Block A, Guilford Acres, in Section 13, Township 50 South, Range 25 East, as recorded in Plat Book 3, Page 59, of the Public Records of Collier County, Florida, consisting of 2.04 acres, more or less.. All interested parties, are invited to attend, to register to speak and to submit their objections, if any, in writing, to the Board prior to the public hearing. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto, and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JOHN C. NORRIS, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Sue Barbiretti, Deputy Clerk (SEAL) 13A 3 January 3, 1996 William L. Hoover, A.I.C.P. Hoover Planning Shoppe 223 Trade Center Way Naples, Florida 34109 RE: Revised Notice of Public Hearing to consider Petition CU -96 -23 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 11, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 26, 1996. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. CC: Beau Keene Ferril A. Boutilier I3A 3 January 3, 1996 Beau Keene, P.E. Bruce Green & Associates 3806 Exchange Avenue Naples, Florida 34104 RE: Revised Notice of Public Hearing to cons -der Petition CU -96 -23 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 11, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 26, 1996. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. cc: William L. Hoover Ferril A. Boutilier 13A 3 1 January 3, 1996 Fe.rril A. Boutilier 405 Grenada Avenue Marco island, Florida 34145 RE: Revisec: Notice of Public Hearing to consider Petition CU -96 -23 Dear Petitioner: Please be advised that the above referenced petition will be by the Board of County Commissioners on Tuesday, February 11,c1997dased indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 26, 1996. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. CC: William L. Hoover Beau Keene Naples Daily News Naples, FL 33940 Affidavit of Publication BOARD OF COUNTY COMMISSIONERS FINAKCE DEPT. - KATHY ARLOTTA PO BOX 413016 NAPLES FL 34101 -3016 FEFEREK E: W-230 - 700012 57426537 N)TICE OF PU81_IC HEA State of Ftorida County of Collier before the undersign_d authority, personally appeared Nina Iverson, who on oath say? that she serves as the Assistant Secretary of the Nsp,es Daily News, a daily newsa"r published at NvLaa, in Collier Cainty, Florida: that the attached copy of ad,,ertising was polished in said newspaper on dates Listed. Affient further says that the said Nap;eo Daily News is a newspaper pubtis'oeo at Naples, in ssid Collier County, Florida, rid that the said newspaper has heretofore been contirrxusLy publishrf in said Collier County, Florida, each day ar�d ha3 been entered as second rless mail utter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of a4vertise" t; and affient further says that he has neither paid nor promised any person, firs or coporation any discount, rebate, Commission or refund for the purpose of securing this sdve7tisesent for publication in the said newspaper. PUBLISHED ON: 01126 AD SPACE: 4.750 INCH FILED ON: 01/27/47 of 13A TTMI*M C" b 3� PIJa6.IC FEARING "IfR'7� K Caw c01 7 eft T11�t,1A� ive 64" wt' W 1 Elist W WVN �L PFD. G■rte�n n FwT1 A. U" 01, of ft I for ado fear_ prq. L wig f A as %FK>3I P2 AN MMderMfld Ore krAw to & * 100 and6%6M AM pertoa *td iu -'dos to appgd o dKfs M at to Wwd wN need Q rsoord of iM . and O fS Won *4 Ver. t�B411 Mwd IfICt11; Vw boost Il w oftch ft qmw . is b to BOARD OF Gp4 M CgmmaSViM � ?o!'�,G�MC�IAiftMAJ f CIa1l MEW immy 26 Na. 9M �J - - -� -- ----+---------- - Signature of Affiant (/L�'s''�tJ��•�7 •1�� — — "worn to and Subscribed before K this day Hof'=��,, 19� Personally known by me C� L . : Ady f;pF C. • KAQ0 T/� F*Uvy 19 T101, FARM Niy� f. ow— r• CT 13A 3 . RESOLUTION 97- 79 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A CHURCH CONDITIONAL USE 2 IN THE RMF -6 ZONING DISTRICT PURSUANT TO SECTION 2.2.5.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67 -1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use 2 of Section 2.2.5.3 in an RMF -6 zone for a church on the property hereinafter described, and has found as a matter of fact (Exhibit "A" that satisfactory y provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Commission; and WHEREAS, ali interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: 13A 3 r The petition filed by William L. Hoover, AICP, of Hoover Planning Shoppe and Beau Keene, P.E. of Bruce Green & Associates representing Ferril A. Boutilier with respect to the property hereinafter described as: Lots 8 and 9, Block A, Guilford Acres, as recorded in Plat Book 3, Page 59, of the Public Records of Collier County, Florida. be and the same is hereby approved for Conditional Use 2 of Section 2.2.5.3 of the RMF -6 zoning district for a church in accordance with the Conceptual Master Plan (Exhibit "B ") and subject to the following conditions: Exhibit "C" which is attached hereto and incorporated by reference herein. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. Commissioner _ ttac'Kie -- offered the foregoing Resolution and moved for its adoption, seconded by Commissioner Norris and upon roll call, the vote was: AYES: Commissioner Mac'Kie, COmmisSionec Noccis, Commissioner Constantine, NAYS: Commissioner Berry, and Commissionec Hancock ABSENT AND NOT VOTING: ABSTEr;TI ON : Done this day of ATTEST: DWiGH'lc�E. BROCR; CLERK APP WED AS TO FORM AND LEGXIA •SUFFICIENCY: IImo�:., T ASSISTANT COUNTY ATTORNEY CU -96 -23 RESOLUTION /18733 - 1997. BOARD OF ZONING APPEALS COLLIER_ OUNTY, FLORID BY: ;T' thy L. ancock, CHAIRMAN FINDING OF FACT 1 3 A 3 BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU -96 -23 The following facts are found: 1• Section 2.2.5.3.2. of the Land Devlopment Code authorized the conditional. use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the I:and Development Code and Growth Management Plate: Yes -/ No g Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & egress Yes ,, NO C. Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes L No Based on the above findings, this conditional use should, with stipulations, (copy attached) (a#3��,ty be recommended for approval DATE: _ CHAIRMAN: FINDING OF FACT CHAIRMAN /18736 An I v1 � �� Y h P O C U c � ti p Z u W r n O t C •; G G W Y Oa ^I P c v W FF3� L� i a vi C 4 C Q ~ O C I 1 rr I , II b 4' �I n� -- - - - - - - - -?L -- I I �* e b All K� r Y say KO Pz4 13A 3 , 4 I I II I I i I I II I III � ; I I CII I � 33s�1 I 'I 1 I I I I , c", 0 I YYk' � 1 1 1 ,I 1 � 1 , r.. I,�,,11 I II I _Exhibit "B" 0 4 V 4 g �° a -. •� 8 0 0 p Q O O O 'n 4 j: t � o- c o • j p~ O 4 w 4 0 It "t.,, I Y '' P ct ^Aw �.�f1��a -A A e o c° .co.go�boa�a c �d °C�I`E£oE F rs �I I II I 1 II I I III !I P lz (O = 1 r rr v� a_ >K W N I i 1 a I b fI I I P I.c II G Z �I 0 s a� T_ 3 ! o' P u ti —z O+ vl O 4 n Q O N I o L� vj i � � k M�ok L w .wKkcgi tiI�V- C � p � • O�� 4 •� l Rp q < t Oy Xn� / Y i � ti ►t 1 �g a, a _Exhibit "B" 0 4 V 4 g �° a -. •� 8 0 0 p Q O O O 'n 4 j: t � o- c o • j p~ O 4 w 4 0 It "t.,, I Y '' P ct ^Aw �.�f1��a -A A e o c° .co.go�boa�a c �d °C�I`E£oE F rs �I I II I 1 II I I III !I P lz (O = 1 r rr v� a_ >K W N I i 1 a I b fI I I P I.c II G Z �I 0 s a� T_ 3 ! o' P u ti —z 13A 3 1 AGR EMENT I, William L. Hoover, as authorized agent for Petition CU- 96 -23, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing an January 16, 1997. Planning Servi ces: a. The Current Planning Manager, may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code, Ordinance (91 -102), b. Prior to final Site Development Plan approval the preserve area 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 Florida Statutes Section 704.06. C. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition site drainage shall not be Permitted to discharge directly into any roadway drainage system. d. The applicant shall be responsible for the installation of arterial level street lighting at all projects entrances. Any such lighting shall be shielded such that there shall be no spill -over or glare on adjacent resider' i.il "roperties. e K ^ac' impact Fees shall be paid in accordance with orlinanc-e 32 -22, as amended, and shall be paid at the t-i,me bu_lding permits are issued. f. The petitioner shall be responsible for a fair share contribution toward intersection improvements at US 41 East /Guilford Road. FXH[B1T "C" -1- 13A 3 PETITIONER OR AGENT State of Florida County of Collier The foregoing Agreement Sheet was acknowledged before me this day of , 1997 by who is personally known to ie or who has produced take an o ath . as identification and who did (did not) (S — iq F ature of Notary Publ I c} NOTARY PUBLIC NOTARY PUBLIC Commission $ My Commission Expires: EPRESENTATIVE FOR CPC State of Florida County of Collier The foregoing Agr ement Sheet was this I`:_ day of 1997 who is personally wn to ah. take an oath. a (Signature acknowledged before me by Michael A. pave G , N:�- and who 414-(did not) of Notary Public) NOTARY PUBLIC Commission # ", �—q5 - /(,/Z My .Commission Expires: .:rr r_'A _ S1n7GrrOF FLORIDA (V; kl1 ,ION NO CC451612 MY CO.M),itSSIUN FXI'. Af X. 27 1999 -2- 13A 4 Collier Canty, Florida I1128A%-M REQUEST FOR LEGAL ADMTTSiMC OF FMIC NEMI= To: Cleric to the Board: Please place the following as a: Xi Lx-x—x-x7 Morna l Leg-at !i}rert i &eonnt L Other: (Display Adv., lotion, etc.) fMMfw- ffa.4.NN.H• Nf.NHrf llff.Ny f1fMNf.fNf.Hf.a.f Orig inating Dept/Div: Coa.Dev_S!rv. /Current Planning Person: 64` jal�,, 1 N Date (Sign clearly) .........• .... ...w..a..a.- ..a..�....af..".a. H ♦.M..IM 1 f..faf f.a. • f.N.... N ♦.f. H . N. f.f .f . f .... fawNw Petition Mo. (If none, give brief description): S`l -96 -5 H.. H. N. H.. wa. H- Hf. a .HaaH..awyl�aww�.aHNa...1.Mtw.. fwf.a.afawaaffw�a �+.►wf Petitioner: (Name C address): Toys "R" Us Parerus, NJ 07652 -3524 Marx t Addr.,ss of any pers.c (s) :: x rotified by rlerk's Office: (If s�cre space reeeeo, :::aeh se=.&:-ate sheer) Nearing before: 6 L _T 82A ('- -7 Other_ — ..... ...... .... .�. 77;- ....�.. ..............a.... ....... RtgLs"ted hearing date Gl7 Based on advertisevent appearing t days before hearing. •'••••'• «••---'�_« M— papers) to Le user: (Crssple :e only if ir"rtant ,=, (717X7 Mr'34es Ozily Mews or legally required n = Cther •a.......a.... w ♦♦ �^�^'� �'.. ^.+�.Ia.N. f..Iafa.N.N. H HN.fa. N..Ntfa.♦fraaaa..y. MMfa.f a.1HaY.H H.arf. f...H..a .aar.aa.a e -------------- w......... ----------- d - l..f.1f..1f.f.f.fflf Proposd Text: (Include l! .....gadescription cxmmonlocatir�nd f i. ►Nf.11fYHfflff size): Petition Mo. 51'•96-5. Tovs R„ _Us, Inc., recxstira`,_ variance be made to the Si q2 Ordinance allowir a third wall sian a ,L ___. R. 31) and pint Ridg,. Road (C.R Caacon t or, ev. r t _ . z. . -_ �MMMfN.1N.N ►..r.a+++.,.N. 1NN.N.NN..�HMa.a.M,�. _ _ _ _ _ Does Petition Fee InctuSe Advertisirg Cost? Tes )C= Mo /—T If yes, what accoent should be charged for advertising costs: 113 —r-3312- 649100 P.O. #700012 Ma+sMf-ffe- lHMfy. NffMNtNfM I4TMf f�NH.fN.Nf.Ntf ffN'N�aa•.y Reviewd by: Approved by- Division Mead Date County Date List Attachments:() (2) (3) • flNNafa.NMf.aa. 1Nfff.N..a.f -f.. .N1 ♦ H.N N DISTRIBUTION IMSTRUCT1oaS A. For hearings before BCC or QA: Initiating person to complete one copy and obtain Division Mead approval before saboitting to County Manager. MOTE: if legal document is involved be sure that . necessary legal review, or request for swse is sLkwitted to Coutty Attorney before wbeaitting to CovstY Manager. The Manager's Office will distribute copies: [ M agerefr file; /_j ReClUe rg { sion; Original t9- ilcrII Office �/� /'c -'l ari / (nitiatinc Division Mead to —;4 o2m i"Y 22ioinet to Clerk's Offic e. a n c for file. 13A 4 RESOLUTION NO. 97- RELATING TO PETITION NUMBER. SV -96 -5 FOR A SIGN VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public, and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances, and WHEREAS, the Board of Zoning Appeals being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a variance to allow a third wall sign to be placed on the rear of the building as shown on the attached plot plan, Exhibit "A", in a C -5 zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County, and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled and the Board having considered all matters presented, NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition SV -96 -5 filed by Toys "R" Us, Inc., with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for a variance to allow a third wall sign to be placed on the rear of the building as shown on the attached -1- 13A 4 plot plan, Exhibit "A ", of the C -5 zoning district wherein said property is located. BE IT RESOLVED that this Resolution relating to Petition Number. SV -96 -5 be recorded in the minutes of this Board. Commissioner offered the foregoing Resolution and moved for its adoption, seconded by Commissioner and upon roll call the vote was: AYES: NAYS: ABSENT AND NOT VOTING: ABSTENTION: Done this day of , 1997. ATTEST: BOARD OF ZONING APPEALS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA APPROVED AS TO FOR14 AND LEGAL SUFFICIENCY: MARJ IE M. STUDENT ASSI TANT COUNTY ATTORNEY SV -96 -5 RESOLUTION /18854 -2- , CHAIRMAN r is =r� W ti N 0 I� m 0 i o 0o �o ow= N c .,, r� o m C 0 r is =r� W ti N 0 I� m 0 i I' I 13A 4 t Description of part of Southeast 1/4 of Section 11, Township 49 South, Range 25 East, Collier County, Florida (Toys R Us- Ridgeport Flaia) A part of th—I so: heast l!4 of Section 11, Township 49 South, Range 25 East, Co',lier County, Florida seine more particulzr!y describcd as follows: Cotrtniencrng at the southeast cord of said section 11; thence along the south lint of said Section 1 1 South 89'35'20" %iIcst 1323.65 feet to the southwest comer of the sout!,cas: I!4 of the southeast 1!4 of said Section 1 1; thence North Ou'2 2' 1 1" East 67.51 feet to the no;-,h right -of -way line of County Road C -396 (Pine Ridge Road) as dzscribcd in O.R. Book 893, page 169, Collier County Public Records, Collier County, Florida; t`tence along said nor -th. rich;- of -%vay line ]Forth Sy` :i'?0' East 97,.44 fee,; thence !easing said nor','.. rI- - of -way line \'or,n 01`08'50" East 17I.SO feet to t!;e point of Be ginnir,e of the parcel herein dcscri5ed; thence i:or.r, S8 =51' 10'• VVes: 40.00 feet; thcncc North G1'07'06" Eas: 36 CO feet, thence North SS °>1'29' `,-,'.st 42.41 feet; thcn;e North 01 °06'13" East 354.00 feet thence South SS °5 ( 10• East 292.59 feet, thencc South 01 `06'5 2" %Vtit 19 17 feet, .'Uid (S �s,, J ,C., to ,ry ;n: CGn ;•1° V.'es: r 2, 0!- '.l'�� C`r .�lr ^U. i} r J $ I;r.e So,,-,h v: t )rnCe i e a % l S'ij r':`. !1' ~. ....� N:,, -h �0 - I'J �: r 2 r s , ••e, feet to the Point of IJe_i ^nines :�f'�hc parcel l :er.inr•acscrit,cc; Contain;-._g !i *� a- � ; :ore :•* lees; Bearing; are Ia ;ej on the soots lint: of said d Sc;;ro, 1 I ►_,ern_ South F ;� 35•.,C >, West. S.;hject to tasew..e^ts and r ?ar „Hors of record t 8, '®1 ;442 746 2 -27 74r12-31 74 749 750 751 752 01-02 753 01 -0G 754 @1 -02 7�,�,5 01-03 '756 91--03 FAX TO : _ U OL LOMTIOE 4-� . FAX NO: errs : l _ S L) - 9 FROiFi : WC'ATIO N : COLLIER COUNTY CODl TM. SE FAX NO: (941) 774 -8408 FTKME NO: (9!11) 774 -8406 PATE SENT TD CE 2 .1 y 17:33 00 °01'33 09:59 00'02'22 12:25 00' 04'36 11:37 x°01'41 16:28 00'01'48 12:03 00'03'08 16:17 00'01'53 11:47 00' 02' 03 16:18 00° 03' 33 17:25 00' 01 ' 30 11:29 00' 02' 53 16:59 , 09°01'47 13A 4 # OF PAGES ( INCLIIDDG THIS COVER) 1 607 272 8806 011 2 941 495 1203 OV 3 9414357642 OK 7 2059391360 92634864 01< 2 9412626455 OK OK 3 5 9414344652 OK 3 92634864 DEC 3 9419970393 OK 4 13136447972 OK 2 9419970393 OK 3 OK 3 TOTAL ttPGS 72 13A 4 January 3, 1997 Ms. Judith Flanagan Naples Daily News 1075 Central Avenue Naples, Florida 33940 Re: Notice of Public Hearing to consider Petition SV -96 -5 Dear Judy: Please advertise the above referenced notice one time on Sunday, January 26, 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 13A 4 ; NOTICE OF PUBLIC BEARING Notice is hereby given that the Board of County Commissioners of Collier County, will hold a public hearing on TUESDAY, FEBRUARY 11, 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 SV -96 -5, Toys "R" Us, Inc., requesting a variance be made to the Sign Ordinance allowing a third wall sign to be placed on the rear of the building located in the Ridgeport Plaza on the northwest corner of Airport Road (C.R. 31) and Pine Ridge Road (C.R. 896) in Section 11, Township 49 South, Range 25 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 JOHN C. NORRIS , CHAIR21AN DWIGHT E. BROCK, CLERK By: /s /Sue Barbiretti, Deputy Clerk (SEAL) 13A 4 January 3, 1997 Toys "R" Us 461 From Roac? Paramus, New Jersey 07652- -3524 RE: Notice of Public Hearing to consider Petition SV -96 -5 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, February 11, 1997 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, January 26, 1997. You are invited to attend this public hearing. Sincerely, Sue Barbiretti, Deputy Clerk Encl. Naples Daily News Naples, FL 33940 Affidavit of Publication BOARD OF COUrITY COMMISSIONERS FINANCE DEPT. - KATHY ARLOTTA Po Box 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 -700012 57426538 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared Nina Iverson, who on oath says that she serves as the Assistant Secretary of the Naples Daily News, a daily newspaper published of Naples, in Collier County, Florida: that the attached copy of advertising was p'klished in said newspaper on dates listed. Affient further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and F.sa been entered as second class wail matter at the post office in Naples, in said Collier County, Florida, for .a period of 1 year next preceding the first publication of the attached copy of advertisement; ,and affient further says that he has neither paid nor promise any person, firm or coporctior any discount, rebate, commission or refund for the purpose of securing this odvertisewent for publication in th said newspaper. PUBLISHED 04: 01/26 AD SPACE: 4.167 INCH FILED ON: 01/27/97 k Of Q trip FM cow TWO W 1 tarw rM OfiQkskim ii- TW .1 . da' 40th lhia 13A 4 �d a pok how" _ on f�bft.so 191 V 11& C"", Fowi' U'ff W '0-8& MW b 10 cow a f� ,�, f Balk" pf""W Q Tatted of (MV ftitf3@ % M1 wo W a W- WW*Wft Ila 4#" %W ** COW Is ft be id Nat tiI101 - -- •--- - -- - -- / i L air'• Signature of Af f ian: y�r - Sworn to and Subscribed before me this day of ]_19�1 Personally known by aa �el -- .: Judlth A. F4njgan Ah COAMM uY 19508187 EXPtWS "D nwu rnor r,Am ,Sj 1eto: 2141951 OR. 2282 PG; 2145 REC 11E 16.i0 REAL PROPEATI 11CO1DID ire the 0111CIAL RECORDS of COLLIER COURTI, P: DOC-.10 .10 IIT 699: 02/12/91 at 01:21PN DWIGHT E. BROC1, CLIRK COPIIS 2.00 INTER OPIICE 16 D 1 DRAINAGE EASEMENT THIS EASEMENT, made and entered into this. 'th day of 199,1, by VINCENT W. MALERBA and KATHLEEN M. MALERBA, husbarfd and wife, whose mailing address i5:1100 S. Collier Blvd., #1422, Marco Island, FL 34145, as Grantor, and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 3411 2 its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and Granted' include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non - exclusive, license, and privilege to enter upon and to install and maintain drainage and utility facilities on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions and reservations of record. "The subject lands are not homestead lands." TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land. place. excavate; ind rF move meter.21S fc, t".^ purpose of construction, operating, and maintaining drainage and utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Witrtetes as ,to both: (/ A �WIiness: Christine Taylor inteLVV. ale rba Printed Name: tNitnesi77 Kathleen M. Malerba Printed Name: _�� 'c r 1100 S. Collier Blvd. #1422 Marco Island, FL 34145 STATE OF �—L- The COUNTY OF foregoing Drainage Easement was acknowledged befor;, :n2 this I day of ( ^ kr. hl( . 1996 by VINCENT W. MALERBA & KATHLEEN M. MALERBA, who is personally known t g. Printed Name: NOTI\RY PUBLIC Commission # Expires: f �r %, 7�t✓ jhis d�niment ccceP!td 5y � a the PCC _��_ ��• r * ** OR: 2282 PG: 2146 ttt EXHIBIT A DI SCRIPTI0N OF DRAINAGE EASEMENT (D. F,). BEGINNING AI THC SOUTHEASTERN CCPNCR OF r)i t2. RI Ix'.v }�, MARCO P'ACH UMIi s AS RECORDED IN PLAT BOOK 6. PAGES 25 TO 31. �'•JE311C RECORDS OF COLLIER CC'JN,. FLORIDA. SAID ROIN? BEING ALSO THE N017 THE ASTERI" r ; r�Fk uF 7[ OT 11, THENCE RUM S37.27'S3 -W 6 00 FEET. THENCE N52'32'07 -W 6 00 IF[ I. Tf+f Nff N.}7'7 /''�3"E 70.1•i FEET; THENCE N69'38'48'W 98.7fi FEE''. TIDE NCE I T 7-E F ' -.66 FECI. THENCE 56978'48'[ 104.5• FEET. THENCE S \72'51 W 81.66 FEFI TO THE r ANT OF RFG!NNING; CONUR.ING1991 :OUARC FCC T• MORE OR 1 CS9" F 16D 2 IFrA LOT 11 e BLOCK 37 UNIT 2 1MNOMILL AVENUE MARCO BEAC>~ COLLIER COUNTY, FL BOARD OF COUNTY COMMISSIONERS A G- MISCELLANEOUS CORRESPONDENCE February 11, 1997 FOR BOARD_ACTI iSN: 1. miscellaneous Items to File For ecord Wilk Ac i4l] nirected 2. District6' A. Cow Slough Water Control District - October 24, 1996 and agenda. B. Cow Slough Water Control District - November 21, 1996 and agenda. C. South Florida Water Management District Workshops - December 10, 11, 1996 and agenda for January 15. Minutes of December 12, 1996 meeting and agenda for January 16,1997. D. South Florida Water Management District - October 9 and 10, 1996. Agendas for November 13 and 14, 1996. E. South Florida Water Management District - November 13, 14, December 12, 1996. Agenda for December 10 and addendum for December 12, 1996. Minutes for Human Resources /Audit Committee - September 11, 1996 and agenda for December 10, 1996. F. November 12, 1996 letter to Dwight Brock from Joan Owens including final Annual Certified Budget for the Collier Mosquito Control District for Fiscal Year 96 -97, Current District Map and registered office and agent. G. Port of the Islands Community Improvement District - October 24, November 5, 21 and December 19, 1996. H. Immokalee Lighting and Beautification District Official Ballot Pursuant to Chapter 63 -1242. I. Fiddler's Creek Community Development District - Landowner's meeting - September 25, 1996. Regular meeting - August 20, September 25, and October 28, 1996. J. November 5, 1996 letter to Dwight 5rock from James Ward enclosing the District's Proposed Operating Budget for Fiscal. Year 1997. K. AGENDA IT M No FE 1 1 1997 Pg. Dove Pointe Community Development District - reconvened June 22 meeting held June 28, 1994; reconvened July 7 meeting held July 14, 1994; reconvened August 24 meeting held August 31, 1994; reconvened August 31 meeting held September 8, 1994; reconvened December 1 meeting held December 8, 1994; reconvened November 23 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE February 11, 1997 meeting held December 1, 1994; reconvened November 16 meeting held November 21, 1994; reconvened November 9 meeting held November 16, 1994; reconvened November 3 meeting held November 9, 3994; reconvened November 21 meeting held November 23, 1994; regular meeting - August 24 and November 4, 1995; September 25, 1996; October 22, 1996. Landowners meeting - September 25 and December 6, 1996. Naples Heritage Community Development District - November 18, 25, December 9, 1996. 3. minute : A. The Beach Renourishment /Maintenance Committee agenda - January 3, 1997. Referred to BCC. B. Golden Gate Community Center Advisory Board - December 2, 1996. Referred to BCC. C. Collier County Historical /Archaeological Preservation Board - December 13, 1996 and agenda for January 10, 1997. Referred to BCC. D. Environmental Policy Technical Advisory Board agenda for January 13, 1997. Referred to BCC. E. Tourist Development Council agenda for January 13, 1997. Referred to BCC. F. Collier County Planning Commission agenda for January 2 and 16, 1997. Referred to BCC. G. Collier County Airport Authority agenda - January 13, 1997. H. Golden Gate Community Center Advisory Board - January 6, 1997 I. Council of Economic Advisors - October 2, November 13 and December 11, 1996. J. Ochopee Fire Control District Advisory Board - December 9, 1996. K. Technical Advisory Committee /Citizens Advisory Committee - December 11, 1996 and agenda of January 22, 1997. L. Parks and Recreation Advisory Board - December 18, 1996 and agenda of January 22, 1997. AGENDA ITEM No -j%a�— County Government Productivity Committee - December 18, 1996 and January 15, 1997. FE B 1 1 1997 pg._ Z BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE February 11, 1997 N. Marco Island Beach Renourishment Advisory Committee - December 4, 1996 and agenda for January 8, 1997. Referred to BCC. O. Marco Island Beautification Committee - January 7, 1997 and agenda for February 4, 1997. P. Affordable Housing Commission Meeting - November 19, 1996. Referred to BCC. Q. Environmental Advisory Board - December 6, 1996, January 8, 1997 and agenda of January 8 and February 5, 1997. R. Library Advisory Board - July 24, October 23 and December 11, 1996. 6 Septe.ber 25, 1996 S. Code Enforcement Board - October 30, November 25, December 12, and December 13, 1996. Referred to BCC. T. Pelican Say MSTBU Advisory Committee - December 4, 16, 1996, January 8, 1997 and agenda of January 8 and February 5, 1997. AGENDA ITEM No . _LLe. FEB 1 1 1991 3- P4• -- .Coy�, SI C'tt1('H WATER CONTRO�RL� � p t,,,,annrTHi.Y AGENDA QCTORER 24 149b nt 3:04 o.m. THIS MEETING IS OPEN TO THE PUBLIC BOARD OE,SVPBRNIS R5 of CQ;nty Corri s s i Mr. Dills Townsend, President Mr. Phil Sherrod, Supervisor Mr. John Giddens, Supervisor 2) 9[ D BUSINESS a. Approve the Minutes of the Monthly Meeting Held on September 26, 1996 b. Pacific Landco Update. c. Other. :t: a. Approve Financial Repexts, September 1996. b. Crrtificatc of Dcposit. c. Execution of Collection Resolution. d. Audi Ycar Ending September 1996. e. Update on FASD Biennial Conference f. Claim, 5 W4 27 q : : a. D.O.T., Highway 29 Updatc. b. Eaorunents Update. c. SF WMD Updatc, Constriction on Facilities (L Giddmi's Ditch. e. invoice From Short Environmenual, Explanation. f Fye Pond Connection Issue. g- Other. a. Discussion. 6) N)Y-RU 'NE55 I;'isc. Corres: a. Discussion. Z _ I Date: 7) AD JO JENYLENT C &ALXNUA I : e Ti Copes To: • . • .. r' ' • .rr• r• •r ►, • .rr.t ,r�' err . BOARD OF 5jjPF.RYLOR5 ADMINISIBATOR Mr. Dallas Townsend, President Ms. Dana Clement Mr. FNI Sherrod, Supervisor Mr. John Giddens, Supervisor Mr. Bob Roth, Representative of Barron Collier Company Mr. Tommy Perry, Johnson- Pre'Nitt, District Engineer Mr. Nick Tringali, Representative of Berry Corporation Mr Townsend called the October 24, 1996, Cow Slough Water Control District Monthly Meeting to order at 3.06 p.m.. These meetings are held in the County Extension Offices located in LaBelle, Flori(ia. Mr. Townsend stated that Mr. Sherrod would not be present. 2) Q D HT5ZES5 a) RATIFY THE MINUTES OF ]$.E MON'HI.Y MEETING HELD ON S ]F-g2.¢Lj22� - Mr. Giddens made a motion to accept the minutes of the September 26, 1996 Monthly Meeting as corrected. Mr. Townsend seconded the motion. The motion passed unanimously. b) pA['IFt[�a'f) iIPDATEE - Mr. Townsend stated he did speak with Mr. English and he again promised he would meet with his attorney Mr. Jay Watkins regarding the easements. Mr. Townsend stated he did explain to Mr. English that this issue must be resolved. Mr. Townsend silted he is probably going to have to meet with Mr. English and his attorney to get things in motion. Mr. Townsend stated if this issue is not resolved shortly, he is going to have to inform Mr. English that the district will need to seek legal remedies to take the easement. c) QTR.$ - Mr. Townsend stated the District received an invoice from Kelley & Bowden in the amount of $5, 115.00 for the removal of rock in Latecal 2. Mr. Roth asked Mr. Perry what the rock clause stated in the contract? Mr. Perry stated there was a clause in the contract stating it was unclassified digging and that the contractor was responsible for digging the rock out, regardless of rock or not. Mr. Perry stated there were no rock clauses. There was a lot of discussion regarding the invoice. Mr. Perry stated he figured the cost at COW SLOUGH WATER CONTROL DISTRICT BOARD OF SUPERVISORS 16 G 'I MONTHLY MEETING OCTOBER 23, 1"6 52.00 per yard for digging the rock. Mr. Townsend stated according to the invoice, the contractors were out there for 10 days. Mr. Perry stated one of the problems was that they started off utilizing a headache ball and made no progress. Mr. Roth stated the district is not paying a contractor for a learning experience. Mr. Roth stated in the absence of a rock clause, the district could refuse to pay the contractor, or pay a fair price. Mr. Perry stated the district had two other bids received on this specific job, and one of the contractors did qualify that if they did come in contact with rock, they would charge the district for the work incurred to remove it. Mr. Townsend stated another issue which needs to be resolved immediately, is the removal of the spoil on Lateral 2E which Kelley & Bowden left in the way. Mr. Townsend again reiterated to Mr. Perry that the district ever digs another ditch, it is to be clearly understood, and drawn out, what is to be done with the spoil so that both sides of the ditch are passable. Mr. Townsend stated as it stands now, you cannot get down either side of the ditch. NU. Townsend asked Mr. Perry if he met with Mr. O'Quinn the had both met with him one in his grove? Mr. Perry stated he did meet with Mr. O'Quinn on a difft rent project one time after that. Mr. Townsend stated there are two sand bars in the dilzh over there and it might be a situation the district has to rer:tedy, and then forward Mr. O'Quinn an invoice. Mr. Perry stated Mr. O'Quinn did state he would rectify that situation in a timely man M. , but he has not taken care of the situation NL. Tow°..sPnd stated Mr. O'Quinn has the pump at least eight feet in the air over the dike, and it is straight up. Mr. Roth stateti eventually it will make a huge donut in the bottom of the canal. Mr Townsend stated this has already occurred. Mr. Townsend stated the district needs to get some equipment out there and rectify the spoil situation so it is passable. Mr. Townsend stated this may be a good negotwirog tool what dealirig with Kelley & Bowden on the invoice_ for the rock removal. Mr. Townsend stated he realises this was not dc�signated in the plans for Kdky & Bowden. but the spat Woe on Lateral 2E nee& to be addressed now, before it is overgrown with bushes, ear: Mr. Roth made a recommrndaticm to the Board that they should authon= Mr Perry to approach Ke11 -y do Bowden tiling them know that the Board is in the mood of not Vvieg sip a cent for the rod* retnovul dux to the mess which they k.f3 on Lateral 2E, but wiry the Board .Faarid tote to be Ear. it would also like to see the s d cleaned up fast whde the Board coutewpUm the awotant of the wnxwz to be payed. Mr. CMdem and W. Town =md both stated they fed Keiey A Bowden rioaid be reimbursed for some of the invoice, but that the cwt far exr=& being fir, and the job butch was performed on Lateral 2E does not moot wiith their apprav-ai. Aftex a lengthy docu., im Mr. Townsend instructed S& Perry to loos* bad* is On records at what RAgedAl ConstnKxiat charged the district when they performed a prvvxms )ob for CSW -CD. and see what the fee was for the ranoval of the rock. Mr Townsend abo iiear:caed W Parry to inform Kdky & Bowden that the dmu-ba is getting over the watni shod* of the fame aaat t of ti-- invoice, and that the district wants to be fair abota the siid.aQioa and is a fair aMrer»we Also, the Lateral 2E ditch, ranoval of the spoil, needs to be addressed vow before it bec+oraes overgrown. COW SLOUGH WATER CONTROL DISTRICT BOARD OF SUPERVISORS MONTHLY MEETING OCTOBER 24, 1996 16G Mr. Roth asked if Jerry Bowden has visited the site? Mr. Perry stated no, he has been ill. Mr Perry stated he will ask Mr. Bowden to visit the site with him. d) Mr Townsend stated the Certificate of Deposit was taken care of e)Mr Townsend stated the district has contributed funds to the FASD to help them recoup some of the 517,000 which was spent on additional legal fees in fighting legislation to secure the future of Special Districts, and asked Ms. Clement what ever happened to the $17,000 00 they were trying to collect from all the Special Districts? Ms Clement stated she did attend the Biennial Conference sponsored by the FASD, and there were two meetings held for Special Districts at which time the issue of trying to secure contributions in the amount of 517,000 was discussed Ms. Clement stated other districts are slowly contributing, but they have not received the full 517,000 00, and are still seeking contributions Ms Clement stated these additional fees were well worth it, as it involved a fight to save all 298 Special Taxing Districts and FASD's attorneys did a great job Ms Clement stated Mr Lewis has informed the FASD that this same situation could occur this year Ms. Clement stated it is imperative for all supervisors, and landowners to meet with their local representatives to educate them and let them know what Special Districts are and how they operate, and to also vote for those individuals who are supportive of 298 districts. Ms Clement she has spoken with Mr. Lindsey Harrington who is running against Mr Vernon Peoples for being a Representative his Clement stated that Mr Harrington informed her, he is supportive of 298 taxing districts Ms. Clement stated it is also critical to try and contact our local County Commissioners to try and see how they feel about 298 districts. Ms. Clement stated she will be attending as many FASD meetings as possible, and will keep the Board and landowners apprised of any information which would be critical to the districts a) AMEND SEPTE R 19% FINANCIAL RFFORTS - Ms. Clement stated a motion needs to be made to ratify the additional expenditure issued to FASD, incurred at the close of the September 1996 meeting. Mr. Giddens made a motion to ratify the expenditure to FASD and amending the September 1996 financial reports and Mr. Townsend seconded the motion. The motion passed unanimously. b) AffKQA OCIOB � R 1 - Mr. Giddens made a motion approvi E ng the October 1996 financial reports as submitted. Mr. Townsend seconded the motion and and the motion passed unanimously. 0 CERTIFICATE OF llEPOSIT - Ms. Clement stated the Certificate of Deposit matures C'O'N SLOUGH W ATL)R COMMOL DErMCT BOARD OF SUPt SVISORS MONTHLY Mii:MING OCTORRR 24. 1Sl6 W17 on October 28, 1996 and that 4 is currently at the Clewiston National Bank. Ms. Clement stated Mr. Townsend has executed the certificate so when it matures, a new certificate will be issued for a six month period. Mr. Townsend stated he has already spoken to the bank President letting him know the District will be s-.eking quotes for a competitive interest rate when the District is seeking a loan somebrne after the first of the year to pay ofithe canal. Mr. Townsend stated the District will contact all of the local banks seeking a rate. d) EXLj V_UQlC _(&_C LION RESQ'�,jJTTOI'Z - Nls. Clement stated a motion needs to be made authorizing Mr. Townsend to execute the Collection Resolution, Ms. Clement stated the resolution is an annual one and states the district wishes to continue with the uniform method of collecting non- advalorem taxes. Mr. Giddens made a motion authorizing the execution of the Resolution. Mr Townsend seconded the motion and the motion passed unanimously Mr Townsend executed the document. e) AUDIT. YEAR ENI)MG SEPTEMBER 1996 - Ms. Clement stated she has taken all the necessary information to Boy & Associates, P.A. so they may begin the auditing process. f) JTPDATE ON FASD BIENNIAL CONEEMNCE - previously discussed. g) QIUE - Ms. Clement stated a check in the amount of 52,040.00 was issued to Johnson &Prewitt in July 1996 which has apparently been misplaced. Ms. Clement asked the Board if she should stop payment on the check? Mr Townsend stated the cost to stop payment is considerable and is not enforced for a long period of time. The Board instructed Ms. Clement to simply issue another check to Johnson & Prewitt to be presented for execution at the next monthly meeting, and if the check shows up in the future, destroy it. Mr. Giddens made a motion authorizing Ms. Clement to re -issue a check in the amount of 52,040.00 to Johnson & Prewitt, P.E. for presentation and for execution at the November 1996 Monthly Meeting. Mr. Townsend seconded the motion and the motion passed unanimously. Mini A) V-0-1., AIGIMAY 29 UPDATE - Mr. Perry stated D.O.T. has reviewed their files and they are wanting the district to secure a non - exclusive easement from them to utilize the ditch which runs adjacent to Highway 29. Mr. Perry stated he feels this easement will be a good deal for the district rather than going through the permitting process. Mr. Perry stated a survey crew is out there now securing additional cross sections which will be presented to the D.O.T. Mr. Roth asked if this COW SLOUGH WATER CONTROL DISTRICT BOARD OF SUPERVISORS MONTHLY MEETING OCTOBER 2J, 1996 16G would be a permanent easement so that the district could go and perform maintenance on it from time to time? Mr. Perry stated yes, it would be a permanent easement and would not have to be revisited. Mr. Perry stated the other item the district wants to make sure to secure, is that the easement is worded in such a way that the landowners can discharge into the ditch without having to get permitted with D O T Mr Giddens asked if the discharge would go through a culvert" Mr Perry stated yes, everything would go through a structure b) FASEMENT UTTAIE - Mr Pay consulted a map in the discussion of easements. Mr Perry stated he is indicating where the district has easements and where it does not. Mr Perry stated in particular, he wants to be ,ure to get the easement between the Dunaway's and Rawl's property done correctly so these landowners are satisfied. Mr Townsend stated the district needs to make no assumptions, and recommended Mr Perry meeting with both the Dunaways and Rawls to reaffirm his understanding of what they want. Mr Townsend stated as he understands it, each landowner is willing to give up one -half of the easement, but this does need to be confirmed by the landowners Mr. Roth stated after this issue is checked out by Mr Perry, he should write a letter addressed to both parties, enclosing a map, and a plan outline, indicating what he feels both landowners are wanting and ask them that if his drawings and plans are correct to please to sign off on the project The Board concurred. c) SFWMD UPDATE, CYINS ON FACIT IT-- - Mr Perry stated he has contacted Mr. Richard Thompson of South Florida Water Management District (SFWMD) and Mr Thompson is getting his paper work together so he can speak with me sensibly, and the we can come to a conclusion on this issue. d) GIDDENS'S DITCH - discussed previously. e) INVOICE FROM[ S T ;L EUUNATION - Mr. Perry stated he phoned Short Environmental regarding the two bills acquired by the district during the year which exceeded the normal one or two visits, and Short was supposed to investigate this issue and he has not heard ba.k from them. s1r Perry stated he will follow up on this situation. Mr To , ;;send ,fated he oelicves that perhaps in the future the district should cooperate with .IAS in regards to v a,cr ,;ual:r: analysis. Mr Townsend stated he believes some of the phosphorus is not coming OL11 of the grin e as much as it is natural background phosphorus seeping in the ditch from the lover zones Mr Townsend stated if the phosphorus in sandy soils has a ph above 5.5, it does not leak out very fast, but it does continue to leach down to the lower zones of the soil, basically to the water table. Mr. Townsend stated the phosphorus goes up and down with the water just 5ke nitrogen does. Mr. Townsend stated he believes that sometimes what is occurring, is that these is a stagnated ditch there, were the water is seeping into the ditch and then there is a rain and you suddenly flush all of the stagnated water out and that is when the high readings of phosphorus occur. Mr. Townsend stated as long as the weather is calm it is fine, but if the district receives some rough weather and stirs up the water out there, the phosphorus rich mud underneath then gets mixed into the water and you get a big slug of phosphorus coming out of the lake, thereby, the high COW SLOUGH WATER COtfTROL DISTRICT BOARD OF SUPERVISORS MONTHLY MEET17VG OCTOBER 24, 196 L G phosphorus readings. Nir. Perry stated the people who manufactured the sampler the district is currently operating, manufacture a mechanism which simply turns the sampler on or off when it is at a prescribed elevation. Mr. Perry stated he believes this option should be looked into for the distract. Mr. Perry stated the cost is approximately $500,00 which he feels is too costly Mr. Perry stated the district needs to have a welder come to the site of sampler and install a tube in front of the structures to protect the flow. Mr. Perry stated with this done, the district vnll receive bitter results in the future. Mr. Townsend stated the district can get Mr Kirby Williams to come in and weld on the tube Mr. Giddens stated Mr. Williams could also remove the gates out of Church Road as there is a center stem on the structures and they are rusted out and the trash hangs on the rusted pieces of metal. Mr. Roth stated Mr. Perry's idea would solve the future problems with the sampler, but what about right now? Mr. Townsend asked when Short Environmental comes and pulls samples? Mr. Perry stated every second week, and then during the fall, the district cuts Short Environmental back to pulling samples once a month. Mr. Townsend stated shortly, the district will need to begin sending the water quality analysis reports to Duda. Mr. Townsend directed Mr. Perry to inform Short Environmental they need to pull samples only once a month, and for Mr. Perry to look into the automatic on/off mechanism. O EYE FOND CONNECTION ISSUE - Mr. Perry stated he is looking into the Eye Pond project and will speak to Mr. Richard Thompson (SFWMD) regarding this subject. Mr. Perry stated his idea is to tell SFWMD the district will be delivering a lot more water to Fye Pond through Highway 29, but that the district is concerned that it does not want to flood it, and is seeking an alternative for the water to get back out. �: ► 1:_1 V �._. a) Mr. Giddens asked if the district is going to put the spoil on the Highway 29 ditch? Mr. Perry stated D.O.T. will dictate, but he will ask D.O.T. if the district could put the spoil on the East side of the road so it will not create a berm, which would cut off drainage for some of the landowners in that area.. Mr. Giddens asked if the district can continue to herbicide this ditch? Mr. Perry stated it will keep the vegetation down. Mr. Townsend and Mr Roth concurred. COW SLOUGH WATER CONTROL DISTRICT 16 G I MONTHLY FINANCIAL REPORT FROM SEPTEMBER 27, 1996 THROUGH OCTOBER 24, 1996 OPENING BALANCES OCTOBER 1 1996 CHECKING ACCOUNT BALANCE 81,996.57 CERTIFICATE OF DEPOSIT 14,501.31 TOTAL 96,497.88 INCOME: 9/30/96 INTEREST ON ACCOUNT (CHECKING) 203.36 HENDRY COUNTY -TAX REVENUES 0.00 COLLIER COUNTY -TAJC REVENUES 269.98 RECEIVABLES, ENDING OCTOBER 24, 1996 473.34 TOTAL REVENUES 96,971_22 EXPENDITURES: JOHNSON- PREWITf & ASSOCIATES, INC. 1,032.50 KELLEY & BOWDEN 86.40 SPRINT (LOCAL PHONE SERVICE) 17.81 COLLIER COUNTY PROPERTY APPRAISER 610.48 LENTS, LONGMAN & WALKER, P.A. 3,344.75 DANA CLEMENT, ADMINISTRATOR 857.85 LDDS (LONG DISTANCE PHONE SERVICE) 1.73 TOTAL EXPENDITURES, ENDING OCTOBER 24, 1996 5,951.52 ENDING CASH BALANCE AS OF OCTOBER 24, 1996 91,019.70 2 el 2. r r 8 8 -F,- 8 8 . e 8 8 8 P 8 � 8 8 1p F P3 8 8 . . . o . . . . . . . . . R 8 8 8 8 8 4 8 r, 8 8 �j 6 9 8 8 . . . . . . . . . . . cl . . . . . . . . . . . . "1 . 8 8 8 . . . 8 8 8 8 8 8 9 T 8 bye 8 8 R rA a 9 c 8 8 8 4 w .a 16G - - 50T Q AA � 8888 }38Ck1L SAM H L2i� Ho b8td�d BAR k88:8 8k01 � �,O U zzb All i� ru0 w Q M O 's S S S S 8 �1 bG + y $ 8 8 8 8 8 S 8 8$ 8 8 S 8 8 8 0 0 0 o a e -M.. o o `o .wi .•. � o �. I ^o�^ro =a�w 1 i 8 ,ss i 8 � g � 1 , pp UU 111�� GOG 1 1 M , g � i S S � � ••t i i A 8 IS O S ; q B O I o " � to 1 iRRPii77 •° ;�� 8 8 S � N Q Op Op yn S O O O _ � • 1+ O }� 1 sy w• 1 u0p 40iy � �� pO O pS rOj O0 16G WHEREAS, Chapter 197, Florida Statutes, provides two viable alternatives for the levy and collection of existing special assessments; and WHEREAS, Section 197.363, Florida Statutes, allows a taxing authority, at the option of the Property Appraiser, to continue to collect special assessments utilizing the county method of tax collection; and WHEREAS, Section 197.3632, Florida Statutes, allows a taxing authority to utilize a uniform method of levy and collection of non -ad valorem assessments upon passage of a resolution determining to do so, and WHEREAS, the Property Appraiser may agree to enter into an agreement with the District pursuant to Section 197.363, Florida Statutes, to continue to collect special assessments for 1993 and thereafter pursuant to that section of law; and WHEREAS, the Board may determine it is in the District's best interest to utilize Section 197.3632, Florida Statutes, for 1994 and yezrs thereafter; and W 1EREAS, the Board determines it is in the best interest of the landowners of the District to authorize utilization of both methods in the discretion of the Board of Supervisors; and WHEREAS, leg.;' description of the District, being the real property subject to the levy, is as follows: In Township 45 South, Range 28 East: All of Sections 13, 14, and 24; and Section 25 less the following described parcel: Commencing at the southwest corner of said Section 25; thence N. 0 -39 -29 W. along the west boundary line of said Section 25 a distance of 665.19 feet to the Point -of- Beginning of this 16G r Resolution Page Two description; thence continuing N. 0 -32 -29 W. along said west boundary line of Section 25 a distance of 4656.88 feet to the northwest corner of said Section 25; thence S. 87 -56-46 E. along the north boundary line of said Section 25 a distance of 1950.00 feet; thence S. 0 -27 -54 E. a distance of 1176.05 feet; thence S. 0 -53 -38 E. a distance of 2450.41 feet; thence S. 0 -34 -26 E. a distance of 1025.07 feet; thence N. 88 -07 -20 W. a distance of 1963.85 feet to the said Point -of Beginning of this description. In Township 45 South, Range 29 East: All of sections 18 and 19; that portion of the South V2, we3t of State Road 29 and the South V2 of the Northwest V4 of Section 20, all Section 29 West of State Road 29; all of Sections 30 and 31, and all of Section. 32 wes'. of State Road 29, In Township 46 South, Range 29 East: All of Section 5 west of State Road 29; all of Section 6; that portion of Section 7 north of State Road 82; all of Section 8 West of State Road 29, and, that portion of the North V2 of Section 17 west of State Road 29. NOW THEREFORE, be it resolved. I. The Board of Supervisors of Cow Slough Water Control District hereby authorizes. a. Utilization of Section 197.3632, Florida Statutes, Resolution for the levy and collection of District special assessments, provided the Collier County/Hendry County Property Appraisers are agreeable to utilization of said law or, b. Utilization of Section 197.363, Florida Statutes, in the event no agreement can be reached with the Collier County/Hendry County Property Appraisers with respect to utilization of Section 197.3632 or in the event the Board of Supervisors of the District desires to utilize Section 197.363, Florida Statutes. • � r: r � �. i 1f .� • M r i • +,• '/,i. .�v rte• Mr. Dallas To.rneend, Provident Liz. Phil Sherrrad, Supezvicor Mr. John Giddens, Sup= visor Mr. Bob Roth, Representative of Barron Collier Company Mr. Tommy Perry, Joharron-Prewttt, Distsiet Engtaeer Kz. Nick Tr+_agall, Representattve of Derry CorForation Mr. Bald Rawbc, Landowmwmr 9WJ-163-1% its e• • A Ka. Dena Clement Mr. SlunTod called the November 11, 1996, Caw Stough Water Control District Monthly Meeting to ordaa at 3:06 p.m.. These meetings are held in the County Extension 08lres located in LaBelle, Fhrrlda. Mr. Shenod stated that Mr. Townsend would not be present. r iris' tf.t r►,i•zt • ra. . ;rya '••1��.r .t., • • t •iyt• :. <<• 1.4 TA 1, rM �-Ijz�y RWR b) PACM!Q /l AIMX* UPDATE - Mr. Sherrod stated there is no update. a) APP YJ N - Mr. Giddens made a motion approving the November 1996 financial reports as submitted. Mr. Sherrod seconded the motion and and thz motior_ gassed uzonimansiy. a) D.O.T., IDGE &Y 29jD!ZATE - Mr. Perry stated a survey crew has been working in this area, and the results should be ready for presentation at the December 1996 Monthly Meeting. Mr. Giddens asked if there would be a berm on the West Bide? Mr. Perry stated there Is already a little berm there and we will not add to that. Mr. Perry stated it is his intent to set it up so that J you come in, you do not have to go to the D.O.T. to seek a drainage connection. Kr. Giddens stated there needs to be a berm there, as currently the water is running across the 30 acres cd gaud. Mr. Parry stated when it Is apeaed up at the North and, It should allaviatc the problem for the humdawaer and he believes this problem can be solved without patting up it beam COW SLOUGH WATER CONTROL DISTRICT BOARD OF SUPERVISORS MONTHLY MEETING NOVEMBER 21, 1996 216 G b) ZME L)Uff M&IL - Mr. Perry present handouts to all present and stated he has prepared easements to laterals where the District does not have easements. Mr. Perry explained the contents of the handouts. Mr. Rawls stated he is not going to give an easement until he starts seeing some ditches. Mr. Rawls stated it has been about eight years without ditches and he is not giving any easements until he sees the equipment out there. Mr. Sherrod stated the district has dug ditches in the pant without easements, but that will not occur again. Mr. Rawls stated he Is not gtviru an easement and then the District sit on it again for ten years. Mr. Sherro4 stated the District is not sitting on this situation. Mr. Rawls stated he is still only receiving water from his North end. M.r. Giddens stated the new ditch Lateral 1 -E was not In the original Plan of Reciarnation and approval of th^ Amended Plan of Reclamation was necessary before work could begin. Mr. Rawls stated the original Plan did have the ditch there and the district has sat on it all th:s time, until about sire months ago when a ditch was finally dug. Mr. Giddens stated the district dug a ditch as far as the original Plan of Reclamation would allow. klr. Rawls stated yes, and It took eight years to achieve that. Mr. Roth stated it took a long time before that to get the Reclamation and get to the point where the district is now. Mr. Sherrod asked Mr. Bawls what he wanted the district to do? Mr. Rawls stated he wants to sec some equipment. Mr. Rawls stated the equipment was out there and dug short, and they have not moved back in to remedy that situation. Mr. Rawls stated this situation has been in the Engineer's and Attorney's hands all this time, and there still is no equipment out there. Mr. Rawls stated wben he gets a commitment and sees some equipment out there he will then consider Issuing easements. Mr. Roth asked if a contract with a company would be a sufficient commitment? Mr. Rawls dated when he sees an executed contract between the district and a contractor, he will talk easements. Mr. Perry stated he Is working with Lee County Co-op, and is expecting some answers from them shortly. Mr. Giddens asked If there was any reason why the district within the nest 30 to 60 days could not start looking into a contract? Mr. Perry stated the only problem is with South Florida Water Management District as they are wanting the district to bring the permit up to where the district is currently. Mr. Perry stated there are some time frames associated with SFWMD approving a permit. Mr. Roth asked if the plans have been submitted? Mr. Perry stated no, but he has spoken with SFWWD, and they have no problem with what the district wants to do, and they have indicated that the District's permit today, is for the Townsend Canal, and it states that all of the laterals have to come In for individual permits. Mr. Roth asked if the district could get a permit without an easement? Mr. Perry stated yes. Mr. Perry stated SFWMD asked him specifically what the District maintains. Mr. Perry stated he told them the District maintains what is in the Plan of Reclamation and would like to have this In their permit instead of the landowner's permit. Mr. Perry stated they are getting something together to forward to SFMMD and feels SFWMD Is willing to work with CSWCD. Mr. Roth asked if they will have to write a revised Staff Report? Mr. Perry stated yes. Mr. Roth stated you are looking at a 30 day review of the staff report. Mr. Perry stated the staff report will have to go before the Governing Board which is a 90 day delay. Mr. Perry stated they should have information submitted to SFWMD within 30 days. Mr. Sherrod stated the district will proceed to move forward as quickly as possible. c) INVOICE FROM SHORT ENiVIRONM NTAi• E_ "LAMTION - Mr. Perry stated he has spoken with Short Environmental and they are forwarding him some information so he can COW SLOUGH WATER CONTROL DISTRICT HOARD OF SUPERVISORS MONTHLY 2HEETIA`G NOVEMEER 21, 19% figure out how they have been invoicing the District in tha put. Mr. Perry stated the samples have come down and stabilized and look like they did last year at this time. d) FYF EQND CONKrE 09 IS$UZ - his. Perry stated he spoke with Mr. Richard Thomas of SFWMD today who is more of a surface water man than an en7ironmentod man, and he indicated that he was not opposed to the district coming through Fye pond, but there were some envrironrnental issues involved. Mr. Thomas stated that some how a control structure reeds to be installed going out, so Flo Pond is not over drained. Mr. Perry stated Mr. Thomas doer not make these decislons as they are environmental issues. Mr. Perry stated he wws hesitant to go much deeper into the discuuaton. Mr. Perry stated he will work with the Venice office and speak to Ms. Karen Johnson. Mr. Roth stated she is very sensible. Mr. Perry stated he will head this situation off an quickly as poesaible. Mr. Roth stated he sees no reason the district should have to install a control structure. Mr. Perri stated the only reason for the installation of a control structure would be to not lower the water table in F`yc Pond. Mr. Perry stated all the district has to do is protect the water elevation. Mr. Perry stated the district is not controlling how much water it is taking in. 'iii. Sherrod stated Mr. Perry needs to go and get elevations on the pond and see how high the structure would need to be. Mr. Roth agreed, and stated Mr. Perry needs to n= ke the connection a simple taper up to that, and b±s designs should not show an 8 foot deep ditch there and bring it up to match whatever elevations suit the Environmentalists and get away from hadat_ ing a structure all together. Mr. Perry stated if a structure is installed It would be a concrete ribbon or something which is hard. Mr. Roth stated yes, something to keep erosion from making the bottom become deeper. Ages much discussion, Mr. Sberrod authorised Liz. Perry to get elevations of Fye Pond and inform the Board of the results. e) & DOWDElr 11YVO10E - Mr. Perry stated he went back through the records and the eontxncts in the past did not have a rock price incorporated, but he did have a copy of an invoice from Kelley & Bowden from a different project which did indicate a price for digging rock. Mr. Perry stated the cost was $3.25 per yard. Krr. Perry stated it was cap rock. Mr. Roth asked at $3.25 per yard what would that calculate to for CSWCD's work? Mr. Perry stated $1,075.75. Mr. Roth asked what Kelley and Bowden charged the District? Mr. Perry stated around $5,000.00. Mr. Perry stated he has spoken with Mr. Bowden and indicated the district was reviewing the invoice. Mr. Perry stated he also spoke to Mr. Bowden about the dike, which they both went and looked at together. Mr. Perry stated Mr. Bowden did put a dozier in there, and the project has been completed. Mr. Giddens stated the work was performed to his satisfartion. After much discussion. the Board authorised Mr. Perry to speak with Mr. Bowden and come to an agreement on a reasonable payment of the invoice, with the cost not to exceed $2,500.00, which is approximately 509'6 of the original invoice. Mr. Perry stated he will meet with Mr. Bowden and send a letter to the Board with the results of the meeting. 1) Mr. Roth stated two or three meetings ago, another landowner was concerned about how close his fence was to the ditch. Mr. Roth asked how that situation was handled? Mr. Perry stated he wrent out and looked at the situation, but has not heard back from the landowner. Mr. Perry stated the ditch was dug properly and the district did stay the correct footrye from his fence and that the banks are very stable there and he foresees no problems. 16G COW SLOUGH WATER CONTROL DISTRICT 4 BOARD OF SUPWRVISORS MONTHLY MZITING NOV MBMR 21, 1495 � �Y. • �,JM• 2 =1 �1- a) Ma. Ciament stated Clewiston National Bank has sent a resolution for the Board to execute which ctaya an file in the bank indicating who has the authority to execute checks, etc. Mr. Sberrod and Mr. Gidd ns stated they would raview the docaaieat after the meeting. b) Mr. Qdd4ens asked if the District abouid herbicide the Highway 29 easement? Mr. Perry rxommended waiting until the District to ready to begin working in this area before spraying. All Assent concurred. c) Mr. Perry stated he vms going is rend out the easements. At 3:50 p.m., Mr. Giddens made a motion to adjourn the meeting. Mr. Sharrod seconded the motion, and the motion passed nnaninsanaty. 7suhmittI e d, az Dana Clement Administrator Cow Slough Water Control District COW SLOUGH WATER CONTROL DISTRICT MONTHLY FINANCIAL REPORT FROM OCTOBER 24,19% THROUGH NOVEMBER 21, 1996 OPENING BALANCES NOVEMBER 1, 1996 CHECKING ACCOUNT BALANCE 76,518.39 CERTIFICATE OF DEPOSIT 14,501.31 TOTAL 91,019.70 INCOME: 10/31/96 INTEREST ON ACCOUNT (CHECKING) 199.47 INTEREST ON CERTIFICATE OF DEPOSIT 472.82 HENDRY COUNTY -TAX REVENUES 397.81 COLDER COUNTY -TAX REVENUES 31.34 VOID CHECK 539, JOHNSON - PREWITT 2,040.00 RECEIVABLES, ENDING OCTOBER 24, 1996 3,141.44 TOTAL REVENUES 94,161.14 EXPENDITURES: .JOHNSON- PREVATT & ASSOC., INC., ENGINEERING 1,933.50 JOHNSON- PREWIiT & ASSOC. INC. ENGINEERING 2,040.00 POSTMASTER, POSTAGE, BOX RENTAL FEE 58.00 POSTMASTER, 3 ROLLS OF .32 STAMPS 96.00 SPRINT (LOCAL PHONE SERVICE) 17.77 UAP (CHEMICALS) 2,821.50 LEWIS, LONGMAN & WALKER, P.A., LEGAL SERVICES 1,08216 DANA CLEMENT, ADMINISTRATOR TT7.80 LDDS (LONG DISTANCE PHONE SERVICE) 4.62 AIRVVORK ENTERPRISE, AERIAL HERBICIDE 768.00 SHORT EWARONMENTAL, WATER QUALITY SAMPLING 280.00 COLLIER COUNTY TAX COLLECT OR, POSTAGE 9.71 TOTAL EXPENDITURES, ENDING NOVEMBER 21, 1995 9,889.06 ENDING CASH BALANCE AS OF NOVEMBER 21, 1996 84,272.08 16G of o ISM :K AW 1:11 91 Ti 51 SM Xquign. in 11: :WIN 211 1 Y Piz- 1c 13 1 Ilk O oil;oo as I—A CYS GM 1 his I a �z 9 i'- O i.- i: i� SL of o ISM :K AW 1:11 91 Ti 51 SM Xquign. in 11: :WIN 211 1 Y Piz- 1c 13 1 Ilk O oil;oo as I—A CYS GM f7 2r,0 30 29 lPARCEL C NOATHwEST- OUAATER I I. 7M SEC TION L fNE�_ �1 0 IW N W 30 29 ? 1 32- i 2D 21 1 b G NOR THiuirc>FnrE r �29 28 NOR TIIF.AS1- QUARTER I , 4CEL A III I RCEL B SOU N,,H Tl FOFTHE NOR THEAS T -0W R TER �ECTKM'UNE - -.__ I I I 1 1 I I I I1 I 29 28 _ t42 33 III SURVEYQRS NOTES ABBAEViATiON� BRE VI THE DESCRIPTION SHOWN HERE IS NEW. U• DESCRIPTION WAS PREPARED WI THOU T THE BENEFITOF AN ABSTRACT. CaC� NO SEARCH OF THE PUBLIC RECORDS WAS MADE BY THIS OFFICE FOR USE ECMICT USE -E4SEW T EXISTING EASEMENTS. ABANDONMEN TS, DEED RESTRICTIONS. ZONING SETBACKS. OR RIGHTS- OF -WAY. SR.SUTERAW OMEA'TATY N BASED ON NORTH LINE OF NORTWEST- OUARTER OF SECTION 29 BEING ASSUMED A T N. 89•-43' -50' E.. LEGAL DESCRIPTIONS PARCEL A THE WEST THIRTY FEET OF THE NORTH -HALF OF THE NORTHEAST- QUARTER OF SECTION 29, TOWNSHIP 45 SOUTH, RANGE 29 EAST, HENDRY COUNTY. FLORIDA. PARCEL 8 THE WEST THIRTY FEET OF THE SOUTH -HALF OF THE NORTHEAST - QUARTER OF SECTION 29, TOWNSHIP 45 SOUTH, RANGE 29 EAST. HENDRY COUNTY, FLORIDA. PARCEL C THE EAST THIRTY FEET OF THE NORTHWEST - QUARTER OF SECTION 29, TOWNSHIP 45 SOUTH, RANGE 29 EAST. HENDRY COUNTY, FLORIDA. QLSCRIPTIVE DRAWING PORTION OF THE RIGHT -OF -WAY FOR LATERAL L2E SOUTH, IN SECTION 29, TOWNSHIP 45 SOUTH, RANGE 29 EAST HENDRY COUNTY, FLORIDA FOR COW SLOUGH WATER CONTROL DISTRICT PREPARED BY: JOHNSON- PREWITT 6 ASSOCIATES, INC CIVIL ENGINEERS - LAND SURVEYORS P.O BOX 1029 850 WEST VENTURA AVENUE CLEWISTON, FLORIDA Mw* A. Hal Wc( P.S.M. W. LS4155 DATE SCALE 1, 1000' DATE 11 -12 -96 SHEET_ 1-OF 1 16c I - - - -- -- -- --- -- -- -- -- - SECTrCN L" —?' I r ' I IN IN LAW MCP71444A1/ OF THE SOUK~ L1 T>`IfAL L T: AM — (Y " WMhM4ST OUARTIA = A >&. _ PARCEL s�. cY TH1 �r IR! r au4ATUI - �•�z�•�••••� I i LATEAALLfp ---� pp PAAh a C – PAACEL O SC11TiN+AIf D' TNe SOUTTH+AIl ' a The NCRT""Sy Cxw-mo 1 I II 1 U � I I _ IV �2T - - SFC7rD4 u&* I , 20 21 29 20 W 121 - I I�I .%MYEYQR$ NO TESL _ THE DEXCRF MW SHOWN f ERE IS AEW A S EWA_VQY5 __ n," DESCRIPTION WAS PREPARED MP TFE BENEFIT OF AN ABSTRACT CL= csvnDl M0 SEARCH OF ThE PUBLIC RECORDS WAS WDE BY T"S OFFICE FOR cchc 7E EXISTTM0 EASEMENTS. ABMOC"JENT9, DEED RESTRICTX)NS, ZONING SETBACKS. EASC•EASEM34T Od RXiH79 -OF -WAY. RW.AVHTcFKKY ORIENTATION BASED ON NORTH UWOFNDRT HWEST-OUAATEROF SECTION 20 SR.STATERCH0 iIEIM? ASSLM FD AT N 89' -W -40' E LEGALI?F_SCAIP T/O1NS_ PARCEL A THE SOUTH THIR rY FEET OF THE NORTH -HALF OF THE SOUTH -HALF OF THE NORTHWEST -QUARTER OF SECTION 20, TOWNSHIP 45 SOUTH, RANGE 29 EAST HENORY COUNTY, FLORIDA. PARCEL B THE NORTH THIRTY FEET OF THE SOUTH -HALF OF THE SOUTH -HALF OF THE NORTHWEST -QUARTER, OF SECTION 20, TOWNSHIP 45 SOUTH, RANGE 29 EAST, HENDRY COUNTY, FLORIDA PARCEL C THE EAST SIXTY FEET OF THE SOUTH -HALF OF THE NORTHEAST- OUARTER OF SECTION 19, TOWNSHIP 45 SOUTH, RANGE. 29 EAST, HENDRY COUNTY, FLORIDA 12 F-S-C 8LP T1 "__a RA_W LN _ G PORTION OF THE R16;HT -0F -WAY FOR LATERAL L 1 E EAST, IN SECTIONS 19 AND 20, TOWNSHIP 45 SOUTH, RANGE 29 EAST HENDRY COUNTY, FLORIDA FOR COW SLOUGH WATER CONTROL. DISTRICT PREPARED BY: JOHNSON- PREWITT 6 ASSOCIATES, INC CIVIL ENGINEERS - LAND SURVEYORS P.O BOX 1029 850 WEST VENTURA AVENUE CLEWISTON. FLORIDA M VA A H&OW., P. S. At No.L8i1133 DATE --- I SCALE _1'= 1200' DATE - 11-12-96 _ SHEET _ I OF I JAM — - -- -- - — -- b G - - South Florida Water Management District GOVERNING BOARD N'�EETIt�� . Open to the Public AGEN I DA rd of c^unt7 C cr,,iss` . Governing Board Workshop Wednesday, January 15, 1997 9:00 A.M. B -1 Auditorium 3301 Gun Club Road West Palm Beach, Florida CALL TO ORDER Board questions for staff about any items on the Thursday Regular or Regulatory Consent Agenda. 2. Updates on the Lake Okeechobee SWIM Plan and Lake Okeechobee Regulation Schedule 1 hour Barry Rosen, Sr. Environmental Scientist, Upper East Coast/ Kissimmee Planning Division 3. Briefing on Center for Environment Studies 15 minutes Dr. Ken Cummins, Distinguished Scientist, Ecosystem Restoration Department Dr. Leonard Berry, Director, Center for Environmental Studies 4. Update on Water Resources Development Act Critical Restoration Projects 1 hour Kathy Copeland, Directory, Office of Government and Public Affairs Colonel 'Terry Rice, District Engineer, U.S. Army Corps of Engineers Dan Cary, Director, Planning Department C. Alan Hall, Director, Ecosystem Restoration Department- PUBLIC COMMENT ADJOURNMENT The Audit and Human Resources Committees will meet following this workshop, b4kVr4io'tier than 1:30 p.m. and 2:30 p.m. respectively. 16u MINUTES OF A WORKSHOP OF THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT HELD AT DISTRICT HEADQUARTERS, 3301 GUN CLUB ROAD, WEST PALM BEACH, FLORIDA WEDNESDAY, DECEMBER 11, 1996 8:30 P.M. 11c following Board Members were present: Valerie Boyd. Chairman Frank Williamson, Jr. Eugene K. Pettis William Hammond Betsy Krant Nathaniel P. Reed Miriam Singer William E. Graham Richard Machek Samuel E. Poole III, Secretary CALL TO ORDER Chairman Boyd called the workshop to order at 8:40 a.m. 1. Board questions for staff about any items on the Thursday Regular or Regulator Consent Agenda. Mr. Reed questioned item 13. Ms. Singer questioned items 18, 20, 21, 24, and 25. Mr. Williamson questioned item 36. I threshold Reseear(h Resu is Dr. Tom Fontaine, Director, Everglades Systems Research Division. presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Dr. Fontaine also presented a video titled "Nutrient Threshold Research." 16G GOVERNNG BOARD R'ORKSHOP DECEMBER 11, 1996 PAGE 2 Mr. Reed asked if staff is monitoring pesticide levels as part of the research effort. Dr. Fontaine said staff is monitoring pesticide levels, but does not view that as a variable in the dosing studies. Mr. heed asked that staff provide a copy of a report on pesticide monitoring to Board members. Mr. Wilharnson suggested that staff distribute copies of the video "Nutrient Threshold Research" to educational centers throughout the District. 3. Discussion of Issues and Funding Alternatives Concerning Amendment 5 to the Florida Constitution Dr. Gary Goforth, Director, Everglades Program Management, presented information on Everglades restoration efforts. A copy of the material used in his presentation is included in the official accord of this meeting.. Dr. Goforth said there are four major problems facing the Everglades; reduction in the extent of wetlands, degradation of water quality, disruption of hydropatterns, and infestation of exotic plant species. Ms. Barbara Markham, General Counsel, presented information on issues involving Amendment 5 and the Everglades Forever Act. A copy of the material used in her presentation is included in the official record of this meeting. Mr. Barry Atwood, Deputy Department Director, Finance, presented information on funding alternatives. A copy of the material used in his presentation is included in the official record of this meeting. Mr. John Rogers, Senior Vice- President, CH2MHi11, presented information on the fair share allocation of funding and the consensus process. A copy of the material used in his presentation is included in the official record of this meeting. 4. Public Comment and Presentations on Issues and Funding Alternatives Concerning Amendment 5 to the Florida Constitution I bG GOVERNING BOARD WORKSHOP DECEMBER 11, 1996 PAGE 3 Mr. Thom Rumberger, Save Our Everglades, said his organization does not seek to destroy the Everglades Forever Act. He said the act may have to be modified where it is inconsistent with Amendment 5. Mr. Rumberger asked that the Board consider how Amendment 5 could be utilized by the District to benefit the Everglades. He said the Dist! will have to deal with the directive given by Amendment 5, and his organization has confidence in the District's competence to do so. Mr. Richard Keller, Save Our Everglades. said it is obvious that excess phosphorus i. the cause of pollution affecting Lhe. Everglades. He said the primary cause of the pollution i. phosphorus flowing out of the Everglades Agricultural Area, and the primary source of the phosphorus is the sugar cane industry. Mr. Keller said the sugar cane industry is not paN in; its fair share of the restoration costs. He said it is up to the District to frame the issues concerning Amendment 5, and encouraged the District to take the issue to the Florida legislature. Mr. Pli 11, Fl arsons. r,, presenting the Florida Sugar Cane L.tague, said his clients arc interested only in proceeding with the progress that has been made under the Everglades Forever .Act. ile said the Everglades Forever Act meets the test of Amendment 5, and th. agriculture industry has negotiated its fair share cost allocation for restoration. Mr. Perry Odom, General Counsel, Florida Department of Environmental P, u.tic n said Amendment 5 is now law, and must, if possible, be reconciled with the Everglades Forever Act. He said his agency is willing to be a partner with the District in examining th. cost allocation to determine its fairness, and report to the Florida legislature. Mr. Reed asked for a memo outlining the issues of discussion at a meeting last w,ct in Tallahassee with Governor Chiles concerning Amendment 5. Ms. Rosa Durando, Audubon Society of the Everglades, said the Board's only obligation is to sec that water going into the Everglades Protection Area is of the higher! quality. Mr. Charles Lee, Florida Audubon Society, said the term "fair share allocation" has been redefined by Amendment 5, which mandates that polluters pay for the pollution going into the South Florida ecosystem. Mr. Wayne Nelson, Fishermen Against Destruction of the Environment, said the District should initiate a pro -active campaign to inform the Florida legislature about the ste` that the District needs to take in order to implement Amendment 5. 16G GOVEMING BOARD WORKSHOP DECEMBER 11, 1996 PAGE 4 Ms. Elaine Usherson, The Sierra Club, suggested that the District urge the Florida to pass a tax on all retail ferd_hzer sales, and that the revenue be used to fund ecosystem restoration. Mr. hiax Quackenbos, Martin County Conservation Alliance, suggested that the District take grrater advantage of industry knowledge of chemical proc,csses for cleaning phosphorus. Mr. Stuart Strahl, Na6on?J Audubon Society, said the Board should take note of the overwhelming public support for Amendment 5. Board Comment Ms. Singer and Mr. Reed asked that staff update the fair share allocation figures as outlined in the Everglades Forever Act in light of Amendment 5, convene a small working group to review those figures, and report back to the Board in February. Mr. Reed suggested that staff schedule an additional full -day workshop to discuss this report. Board Members agreed to bold the additional workshop on February 27, 1997 at 9:00 a.m. 5. BrieSng on Lower Fast Coast Regional Water Supply Plan Mr. Dan Cary, Director, Planning Department, presented an overview of the plan. he said the plan is workable, and the only problem is how to spread the cost of implementing the plan in a fair way. Mr. Tom Teets, Sr. Supervising Planner, Lower East Coast Planning Department, presented information on the plan. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Jaynes Garner, member, I.,ower East Coast Regional Water Supply Plan Advisory Committee;, and representing the Caloosahatchee River Coalition, expressed concern about the direction of the plan. Mr. Stanley Hole, a former Governing Board member, and representing Lee County, expressed concern that the plan is moving in the direction of micro - management Mr. J.W. French, Director, Lee County Public Works, and member, Lower East Coast Regional Water Supply Plan Advisory Committee, expm.ssed concern that what had been envisioned as a water supply plan has been developed into a restoration plan. GOVERNLNG BOARD WORKSHOP DECEMBER 11, 1996 PAGE 5 16G "I I Mr. James Harvey, a West Palm Beach residcnt, said the policy guidance for this plan exists, and one of the objectives of the plan clearly describes bow the water system shall be treated. Mr. Fred Rapach, Palen Beach County Utilities, expressed concern about how the pL,n Will be linked to the regulatory process. Chairman Boyd asked that staff review the original guiding principles of the LEC play to determine if those principles have been changed, and to repon back to the Board. Ms. Nanciann Regalado, National Audubon Society, said staff has not presented enough information to the public conce.ming the decisions that have been made about the plat;. Mr. Reed suggested that staff schedule a meeting with the current Board to revieti the LEC plan, and then schedule a meeting in March 1997 to bring any new Board members up to date on the plan. Mr. Cary said staff will move forward with its efforts to increase Board involyc m; m in the process. ADJOURNMENT There being no further discussion to come before the Board, the workshop was adjourned at 6:15 p.m. 1 bG MINUTES OF A WORKSHOP OF THE GOVERNING BOARD OF THE SOU'I11 FLORIDA WATER MANAGEMENT DISTRICT HELD AT DISTRICT HEADQUARTERS, 3301 GUN CLUB ROAD, WEST PALM BEACH, FLORIDA WEDNESDAY, DECEMBER 10, 1996 1:00 P.M. The following Board Members were present: Frank Williamson., Jr. Eugene K. Pettis William Hammond Betsy Krant Nathaniel P. Reed Miriam Singer Richard Machek Samuel E. Poole III, Secretary CALL TO ORDER Vice - Chairman Williamson called the workshop to order at 1:35 p.m. 1. Discussion of Hillsboro Canal Bank Stabilization and Dredging Mr. Joe Schweigart, Director, Operations & Maintenance Department, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Schweigart noted that this issue is not solely a District problem and cannot be solved by the District alone. He said the cooperation of all interested parties is needed. Ms. Jo -Ann Landon, Palm Beach Farms Home Owner Association, urged the District to assist with the dredging of the canal. She said a surge caused by hurricane conditions could cause disastrous flooding to homes along the canal. 16G GOVERN IING BOARD WORKSHOP DECEMBER 10, 1996 PAGE 2 Mr. A. CapelLni, Mayor, City of Derrfteid Beach, said the main issue is not flooding. but the silting of the canal that has been caused by District operations. He urged the District to return the can to its original condition. Mr. Reed noted that the question is who owns the silt and who should pay for its removal. Beard members asked if any local funds are availabl,- TO cost -share the cost of dredging with the District. Mr. Capellini said he cannot commit any funds at this time, but the city is willing to come to the table with the Disuict to discuss the funding issue. Mr. Jim Anthony, founder, Operation Dredge, said funds have already been spent on this project by the Cities of Deerfield Beach and Boca Raton. fie urged the District to act quickly to dredge and maintain the canal. Ms. Beth Dullaghan, representing Boca Raton Association of Realtors, said her organization supports Op-ratit�n Dredge. She said the condition of the canal is causing a lowering of property values in the area and asked that the Board consider the request for assistance. Mr. Henry Stanfield, Chairman, Federation of Boca Raton Homeowner Associations, urged the Board to dredge the canal. He said the condition of the canal is the responsibility of the District Ivir. Steven Abrams, Councilman, City of Boca :Raton, said the city feels that the District should take immediate action to dredge the canal. He said the city recognizes that it shares funding responsibility with the District, and believes that the City of Boca Raton ha, been doing its share. Mr. William Tipton, Operation Dredge, asked tha; the Board take action to dredge the canal. Board Members directed that a senior staff member and a Board member be appointed to work with interested parties, including the cities of Deerfield Beach and Boca Raton, to develop a cost -share proposal for funding the dredging of the Hillsboro Canal, and to report back to the Board within cal days. Mr. Pettis suggested that representatives of Palm Beach County be included in the group. Mr. Reed suggested that representatives from the Lake Worth Drainage District and the Florida Department of Environmental Protection be included. Mr. Schweigart suggested that representatives from Operation Dredge, the Florida Inland Navigation Division, and the U.S. Army Corps of Engineers be included. Board members agreed. GOVERNLNG BOARD WORKSHOP 6 G DECEMBER 10, 19% PAGE 3 2. Update on C -51 West and Southern L -8 Basins Mr. Kent Loftin, Chief Consulting Engineer, Executive Office. presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Loftin presented information on concerns raised about the basins by the Indian Trail Water Control District (FTWCD), alternative plans for addressing those concerns. staff's recommendation for a potential interim solution and a potential long -term solution. Mr. Loftin said staff is asking for Board direction to develop the interim solution. and to sunset that interim solution when the long -term solution is operational. Mr. Dan Shallowzy, Indian Treil Water Control District, urged the Board to direct staff to develop the interim and long -term solutions. Ms. Rosa Durando, Audubon Society of the Everglades, objected to the interim plan. She questioned whether the ITWCD can be included in the C -51 Basin if water from that basin will eventually discharge to Stormwater Treatment Area (STA) 1 East. Mr. Charles Lee, Florida Audubon Society, urged the Board to refrain from proceeding with the interim plan. Mr. Reed said the Board should take a comprehensive look at the interim and long- term plans and set strict requirements Mr. Bill Gottheif, Indian Trail Water Control District., asked that the Board take action today to implement the interim and long -range plans. Mr. Machek said the Board should direct staff to proceed with the formalization of an interim plan. Mr. Wayne Nelson, Fishermen Against Destruction of the Environment, asked that the Board take a stand on this issue and refrain from directing staff to proceed with the interim and long -range plans. He said he is uncomfortable with the term "interim ". Mr. Charles Lee, Florida Audubon Society, said the Board should define the service area that can be drained into STA -1 before adding to that service area. Mr. Loftin said staff is not advocating the addition of drainage areas into STA -1. GOVERNING BOARD WORKSHOP 16G DECEMBER 10, 1996 PAGE 4 Ms, Barbara Markham, General Counsel, Office of Counsel, said staff is asking for direction from the Board as to whether staff should proceed with the interim plan until the long -range solution is operGtior,al. Mr. Reed said staff should report back to the Board annually on the progress of the interim plan. Vicc- Chairman Williamson agreed. Upon reaching consensus of the Board, Vice- Chairman Williamson said dhe Board directs staff to proceed with the interim plan for a threc- year period, and to report annually to the Board on any adverse impacts. Board members also directed staff to bring back this issue to the Board for approval. once the parameters of the plan have been worked out with the Indian Trail Water Control District. Mr. Poole said staff will proceed with negotiating an agreement and will bring ncc issue back to the Board for approval. ADJOURNMENT There being no further discussion to come before the Board, the meeting was adjourned at 5:30 p.m. 16G South Florida Water Management District GOVERNING BOARD MEETING Open to the Public AGENDA GOVERNING BOARD MEETING Thursday, December 12, 1996 1 f 8:30 A.M. Cc;;nty r')mri;;i:. B -1 Auditorium 3301 Gun Club Road West Palm Beach, Florida 10 The following items will be considered in the Public Hearing section of this agenda. 59A. Approve and adopt a resolution authorizing eminen'� domain proceedings for the acquisition of certain lands in Hendry County, Everglades Construction Project (STA -6). 5913. Approve the Amendment to the Agreement for Sale and Purchase for Multi -Turf Farm 1, dated September 9, 1993, regarding the Escrow for Environmental Assessment and Rernediation costs and authorize the Executive Director to execute Agreement with DEP to complete environmental cleanup of the property and authorize the Executive Director to execute all applications and documents necessary to apply for matching cleanup funds from the State of Florida. • 7 Niisc. corres: Date: - December 4, 1996 - Item# Copies To: ` GOVERNING BOARD MEETING 6 r NOVEMBER 13, 1996 PAGE 2 1. Board questions for staff about any items on the Thursday Regular or Regulatory Consent Agenda. Mr. Williamson questioned items 29, 35 and 36. Ms. Singer questioned items 15 and 21. 2. Status of C -111 Project Ms. Joycelyn Branscome, Director, Southern Evergiade&Morida Bay Restoration Division, presented information on this item. A copy of the material used in her presentation is included in the official record of this meeting. NIT. Reed asked Chat staff keep the Board informed about ehe decisions made by the South Everglades Restoration AJliam;e (SERA), especially those decisions concerning the S- 355 A artd B structures. Mr. William Malone, Director, Construction and Lard Management Department, presented information on recent land acquisitions in the cast Everglades, the C -1 i I Project area, and the model lands area. A copy of the material used in his presentation is included in the official record of this tnceting. Cliairman Boyd welcomed Mayor Alex Penclas, Metro -Dada County. Mayor Pcnclas said there is a teal need for the Board to participate in the future of the Homestead community. He asked that the Board join with the community to expedite the re- opening of the Homestead Air Fore Bast, which he said will benefit thc. economy of the community at a time when e4mnomic growth is greatly needed. 3. .South Dade/Biscayne Bay Regional Issues A. Sorlth Dade Regional Land Use and Water Management Pla.r"ng Mr. Julio Fanjul, Director, Miami -Dade Regional Service Center, presented information on South Dade/Biscayne Bay regional issues, the impacts of future land use issues, Biscayne Bay Surface Water Improvement and Management goals, Biscayne Bay restoration goals and current land use and water quality issues. A copy of the material used in his presentation is included in the official record of this meeting. 1 , MINUTES OF A MEETING OF THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT HELD AT MIAMI -DADE COMMUNITY COLLEGE, HOMESTEAD CAMPUS, HOMESTEAD, FLORIDA WEDNESDAY, NOVEMBER 13, 1996 9:04 A.M. The following Board Members, were present: Valerie Boyd, Chairman Frank Williamson, Jr. Eugene K. Pettis William Hammond Betsy Krant Nathaniel P. Recd Miriam Singer William E. Graham Richard Machek Samuel E. Poole Ili, Secretary CALL TO ORDER Welcoming remarks - Chairman Boyd and local mayors Chairman Boyd welcomed members of the public and Mayor Tad DeMilly, City of Homestead, Commissioner Katy Sorenson, Metro -Dade County, and other local government officials in attendance. Commissioner Sorenson thanked the District for holding its meeting today in Dade County. She said Dade County residents are looking forward to the decisions made by the Board addressing environmental and economic concerns. Mayor DtMilly welcomed the Board. He said the City of Homestead has rebuilt after Hurricane Andrew, but is sell suff-tring economically and asked that the District assist the city in proceeding with the economic development of the area.. I bG 1:00 PM Briefing on Draft Lower East Coast Regional Water Supply Plan Planning Department Dan Cary, Director, Planning Department Tom Teets, Sr. Supervising Planner, Lower East Coast Planning Department . South Florida Water Management District GOVERNING BOARD ]MEETING Open to the Public AGENDA Governing Board Workshop Tuesday, December 10, 1996 1:30 P.M. 1:30 PM Discussion of Hillsboro Canal Bank Stabilization and Dredging Joe Schweigart, Director, Operations & Maintenance Department 2:30 PM Update on C -h1 West and Southern L -8 Basins Kent Loftin, Chief Consulting Engineer, Executive Office 3:00 PM Joint Audit /Human Resources Committee Meeting Wednesday, December 11, 1996 8:30 A.M. 16G 8:30 AM Board questions for staff about any items on the Thursday Regular or Regulatory Consent Agenda. 8:35 AM Threshold Research Results Tom Fontaine, Director, Everglades Systems Research Division 9:30 AM Discussion of Issues and Funding Alternatives Concerning Amendment 5 to the Florida Constitution Gary Goforth, Director, Everglades Program Management Barry Atwood, Deputy Department Director, Finance Torn Wolf&, Deputy General Counsel Barbara Markham, General Counsel 10:30 AM Public Comment and Presentations on Issues and Funding Alternatives Concerning Amendment 5 to the Florida Constitution 12 Noon LUNCH GOVERNING BOARD MEETING 1 6 Cj NOVEMBER 13, 1996 PAGE 3 Mr. Dick Frost, Superintendent. Biscayne National Park, presented information on park issues. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Frost urged the Board to support a petition for mediation regarding the re- opening of Homestead Air Force Base. Dr. Roy Phillips, President, Miami -Dade Co =unity College, Homestead Campus, said the collcg. has a vested interest in the resolution of any issues delaying the Homestead Air Force Base re- opening, Mr. Jack Campbell, South Dade Soil and Water Conservation District, said his agency endorses the L -31 Fast Flow Distribution project. B. Joint Study of ,South Dade Agricultural and Rural Areas Retention Ms. Deborah Drum- Duclos, Miami -Dade Regional Service Center, presented information on the Dade Agriculti)ml and Rural Land Retention Study. A copy of the material used in her presentation is included in the official record of this meeting. C. Status report on the United States Air Force (USAF) applicadon to modify its surface water management permit Ms. Terric Bates, Director, Regulation Department, presented information on the on the pending Surface Watr ;r Management permit application for Homestead Air Force Base, and on the proposed permit special conditions. A copy of the material used in her presentation is included in the official record of this meeting. D. Update on negotiations of Dade County's Comprehensive Development Master PII,an (C;DMP) Amendments Mr. Julio Fanjul, Dimctor, Miami -Dade Regional Setvice Center, presented information oa Chapter 288 F.S. requitrments, on the Board's initial objection to the proposed Community Development 1-dast!r Plan amendments for the re- opening of the base, and on the negotiated principles developed with Dade County to address those objections. Ms. Kim Sovia, President, Greater Homestead/Florida City Chamber of Commerce, urged the Board to expedite the process to allow the development of Laic base to proceed. She said if the re- development of the base does not take place soon, Homestead will not survive. 16G GOVERNING BOARD MEETING NOVEMBER 13, 1996 PAGE 4 4. Proposed Redevelopment of Homestead Air Reserve Base (HARB) as a Dual Use GvilianlMiiitary Airport Mr. Guillermo Olmadillo, Metro -Dade County, said the county has a high level of commitment to water quality and water quantity, and will maintain that commitment during the re- development of th,t bx: e. Mr. John Renfrow, Director, Dade County Department of Environmental Resource Management, said there are solutions to the drainage problems associated with the base. He said goals can be set and accomplished through a memorandum of understanding with the District. Mr. Jimmie Martinez, representing the Florida City Chamber of Commerce, urged the District to allow the re- development of the base to pro(=d. Ms. Sandy O'Neil, a consultant for Dade County Department of Environmental Resource Management, prrsented information on the Phase I construction activities associated with the re- development of the base. Mr. Humberto Rivcro, U.S. Air Force Base Conversion Agency, said his agency is responsible for cleaning and transferring Air Force proix:rty for re -use. He said the Military Canal on the Homestead .Air Force Base must, by law, be cleaned to certain standards. Mr. Rivera said local regulatory agencies may have other standards. Mr. Reed said he is deeply concerned about the condition of the Military Canal and other areas of the base that may have been polluted during the time the base was operated by the U.S. Air Force. He asked about the standards that Mr. Rivero's agency will' follow for the proposed clean -up. Mr. Earl Boseman , U.S. Environmental Protection Agency, said the Military Canal and other units that crust bc; cleaned at the base all qualify as EPA Superf6nd sites. Mr. Jorge Casprey, Florida Department of Environmental Protection, said the U.S. Air Force is committed to clean the sitr, to standards set by his agency. 5. Public Comment The following people spoke in favor of expediting the re- development of Homestead Air Force Base: 16G GOVERNING BOARD MEETING NOVEMBER 13, 1996 PAGE 5 Mr. Ben Starrett, Florida Department of Community Affairs; Mr. Leonard Anthony, a Naranja Lakes resident; Mr. Mike Richardson, First National Bank of Homestead; Mr. Adolfo Pichardo, Pichardo, CPA; Mr. Jerry Case, Case and Associates; Mr. Tom David, Palmetto Bay Community Council; Mr. Michael Watkins, a Redlands resident; Mr. David Hawken, Brooker Lumber Company; Mr. Ron Webb, Home=stead Furniture; Mr. James Steiber, Principal, Sacred Heart School; Mr. Bob Epling, Community Financial Services; Mr. Wade Harrell, Florida Rock and Sand Company, Inc.; Mr. Jose Romero, Homestead Air Base Development Inc., Ms. Annabell Griffis, a Homestead resident; and Mr. Bob Houston, Republic Industries. Mr. Don Chinquina, Tropical Audubon Society, said his organization is not opposed to the re- development of the base, provided it does not affect the natural resources of the area. Mr. Stuart Strahl, National Audubon Society, recommended that the re- development not take place without the completion of an Environmental Impact Statement. He said the re- development plan should eliminate, rather than reduce, the impact from the military canal. Ms. Joette Lorton, Friends of the Everglades, asked that the Board support staff's recommendation to file a petition objecting to the CDMP amendments. Mr. Charles Lee, Florida Audubon Society, agreed. He said the Board should take a careful look at the use of the military canal. Mr. Lee recommended that the re- development plan eliminate the canal. Mr. Alan Farago, Sien-a Club, asked that the Board not endorse any base re- development plan that uses the canal system for pollution runoff. Chairman Boyd recognized Councilwoman Eliza D. Pent', City of Homestead. b. Board Discussion & ,fiction Mr. Poole noted that the delay involved in the re- development of the base is not due to the District. fie said the primary issues have been those between Dade County and the U.S. Air Force. Mr. Poole said the District is committed to expediting the re- development as quickly as is reasonably possible. 16G GOVERNING BOARD MEETING NOVEMBER 13, 1996 PAGE 6 Mr. John Fumero, Ykssistant General Counsel, said staff recommends that the Board: Accept the 4 negotiating principles, revising the HAFB military base reuse plan to: a. Include provisions as to the timing of reaching short and long term goals, and identify acceptable solutions regarding stormwater discharges to Biscayne Bay; b. Hold Dade County responsible only for activities associated with Dade County owned or leased properties; C. Acknowledge that all proposed facilities must comply witli the District's regulatory requirements in effect at the time of application; d. Commit Dade County to reducing or eliminating reliance on Military Canal for flood protection, except under defined and approved emergency conditions, and to implementing alternative solutions that will protect Biscayne Bay and other water resources from adverse impacts to water quantity and quality. Authorize staff to file a petition pursuant to Chapter 288, I9a. Stat. (1996), objecting to the current military base reuse plan, as it appears in the Comprehensive Development and Master Plan (CDN[P) amendments approved by the Metro -Dade Board of County Commissioners on October 8, 1996. Expedite Phase I of tNt HAFB conversion by issuing an environmental resource conceptual permit contingent on the following: Dade County must immediately apply for an environmental resource conceptual permit; b. the U.S. Department of Defense must waive the December deadline for issuance of the pending U. S. Air Force permit; C. the conceptual permit will include conditions to avoid conflicts with future ERP permits, the Interagency Memorandum of Understanding or the CDMP amendments, and will incorporate applicable provisions thereof; d. the conccptua', permit is contingent upon finalizing agreement on Chapter 288 Base conversion issues, including measures to address long -term and short -term water resource. corrective actions. Mayor DcMilly asked that the District make a commitment to continue to instruct staff to proceed with this issue as expeditiously as possible. 16G GOVERNING BOARD MEETING NOVEMBER 13, 1995 PAGE 7 Mr. Charles Lee, Florida Audubon Society, said approval of the conceptual permit would eliminate the opportunity for parties to raise issues of concern. He said this could slow the project. Mr. Fumero said ;,f any parties have a serious concern over the permit, a petition could be filed to address those concerns. Mr. Alan Farago, Sierra Club, objects to the conceptual approval process. Ms. Julie Romero, Homestead Chamber of Commerce, urged the Board to expedite the re- development of the bw;e. *notion by Mr. Reed to: Accept the 4 negotiating principles, revising the'HAFB military base reuse plan to: a. Include provisioruc as to the timing of reaching short and tong term goals, and identify au e:ptable solutions regarding stermwater discharges to Biscayne Bay; b. Hold Dade County responsible only for activities associated with Dade County owned or lensed properties; C. Acknowledge that all proposed facilities must comply with the District's regulatory requirements in effect at the time of application; d. Commit Dade Cct:Lnty to reducdng or eliminating reliance on Military Canal for flood protection, except render defined mid approved emergency conditions, and to implementing alternative solutions that call protect Biscayne Bay And oilier Hater resources from adverse imparts to water quantity and quality. and to: Authorize staff to file a p,Wtion pursuant to Chapter 288, Fla. Stat. (1996), objecting to the current military base reuse plan, as it appears in the Comprehensive Development and Master Flan (CDMP) amendments approved by ffie Metro -Dade Board of County Commissior..ers on October E, 1996. Motion by Mr. Williamson to: 16G GOVERNING BOARD MEETiNG NOVEMBER 13, 1996 PAGE 8 Expedite Phase I of the HAFB conversion by considering an environmental resource conceptual permit contingent on the following: a. Dade County must immediately apply for an environmental resource conceptual permit; b. the U.S. Department of Defense must waive the December deadline for issuance of the pending U. S. Air Force permit; C. the conceptual permit will include conditions to avoid conflicts with future ERP r ermits, the Interagency Memorandum of Understanding or the CDMP amendments, and will incorporate applicable provisions thereof; d. the conceptual petrrait is contingent upon finalizing agreement on Chapter 288 Base conversion issues, including measures to address long -term and short - term wager resource corrective actions. Mr. Reed, Ms. Ktant and Mr. Pettis disagreed with the motion. Mr. Pettis said the wording of the motion is not included in staff's original recommendation. Motion approved. Aye - Chairman Boyd, Mr. Williamson, Nis. Singer, Mr. Graham, Mr. Hammond. Nay - Mr. Recd, Ms. Krant, Mr. Pettis. 7. Briefing on the Northwest Dade County Freshwater Lake Plan Implementation Committee Draft Recommendations Mr. Jim Jackson, Project Leader, Planning Department, presented information on the recommendations. A copy of the material used in his presentation is included in the official record of this mreting. Ms. Nanciann Regalado, National Audubon Society, expressed concern about the Lake Beit Plan development. ADJOURNMENT Then. being no funber business to come before the Board, the meeting was adjourned at 3:00 p.m. 16G HUMAN RESOURCES /AUDIT COMMITTEE MEETING 'Tuesday, December 10, 1996 3:00 P.M. B -1 Auditorium 3301 Gun Club Rd West Palm Beach, FL In the want a quorum dogs not convons, this msetang wJl be considered a workshop. A. Call to Order 0. Agenda Changes /Additions /Deletions C. Approval of the Human Resources Committee Minutes from September 11, 1996 D. Approval of the Audit Committee Minutes from November 13, 1996 HUMAN RESOURCES MATTERS 1. Discussion of proposed amendments to Ethics Policy No. 3.801. Sheryl Wood, Senior Attorney, Office of Counsel a. legislative changes b. Misuse of public position c. Post - employment restrictions 2. Discussion of and recommendation for adjustments to Salary Structure. Sandra Turnquest, Deputy Dept Director, Management Ser vices /Administration 3. Briefing on the 1997 Equal Opportunity Plan. Luis Leon, Sr. Employment Representative, EEO Human Resources Division, Management Services /,Administration 16G Human Resources /Audit Committee Meetings December 10, 1996 Page 2 4. Recommend renewing a contract with CIGNA Employee Benefits Companies for accidental death & dismemberment, medical, dental, and vision benefits coverages and flexible spending account administration for employees of the District for the period January 1, 1997 to December 31, 1997 in the estimated amount of $8,708,075, of which $7,080,491 is the estimated District share with the balance paid by employee premiums. Of the estimated District share, $5,310,368 is budgeted in FY 97 with $1,770,123 subject to Governing Board approval of the FY 98 budget (Contract Number C- 5104 -A3). Justin Ausanio, Benefits Manager, Risk Management Division 5. Recommend renewing a contract with Florida Combined Life through Blue Cross!Blue Shield of Florida for coverage for Iona term disability and basic, optional, spouse, and dependent life group insurances for employees of the District for the period ,January 1, 1997 to December 31, 1997 in the estimated amount of $795,534, of which $380,670 is the estimated District share with the balance paid by employee premiums; of the estimated District share, $285,502 is budgeted in FY 97, with $95,168 subject to Governing Board approval of the FY 98 budget (Contract Number C- 5157 -A3). Justin Ausanio, Benefits Manager, Risk Management Division AUDIT COMMITTEE MATTERS 1. Report of the Inspector General Allen Vann, Inspector General, Office of Inspector General 2. Monthly activity b. Human Resources Audit C. Audit of surplus property auction d. Primeco contract amendment inquiry 2. Faliaw up an Disparity Study Recommendation #17 (Revolving Fund) to establish a prograrn for small and minority firms seeking working capital assistance to increase their capacity to perform on District projects. Carolyn Vs hiarrns, Director, Office of Supplier Diversity & Outreach 3. Report on sale of all District assets in FY96. Morris Sewall, Property Manager, General Services Division iA 16c- Human Resources /Audit Committee Meetings December 10, 1996 Page 3 4. Recommend authorizing the removal of assets from property records. Morris Sewell, Property Manager, General Services Division 5. Recommend sale through sealed bid of three mobile homes from Thomas Landing Su6divit; ion and subsequent removal from the fixed asset records. Morris Sewel , Property Manager, General Services Division E. Status Reports 1. Report on C.ompetition Waivers authorized pursuant to the District's Procurement and Contracting policy. 1 MINUTES OF A MEETING OF THE HUMAN RESOURCES COMMITTEE OF IME GOVERNING BOARD OF THE SOOTH FLORIDA WATER MANAGEMENT DISTRICT HELD AT OFFICES OF THE DISTRICT, 3301 GUN CLUB ROAD WEST PALM BEACH, FLORIDA WEDNESDAY, SEPTEMBER 11, 1996 2:00 P.M. The following HUMAN RESOURCES COMMITTEE MEMBERS were present: Aiiriam Singer, Chairwoman Richard Machck Valerie Boyd EX OFFICIO .James D. Yager, Ex Officio S.:ndra Turnquest, Ex Officio The following BOARD MEMBERS also attended: Eugene K. Pettis Williann Hammond Call to Order The meeting was called ,o order at 2:00 p.m. b;, Chairwoman Singer. Agenda Changes Chairwoman Singer delered item 2. Motion by Ms. Boys; to approve changes to the agenda Motion approved, Approval of Minutes Motion by Mr. hiachek to approve the minutes of the Human Resources Committee Meeting of August 14, 1996. Motion approved. HUMAN RESOURCES COMMITTEE MFE7NG SEPT'EMB'ER 11, 1996 PAGE 2 EXECUTIVE MATTERS 1. Report on District Ombudsman Position's Salary Level. Chairwoman $inger said Board members asked that the committee review the proposed salary level of the District Ombudsman to ensure that the salary level is appropriate. Ms. Sandra Turnquest, Deputy Director, Management Services/Administration, presented information on District management salary levels. A copy of the material used in her presentation is included in the official record of this meeting. Committee members discussed the Ombudsman's salary level. The committee recommended a Salary Pay Grade 80 and awarded a 3.9 percent promotional increase. In addition, the committee established a six -month evaluation date, March 11, 1997, resulting in an annual review date of September 11, 1997. The committee also directed Human Resources staff to review District salary structures, identify the nutnb,,r of employees who have reached their salary maximums and provide options to the comrniac,,_ 2. Discussion of options covering post - employment restrictions. This item was deleted. ADJOURNMENT There being no fur;hcr business to come before the committee, the meeting was adjourned at 4 p.m. 16G C MINUTES OF A MEETLNG OF THE AUDIT COMMITTEE OF THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT HELD AT MIAMI -DADS COMMUNITY COLLEGE, HOMESTEAD CAMPUS, HOMESTEAD, FLORIDA WEDNESDAY, NOVEMBER 13, 1996 3:00 P.M. The following AUDIT COMMITTEE MEMBERS were present: Eugene K. Pettis, Chairman Valerie Boyd Frank Williamson, Jr. Betsy Krant Barbara Markham, Ex Officio The follow. ing BOARD MEMBER also attended: William Hammond Call to Order The mectivg was called tc order at 3:00 p.m. by Chairman Pettis. Approval of Minutes Motion by Mr. WilUanison to Approve the Minutes of the September 11, 1996 Audit Committee Meeting as written. Motion approved. Agenda (flanges There were no changes to the agenda. 16G AUDIT COMMITTEE MEETING NOVEMBER 13, t 996 PAGE 2 EXECUTIVE MATTERS 1. Report of the Inspector General Mr. Allen Vann, Inspector General, Office of Inspector General, presented the report. A copy of the material used in his report is included in the official record of this meeting. Mr. Vann said the Annual Report for the Fiscal Year Ended September 30, 1996. The report summarized the audits performed, as well as other projects and activities accomplished during the year. Mr. Vann reported on th;. Audit of the Human Resources Division. Copies of the report were shared with Board members. The report will be presented at a joint Audit Committee and Human Resources Committee meeting on December 11, 1996. The report includes observations concerning long -range staffing, planning/forecasting, job group salary surveys, needed updates to various HR policies and procedures. District Management concurred with all of the fifteen recommendations contained in the report. Motion by Mr. Williamson to accept the annual report of the Inspector General. Motion approved. 2. Discussion and recommend approval of proposed Internal Audit Plan for the year ending September 30, 1997. Mr. Vann presented information on the Internal Audit Plan. A copy of the material used in his presentation is included in the official record of this matting. Motion by Ms. Boyd to recommended Goverrinl; Board approval of the proposed Internal Audit ?:'Ian for the year ending September 30, 1997. Motion approved. 3. Discussion of the Report on the State Auditor General Mr. Vann presented informadon on the State Auditor General's report. The report's entire focus was limited to compliance %ith laws and regulations. The audit does not articulate whether District is achieving the desired level of program results, nor dms it address questions of economy and efficiency. The. Report does, however, specify that " ... none of the rtportab!c conditions described in the FINDINGS AND RECOMMENDATIONS section of this report is a material weakness in the District's internal control structure." 16G 16G AUDIT COMMITTEE MEETING NOVEMBER 13, 1996 PAGE 3 4. Recommend approval of Proposed Changes to the Procurement Policy for the Everglades Construction Project Mr. Miller Andress, Everglades Construction Project Manager, presented information on the proposed changes. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr. Williamson to recommended Governing Board approval of Proposed Changes to the Procurement Policy for the Everglades Construction Project. Motion approved. ADJOURNMENT There being no further business to come before the Committee, the meeting was adjourned at 4:00 p.m. 16G GOVERNING BOARD MEETING Thursday, December 12, 1996 8:30 A.M. B -1 Auditorium 3301 Gun Club Road West Palm Beach, Florida Note: Any item which appears on the Meeting Agenda of Wednesday, December 11, 1996, may be an item for discussion or action on this Meeting Agenda. All or part of this meeting may be conducted as a teleconference in order to permit maximum participation of Governing Board Members. CALL TO ORDER A. Invocation: Beth McArdle B. Pledge of Allegiance to the Flag of the United States of America C. Presentations: qP Presentation to the District from the National Transportation Safety Board for outstanding service during the Valujet crash incident. D. Approval of the Minutes of the Governing Board Meeting of, November 13, 1996 and the Governing Board Regular Meeting of November 14, 1996. MORNING ,AGENDA APPROVAL A. Additions, Deletions, Substitutions B. Abstentions GOVERNING BOARD MEETING SCHEDULE 1. Consider Schedule for Upcoming Meetings, 2. Consider Tentative Agenda for January Workshop. 3. Accept the Human Resources Committee Report, including recommended actions. 4. Accept the Audit Committee report, including recommended actions. 16G Note: The Board may not wish to discuss these items individually and may approve them as a group. Anyone wishing to speak on one of these issues should complete a speaker card and submit it to the District representative in the lobby prior to consideration of the Consent Agenda. This will permit the Chairman to pull such items for individual discussion later on the agenda. A. Pull Items for discussion. S. Motion to Approve the Consent Agenda except for Items pulled for discussion. (Items pulled will be considered by the Board under the Discussion agenda) BUDGET OFFICE 5. Approval of Budget Transfers. OFFICE OF COUNSEL 6. Authorize entering into an amendment to a contract with Edwards & Angell and the Law Office of Steve E. Bullock for legal services being provided under the existing contract to extend the contract up to an additional three years, with no increase in funding. (Contract Number C- 3367 -A6) MIAMI DADE REGIONAL SERVICE CENTER 7. Authorize entering into a cooperative agreement with the Miami -Dade Water and Sewer Department (WASD) for the implementation of a public access reuse system in the amount of $300,000 for which funds are budgeted. (Contract Number C -8834) 8. Authorize entering into a cooperative agreement with the Miami -Dade Water and Sewer Department (WASD) for the construction of two Aquifer Storage Wells, concrete drilling pads, and wellhead fatalities including pumps, piping and appurtenances i,-i the amount of $300,000 for which funds are budgeted. (Contract Nur►mtler C -8835) BIG CYPRESS BASIN 9. Authorize entering into a contract with Greiner, Inc. for development of ecological assessment criteria and identification of target hydrologic parameters for use in the Big Cypress Basin Watershed Plan in the amount of $150,000 for which funds are budgeted. (Contract Number C -7700) 16G Governing Board Mfeting December 12, 1996 Page 3 10. Authorize entering into a cost - sharing agreement with U. S. Department of Agriculture- Natural Resources Conservation Service for hydrologic and hydraulic data requirements and verification in the Southern Golden Gate Estates, a critical component of the Big Cypress Basin Watershed Plan in the unbudgeted amount of $125,000 and authorize a budget transfer in the :came amount from Big Cypress Basin Contingency Reserve to Interagency Expenditures - Federal. (Contract Number C -8702) 11. Authorize entering into a cooperative agreement with Southern States Utilities for the implementation of a reuse project to provide reclaimed water for irrigation to high demand customers and removing these high demand customers from the potable resource in the amount of $300,000.00 for which funds are budgeted. (Contract Number C -8814) BROWARD SERVICE CENTER 12. Authorize entering into a cooperative agreement with the City of Miramar to provide financial assistance for the construction of a reclaimed water main which will comprise a dual distribution system in the amount of $300,000 and authorize a budget transfer of $300,000 from the Miami Dade Service Center to the Broward Service Center, for which funds are budgeted. (Contract Number C -8854) FLORIDA KEYS SERVICE CENTER 13. Authorize entering into a cooperative agreement with the Florida Keys Aqueduct Authority to provide financial assistance in support of the rehabilitation of the Stock Island reverse osmosis (RO) desalination plant as an alternative water supply service in the amount of $300,000 for which funds are budgeted. (Contract Number C -8840) MARTIN /ST. LUCIE SERVICE CENTER 14. Authorize entering into a cooperative agreement with the Fort Pierce Utilities Authority (FPUA) to provide financial assistance in support of the implementation of the extension of a reclaimed water main system in the amount of $214,000, for which funds are budgeted. (Contract Number C- 8865) 16G Governing Board Meeting December 12. 1996 Page 4 15. Authorize entering into a cooperative agreement with the Fort Pierce Utilities Authority (FPUA) to provide financial assistance in support of the implementation of an Aquifer Storage and Recovery (ASR) facility in the amount of $289,000, for which funds are budgeted. (Contract Number C -8866) FORT MYERS SERVICE CENTER 16. Authorize entering into a cooperative agreement with Lee County for the implementation of a flow diversion internal to the East Lee County Water Control District, increasing storage for aquifer recharge while decreasing flooding peak stages downstream in the amount of $285,000 for which funds are budgeted. (RFP C -7793, Contract C -8813) ORLANDO SERVICE CENTER 17. Approval of the Significant Groundwater Recharge Map of Orange County, Florida. MANAGEMENT SERVICES DEPARTMENT 18. Authorize the designation of the Department Director, Water Resources Evaluation and the Department Dire :tor, Ecosystem Restoration to be included in the Florida Retirement System Senior Management Service Class, as provided by S.121.055, Florida Statute. 19. Authorize entering into a contract with Art Fall Protection Service Inc. for security services at the Everglades Nutrient Removal Project site for the period .January 1, 1997 through December 31, 1 997, with two (2) one -year automatic renewals at the option of the District, in the amount not to exceed $231,183, of which $55,000 is budgeted for FY1997 (9 months) with the remainder subject to Governing Board approval of FY1998 (576,083), FY1999 ($79,888), and FY2000 (3 months, ($20,212) budgets (Contract No. C- 8378). _ 1 Governing Board Meeting 6G December 12. 1996 Page 5 OFFICE OF ENTERPRISING ENGINEERING 20. Authorize entering into a contract with Blasland, Bouck & Lee, Inc. for remote data collection in the amount of $155,680 of which $39,280 is budgeted for FY97 with the remainder subject to Governing Board approval of the FY98 ($58,200) and FY99 ($58,200) budgets. (Contract Number C -7948) 21. Authorize entering into a contract with Bay Networks, Inc. for Bay Networks equipment maintenance for the time period January 1,1997 through December 31, 1999 in a dollar amount not to exceed $228,726 of which $50,242 is budgeted for FY97 and the remaining $178,484 is subject to Governing Board approval of the FY98 and FY99 budgets. (RFP #C -8353, Contract Number C- 8357) 22. Authorize entering into a contract with Equitrac Corporation for Ungermann- Bass network equipment maintenance for the time period January 1, 1997 through December 31, 1999 in a dollar amount not to exceed $183,712 of which $55,502 is budgeted for FY97 and the remaining $128,210 is subject to Governing Board approval of the FY98 and FY99 budgets. (Contract Number C -8353) CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 23. Approve staff recommendations for releases of District canal, mineral and road reservations, releases of T.I.I.T.F, canal reservations and issuances of non -use commitments. 24. Approve the partial release of canal reservations over portion of Tracts 60 and 61, Florida Fruit Lands Company's Subdivision No. 1, Plat Book 2, Page 17, Public Records of Dade County, Florida; said lands situate in Section 3, Township 53 South, Range 40 East, Dade County, Florida, for Canal 6. (Miami Canal) - (SFWMD No. RR96.12, 9 -96 -6) 25. Authorize a change order to a contract with Max South Construction, Inc., for the construction of the new Ft. Lauderdale Field Station, to provide additional architectural, civil, electrical, HVAC and mechanical work for the project, in the amount not to exceed $77,923 which is unbudgeted, and authorize a budget transfer from Construction Change Order funds to the Ft. Lauderdale Field Station Relocation Project (C -6037) and authorize extending the contract by two hundred twenty (220) calendar days. (Contract Number C -6037, C.O.43) 16G -411 1 Governing Boerd Meeting December 12, 1996 Page 6 26. Authorize a change order to a contract with Branching Out, Inc. for the construction of the S -140 Repowering and Fuel Containment Modifications Project, to prow -1de additional concrete, protective coatings and engine insulation for the project, in the amount of $4,387.00 for which funds are budgeted; and authorize extending the contract by forty -five (45) calendar days retroactive to September 15, 1996. (Contract C -7019, C.O. #1) 27. Approve declaring surplus, a permanent right of access over certain lands containing acres, more or less, in Palm Beach County, Hillsboro Canal (L- 15) Project, and authorize entering into an Access Agreement for the conveyance of said right of access in favor of the Solid Waste Authority of Palm Beach County, and authorize the waiver of all fees and costs. OPERATIONS AND MAINTENANCE DEPARTMENT 28. Authorize amending three separate work order contracts with the firms of Texas Aquatic Harvesting, Weedbusters, Inc., and Adirondack Harvesters, Inc. for mechanical harvesting services to increase contract funding in the total amount of $400,000 for which funds are budgeted. (Contract Numbers C- 7550-A2, C- 7558 -A2, C- 7559 -A1) 2 °. Execute Final Order adopting the Division of Administrative Hearings' Order relinquishing jurisdiction to the District based on the Notice of Voluntary Dismissal of the Petition filed by Solar Outdoor Lighting, Inc., and authorize entering into a contract with Solar Electric Power Company, inc. for installation of twenty photovoltaic (solar) lighting systems at selected pump stations in an amount not to exceed $60,000 for which funds are budgeted. (Contract Number C- 7586: 30. Authorize amending a contract with Florida Energy Office for Solar Lighting Systems to extend the contract for 180 days at no additional contract cost. (Contract Number C- 7567 -A1) 16G Governing Board Meeting December 12, 1996 Page 7 PLANNING DEPARTMENT 31. Authorize amending a cooperative agreement with Florida International University to complete monitoring of impacts to mangrove wetlands of new freshwater flows from the L -31 E borrow canal in the amount of $325,000, of which $100,000 is budgeted and the remaining $225,000 is subject to Governing Board approval of the FY98 budget; and to extend the agreement for two years to complete monitoring impacts. (Contract Number C- 4245 -A2) 32. Authorize amending a contract with Aqua Terra Consultants to modify the Hydrologic Simulation Package- Fortran (HSPF) software model to simulate South Florida irrigation practices in the amount of $55,000; authorize a budget transfer of $55,000 from Hydrologic Systems Modeling - Modeling /Other Technical Services, HFPS Modeling to Planning Department, Lower West Coast /Special Projects Professional Fee and Services; and retroactively extend the term of the contract from November 10, 1996 to October 15, 1997. (Contract plumber C- 5365 -A3) 33. Authorize amending a cooperative agree, ment with Florida Department of Environmental Protection to complete the Biscayne Bay GIS database as part of the Biscayne Bay SWIM program to extend the term of the contra" for seven months, from January 31, 1997 to August 31, 1997, at no additional contract cost. (Contract Number C- 6767 -A2) 34. Authorize amending a cooperative agreement with St. Lucie County anti the North St. Lucie River Water Control District for design and construction of a structure and stormwater treatment area to retroactively extend tt* term of the contract fifteen months from September 30, 1996 through December 31, 1997, and to revise the schedule of payments and deliverables at no ad(fnionai contract cost. (Contract Number C- 5247 -A1) 16G Governing Board Meeting Decertbber 12, 1996 Page 8 ECOSYSTEM RESTORATION DEPARTMENT 35. Authorize entering into a contract with Soil and Water Engineering Technology, Inc., for updating and verifying the Lake Okeechobee Agricultural Decision Support System (LOADSS) in the amount of $113,000, of which $98,340 is budgeted, and the remaining $ 14,660 is subject to Governing Board approval of the FY98 budget; and authorize a budget transfer in the amount of $20,000 from the Planning Department, Interagency Expenditures- Public Universities to the Ecosystem Restoration Department, Modeling /Other Technical Services. (Contract Number C -761 1) 36. Authorize amending Phase I of a contract with Brown & Caldwell for professional services associated with the detailed design of STA -2 treatment works and WCA -2A hydropattern restoration to expand the scope to include the field investigation and design of proposed new structure G -340 at the Hillsboro Canal, the design of discharge flexibility into Seepage Pumping Station G -337 and incorporation of the package into the Inflow works contract of STA- G, and the inflow works reconfiguration modeling, alternative selection and design in the budgeted amount of $245,800; and authorize a budget substitution in the same amount from the Project Construction Division, Professional Fees (CCNA) -Construction Projects (ECP -02) to Professional Fees (CCNA) - Construction Projects. (ECP -031 (CCNA, Contract Number C -E201- A2) REGULATION DEPARTMENT 37. Authorize Rule Development to Amend Chapters 40E -61 and 40E -63, F.A.C. to address comments from the Joint Administrative Procedures Committee. (Docket Number 97 -3) 1 -nd of Morning Consent Agenda PUBLIC COMMENT (May be moved to follow Public Hearing) opportunity for members of the public to discuss matters of interest which are not on the agenda. 16G Governing Board Meeting December 12, 1996 Page 9 • 0 Note: The Board will discuss these items individually in the order listed. CONSTRUCTION AND LAND MANAGEMENT 38. Consideration of temporary closure of Save Our Rivers Management Areas in the Kissimmee Chain of Lakes and Upper Lakes Basin projects due to public safety and natural resources protection concerns, as provided by District Rule 40E- 7.523. Fred Davis, Director, Land Stewardship Division - Construction and Land Management 39. Approve resolution advising the Department of Environmental Protection of the Save Our Rivers Program, Construction and Land Management Department, adopted budget needs for FY97 utilizing funds in the amount of $4,437,346 from the Water Management. Lands Trust Fund and authorize the Executive Director, or his designee, to request reimbursement on a quarterly basis based on actual expenditures for land management, maintenance and capital improvement activities. Fred Davis, Director - Land Stewardship Division - Construction and Land Management 40. Authorize a resolution advising the Department of Environmental protection of th? Sava Our Rivers Land Acquisition Program adopted budget needs for FY97, utilizing up to five percent of the District's allocation from the Water Management Lands Trust Fund for pre - acquisition costs associated with preliminary and preparatory activities as necessary for the District to pursue acquisition of the fee or other legal interest in lands pursuant to the Save Our Rivers Program and authorize the Executive Director, or his designee, to request reimbursement on a quarterly basis based on actual expenditures for pre - acquisition activities. Charles R. Rinaldi, Deputy Director; Land - Construction & Land Management 41. Discussion of funding outlook for land acquisition. 'William F. Malone, Director - Construction & Land Management 42. Approve amendments to the 1997 Save Our Rivers Five Year Plan Fred Davis, Director - Land Stewardship Division 16G Governing Board Meeting December 12. 1996 Page 10 43. Approve the purchase of land interests containing 1,107.1 acres, more or less, in Polk County, Upper Lakes Basin Watershed Project, and authorize a resolution to 'the Department of Environmental Protection requesting reimbursement for these expenditures and associated costs. Charles R. Rinaldi, Deputy Director, Land - Construction & Land Management 44. Approve the purchase of land interests containing 152.24 acres, more or less, in Polk County, Kissimmee Chain of Lakes Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for these acquisitions and Associated costs. Charles R. Rinaldi, Deputy Director; Land - Construction & Land Management 45. Authorize the Executive Director, or his designee, to request the U.S. Army Corps of Engineers to file eminent domain proceedings in Federal District Court for the acquisition of certain tracts within Tiger Lake - KCOL, containing 77.14 acres, more or less, as identified in Exhibit "B ", located in Polk County, Florida, Kissimmee River Headwaters Revitalization Project. Charles FP. Rinaldi, Deputy Director; Land - Construction & Land Management 46. Approve a Revisers Application for Federal Assistance and Revised Grant Agreement for the acquisition of 2,300 acres, more or less, in Broward, Dade and Palm Beach Counties, East Coast Buffer Strip, State of Florida Everglades Restoration Project, Solid Waste Authority, Chambers Estate, Country Lakes, L.P. and PBFtC, inc., property owners, and authorize the Executive Director, or his designee, to execute the application and Grant Agreement. T. Joan Lawrence, Assistant General Counsel, Office of Counsel Charles R. Rinaldi, Deputy Director; Land - Construction and Land Maria.gem. en r 47. Apptove the purchase of land interests containing 142.63 acres, more or less, it Broward County, East Coast Buffer Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for these acquisitions and associated costs. Charles R. Rinaldi, Deputy Director; Land - Construction & Land Managem.enr 16G Governing Board Meeting December 12, 1996 Page 11 48. Approve the purchase of land interests containing 17.30 acres, more or less, in Broward County, East Coast Buffer Project, and authorize a resolution to the Department of' Environmental Protection requesting reimbursement for these acquisitions and associated costs. Charles R. Rinaldi, Deputy Director, Land - Construction & Land Management 49. Approve the purchase of land interests containing 18.33 acres, more or less, in Broward County, East Coast Buffer Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Charles R. Rinaldi, Deputy Director, Land - Construction & Land Management 50. Approve the purchase of land interests containing 19.17 acres, more or less, in Broward County, East Coast Buffer Project, and authorize a Resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Charles R. Rinaldi, Deputy Director; Land - Construction & Land Management 51. Approve the purchase of land interests containing 15.18 acres, more or less, in Dade County, Southern Glades (C -1 11) Project, and authorize a Resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Charles R. Rinaldi, Deputy Director; Land - Construction & Land Mansgement 52. Authorize an amendment to the Agreement with Mark Collins, as personal representative of the Estate of Robert W. Chambers, deceased, and as personal representative of the Estate of Arlene Chambers, deceased, for the purchase of land interests containing 129.015 acres, more or less, in Broward County, East Coast Huffer Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Charles R. Rinaldi, Deputy Director; Land - Construction & Land Management 16G Governing Board Meeting December 12, 1996 Page 12 53. Approve amendment to Agreement with Warren B. Wiltshire, Jr., as Trustee, ADLU, Inc., and LOAD, Inc., to purchase land interests, containing 632.64 acres, more or less, located in Lee County, Stairstep Project and approve the reservation by the sellers of the right to graze cattle on said lands and approve the assignment of said reservation to the existing tenant, Bryan Huddleston, for a period of one year after the date of closing. Charles R. Rinaldi, Deputy Director; Land - Construction & Land Management 54. Approve the Amendment to the Agreement for Sale and Purchase for the Kissimmee Prairie property with the Latt Maxcy Corporation, dated April 10, 1996 regarding environmental cleanup. William F. Malone, Director - Construction & Land Management 55. Approve Agreement for management of lands in STA -5 and authorize the Executive Director, or his designee, to execute the Agreement. William F. Malone, Director - Construction & Land Management 56. Purchase of land interests in Hendry County, Everglades Construction Project (STA -5). A. Approve the purchase of land interests containing 3,907 acres, more or less. B. Approve the purchase of land interests containing 3,897.12 acres, more or iess. William F. ,Malone, Director - Construction & Land Management) 57. Approve the purchase of land interests containing 387.88 acres, more or less, in Okeechobee County, Pool D, Kissimmee River Restoration Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for these acquisitions and associated costs. William F. P.4alone, Director - Construction & Land Management 58. Approve the purchase of land interests containing 1,428.62 acres, more or less, location in Cisceola and Polk Counties, Kissimmee Chain of Lakes Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. William F. Nfalone, Director - Construction & Land Management 59. Consider acquisition of a0R lands. End of Public Hearing 16G Governing Board Meeting December 12, 1996 Page 13 PUBLIC COMMENT (M,yy be continued at this time if not complete prior to the Public Hearing.) BOARD COMMENT Opportunity for Board members to discuss matters of interest which are not on the agenda. 60. OMBUDSMAN'S REPORT Richard E. Williams, District Ombudsman Note: The Board will discuss these items individually in the order listed. DISCUSSION OF ANY ITEMS PULLED FROM MORNING CONSENT AGENDA FORT MYERS SERVICE CENTER 61. Presentation of Prioritized Issues from Southwest Focus Group (15 minutes) John Manning, Focus Group Chairman and L,:e County Commissioner MARTIN /SZ'. LUCIE SERVICE CENTER 62. Approve Resolution which pledges District support for the new Indian River Lagoon "Blueway" (conservation and Recreation Lands project application. Paul Millar, Director, Martin/St. Lucie Service Center (15 minutes) 16G , , Governing Board Meeting December 12, 1996 Page 14 ECOSYSTEM RESTORATION DEPARTMENT 63. Authorize amending a cooperative agreement with Everglades National Park (ENP) to fund four additional years of a Flume Dosing Program, originally to be funded through DEP (Contract Number C- E7603), to determine no- imbalance phosphorus threshold concentrations for the Shark River Slough Everglades wetlands, in the amount of $1,000,000 of which $250,000 is budgeted in FY97, and the remaining $750,000 is subject to Governing Board approval of the FY98, FY99, and FY00 budgets. [RAM -6) (Contract Number C- E6615 -A1) Tom Fontaine, Director, Everglades Systems Research Division (15 minutes) PLANNING DEPARTMENT 64. Accept the District Water Management Plan Annual Report for 1996 and authorize its transmittal to the Department of Environmental Protection. Frank Duke, Senior Supervising Professional, Planning Department (30 minutes) 65. Reconsider Broward County Land Use Amendment Proposal No. PC 96 -10; and withdraw previously raised objections, provided certain conditions are made binding on the amendment. Dan Cary, Director, Planning Department (10 minutes) REGULATION DEPARTMENTr 66. Authorize Initiation of Rulemaking and Appro,ie the Publication Draft of Rule Amendments to Chapters 40E -2, 40E -20, and 40E -23, F.A.C., and the Basis of Review for Water Use Permit Applications Pertaining to Basin Expiration Dates for lndividusl Irrigation Use Class Water Use Permits and the Extensions of there Expiration Dates for Permits Located Within the Upper East Coast and the Kissimmee Water Use Basins. (Docket Number 97 -2) William Scotr Burns, Director, Water Use Division, (10 minutes) 16G Governing Board Meeting December 12, 1996 Page 15 OFFICE OF COUNSEL 67. Authorize a settlement agreement of an inverse condemnation action involving land %,within the designated boundaries cf Stormwater Treatment Area 1 E ( "STA 1 E ") styled Busbee, Wilkins & Sealy, Inc. v. South Florida Water Management District, in the 15th Circuit Court for Palm Beach County, Florida, Case No. CL 95- 8512 -AH and approve and adopt a Resolution authorizing eminent domain proceedings for the acquisition of certain lands owned by Busbee, Wilkins & Sealy, Inc. containing 826 acres, more or less, in Palm Beach County. Ruth Clements, Sr. Attorney, Office of Counsel (15 minutes) 68. Authorize a settlement agreement of an inverse condemnation action involving land within the East Coast Buffer Strip designated boundaries styled Alberto Tamayo Sr-et al., v. South Florida Water Management District, in the 11th Circuit Court for Dade County, Florida, Case No. CL 94- 21308 -CA -15 and approve and adopt a Resolution authorizing eminent domain proceedings for the acquisition of certain lands owned by Alberto Tamayo Sr., et al., containing 153.45 acres, more or less, in Dade County, East Coast Buffer Strip Project and authorize a Resolution to the Department of Environmental Protection and an application for Federal Assistance and Grant Agreement to the Department of Interior, Fish and Wildlife Service requesting reimbursement for this acquisition and associated costs and authorize the Executive Director, or his designee, to execute the application and Grant Agreement for federal reimbursement. Ruth Clements, Sr. Attorney, Office of Counsel (15 minutes) REPORT FROM THE EXECUTIVE DIRECTOR 69. Water Management Highlights Samuel E. Poole, lll, Executive Director 70. Governing Board Follow -up Items Samuel E. Poole, /ll, Executive Director 71. Recommendation for public education programs funded from from the sale of surplus District items. Kathy Copeland, Director, Government and Public Affairs 72. Update on Everglades Litigation Barbara Markham, General Counsel 16G Governing Board Meeting December 12, 1996 Page 16 73. Update on Everglades Construction Project Miller Andress, Director, Everglades Construction Project Staff 74. Update on Proposed Policy for Air Rights Leasing Joe Schweigart, Director, Operations and Maintenance Department J End of Morning Discussion Agenda wwwwwwwwwwwwwwawewwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww AFTERNOON AGENDA APPROVAL: 2:00 P.M. A. Additions, Deletions, Substitutions B. Abstentions C. Pull items for Discussion D. Motion to Approve Afternoon Consent Agenda, except ept for items pulled for discussion E. Consider Afternoon Consent Agenda Items Pulled for Discussion. F. Continue Morning Discussion Agenda (if applicable) G. Consider Afternoon Discussion Agenda F r) N _C Jy_r ,MTAGENDA: REGU�ATQRY MATTE NOTE: The Board may not wish to discuss these items individually and may approve them as a group. Anyone wishing to speak on one of these items should complete a speaker card and submit it to the District representative it, the lobby prior to consideration of the Consent Agenda. This will permit the Chairman to pull such items for individual discussion. A copy of the consent agenda is available upon request by contacting the Regulation Department at (5611 687 -6736. 75. Consideration of Consent Agenda for Governing Board approval which includes Construction and Land Management items: Emergency Authorizations Right of way Occupancy Permit Applications Right of Way Occupancy Permit Modifications Denials Governing Board Meeting December 12, 1996 Page 17 76. Consideration of Consent Agenda for Governing Board approval which includes Regulatory items: Water Use Permit Applications Surface Water Management Permit Applications (including Conservation Easements) Environmental Resource Permit Applications (including Conservation Easements) SWIM Works of the District Permit Applications Denials Surface Water Management Permit Extensions Consent Agreements Consent Agreement Amendments Conservation Easement Seminole Tribe Work Plan Amendment End of Afternoon Consent Agenda AFTERNOON DISCUSS!ONI AGENDA: REGULATORY MATTERS ROTE. The Board v•i // discus.z h7dividually in the order listed on rho agenda. DISCUSSION OF ITEMS PULLED FROM AFTERNOON CONSENT AGENDA CONDITIONAL 20 -YEAR DURATION INDIVIDUAL WATER USE Permit (5 minutes 77. Consider a request by Collier County for the issuance of a Conditional 20 -Year Duration Individual Water Use Permit for Collier County Utilities, Collier County (staff recommendation, is for approval) VYrn..3cott Burns, Director, Water Use Division., Regulation Department MITIGATION PLAN (15 minutes) 78. Consider the mitigation plan, pursuant to Chapter 373.4137, F.S., intended to offset vvetland impacts incurred by the Florida Department of Transportation through fiscal years 1997, 1998 and 1999 (staff recommendation is for approval) Robert Robbins, Director, Natural Resource Management Division, Regulation Department 16G 16G Governing Board Meeting December 12, 1996 Page 16 ENVIRONMENTAL RESOURCE PERMIT (5 minutes) 79. Consider a request for the issuance of a Environmental Resource Permit Modification for Van Ness Ranch, Palm Beach County (staff recommendation is for approval) Damon Meiers, Supervising Professional, Surface Water Management Division, Regulation Department ENVIRONMENTAL RESOURCE PERMIT (45 minutes) 80. A. Consider the Administrative Law Judge's Recommended Order of Dismissal, and the Exceptions filed thereto, in Durando and Audubon Society of the Everglades v. G. L. Homes of Boca Raton III Corporation (DOAH Case 96 -4185) John J. Fumero, Assistant General Counsel, for District Staff Barbara A. Markham, General Counsel, for the Governing Board 9. Consider a request by Capella Enterprises /G. L. Homes of Boca Raton III Corporation for the issuance of a conceptual approval Environmental Resource Permit for Capella, Palm Beach County (staff recommendation is for approval) Dan Cary, Director, Planning Department Ken Ammon, Deputy Director, Regulation Department End of Afternoon Agenda ADJOURNMENT 16G MINUTES OF A MEETING OF THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MV ;AGEMENT DISTRICT HELD AT OFFICES OF THE DISTRICT, 3301 GUN CLUB ROAD'ATST PALM BEACH FLORIDA THURSDAY, NOVEMBER 14, 1995 8:30 A.M. The folloa-ing Board Members were present: Valerie Boyd, Chairman Frank Williamson, Jr. Eugene K. Pettis William Hammond Williarn E. Graham Betsy Krant Richard Machek Miriam Singer Samucl E. Poole III, Secretary CALL TO ORDER The mccting was called to order at 8:30 a.m. by C�Iairman Boyd, followed by the Invocation. by Ms. Vris Garrison, and the Pledge of Allegiance to Lie Flag of the United States of /6.mehcs Presentations: Chairman Boyd and Mr. Pooie accepted the 1996 Habitat Restoration Award presented by Florida Association of F.,nvi;onrnental Professionals, and recognized the effort by the following staff members; Mr. Tom Kosier, Senior Supervising Environmental Scientist, Ecosystem Restoration Department, Mr. Bob Martens, Senior Supervising Scientist Associate, Water Resources Evaluation Department, Ms. Delia Ivanoff, Water Quality Monitoring Laboratory Supervising Chemist, Water Resources Evaluation Department, Mr. Ken Perla, Senior Supervising Engineering Associate, Water Resource Evaluation Department, Mr. Jim Cotton, and Mr. Jack Hardcc-. Governing Board Meeting November 14, 1996 Page 2 Approval of Minutes Motion by Ms. Singer to approve the Minutes of the Governing Board Meeting of October 9, 1996 and the Governing Board Regular Meeting of October 10, 1996 as written. Motion approved. MORNING AGENDA APPROVAL Additions, Deletions, Substitutions Ms. Kathie Morris, Senior Business Resources Analyst, Executive Office, noted a change to item 21, changing the amount to $180,000 and the timeframe to 60 days. Ms. Morris also noted that items 34, 36, 38, 39, and 43 have been deleted. Motion by Mr. Hammond to approved changes to the Morning Consent Agenda Motion approved. GOVERNPNG BOARD MEETING SCHEDULE 1. Consider Schedule for Upcoming Meetings, Mr. Poole presented the schedule. A copy of the schedule is included in the official record of this mee6ng. Mr. Poole noted that the February 1997 :Board Workshop will be held in Ft. Myers. 2. Comsider agenda for December Workshop. Mr. Poole presented the proposed agenda. Abstentions Mr. Williamson On Item 16. MORNIA'G C0.A'5FA'T ,1GE,! DA A. Pull items for 11sciission. No items were pulled. B. Motion to Approve the Consent Agenda. 166 Governing Board Meting November 14, 1996 Page 3 Motion by Ms. Singer to approve the Morning Consent Agenda. Motion approved. The following items were approved as part of the Morning Consent Agenda. BUDGET OFFICE - 4. Approval of Budget Transfers. OFFICE OF COUNSEh 5. Authorize amending a contract with Arnold M. Weiner, Esq., for legal representation in South Florida Water Management District v Davis, et.al. to increase funding, in the amount of $50,000, for which funds are budgeted [C- 7244 -A1], 6. Authorize amending a contract with Deighan Appraisal Associates, Inc., retroactive to September 5, 1996 for appraisal services in support of the District's litigation position in SFWMD v. York/Davis, to increase funding in the amount of $36,000, for which funds arc budgeted. (Contract No. C- 7346 -A2). 7. Authorize entering into a contract with the law firm of Eckert Seamans Cherin & Mellott for legal services and representation in support of the District's Minority and `:'omen Business E.nt:rprise Contracting Rule and the overall implementation of the District's Supplier Diversity and Outreach Program in the amount of $25,000, for Which runt's arc budgeted (C- 8220). R. Authorize the filing; of appropriate counter -- claim's) against Mario Pino and appropriate claims against Ubaldo Blanco relating to the illegal construction of a single family residence Within the District's Right -Of -Way (Dade County, C-4). (Circuit Court Case # 96- 21473). MIAMI DADS REGIONAL SERVICE CENTER 9. Authorize amcnding a contract 3vich the Metropolitan Dade County Department of Environmental resources lvaanagc, -ment to construct a residential graywater reuse demoastradon to extrnd th- contract for 24 months at no additional contract cost. (Contract No. 6111A -2), BROWARD SERVICE CENTER 10. Authorize entering into a cooperative agreement with the City of Ft. Lauderdale to provide financial assistance for the construction of a storage and recovery facility in the amount of $300,000 f hi which funds are budgeted (Contract No. C- 8853). ,1 6G Governing Board Meeting November 14, 1,996 Page 4 16G I1. Authorize entering into a cooperative agreement with Broward County for the purpose of providing financial assistance in support of the design, permitting, construction and monitoring of a Reclaimed Water Delivery System for the isolated cypress area located on the Broward County North Regional Wastewater Treatment Plant property, using the plant's reuse water, in the amount of $97,020, for which funds are budgeted. (Contract No. C -8851) MARTINIST. LUCIE SERVICE CENTER 12. Authorize catering into a cooperative agreement with St. Lucie County Utilities to provide financial assistance in support of the implementation of the extension of the North Hutchinson Island reclaimed water main system in the amount of $50,200, for which funds are budgeted (Contract No. C- 8863). 13. Authorize entering into a cooperative agreement with St. Lucie County Utilities to provide financial assistance in support of the implementation of the extension of the South Hutchinson Island reclaimed water main system in the amount of $300,000, for which funds are budgeted (Contract No. C- 8864). 14. Authorize catering into a cooperative agreement with the St. Lucie West Services District (Services District) to provide financial assistance in support of the coastruction of a side stream treatment system in the amount of $85,000, for which funds are budgeted (Contrac( No. C- 8867). OKEECHOBEE SERVICE CENTER 15. Authorize entering into a reimbursement agreement with the Florida Depanrnent of Transportation (1~DOT) for the development and implementation of the Florida National Scenic Trail - Lake Okeechobee Segment along the Herbert Hoover Dike in Hendry, Glades, and Okeechobee Counties, in the amount of $3,800,000 of F:,hich 5445,000 is budgeted for F1' 97 and the remainder is subject to Governing Board i approval of the FY 98, FY 99, FY 2000, and FY 2001 budgets. (Contract No. C- 8820). 16. Authorize entering into a cooperative agreement with the Okeechobee Utility Authority, mtroactive to October 1, 1996, to provide financial assistance in support of the implementation of the expansion of an agricultural rethse system in the amount of $260,00, for which funds are budgeted. (Contract No. C- 8822). 17. Authorize entering into a cooperative agreement with Glades County, retroactive to October 1. I996, to provide financial assistance in support of the implementation of a 90.000 gallons per day expansion of a domestic waste reuse system, in the amount of 5300,000, for which funds are budgeted. (Contract No. C- 8823). Governing Board Meeting; 16 G November 14, 1996 Page 5 18. Authorize amending a cooperative agreement with the Okeechobee Utility Authority (OUA) for the planning, administration and operation of the Authority for an eight (8) month time extension retroactive from September 30, 1996, at no additional cost to the District. (C-7123-Al) FORT MYERS SERVICE CENTER 19. Authorize entering into a cooperative agreement with the Gulf Utility Company for the implementation of a reuse mixing system to provide alternate sources for irrigation and Preserve potable water resources in the amount of $300,000, for which funds are budgeted (RFP C -7793. Contract C- 8811). CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 20. .Approve staff recommendations for releases of District canal, mineral and road reservations, relea_cc.s of T.I.i.T.F. canal reservations and issuances of non -use commitments. 21. Authorize a change: order for a contract with Florida Metal Industries, Inc. for the 13 -1 Hcadquarters Building StOM' Shutter Installation, to mororize the roll -up shutt,.rs in the amount not to exceed $218,000, which is unbudgeted, and authorize a budget transfer from District Condr)gency Reserve: Fund to B -1 Headquarters Building Storm Shutter Installation, ud extend the contract by thirty (30) calendar days. (Contract No. C -7040, C.O. #1) OPERATIONS AND NtAKNTENANCE DEPARTMENT 22• Approve a Resolution advising the Deparnnent of Environmental Protection of the intended use of (ands from the water management lands trust fund to reimburse for cost.; associated •aunt managing aquatic plants pursuant to the 1996 Lake Fissimrriee Extreme Drawdown Environmental Enhancement Project. WATER R.ESOLRCES EVALUATION 23. Authorize entering into a contract with GFA International for the installation of eighteen monitoring wells at the ENR Project and three monitoring wells at the L -39 levee to measure groundwater fluxes, in the amount of $115,000, for which funds are budgeted (Contract No. C- 7679). 16G Governing Board Meetu-tg November 14, 1996 Page 6 ECOSYSTEM RESTORATION DEPARTMENT 24. AuLhorize amending a cooperative agreement with the National Oceanographic and Atmospheric Administration (NOAH) for analyses of Water Conservation Area soil cores in detcnnining sorption strength in organic soils to revise the deliverable schedule and retroactively extend the contract by 365 days, at no additional contract cost [RAM -5) (Contract No. C- E5324 -A2). REGULATION 47. Authorize Initiation of Rulemaking and Approve the Publication Draft of Rule Amendments to Chapters 40E-2, 40E -20, and 40E -23, F.A.C., and the Basis of Review for Water Use Permit AppLcations Pertaining to Basin Expiration Dates for Individual Irrigation Use Class Water Use Permits and the Extensions of these Expiration Dates for Permits Located Within the Upper East Coast and the Kissimmee Water Use Basins. (Docket No. 97 -2) COMMITTEE REPORTS 3. Accept the Audit Committee Report, including recommended actions. Pettis, Chairman, Audit Committee, presented the report. A copy of the material used in his pres�mtatiou is included in the official record of this meeting. Mr. Pettis said the Audit Committee met <)a November 13, 1996 and recommended Governing Board approval of Proposeri Changes to the Procurement Policy for the Everglades Construction Project. Motion by Mr. Pettis to approve proposed changes to the >Procutrement Policy for the Everglades Construction Project. Motion approved. Mr. Pettis said the committee recommended Governing Board approval of the proposed Internal Audit Plan for the year ending September 30, 1997. Motion by Mr. Pettis to approve the proposed Internal Audit Plan for the year ending September 30, 1997. Motion approved. Mr. Pettis said the committee accepted the Report of the Inspector General, which included: Governing Board Meeting November 14, 1996 Page 7 The Annual Rcport for the Fiscal Year Ended September 30, 1996. The report summarized the audits performed, as well as other project and activities accomplished during the year, The Audit of the Human Resources Division. Copies of the report were shared with Board members. The report will be presented at a joint Audit Committee and Human Resources Committee meeting on December 11, 1996. The report includes observations concerning long -range staffing, planning/forecasting, job group salary surveys, needed updates to various HR policies and procures. District Management concurred with all of the fifteen recommendations contained in the repot He said the Audit Com:nittrc also: Discussed the Report of the State Auditor Gcncral. The report's entire focus was limited to compliance %0'th taws and regulations. The audit does not articulate whcttaer District is achieving the desired level of program results, nor does it address quesdons of economy and cfficicncy. The Report does, however, specify that " ... none of the reporable conditions dcscr,hed in the FINDINGS AND RECOMMENDATIONS section of this report is a material weakness in the District's internal control structu,-t.- End of Morning Consent Agenda BOARD COMMENT Chaiirn:an Boyd commcntrd on t-ne relationship among Governng Board members. She noted that there is a strength, and a bond of Msper,t that board members have for each Other that goes beyond any single issue of discussion. She said board members all work together to achieve their goals. PUBLIC COMMENT 16G Governing Board Meeting November 14, 1996 Page 8 Mr. `Mayne Nelson, Fishermen Against Destruction of the Environment, commented on a recent letter by Chairman Boyd that appeared in an advertisement by the agriculture industry concerning the proposed passage of Amendment 4, which would have placed a penny per pound tax: on sugar cane. Mr. Nelson said the use of Chairman Boyd's title in the letter violated the public's trust in the impartiality of the Board. Mr. Nelson said the Chairman serves at the will of the Board and it is the responsibility of the Board to censure or remove the Chairman from office. Ms. Rosa Durando, Audubon Society of the Everglades, asked that the minutes of the Agriculture Conference or Sust,6nability be corrected to milect credit on the Audubon Society of the Everglades, rather than the National Audubon Society. Ms. Durando also asked that the Board cor..sider the importance of acquiring and maintaining a buffer zone around the water supply areas. Ms. Barbara Markham, Gcncral Counsel, said this issue, will be considered by the Board at the December 1996 raecting. Mr. Satan Strahl, National Audubon Society, expressed regret over the misinformation about the District afat was puNi,hcd during the recent campaign ove; Amendments 4, 5, and 6. He said diem is a rc.cd to fnovc on with the common cause of restoring the E.vcrglades. Mr. Charles Lee, Florida Audubon Society, said his organization does not believe that the District consists of bureaucrats who waste money, as was depicted in advertisements during the recr_nt campaign over Amendments 4, 5, and 6. He said t15e District is wortiiv ()f the vote it rec.mved for a.pprova! Of A,mcndment 6, when the people of Florida decided that the District is the appropriate agency to deal with Everglades Restoration. Mr. Ftttis asked that su< f address at the De:rmbcr workshop what the Diwict's role ,AU be concerning the parzag;; of Amendments S and 6. and that staff present all alternatives, whether popular or unpopular. Mr. Hammond asked that staff pros. ^tit information at that workshop on ho4: the passage of ehc amendments win affect funding priorities and strategies to reduce pollution. Mr. Bill Gretm, representing the Sugar Cane Growers Cooperative, urged the Board to stay with the restoration plan specified in the Everglades Forever Act. PUBLIC HEARING at 9:30 A.M. Chairman Boyd opened the public hearing. 16G 16G Governing Board Meeting November 14, 1996 Page 9 REGULATION 23. Consider Adoption of Amendments to Chapter 40&4, F.A.C., and the Basis of Review for Environmental Resource Permit Applications. Mr. Robcrt Robbins, Director, Natural Resource Management Division, presented information on this item. A copy of the material used in his presentation is included in the official record of this mceti.ng. Ms. Durando expressed concern about the inappropriate application of off -site mitigation. She asked that staff provide her with information on how mitigation will be addressed under the proposed rule. Mr. Robbins explained that off -site mitigation procedurres will be unchanged. Mr. Mark Kraus, Nati^_nai Audubon Society, said his organization supports the District's efforts to rst.ablish rnitigatior, ratios, but strongly opposes ratios that are less than a one to one basis. Motion by Mr. Willia;rison to adopt Amendments to C'hnpter 40E4, F.A.C., and the Basis o; Review for Envirorunenta'.• Resource Permit Applications, to Improve Regulation of Melaleuca- Iknninated Ni'etlands by Establishing, Mitigation Ratios Based on Percent Coverage of Melaleuca in Wdiands, and Providing an Incentive Program for Landowners to Remora Melkdeuca. (Docket No. 96-4) Mr. Hammond said tbi:;, .rule should 5e a working d.xument and asked that staff present an update to the. Board in six months. Motion approved. 26. Consider adoption of amendments to Chapters 40E-61 and 401163, F.A.C., to establish requiremen!s of the Everglades Agricultural Area (EAA) comprehensive program of research, testing, and implementation of BMP's. Mr. Paul Whalen, Manager, Everglades Regulation, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Whalen noted that the Joint Administrative Procedures Committee commented on the rule and that staff would present these comments and recommended changes to the rule to the Board in December 1996. He said at that time, staff will ask the Board to authorize rule development to amend the rule accordingly. 166 Governing Board Meeting November 14. 1996 Page 10 Motion by Ms. Singer to adopt amendments to Chapters 40E-61 and 40E -63, F.A.C., to establish requirements of the Everglades Agricultural Area (EAA) comprehensive program of research, testing, and implementation of BMP's; and to clarify permit renewal procedures. (Do&iret No. 96-6). Motion approved. CONSTRUCTION AND LAND MANAGEMENT 27. Approve the purchase of land interests containing 106.63 acres, more or less, in Dade County, Modal Lands Basin Project and C -111 North Project Mr. Charles R. Rinaldi, Deputy Director; Land - Construction & Land Management, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr. Pettis to approve the purchase of land interests containing 106.63 acres, more or less, in Dade Court)-, Model Lands Basin Project and C -111 North Project, and authorize a resolution to the Department of Environmental Protection requesting reirnbursen:ent for these a<:quisitioru and associated costs. Motion approved. 2$. Approve the purchase of land interests containing 1.45 acres, more or less, in Polk County, Kissimmee Chain of Lakes Project. Mr. Rinaldi presented information on this item. A. copy of the material used in his presentation is iucluded in the official record of this rnerting. Motion by Mr. Pettis to approve the purchase of land interests containing 1.45 acres, more or less, in folk County, Kissimmee Chain of Lakes Project, and authorize a resolution to the DeparLmcni of Environmental Protection requesting reimbursement for these acquisitions and also -dated costs. Motion approved. 29. Authorize the Executive Director, or his designee, to request the U. S. Army Corps of Engineers to foie eminent domain proceedings in Federal District Court for the acquisition of certain tracts within Tiger Lake - KCOL, Mr. Rinaldi presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Rinaldi said staff has not had an opportunity to finalize this item. He asked that action be deferred. Motion by Mr. Pettis to aefer action on this item until December 1996. Motion approved. 16G Governing Board Meeting November 14, 1996 Page 11 Board members agreed to consider items 30 and 31 together. 30. Approve the purchase of land interests containing 142.63 acres, more or less, in Broward County, Exist Coast Buffer Project 31. Approve the purchase of land interests containing 17.30 acres, more or less, in Broward County, East Coast Buffer Project. Mr. William Malone, Director, Construction and Land Management Department, recommended that the Hoard not take action on thew, items at this tune. Mr. Malone said Mr. Malone asked that the Board make it clear that the District is ready to move forward with the acquisition of land for Everglades restoration and is waiting for the federal government to come through vrith their funding commitinent. ?Motion by RLS. Singer to ,defer. action on item 30: Approve the purchase of lAnd interests containing; 142.63 acres, more or less, in Broward County, Fast Cco ;t Buffer Project, and authorize a resolution to the Department of Environmental Protection requesting reimbw- sement for these acquisitions send aouociated costs. turd on item 31: Approve the purchase of rand interests containing 17.30 acres, snore or less, in Broward County, East Coast Buffer- Project., and authorize a resolution to the Department of EnvironmenW Protection requesting reimbursement for these acquisitions and assor ate.d costs. Ms. Singer asked that staff draft a letter to federal. officials statmi g that these parcels arc examples of acquisitions that the District could be moving forward on if federal funding is made available; a, authorira l by recent federal legislation, and outlining the risks involved in not being able to move forward on such acquisitiorns. Motion approved. 32. Approve modifications io Agreement with Alico, Inc., to purchase land interests, conta irsing 21,7702 asses, more or iess, located in Hendry and Collier Counties, Okaloaroochee Slough Project. M.r. Rinaldi presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Governing Board Meeting November 14, 1996 Page 12 Motion by Mr. Hammond to approve modifications to Agreement with Alico, Inc, to purchase land interests, containing 21,702 acres, more or less, located in Hendry and Collier Counties, Okaloacoochee Slough Project and ratify and approve agreement allowing Half Circle L Ranch to leave windmills and related appurtenances on property after closing. MotiCn approved. 33. Approve a resolution regarding the removal of land to be acquired. from Alico. Mr. Rinaldi presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Ms. Singer to approve a resolution regarding the removal of land to be ncquired from Alicr, fr4otn private cooperative drainage agreement. Motion approved. 34. Approve t,ie purchase of land interests containing 1,428.62 acres, more or less, located in Osm. !s and Polk Counties, Kissimmee Chain of Lakes Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. This item wa, deietcd. 35. Approve and adopt a resolution authorizing embnent domain proceedings for the scquisition of certain lands in Hendry County, Everglades Construction Project (STS► -S). Mr. William Malor)z, Di.rcctor, Construction and Land Management Department, presented information on this item n copy of the material used in his presentation is included in the offii( :ii:d record of this mc-eting. Mr. Malone said th-. parries have not been able to come to an agreement on this item. He recummended that the Board authorze staff to initiate eminent domain proceeds for acquisition of this land. Chairman Boyd said the District negotiated this acquisition with Lykes Bros. Inc. and came to an agreement in good faith. She recommended that action be deferred until January 1997. 16G Mr. Mike Botos, representing the Okeelanta Corporation, said his client has a claim on this item and is still interested in working out an agrrenient. Mr. Steve Reynolds, representing Lykes Bros. Inc., said initiating the eminent domain process would slow the acquisition of this property. 16G Governing Board Meeting November 14, 1996 Page 1 Mr. Machek said Lykes Bros. Inc. has negotiated in good faith and the Board should not punish Lykes by going to eminent domain at this time. Mr. Graham asked if this land is needed in January. Mr. Malone said a number of things must be done prior to actual acquisition. Mr. Malone said the Board could defer action on this item to allow staff to addrzss the defect on the title caused by the claim by Okeelanta Corporation. Motion by Ms. Singer to defer action on this item until December 1996. Mr. Malone said staff needs to come to closure on this item within 30 days, and if an agreement is not reached, eminent domain proceedings should be initiated. Amended motion by Ms. Singer to approve and adopt a resolution authorizing enunent domain proceedings, after a zS -day waiting period for the acquisition of certain lands in Hendry County, Everglades Construction Prgiect (STA -3). Motion approved. Aye - Mr. Willianiscn, rl'.s. Si:;rger; Mr, Hammond, Mr. Pettis, Ms. Krant. Nay - Chairman Boyd, Mr. Graham, Mr. Mach-.k. Absent - Mr. Reed. 36. Approve the purchase of land interests containing 480 gcres, more or less, located in Paler, Beach County, Everglades Construction Project (STA -2), and approve the purchase of land interests containing 1,233.18 acres, more or less, located in Palm Beach County, Water Management Area Project, and authorize a resolution to the United Staws Department of the Interior for the acquisition and associated costs. This item was deIcted. 37, Approve and adopt a resolution authorizing, eminent domain proceedings for the acquisition of r_ertkdn lands in Palm Beach County, Everglades Construction Project (STA -2). Mr. Malone presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr. Graham to approve and adopt a resolution authorizing eminent domain proceedings for the acquisition of certain lands in Palm Beach County, Everglades Construction Project (STA -2). Motion approved. 16G Governing Board Meeting November 14, 1996 Page 14 38. Approve the Amendment to the Agreement for Sale and Purchase for Multi-Turf Farm 1, dated September 9, 1993 regarding the escrow for environmental assessment and remediation costs. This item was deleted. 39. Approve the Amendment to the Agreement for Sale and Purchase for the Kissimmee Prairie property with the Latt Maxcy Corporation, dated April 10, 1996 regarding environmental cleanup. This item was deleted. 40. Consider acquisition of SOR lands. Mr. Malonc said staff has nothing to report under this item. End of Public. Hearing Chairman Boyd dosed the public hearing. PUBLIC COMMENT Mr. Ernie Caldwell, Jack M. Brrry. Inc., presented an update on Project Excel. A copy of the material used in his presentation is included in the official record of this meeting. BOARD COMMENT Mr. Vlfilliamson conunented on a letter he received several months ago from a member of the agriculture industry outlining 11 points of concern and requesting that Mr. Williamson bring the question to the Board about the Board's position on the proposed fee on sugar cane. Mr. Wilbarison said he responded with a letter promising to critique the I 1 points raised, but decided not to bring the question to the Board. W. Williamson said his refusal resulted in the advertisements by the agriculture industry criticiritig the Water Management District and it's role in administering the funds that would be raised by the proposed fet. 16G Goveming Board Meeting November 14, 1996 Page 15 Mr. Hammond said a policy should be developed that gives guidance to Board members concerning statements made about controversia.) issues like the proposed amendment to charge a penny per pound fee for sugar cane. Mr. Pettis suggested that the issue be scheduled for discussion at the next Human Resources Committee meeting. Mr. Williamson suggested that the issue be discussed at the January 1997 Board Retreat. Mr. Pettis expresccd concern about the lack of knowledge that the public has about the District's purpose and mission. He said that lack of knowledge was very evident during the recent campaign concerning the proposed sugar tax amendment. He suggested that the issue be discussed at the January 1997 Board Retreat. Mr. Machek rioted that the Pal Mar Water Control District Board of Directors has asked for a meeting with the Governing Board. He suggested that both groups meet during lunch at the Dcccmt >er l S96 Govc�tnicg Board m�ceting. Board members agreed. Ms. Singer, asked that staff s`.t up briefings with individual Board Members to review the work being done by t; e Cen-v.r for Environment&! Services. Ms. Singer uoizd that the Distract is holding public hearings on th- issue of air rights leasing. She asked t]-,at srau' share any documentation that comes out of the hearings with the Board. Mr. Michael Slayton, Deputy Executive Director, said staff will schedule a two -day workshop in December. He said staff xill also schedule a joint mating of the Audit and Human; Resourc ^s Committees in December. 41. ON"BUDSItiifON"S REPORT 1`.L% Dick Williams, Distract ()mbuisman, presented the report. A copy of the material used in his presentation is included in the official record of this meeting. MORNING DIS USSION AGENDA DISCUSSION OF ANY ITEMS PULLED FROM MORNING CONSENT AGENDA No items were pulled. 16G Governing Board Meeting November 14, 1996 Page 16 PLANNING DEPARTMENT 42. Status Report on the Upper East Coast Water Supply Plan Mr. Terry Clirk, Director, Upper East Coast/l(issimmce Division. Planning Department, presented the status report. A copy of the material used in his presentation is included in the official record of this meeting. 43. Reconsider Broward County Land Use Amendment Proposal No. PC 96 -10; and vithdraw previously raised objections, provided certain conditions are made 1)inding on the amendment. This item was deictcd. 44. Approve an informal amendment to the adopted Biscayne Bay Surface Water Improvement and Management Plan (1995). Mr. Rick a lieman, Senior Environmental Scientist, Planning Department, presented information on this item. A copy of the material used in his presentation is included in the official record of this mt-edn,, Motion by Mr. Machek to approve an informal amendment to the adopted Biscayne Bay Surface Water Improvement and Management Plan (1995) to align two projects with contemporaneous issues. Motion approved. MIAMI DADE REGIONAL SERVICE CENTER Board members agreed to consider items 45 and 46 together. 45. Authorize entering into a three (3) year zero dollar Memorandum of Agreement with Metre -Dade County Department of Environmental Resource Management (DERM) for the implementation of the 1917 Biscayne Bay SWIM projects. 46. Authorize entering into a three (3) year cooperative agreement, subject to Florida Department of Environmental Protection approval, with Metro -Dade County Department of Environmental Resources Management (DERM) in the budgeted amount of $987,0W for implementation of 1997 Biscayne Bay SWIM projects. Mr. Julio Fanjul, Dimctor, Miami Dade Regional Service Center, presented information on items 45 and 46. A copy of the material used in his presentation is included in the official record of this meeting. Governing Board Meeting November 14, 1996 Page 17 Motion by Ms. Singer to approve as one contract: 45. Auttiiori. a entering into a three (3) year zero dollar Memorandum of Agreement with Metro -Dade County Department of Environmental Resource Management (DERM) for -the implementation of the 1997 Biscayne Bay SWIM projects as mandated by the Legislature of the State Of Florida in the 1996 -7 General appropriations Act. (Contract Number C -3838) (15 minutes) 46. Authorize entering into a three (3) year cooperative agreement, subject to Florida Department of Environmental Protection approval, with Metro -Dade County Department of Environmental Resources Management (DERM) in the budgeted amount of $987,000 for implementation of 1997 Biscayne Bay SWIM projects as mandated by the Legislature of the State Of Florida in the 1996 -7 General appropriations Act, and authorize a budget transfer from Reserves to the Miami - Dade Region•i Service Canter in the amount of $987,000. (Contract Number C- 8837) (15 minutes) Motion approved. REGULATION 47. Authorize Initiation of Ruiemaking and Approve the Publication Draft of Rule Amendments to Chapters 40E -2, 40E -20, and 40E -23, F.A.C., and the Basis of Review for Water Use Permit Applications Pertaining to Basin Expiration Dates for individual Irrigation Use Class Water Use Permits and the Extensions of these Expiration Dates for Permits Located Within the Upper East Coast and the Kissimmee Water Use Basins. (Dockei No. 97 -2) This item was moved to the. Morning Coasent Agenda.. ECOSYSTEM RESTORA11ON DEPARTMENT 48. Authorize entering into a contract with Closter Farms, Inc., (Lease 3420) to provide funding for the design, construction, and land acquisition necessary to complete the Diversion Plan in an amount not to exceed $1,394,006 of which $972,098 is budgeted, and the remaining amount of up to $421,908 is subject to Governing Board approval of the FY98 budget; and authorize a budget transfer in the amount of $972,098 from the Project Construction Division, Interagency Expenditures- Local Governments to Other Contractual Service (EC10) (Contract No. C- E003). This item was deleted. 16G 16G Governing Board Meeting November 14, 1996 Page 18 OFFICE OF ENTERPRISE ENGINEERING 49. Discuss the reorgardzation of the Office of Enterprise Engineering. Mr. Trevor Campbell, Director, Office of Enterprise Engineering, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Ms. Krant to approve the reorganization of the Office of Enterprise Engineering; and authorize the associated budget transfer. Motion approved. REPORT FROM THE EXECU`TI'VE DIRECTOR 50. Water Management highlights Mr. Poolr, presented the highlights. A copy of the material used in his presentation is included in the official record of this meeting. 51. Governing Board Follow -up Items Ms. Singcr asked about her suggestion that the funds from the sale of District surplus items be used for public education programs. Mr. Poole said staff will present a. recornncndation to the Board on funding education and outreach programs. Board members agreed to consider the Afternoon Agenda at this time. AFTERNOON AGENDA APPROVAL: 2:00 P.M. A. Additions, Deletions, Substitutions Ms. Terric Bates, Director, Regulation Dapa=ent, noted the following changes handed out as addidoual backup to Item 55 of the Afternoon Cous:.nt Agenda: PERMIT APPLICATIONS Surface Water Management Scctien 28 (page 8, paragraph 4): Postponed to December 12 Board Water Use Section 28 (page 8, paragraph 5): Postponed to December 12 Board Governing Board Meeting 1 b G November 14, 1996 Page 19 Old Marsh Golf Club Unit 21 (page 13, paragraph 3): Addendum to add limiting condition 17, approval subject to no objections by November 26 Environmental Resource Pine Bay (page 1, paragraph 2): Approval subject to no objections by November 26 Okeechobcx Airport (page 10, paragraph 1): Approval subject to no objections by November 26 Cholee Park (page 13, paragraph 1): Revised agenda wording for permit type to include construction/operation SWM Extension Red Barn and Snakc Pens (page 16, paragraph 1): Postponed to December 12 Board Consent Agreement Lewis V. Swen_y (page 19, paragraph 2): Revised to read Lewis V. Swezy and L.V.S. Investment, Inc. Consent Agreement Amendment 1,Iike Bast and John Robinson (page 20. paragraph 1): Postponed B. Abstentions There were no abstentions. C. Pull Items for Discussion No items were pulled. D. Motion to Approve Afternoon Consent Agenda Motion by Ms. Singer to approve the Afternoon Consent Agenda. Motion approved. Governing Board Mccting November 14. 1996 Page 20 The following items wkT.#pproved as part of the Afternoon Consent Agenda: AFT OON C(�.E ENT AGENDA: REGULATORY MATT ERS ti-tion app 54. Consideration7 of Consent Agenda for Governing Board approval which includes Construction And Land Management items: Emergency Autl16 .4zations Right of Way Or.Rpancy Permit Applications Right of Way occupancy Permit Modifications Right of Way OTupancy Waivers of District Criteria Right of Way 0,2pupancy Waivers of Application Processing Fee 55. Consideration of Consent Agenda for Governing Board approval which includes Regulatory items: St Water Use Perini ,Applications Surface Water Nv nagement Permit Applications (including Conscir�a4o❑ Easements) Environmental Resource Permit Applications (including Conservation . rs tt Easemcnlo Surfp�r� -Water Management Permit Extensions CirCUIL Lourt Suits Consent Agrcemcpts Consent Agrerm,_nt Amendments Ptutions for Adviinistrative Hearing i 1 End of Afternoon Consent AgKpda .:1. AFTERNOON DISCU; $IONrAGENDA: REGULATORY MATTERS inain FLORMA DE ' ,RTMENT dF TRANSPORTATION MITIGATION UPDATE 56. Update on staters of gJprida Department of Transportation Mitigation Plan 16G Mr. Robert Robbins, Director, Natural Resource Management Division, presented information on this item. A cgpy of the material used in his presentation is included in the official record of this meeting. .;cer End of Afternoon Agenda 16G Governing Board Meeting November 14, 1996 Page 21 52. Update on Everglades Litigation Ms. Barbara Markham, General Counsel, presented the report. W. Hammond asked that staff present information on the best science available to allocate pollution loads from different sources at the December workshop on Amendments 5 and 6. Chairman Boyd asked that members of the agriculture industry be given a time certain for their presentation at the workshop. Mr. Graham asked for an overview at the December workshop on the items in Phase I that relate to the Everglades Agricultural Area. 53. Update on Everglades Construction Project. Ms. Jennifer Jorge, Deputy Director, Everglades Construction Project, Ecosystem Restoration Department, presented the update. A copy of the material used in her presentation is included in the official record of this meeting. End of Morning Discussion Agenda ADJOURNMENT There being no furtIhcr business to come before; the Board, the meeting was adjourned at 3:45 p.m. 16G MINUTES OF A MEETING OF THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT HELD AT OFFICES OF THE DISTRICT, 3301 GUN CLUB ROAD WEST PALM BEACH FLORIDA THURSDAY, DECEMBER 12, 1996 8:30 A.M. The following Board Members were present: Valerie Boyd, Chairman Frank Williamson, Jr. Eugene K. Pettis William Hammond Nathaniel P. Reed Williarn E. Graham Betsy Krant Richard Machek Miriam Singer Samuel E. Poole III, Secretary CALL TO ORDER The meeting was called to order at 8:30 a.m. by Chairman Boyd, followed by tic Invocation by Ms.Bcth Mc.Mdle, and the Pledge of Allegiance to the Flag of the United States of America Pvesentatiom; Presentation to the District from the National Transportation Safety Board for outstanding service during tie Valujet crash incident. Chairman Boyd. Mr. Poole, and Mr. Joe Schweigart, Director, Operations and Mainwnance Department., presented the District's 25 Years Service Awards to the following employees: - Mr. Charles "Ed" Byers, Okeechobee Field Station, Operations and Maintenance Department; - Mr. William Collier, Okeechobee Field Station, Operations and Maintenance Department; - Mr. Frank Strachl a, Ft. Lauderdale Field Station, Operations and Maintenance Department; and 16G ., Goveming Board Rcgular Mcetbg December 12, 1996 Page 2 - Mr. Junior Dixon, Clewiston Field Station, Operations and Maintenance Department. Chairman Boyd, Mr. Poole, and Mr. Joe Schweigart, Director, Operations and Maintenance Department, and Mr. Trevor Campbell, Director, Office of Enterprise Engineering, presented the District's 25 Years Service Award to: - Mr. Armando Pieche, Office of Enterprise Engineering Approval of Minutes Ms. Singer amended the minutes of the Governing Board Meeting of November 13 to include her comments that the District should not raise false expectations within the community about the redevelopment of the Homestead Air Reserve Base, should take into account the fact that the Homestead community was severely affected by Hurricane Andrew. and should maintain an honest broker role and approach the redevelopment issue in a balanced way and recognize the critical economic need of the community without compromising any of the District's processes for safeguarding the environment. Mr. Williamson :mended the minutes of the Governing Board Meeting of November 13 to include the following underlined comment: B. Joint Study of South Dade Agricultural and Rural Areas Retention Ms. Debomh Drum- Ducios, Miami -Dade Region2J Service Center, presented information on the Dad- Agricultural and Rural Land Retention Study. .A copy of the may.rial u,-:,d in hc:r presentation is included in the official record of this meeting. Mr. `'William rriipin Everglades Restoration Oversight Group, asked that th, agricultural economic component be included in the retention st-udy. Motion by Res. Singer to approve the Minutes of the Governing Board Meeting of, November 13, 1996 as aanended, and the Governing Board Regular Meeting of November 14, 1996 as written. Motion approved. NIOR.NING 4.GENDA APPROVAL A. Additions, Deletions, Su&stitastions Ms. Kathie Morris, Senior Business Operations Analyst, Executive Office, noted that item 46 has been moved to the first itrm under today's Public Hearing. Motion by Mr. Reed to approve changes to the Morning Agenda Motion approved. 16G Governing Board Regular Metering December 12, 1996 Page 3 B. Abstentions There were no abstentions GOVERNING BOARD MEETING SCHEDULE 1. Consider Schedule for Upcoming Meetings. Mr. Poolc presented the schedule. A copy of the schedule is included in the official record of this meeting. Board Members agreed to hold the additional workshop on February 27, 1997 at 9:00 a.m. to discuss the fair share allocation figures as outlined in the Everglades Forever Act. Ms. Singer suggested that staff schedule a tour of citrus groves in response to an invitation. by Mr. Ron Hamel to do so at the February Workshop in Fort Myers. 2. Consider Tentative Agenda for January Workshop. Mr. Poole presented the tentative agenda. A copy of the tentative agenda is included in the official record of this meeting. Mr. Rend asked that staff schedule an update on the result of today's Florida Bay Committee Meeting. 3. Accept the Human Resources Committee Report, including recommended actions. Ms. Singer, Chairu oman, Human Resources Committee, presented the following information as part of the committee report. 1. Discussion of proposed amendments to the Ethics 'Policy. Sheryl Wood, Sr. Attomey from the Office of Counsel explained three proposed changes to the District's Ethics Policy. The first comprised statutory changes to the State's Code of Ethics regarding certain gift.-,, and disclosure and reporting requirements which will affect all public officers and employees required to file a financial disclosure and may affect any District employee if he or she receives a gift that is intended to influence their governmental decision making. The District's Ethics Policy will need to be amended to reflect these changes. Effective January 1, 1997, food and beverages at a single sitting or event art now considered a gift. 16C Governng Board Meeting December 12, 1 996 Page 4 Additionally, removed from the definition of "gift ", is transportation provided to a public officer or employee by an agency in relation to officially approved rvcmmental bueir ; s. The statutes also were revised to exclude from the definition of "gift ", item', l,i, v:Jc : L, a state, regional or national organization that promotes the pr(-fession:d Jeveiupment of govemmental officials or employees. Questions relating I, thes.- new pr wi,�i,)n.s should be directed to Sheryl Wood in Office of Counsel. Motion by Mr. Hammond to amend the District's Ethics Policy to reflect the changes as outlined by 114s. Singer. Motion approved. The HR Committee also discussed two other proposed changes to the District, Ethics Policy: 1) an expansion of the District's Ethics Policy provision regarding the "Misuse of Public Position" and 2) "Post- Employment Restrictions." The District ha,, the discretionary authority, by statute, to adopt post- employment restrictions for its officers and employees. The committee provided direction to staff to continue refining the proposed provisions and bring back to the HR Committee and full Governing Board for vote in January. The Office of Counsel will review the proposed drafts to determine whether or not they meet the definition of a rule. If they do, Staff will recommend going forward with rule development. If they do not. Staff will recommend adoption of the proposed policy revisions. The expanded "Misuse of Public Position" provision would apply to Goy •ernin,• Board members as well as employees if they attempt to use their official title or position to influence voters on issues that the Governing Board has not taken a position on. The new "Post - Employment Restrictions" would apply to all new hires and promotions to the Executive Council level, as well as Governing Board Member. They would prohibit representation of third parties before the District, for compensation, for a period of up to two years, on matters that were within their att a of responsibility. There would also be a grandparenting clause. 16G Goveming Board Meeting December 12, 1996 Page S 2. Agenda Item No. 2: Discussion of and recommendation for adjustments to Salary Structure. Sandra Tumquest, Deputy Director, Management Services presented recommendations (as directed from the Board at the September Board meeting) to address the maximum salary for each pay grade in each plan. The selected method used to determine the amount by which salary structures should be adjusted involved a combination of: I )movement in the consumer price index (CPI) for the Miami area: and 2) period of time since last compensation study or the October 1, 1994 salary structure adjustments. In addition to the CPI, a number of published compensation reports were consulted to determine regional and national trends in salary structure adjustments. Based on the CPI analysis, the recommendation is to increase the salary range maximum (and midpoints for those plans that use midpoints) for the various pay plans: Business Resources 4.2% Craft 7.07c Science ez Engineering 2.9% Technical & Professional 7.0 Cc Management 7.0c7c These recommendations are effective for implementation retroactively to October 3, 1996. The second recommendation is to adjust District salary ranges (minimums, midpoints, and maximums) annually by the percentage increase in the Consumer Price Index. and integrate these adjustments into the budget process. Pay plans may continue to need adju;,jnc.nt resulting form Governing Board approved specialized market compensation studies. Market studies are supported by the Inspector General, who has recommended each pay plan be subjected to such a study on a bi- annual basis. The third and final recommendation for consideration is to eliminate middle management salary grades 75 and 76: combine the salary ranges for grades 77 and 78 resulting in grade MI: and further, to combine the salary ranges for grades 79 and 80 resulting in grade M2. These recommendations are made by the Management Compensation Focus Group. Motion by Mr. Hainmond to approve the recommendation for adjustments to Salary Structure. Motion approved. I 6 04 Governing Board Meeting December 12, 19% Page 6 3. Briefing on the 1997 Equal Opportunity Plan Deferred until the January Meeting. 4. Recommend renewing a contract with CIGNA Employee Benefits Companies for accidental death & dismemberment, medical, dental, and vision benefits coverages and fle)abie spending account administration for employees of the District. 5. Recommend renewing a contract with Florida Combined Life through Bluc Cross/Blue Shield of Florida for coverage for long term disability and basic, optional, spouse, and dependent life group insurances for employees of the District. These items were presented by Justin Ausanio, Benefits Manager, and werc considered together by the Committee. Committee members recommended approval to renew a contract with CIGNA Employee Benefits Companies for accidental death dismemberment. medical, dental, and vision benefits coverages and flexible spending account administration for employees of the District. In addition, the committee recommended ren -wing �. contract with Florida Combined Life through Blue CrossBluc Shield of Florida for coverage for long term disability and basic. optional. spouse, and dependent life group insurances for employees of the District for the period January 1. 1997 to December 31, 1997. Funds are budgeted for both contract. !lime act no changes in the plan designs. Motion by Mr. Reed to approve: a contract with CIGNA Employee Benefits Comparde:; for accidental death & dfonembermUzt, medical, dental, and vision beneMs overages and flexible spending account administration for employees of the District for the period January 1, 1997 to ,December 31, 1997 in the estimated P-- -nount of $8,708,075, of which $7,W),491 is the estimated Mstrict share NdUb the balance paid by employee premiums. Of the estimated Dkstrkt share, $5,310,368 Is budgeted In FY 97 with $1,770,123 subject to Governing Board approval of the F'1' 98 budget (Contract Number C- 5104 -A3). and: 16G 0-^v ing Board WON Decceirber 12, 191A Page 7 a contract with Florida Combined Life through Blue Cross/Blue Shield of Florida for coverage for long term disability and basic, optional, spouse, and dependent life group imurances for employees of the District for the period January 1, 1997 to December 31, 1997 in the estimated amount of $795,534, of which $380,670 is the estimated District share with the balance paid by employee premiums; of the estimated District share, $285,502 is budgeted in FY 97, with $95,168 subject to Governing Board approval of the FY 98 budget (Contract Number C- 5157 -A3). 4. Accept the Audit Committee report, including recommended actions. Mr. Pettis, Chairman, Audit Committee, said the committee did not meet due to lack of a quorum. The meeting was deferred to January 1997. MORNING CONSENT AGENDA A. Pull items for discussion. Ms. Singer pulled items 18, 20, and 21. Mr. Williamson pulled itcrn 36. 9. Motion to Approve fire Consent Agenda except for items pulled for discussion. (Iter►u ptelled will be considered bY the Board under the Discussion agenda) Motion by Mr. Williamson to approve the Consent Agenda, except for items 18, 20, 21, and 36. Motion approved. The following items were approved as part of the Morning Consent Agenda. BUDGET OFFICE 5. Approval of Budget Transfers. OFFICE OF COUNSEL 6. Authorize entering into an amendment to a contract with Edwards & Angell and the Law Office of Steve E. Bullock for legal services being provided under the existing contract to ex .end the contract up to an additional three years, with no increase in funding. (Contract Number C- 3367 -A6) 16G Governing Board M"bN December 12, 19% Page 8 MIAMI DADE REGIONAL SERVICE CENTER AadheAa _. appuFteflaaoes -i nt of Numbeff C - 835 ) BIG CYPRESS BASIN 9. Authorize entering into a contract with Greiner. Inc. for development of ecological assessment criteria and identification of target hydrologic parameters for use in th;- Bi= Cypress Basin Watershed Plan in the amount of $150,040 for which funds are budgeted. (Contract Number C -7700) 10. Authorize entering into a cost - sharing agreement with U. S. Department of Agriculture - Natural Resources Conservation Service for hydrologic and hydraulic dot., requirements and verification in the Southern Golden Gate Estates. a critical component of the Big Cypress Basin Watershed Plan in the unbudgeted amount of $125,COO and authorize a budget transfer in the same amount from Big Cypress B;isi Contingency Reserve to Interagency Expenditures - Federal. (Contract Number C -8702, 11. Authorize catering into a cooperative agreement with Southern States Utilities for the implementation of a reuse project to provide reclaimed water for irrigation to high demand customers and removing these high deiriand customers from the potable resource in the amount of $300,000.00 for which funds are budgeted. (Contract Number C -8814) I IA. Authorize the renewal for one year of a Cooperative Agreement with the Department of Environmental Protection (DEP) for continuing land acquisition in Southem Golden Gate Estates in the amount of $70,000 which is unbudgeted and will be subject to Bic Cypress Basin Board approval on a quarterly basis, and authorize a budget transfer of $17,500 for the first quarter from Big Cypress Basin, Managerial Reserve to Interagency Expenditures - State of Florida. (Contract Number C- 3133 -A5) 16G Cim*nN &mid W"bN December 12, 19% Page 9 BROWARD SERVICE CENTER 12. Authori2e entering into a cooperative agreement with the City of Miramar to provide financial assistance for the construction of a reclaimed water main which will comprise a dual distribution system in the amount of $300,000 and authorize a budget transfer of $300,000 from the Miami Dade Service Center to the Broward Service Center, for which funds are budgeted. (Contract Number C -8854) FLORIDA IC'EYS SERVICE CENTER 13. Authorize entering into a cooperative agreement with the Florida Keys Aqueduct Authority to pro,, ide financial assistance in support of the rehabilitation of the Stock Island reverse osmosis (RO) desalination plant as an alternative water supply service in the amount of $300,0(>n for which funds are budgeted. (Contract Number C- 8840) MART'DUST. LUCIE SERVICE CENTER 14. Authorize entering into a cooperative agreement with the Fort Fierce Utilities Authority (FTUA) to provide financial assistance in support of the implementation of the extension of a reclaimed water main system in the amount of $214,000, for which funds are budgeted. (Contract Number C -8865) i5. Authorize entering into a cooperative agreement with the Fort Pierce Utilities Authority (FPUA) to provide financial assistance in support of the implementation of an Aquifer Storage and Recovery (ASR) facility in the amount of $289,000, for which funds are budgeted. (Contract Number C -88661) FORT MYERS SERVICE CENTER 16. Authorize e;tering into a cooperative agreement with Lee County for the implementation of a flow diversion internal to the East Lee County Water Control District, increasing storage for aquifer recharge while decreasing flooding peak stages downstream in the amount of $285,000 for which funds are budgeted. (RFP C- 7793. Contract C -8813) ORLANDO SERVICE CEN'T'ER 17. Approval of the Significant Groundwater Recharge Map of Orange County, Florida. 16G C,ammirg Bwrd McOng DecenSer 12, 1996 Page 10 19. Authorize entering into a contract with Art Hall Protection Service Inc. for security services at the Everglades Nutrient Removal Project site for the period January 1. 1997 through December 31, 1997, with two (2) one -year automatic renewals at the option of the District, in the amount not to exceed $231,183, of which $55,000 is budgeted for FY1997 (9 months) with the remainder subject to Governing Board approval of Ff 1998 ($76,083), FY 1999 ($79,888), and FY2000 (3 months) ($20,212) budgets (Contract No. C- 8378). OFFICE OF ENTERPRISING ENGINEERING 22. Authorize entering into a contract with E.luitrac Corporation for Ungermann -Bass network equipment maintenance for the time period January 1, 1997 through December 31. 1999 in a dollar amount not to exceed $183,712 of which $55.502 i� budgeted for FY97 and the remaining $128,210 is subject to Governing Board approval of the FY98 and FY99 budgets. (Contract Number C -8353) CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 23. Approve staff recommendations for releases of District canal, mineral and road reservations, releases of T LI.T.F. canal reservations and issuances of non -use commitments. 24. Approve the partial release of canal reservations over portion of Tracts 60 and 61. Florida Fruit Lands Company's Subdivision No. 1, Plat Book 2, Page 17, Public Records of Dade. County, Florida; said lands situate in Section 3. Township 53 Scat :;` Range 40 East, Dade County, Florida, for Canal 6. (Miami Canal) - (SFWMD N :, RR96.12, 9 -96 -6) 25. Authorize a change order to a contract with Max South Construction, Inc.. for th. construction of the new Ft. Lauderdale Field Station, to provide additional architectural, civil, electrical, HVAC and mechanical work for the project, in the amount not to exceed $77,923 which is unbudgeted, and authorize a budget transfer from Construction Change Order funds to the Ft. Lauderdale Field Station Relocation. Project (C -6037) and authorize extending the contract by two hundred twenty (220) calendar days retroactive to June 8, 1996. (Contract Number C -6037, C.O. - #3 16G Governing Board Meebrrg December 12, 1996 Page 11 26. Authorize a change order to a contract with Branching Out, Inc. for the construction of the S -140 Repowering and Fuel Containment Modifications Project, to provide additional concrete, protective coatings and engine insulation for the project, in the amount of $4,387.00 for which funds are budgeted; and authorize extending the contract by forty -five (45) calendar days retroactive to September 15. 1996. (Contract C -7019, C.O. #0 27. Approve declaring surplus, a permanent right of access over certain lands containing 4.60 acres, more or less, in Palm Beach County, Hillsboro Canal (L -15) Project, and authorize entering into an Access Agreement for the conveyance of said right of access in favor of the Solid Waste Authority of Palm Beach County, and authorize the waiver of all fees and costs. OPERATIONS AND IMALNTENANCE DEPARTMENT 28. Authorize amending three separate work order contracts with the firms of Texas Aquatic Harvesting, Weedbusters, Inc., and Adirondack Harvesters, Inc. for mechanical harvesting services to increase contract funding in the total amount of 5400,000 for which funds are budgeted. (Contract Numbers C- 7550 -A2, C- 7558 -A2. C- 7559 -A1) 29. Execute Final Order adopting the Division of Administrative Hearings' Order relinquishing jurisdiction to the District based on the Notice of Voluntary Dismissal of the Petition filed by Solar Outdoor Lighting, Inc., and authorize entering into a contract with Solar Electric Powcr Company, Inc. for installation of twenty photovoltaic (solar) lighting systems at selected pump stations in an amount not to exceed $60,000 for which funds are budgeted. (Contract Number C -7586) 30. Authorize amending a contract with Florida Energy Office for Solar Lighting Systems to extend the contract for 180 days at no additional contract cost. (Contract Number C- 7567 -A1) PLANNING DEPARTMENT 31. Authorize amending a cooperative agreement with Florida International University to complete monitoring of impacts to mangrove wetlands of new freshwater flows from the L -31E bOITOw canal in the amount of $325,000, of which $100,000 is budgeted and the remaining $225,000 is subject to Governing Board approval of the FY98 budget; and to extend the agreement for two years to complete monitoring impacts. (Contract Number C- 4245 -A2) 16G Goveming Board Meebng Decemt`er 12, 1996 Page 12 32, Authorize amending a contract with Aqua Terra Consultants to modify the Hydrologic Simulation Package - Fortran (HSPF) software model to simulate South Florida irrigation practices in the amount of $55,000, authorize a budget transfer of $55,00(1 from Hydrologic: Systems Modeling - Modeling/Other Technical Services. HFPS Modeling to Planning Department, Lower West Coast/Special Projects Professional Fee and Services; and retroactively extend the term of the contract from November 10. 1996 to October 15, 1997. (Contract Number C- 5365 -A3) 33. Authorize amending a cooperative agreement with Florida Department of Environmental Protection to complete the Biscayne Bay GIS database as part of the Biscayne Bay SWIM program to extend the term of the contract for seven months. from January 31. 1997 to August 31, 1997. at no additional contract cost. (Contract Number C- 6767 -A2) 34. Authorize amending a cooperative agreement with St. Lucie County and the North St Lucie River `A'ater Control District for design and construction of a stricture and stormwater treatment area to retroactively extend the term of the contract fifteen months from September 30, 1996 through December 31, 1997, and to revise the schedule of payments and deliverables at no additional contract cost. (Contract Number C-5247-AI) ECOSYSTEM RESTORATIOi`' DEPARTMENT 35. Authorize entering into a contract with Soil and Water Engineering Technology, Inc.. for updating and verifying the Lake Okeechobee Agricultural Decision Support Systen, (LOADSS) in the amount of $113,000, of which $98,340 is budgeted. and the remaining $14,660 is subject to Governing Board approval of the FY98 budget; and authorize a budget transfer in the amount of $20,000 from the Planning Department. Interagency Expenditures - Public Universities to the Ecosystem Restoration Department, Modeling/Other Technical Services. (Contract Number C -761 1) REGULATION DEPARTMENT 37. Authorize Rule Development to Amend Chapters 40E -61 and 40E -63, F.A.C. to address comments from the Joint Administrative Procedures Committee. (Docket Number 97 -3) End of Morning Consent Agenda 16G cgNerr�ng Board tong December 12, 1996 Page 13 MORN ING DISCUSSION AGENDA DISCUSSION OF ANY ITEMS PULLED FROM MORNING CONSENT AGENDA 18. Authorize the designation of the Department Director, Water Resources Evaluation and the Department Director, Ecosystem Restoration to be included in the Florida Retirement System Senior Management Service Class. Nis. Singer said she supports this item. Motion by Nits. Singer to authorize the designation of the Department Director, Water Resources Evaluation and the Department Director, Ecosystem Restoration to be included in the Florida Retirement System Senior Management Service Class, as provided by S.121.055, Florida Statute. Motion approved. 20. Authorize entering into a contract with Blasland, Bouck & Lee, Inc. for remote data collection. Ms. Singer said she does not support approval of this item, She noted that the contract is large and the work is not highly specialized. Ms. Singer said a minority firm responded to the District's bequest for Proposals and should have been given more consideration by the selection panel for this contract. " r. Trevor Campbell, Director, Office of Enterprise Engineering, said the firm selected by the panel meets District Minority and Women Business Ert.crprise (MlWBE) participation criteria. Board rne.mbers suggested that the District seek to ensure that selection panels attain a balance of diversity in the future. Mr. Hammond said such panels should also include a representative of the Service Center in whose area the contract work is being done. Motion by Mr. Harrunond to authorize entering into a contract with Blasland, Bouck & Lee, Inc for remote data collection in the amount of $155,580 of which $39,280 it budgeted for FY97 with the remainder subject to Governing Board approval of the FY98 ($58,200) and FY99 ($58,2x0) budgets. Motion approved. Aye - Chairman Boyd, Mr. Williamson, Mr. Machek, Mr. Revd, Ms. Kraut, Mr. Pettis, Mr. Graham, Mr. Hammond. Nay - Ms. Singer. 16G Governing Board Meeting December 12, 1996 Page 14 21. Authorize entering into a contract with Bay Networks, Inc. for Bay Networks equipment maintenance. Ms. Singer said this contract represents a successful effort by the District to implement its Minority and Women Business Enterprise effort. She said staff succeeded in removing barriers to a minority firm seeking to do business with the District. Mr. Trevor Campbell, Director, Office of Enterprise Engineering, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Ms. Singer to authorize entering into a contract with Bay Networks, Inc. for Bay Networks equipment maintenance for the time period January 1,1997 through December 31, 1999 in a dollar amount not to exceed $228,726 of which $50,242 is budgeted for FY97 and the remaining $178,434 is subject to Governing Board approval of the FY98 and F`Y99 budgets. (UP #C- 11353, Contract Number C- 8357). Motion approved. 36. Authorize sYnending Phase 1 of a contract with Brown & Caldwell for professional services associated with the detailed design of STA -2 treatment works and WCA -2A hydropattern restoration. Mr. Williamson staid he supports approval of this item, but noted the need to determine a method to control chang^ orders that accelerate the cost of such projects. Mr. Miller Andress, Du-ector, Everglades Construction Project, said staff reviews such items consistently to assure that there is adequate cost containment. Motion by Mr. Williamson to authorize runending Phase I of a contract with Brown & Caldwell for professional services associated with the detailed design of STA -2 treatment works and WCA -2A hyd: opattern restoration to expand the scope to include the field Investigation and design of proposed new structure 6-340 at the 11111sboro Canal, the design of discharge flexibill7t into Seepage Pumping Station G -337 and incorporation of the package into the Inflow works contract of STA -2, and the inflow works reconfiguration modeling, alternative selection and design in the budgeted amount of $248,500; and authorize a budget substitution in the same amount from the Project Construction Division, Professional Fees (CCNA) - Construction Projects [ECP -02) to Professional Fees (CCNA) - Construction Projects. [ECP -03] (CCNA, Contract Number C- E201 -A2). Motion approved. 16G CGove6ng Board Meebng Decerr&r 12, 1996 Page 15 PZJBI.IC HEARING at 9:30 A.M. Chairman Boyd opened the public hearing. CONSTRUCTION AND LAND MANAGEMENT 46. Approve a lR.eviscd Application for Federal Assistance and Revised Grant Agreement for the acquisition of 2,300 acres, more or less, in Broward, Dade and Palm Beach Counties, East Coast Buffer Strip. Ms. T. Joan Lawrence, Assistant General Counsel, Office of Counsel, presented information on this item. A copy of the material used in her presentation is included in the official record of this meeting. Mr. William Leary, Counsel for the Assistant Secretary for Parks, U. S. Department of the Interior, said tilts grant application fulfils the commitment made by the Secretary of the Interior that the will of the people of Florida would be followed in expending these funds. He said the Depast-nent of the Interior urges adoption of this item. Motion by Ms. Singer to approve a Revised Application for Federal Assistance and Revised Grant Agreement for the acquisition of 2,300 acres, more or less, in Broward, Dade and Palm Beach Counties, East Coast Buffer Strip, State of Florida Everglades Restoration Project, S<Alid Waste Authority, Chambers Estate, Country Lakes, L.P. and PBRC, Inc-, property owners, and authorize the Executive Director, or his designee, to execute the application and Grant Agreement. Motion approved. 38. Consideration of temporary closure of Save Our Rivers Management Areas in the Ki&-.immee Chain of Lakes and Upper Lakes Basin projects due to public safety and natural resources protection concerns, as provided by District Rule 40E- 7.523. This item was dcictcd. 39. Approve resoiudon advising the Department of Environmental Protection of the Save Our Rivers Program, Construction and Land Management Department, adopted 'budget needs for FY97 utilizing funds in the amount of $4,437,346 from the Water Management Lands Trust Fund and authorize the Executive Director, or his designee, to request retimbursement on a quarterly basis based on actual expenditures for land management, maintenance and capital improvement activities. 16G Gov 6ng Board Meeting December 12, 1996 Page 16 Mr. Fred Davis, Director - Land Stewardship Division , Construction and Land Management, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Nis. Singer to approve resolution advising the Department of Environmental Protection of the Save Our Rivers Program, Construction and Land Management Department, adopted budget needs for FY97 utilizing funds in the amount of $4,437,346 from the Water Management Lands Trust Fund and authorize the Executive Director, or his designee, to request reimbursement on a quarterly basis based on actual expenditures for land management, maintenance and capital improvement activities. Motion approved. 40. Authorize a resolution advising the Department of Environmental protection of the Save Our Rivers Land Acquisition Program adopted budget needs for FY97. Mr. Charles R. Rinaldi, Deputy Director; Land - Construction & Land Management Deparment, presented information on this item. A copy of the material used in his presentation: is included in the official record of this meeting. Motion by Ms. Singer to authorize a resolution advising the Department of EnOronmental protection of the Save Our Rivers Land Acquisition Program adopted budget needs for FY97, utilizing up to five percent of the District's allocation from the Water Management Lands Trust Fund for pre - acquisition costs associated wide preliminary and preparatory activities as necessary for the District to pursue acquisition of the fee or other legal interest in lands pursuant to the Save Our Rivers Program and authorize the Executive Director, or his designee:, to request reimbursement on a quarterly basis based on actual expenditures for pre - acquisition activities. Motion approved. 41. Discussion of funding outlook for land acquisition. Mr. William F. Malone, Director - Construction & Land Management Department. presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Malone said projected revenues will leave the District with a deficit in it's land acquisition effort He said it should be recognized that the District does not have an unending source of funds. Mr. Graham asked that staff schedule a discussion of this issue at the January 1997 Board Retreat. 1bG Gowming Board Meeting December 12, 1996 Page 17 42. Approve amendments to the 1997 Save Our Rivers Five Year Plan Mr. Fred Davis, Director - Land Stewardship Division, Construction and Land Management Department, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Davis said staff recommends that the Board add the Ten Mile Creek area to its acquisition plan. Motion by Mr. Hammond to approve amending the 1997 Save Our Rivers Five Year Plan to add the new Ten Mile Creek project. Motion approved. Mr. Davis said staff recommends that the Board add the Chandler Slough area to its acquisition plan. Mr. J.C. Bass, D. Cross Ranch. Bass Ranch, One Nine Cattle Company. and Four K Ranch, said this acquisition runs along the property line of the ranches he represents. He requested that the four ranches br removed from the acquisition area. Mr. Malone said such a r °quest would not cause a problem. Motion by lair. Graham to approve accept the amended 1997 Save Our Rivers Five Year Plan with the exception of the property owned by D. Cross Ranch, Bass Ranch, One Nine Cattle Company, and Four K Ranch. Motion approved. 43. Approve the purchase of land interests containing 1,107.1 acres, more or less, in Polk County, Upper lakes Basin Watershed Project. Mr. Charles R. Rinaldi, Deputy Director; Land - Construction & Land Management Department, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr. Graham to approve the purchase of land interests containing 1,107.1 acres, more or less, in Polk County, sipper Lakes Basin Watershed Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for these expenditures and associated costs. Motion approved. 44. Approve the purchase of land interests containing 31.99 acres, more or less, in Polk County, Kissimmee Chain of Lakes Project. Mr. Rinaldi presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. 16G Governing Boar- Meeting December 12, 1996 Page 18 Motion by Ms. Singer to approve the purchase of land interests containing 31.99 acres. more or less, in Palk County, Kissimmee Chain of Lakes Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for these acquisitions and associated costs. Motion approved. 45. Authorize the Executive Director, or his designee, to request the U.S. Army Corps of Engineers to file eminent domain proceedings in Federal District Court for the acquisition of certain tracts within Tiger Lake - KCOL. Mr. Rinaldi presented information on this item. A copy of the material used in hi" presentation is included in the official record of this meeting. Motion by Nlr. Reed to authorize the Executive Director, or his designee, to request the U.S. Army Corps of Engineers to file eminent domain proceedings in Federal District Court for the acquisition of certain tracts within Tiger Lake - KCOL, containing 199.12 acres, more or less, as identified in Exhibit "B ", located in Polk County, Florida. Kissimmee River Headwaters Revitalization Project. Motion approved. 47. Approve the purchase of land interests containing 142.63 acres, more or le-,,, in Broward County, East Coast Buffer Project. Mr. Rinaldi presented information on this item. A copy of the material used in presentation is included in the official record of this meeting. Motion by Mr. Reed to approve the purchase of land interests containing 142.63 acres. more or less, in Broward County, East Coast Buffer Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for thec.e acquisitions and associated costs. Motion approved. 48. Approve the purchase of lard interests containing 17.30 acres, more or less, in Broward County, East Coast Buffer Project. Mr. Rinaldi presented information on this item. A copy of the material used in hiS, presentation is included in the official record of this meeting. Motion by Mr. Williamson to approve the purchase of land interests containing 17.41 acres, more or less, in Broward County, East Coast Buffer Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for these acquisitions and associated costs. Motion approved. 49. Approve the purchase of land interests containing 18.33 acres, more or less, in Broward County, East Coast Buffer Project, 16G Goverring Board Weong Deceit -,er 12, 19% Page 19 Mr. Rinaldi presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr. Hammond to approve the purchase of land interests containing 18.33 acres, more or less, in Broward County, East Coast Buffer Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Motion approved. 50. Approve the purchase of land interests containing 19.17 acres, more or less, in Broward County, East Coast Buffer Project. Mr. Rinaldi presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr. Reed to approve the purchase of land interests containing 19.17 acres, more or less, in Broward County, East Coast Buffer Project, and authorize a Resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and assodated cats. Motion approved. 51. Approve the purchase of land interests containing 15.18 acres, more or less, in Dade County, Southern Glades (C -111) Project, Mr. Rinaldi presented information on this item. A copy of the. material used in his presentation is included in the official record of this meeting. Motion by Ms. Shiger to approve the purchase of land intents containing 15.18 acres, raore or Iess, 1n Dade Comity, Southern Glades (C -111) Project, and authorize a Resolution to the llepartment of Environmental Protection requesting reimbursement for this acquisition and wwAat:d costs. Motion approved. 52. Authorize an amendment to the Agreement with Mark Collins, as personal representative of the Fctate of Robert W. Chambers, deceased, and as personal representative of the Estate of Arlene Chambers, deceased, for the purchase of land interests containing 107.015 acres, more or less, in Broward County, East Coast Buffer Project. Mr. Rinaldi presented information on this item. A copy of the material used in his presentation is included in tho! official record of this meeting. 16G Governing Board Meeting December 12, 19% Page 20 Authorize an amendment to the Agreement with Mark Collins, as personal representative of the Estate of Robert W. Chambers, deceased, and as personal representative of the Estate of Arlene Chambers, deceased, for the purchase of land interests containing 107.015 acres, more or less, in Broward County, East Coast Buffer Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. 53. Approve amendment to Agreement with Warren B. Wiltshire, Jr., as Trustee, ADLU, Inc., and LUAD, Inc., to purchase land interests, containing 632.64 acre-, . more or less, located in Lee County, Stairstep Project. Mr. Rinaldi presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr. Graham to approve amendment to Agreement with Warren B. Wiltshire. Jr., as Trustee, ADLU, Inc., and LUAD, Inc., to purchase land interests, containing 632.64 acres, nwre or less, locat_e<i in Lee County, Stairstep Project and approve the reservation by the seiiers of the right to graze cattle on said lands imd approve the assignment of said reservation to the existing tenant, Bryan Huddleston, for a period of one year »iter the date of closing. Motion approved. 54. Approve the Amendment to the Agreement for Sale and Purchase for the Kissimmee Prairie property with the Latt Maxey Corporation. Mr. Malone presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr. Graham to approve the Amendment to the Agreement for Sale and Pu rrchase for the Kissimmee prairie property with the Latt Maxey Corporation, dated April 10, 1996 regarding environmental cleanup. Motion approved. 55. Approve Agreement for management of lands in STA -5 and authorize the Executive Iiirector, cr his designee, to execute the Agreement, This item was deleted. 56. Purchase of land interests in Hendry County, Everglades Construction Project (STA -5). A. Approve the purchase of land interests (fee title) containing 3,907 acres. more or less. 16G Governing Board h4eebng December 12, 1996 Page 21 B. Approve the purchase of land interests (leasehold interest) containing 3,897.12 acres, more or less. C. Approve Agreement for management of lands in STA -5. Mr. Malone presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr. WitHasn.son to approve the Purchase of land interests in Hendry County, Everglades Construction Project (STA -5). A. Approve the purchase of land interests (fee title) containing 3,907 acres, more or less. B. Approve the purchase of land interests (leasehold interest) containing 3,897.12 acres, more or less. C. Approve Agreement for management of lands in STA -5 and authorize the Executive Director, or his designee, to execute the Agreement. Motion approved. 57. Approve the purchase of land interests containing 387.88 acres, more or less, in Okeechobee County, Pool D, Kissimmee River Restoration Project. Mr. Malone presented info►;nation on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Ms. Singer to approve the purchase of land interests containing 387.88 acres. more or less, in Okeechobee County, Pool D, Kissimmee River Restoration Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for these acquisitions and associated costs. Motion approved. 58. Approve the purchase of land interests containing 1,428.62 acres, more or less, location in Osceola and Polk Counties, Kissimmee Chain of Lakes Project, and authorize a resolution to the Department of Environmental Protection requesting reimbw- sement for this acquisition and associated costs. This item was delctend. 59. Consider acquisition of SOR lands. Update on Solid Waste Authority Site 1 Acquisition. Mr. Malone presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. 16G Gcve6rg Board Meebng Decerrher 12, 19% Page 22 59A. Approve and adopt a resolution authorizing eminent domain proceedings for the acquisition of certain lands in Hendry County, Everglades Construction Project. Mr. Malone presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr. Reed to approve and adopt a resolution authorizing eminent domain proceedings for the acquisition of certain lands in Hendry County, Everglades Construction Project (STA -b). Motion approved. 59B. Approve the Amendment to the Agreement for Sale and Purchase for Multi-Turf Farm 1, dated September 9, 1993, regarding the Escrow for Environmental Assessment and Remediation costs. Mr. Malone presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr. Reed to approve, contingent upon receiving a signed copy of the agreement from the landowner, the Amendment to the Agreement for Sale and Purchase for Multi-'Turf Farm 1, dated September 9, 1-993, regarding the Escrow for Environmental Assessment and Remediation costs and authorize the Executive Director to execute Agreement 4ith DEP to complete emironmental cleanup of the property and authorize the Executive Director to execute all applications and documents necessary to apply for matching cleanup funds from the State of Florida. Motion approved. End of Public Hearing Chairman Beyd closed the public hearing. PUBLIC COMMENT Ms. Barbara Susco, a property rights advocate, urged the Board to use private realtors to acquire lands, rather than The Nature Conservancy. She also raised concern about the environmental agenda as promoted by the National Audubon Society. Ms. Nanciann Regalado, The Audubon Society, offered to present information about her organization and its visionary process to the Board. 16G Governing Board Webng December 12, 1996 Page 23 BOARD COMMENT Chairman Boyd said she was unable to attend a recent meeting of the Governor's Commission for a Sustainable South Florida and has asked staff to provide a memo on the issues that were discussed at the meeting. ,vis Singer asked for an update on the reimbursement from the federal government on the Frog Pond acquisition. Ms. Singer said she is working with Ms. Krant and Mr. Pettis to address issues raised by the Hispanic community in Broward County. She said those issues should be addressed by the District. 60. Oh1BUDSMA.N'S REPORT Mr. Richard E. Williams, District Ombudsman, presented the report. A copy of the material used in his presentation is included in the official record of this meeting. FORT MYERS SERVICE CENTER 61. Presentation of Prioritized Issues from Sotobwest Focus Group Mr. Chip Merriam, Director, Ft. Myers Service Center, presented information on this item. A copy of the material used in his presentation is included in the official record of this roecting. Mr. Memam showed slides of the 1955 flood event on the West Coast and noted that the area is still dealing with the results of the heavy rainfall. He asked that the Board consider adopting natural systems as Works of the District to prevent channelization of area rivers and water bodies by local governments as a method of flood control. Mr. Hammond said this would be a new concept for the District. He asked that this issue be brought to the Board for consideration in February 1997. Mr. Brian Hunt, Florida Biodiversity Project, commended staff for the presentation. He said in order for the plan to work, it must be consistent with the scale of the problem to achieve project integrity. Board Members agreed to consider item. 71, and then item 74, at this time. 16G Goveming Hoard M4eeling December 12, 1996 Page 24 71. Recommendation for public education programs funded from the sale of surplus District items. Ms. Kathy Copeland, Director, Government and Public Affairs Office, presented information on this itern. A copy of the material used in her presentation is included in the official record of this meeting. Ms. Copeland said staff recommends that the District spend $110,000 in surplus funds for water resource education. She said $20,000 of that would be dedicated to a video presentation "About the District ", which would be produced in English and Spanish. Ms. Copeland said another $10,000 would be spent to produce a Stormwater Manual. and the remaining $80,000 would be used for African- American outreach. Motion by Mr. Pettis to approve's staffs recommendation. Motion approved. 74. Update on Proposed Policy, for Air Rights Leasing Mr. Joe Sch:veigart, Director, Operations and Maintenance Department, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Schweigart said the District held two public workshops to gather input on this issue. He said the public sentiment expressed was that there is neither a need for, nor public benefit derived from, leasing District air rights. He said the general consensus is that the District's policy should state that there will be no leasing of District air rights for commerci; i use. Mr. Al Malefatto, representing Kendall Tovoti, the firm requesting air rights leasin,.: from the District, said staffs position has been that no further action is needed on the District's air rights policy. lie said his client recognizes that there are local concerns to be overcome. Mr. Malefatto said he has no objection to staff's response, with the understanding that Kendall Toyota can come back with its request, if it can overcome local opposition. Mr. M31efatto said the District's policy is restrictive. Ms. Lynn Young, representing Pinecrest residents, said people in her area are concerned about the concept of air rights leasing, especially by Kendall Toyota. She said residents do not support adoption of any policy on air rights leasing. Mr. Calvin Whealton, Pinecrest West Homeowners Association, said no public good would be served by the leasing of District air rights. 16G Governing board Meeting Dswr w 12, 1996 Page 25 Mr. Malefatto said his client recognizes that the concerns of local citizens will have to be addressed. He said the real issue is the leasing of air rights, which is not a new issue and can be done in the public interest. Mr. Pettis said the leasing of District air rights flies in the face of staffs attempts to prepare for hurricane events by maintaining enough right of way along District canals to allow for debris removal. He said be is completely opposed to the concept of air rights leasing. Motion by Mr. Hammond to accept staff's recommendation that no policy for air rights leasing be pursued further. Chairman Boyd said the Board has given staff direction that no policy should be developed to address this issue. She said a motion is not necessary. Board Members agreed. Motion withdrawn by Mr. Hammond. MARTINIST. LUCIE SERVI::E CENTER 62, Approve Resolution which pledges District support for the new Indian River Lagoon Blueway Conservation and Recreation Lands project application. Mr. ► aul Millar, Dirccter, MartirdSt. Lucie Service Center, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr. llarnmond to approve Resolution which pledges District support for the new Indian Fiver Lagoon Blueway Conservation and Recreation Lands project application. Motion approved.. ECOSYSTEM RESTORATION DEPARTMENT 63. Authorize amending a cooperative agreement with Everglades National Park (ENP) to fund four additional years of a Flume Dosing Program. Dr. Tom Fontaine, Director, Everglades Systems Research Division, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. 16G C;o++ nng Board Weang December 12, 19% Page 26 Motion by Mr. Williamson to authorize amending a cooperative a; with Everglades National Park (ENP) to fund four additional years of a Flume Dom Program, originally to be funded through DEP (Contract Number C4E7GW . b detennine no- imbalance phosphorus threshold cxoncwUi>t ous for dw shark Riser Slough Everglades wetlands, in the amount of $1,000,000 of wb ch $25** M is budgeoed In FY97, and the remaining $750,000 is subject to Governing Board approval of doe FY98, FY99, and FYOC budgets. (RAM -6] (Contract Number C- E"15 -A4 Motion approved. PLANNING DEPARTMENT 64. Accept the District Water Management Plan Annual Report for 19%. Mr. Frank Duke, Senior Supervising Planner, Planning Department, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Ms. Singer to accept the District Water Management Plan Annual Report for 1996 and authorize its transmittal to the Department of Environmental Protection. Motion approved. 65. Reconsider Broward County Land Use Amendment Proposal No. PC 96 -10; and withdraw previously raised objections, provided certain conditions are made binding on the amendment. This item •vas deleted. REGULATION DEPARTMENT 60. Authorize Initiation of Rulernaking and Approve the Publication Draft of Rule Amendments to Chapters 40E -2, 40E -20, and 40E -23, F.A.C. Mr. Wflliam Scott. Bums, Director, Water Use Division, presented information on thi. itein. A copy of :heyc maL.lial used in his presentation is included in the official record of thi. mteting. Motion by Ms. Singer to authorize Initiation of Rulemaldng and Approve the Publication Draft of Rabe Amendments to Chapters 40E -2, 40E -20, and 40E -23, F.A.C., and the Basis of Review for Water Use Permit Applications Pertaining to Basin Expiration Dates for Individual Irrigation Use Class Water Use Permits and the Exkmdors of these Expiration Dates for Permits Located Within the Upper East Coact and the Kissimmee Water Use Basins. (Docket Number 97 -2). Motion approved. 16G December 12,19% Page 27 OFFICE OF COUNSEL 67. Authorize a settlement agreement of an inverse condemnation action involving land within the designated boundaries of Stormwater Treatment Area lE ( "STA I E " ) styled BuS—b e, Wilkins &Sealy, Inc. v Saath Florida Water Mananement District. Ms. Ruth Clements, Sr. Attorney, Office of Counsel, said this item, and item 67, involve willing sellers. Motion by Mr. Williamson to authorize a settlement agreement of an inverse condemnation action involving land within the designated boundaries of Stormwater Treatment Area lE ( "STA lE ") styled Busbee, Wilkins & Sealy, Inc. v. South Florida Water Management Disfa is in the 15th Circuit Court for Palm Beach County, Florida, Case No. CL 95- 851: -AN and approve and adopt a Resolution authorizing eminent domain proceedings for the acquisition of certain lands owned by Busbee, Wilkins & Sealy, Inc, cont.ahing 826 acres, more or less, in Palm Beach County. Motion approved. 68. Authorize a aettkrnerA agreement of an inverse condemnation action involving land widdii the Ernst Coast Buffer Project designated boundaries styled Alberto Tamsvo Sr et sl_. 1. South Florida Water Marrmment District. Ms Ruth C'lcmm . Sr. Attorney. Office of Counsel• presented information on this item A =9y of the material used in ber presentation is included in the official record of this muting. Slotion by Mr. Ws'lhaunon to audwrine a settlement agreement of an inverse cg0deanttttion action i- -evolving huW within the East Coast Buffer Project designated boundaries std Alberta Tanulo Sr .& ar v South Florida Water Management metric, in the 111b Ci rctdt Court for Dade County, k"lorida, Carle No. CL 94-21308-CA. 15 and approve awl edopt a Resolution authorizing eminent domain proceedings for the ecquWdon of eerWu tandas owned by Alberto Tamayo Sr., et al., containing 151.67 acres, more or less, in Dade County, East Coast Buffer Project and authorize a Resoiudw to the Departmoint of Environmental Protection and an application for (Federal Assistance and Grant Agreement to the Department of Interior, Fish and Wildlife Service requesting reimbursement for this acquisition and associated costs and authorize the Executive Director, or his designee, to execute the application and Grant Agreement for federal reirr.ibursement. Motion ripproved. REPORT FROM THE EXECUTIVE DIRECTOR 69. Water Management Highlights 16G Governing Board Meeting December 12, 19% Page 28 Mr. Poole presented the highlights. A copy of the material used in his presentation is included in the official record of this meeting. 70. Governing Board Follow -up Items Mr. Poole said this item has been distributed to Governing Board Members. 72. Update on Everglades Litigation Ms. Barbara Markham, General Counsel, presented the update. She said two of the three counts brought by the Indian Trails Water Control District against the District have been dismissed. 73. Update on Everglades Construction Project Mr. Miller Andress, Director, Everglades Construction Proiect Staff, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. End of Morning Discussion Agenda AFTERNOON AGENDA APPROVAL; 2:00 P.M. A. Adclidons, Deletions, Substitutions Terrie Bates, Dircc:tor, Rcgula6on Department. noted the following changes handed ou, as additional backup to Item 76 of the Afternoon Consent Agenda: PERMIT APPLICATIONS Surface Water Management Quail West Phases I, 11, and III (page 4, paragraph 3): Postponed to January 16 Board Section 28 (page 9, paragraph 3): Approval subject to no objections by December 26 16G Ga,& ryng Board µeeting pecerr&r 12, 1996 Page 29 Saltponds Condominiums (page 13, paragraph )): Primary issues resolved changed to wetland impacts, wetland mitigation; approval subject to no objections by December 26 ITWC'D M -1 Basin Impoundment Plan (page 20, paragraph 6): Approval subject to no objections by December 24 Water Use Section 28 (page 10, paragraph 4): Approval subject to no objections by December 26 Environmental Resource CJ'LC Subdivision (page 6, paragraph 1): Addendum to revise staff report and special condition 12 and add special condition 13, approval subject to no objections by December 26 Nyurka Estates (page 6, paragraph 2): Approval subject to no objections by December 26 Peeples Ranch (page: 8, paragraph 2): Addendum to revise staff report and add special condition 14, approval subject to no objections by December 26 Abacoa West (page 19, paragraph 3): Postponed to January 16 Board Bowman and Sons (page 20, paragraph 4): Permit type changed to surface water management modification, acres wetlands impacted changed to .00; approval subject to no objections by December 26 SWM Extensions Red Bash and Snake Pens (page 27, paragraph 1): Postponed to January 16 Board 101 Ranch Citrus (page 29, paragraph 1): Postponed to January 16 Board Consent Agreements Wild Palms Development, Inc. and Site Masters Trucking (page 30, paragraph 2): Posq)oned 16G Given ing SoaM WW�earq December 12, 1996 Page 30 City of Orlando (page 30, paragraph 3): Postponed :bnsent Agreement Amendment Mike Bast and John Robinson (page 31, paragraph 1): Postponed Conservation Easement Disney Wilderness Preserve (page 32, paragraph 1): Postponed B. Abstentions Mr. Machek abstained on item 76, an Environmental Resource Permit Application for Bowman and Sons. Inc (page 20, paragraph 4). C. Phil items for Discussion No items werc pulled. I). Motion to Approve Afternoon Consent Agenda Motion by Ms. Singer to approve the Afternoon Consent Agenda. Motion approved. I he follox'ing items .vere approvee as part of the Afternoon Consent Agendu. AFTERNOON CONSENT AGENDA: REGULATORY MATTERS 75. Consideration of Consent Agenda for Governing Board approval which includes C:onstraction arml Land Management items: Emer-ency Authorizations Right of Way Occupancy Permit Applications Right of Way Occupancy Permit Modifications Denials 76. Consideration of Consent Agenda for Governing Board approval which includes Regulatory items: Water Use Permit Applications Surface Water Management Permit Applications (including Conservation Easements, Environmental Resource Permit Applications (including Conservation Easements) SWIM Works of the District Permit Applications Denials 16G Govemfrg Board Meebrg peant*r 12, 1956 Page 31 Surface Water Management Permit Extensions Consent Agreements Consent Agreement Amendments Conservation Easement Seminole Tribe Work Plan Amendment End of Afternoon Consent Agenda AFTERNOON DISCUSSION AGENDA: REGULATORY MATTERS CONDITIONAL 20 -YE,AR DURATION LNDIVIDUAL WATER USE Permit 77. Consider a request by Collier County for the issuance of a Conditional 20 -Year Duration Individual Water Use Permit for Collier County Utilities, Collier County Mr. William Scott Burns, Director, Water Use Division, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Burns said staff recommends approval. Motion by Mr. Graham to approve a request by Collier County for the issuance of a Conditional 20 -Year Duration Individual Water Use Permit for Collier County Utilities, Collier County. Motion approved. MITIGATION PLAT` 78. Consider the mitigation plan, pursuant to Chapter 373.4137, F.S., intended to offset wetland impacts incurred by the Florida Department of Transportation through fiscal years 1997, 1998 and 1999 Mr. Robert Robbins, Director, Natural Resource Management Division, Regulation Department, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Robbins said staff recommends approval and requests authorization to transmit the mitigation plan to the Department of Environmental Protection for review. 16G Governing Board Meeting pecrnber 12, 19% Page 32 Motion by Mr. Graham to approve the mitigation plan, pursuant to Chapter 373.4137, F.S., intended to offset wetland impacts incun-ed by the Florida Department of Transportation through fiscal years 1997, 1998 and 1999, and to authorize staff to transmit the plan to the Department of Environmental Protection for review. Motion approved. ENVIRONMENTAL RESOURCE PERMIT 79. Consider a request for the issuance of a Environmental Resource Permit Modification for `Jan Ness Ranch, Palm Beach County Mr. Damon Nleiers, Supervising Professional, Surface Water Management Division. Regulation Department, presented information on this item. A copy of the material used in his presentation is included in th:° official record of this meeting. Mr. Meiers said staff recommends approval for an application of an Environmental Resource Permit to modify an existing surface water management system to convert 293 acre, from pasture to sugar cane which will discharge to the adjacent USSC's Boy Farm. The remaining 76 acres of pasture land will continue to discharge to the L -8 canal. Motion by Mr. Graham to approve a request for the issuance of a Environmental Resource Permit Modification for Van Ness Ranch, Palm Bench County. Motiotr approved. ENVIRONMENTAL, RESOURCE PEP.MIT 80. A. Consider the Administrative Law Judge's Recommended Order of Dismissal, and the Excoptions filed thereto, in Durando and Audubon Society of the Everglades v. G. L. ;Iotnes of Boca Raton III Corporation (DOAH Case 96-4185) Chairman Boyd noted that this item requires that the Board hear no new facts in the case, and consider only the recommended order. Ms. Barbara Markham, General Counsel, said she will represent the Board for this item. She said the District did not take an advocacy position in this case, and therefore. needs no attorney to speak for it. Mr. Richard Grosso, representing Ms. Rosa Durando, said the issue of the case is the matter of law and of policy. He said the petition was filed by his client and was dismissed by the Administrative Law Judge on the grounds that it was filed too late. He said the judge's recommendation was in error, that the law allows a case to be heard if the case IN important, even if a tcchni;cal error was made. 16G Governing Board Meeting Deceriber 12, 199E Page 33 Mr. Grosso said justice requires that the Board not dismiss the petition. Ms. Durando said she felt that she mislead of thc staff, although not intentionally so. when staff asked last month to delay consideration Ms. Mary Smallwood, representing G.L. Homes, said the Board is bound by the not been findings of fact of the Administrative if the Board dots She ot facts the project would challenged. Ms. Smallwood said suffer significant delay. Ms. Markham said there is nothing in the findings of fact that support Ms. Durando's claim that she was mislead by staff. Motion by Mr. Graham to accept the Administrative Law Judge's Recommended Order of Dismissal, and the Exceptions riled thereto, in Durando and Audubon Society of the Everglades v. G. L. flomes of Iiocq Raton Iii Corporadon (DOAH Case 96- 4185). Mr. llammond and Mr. williamson said they felt constrained by the law in this case. :Nis. Krant said she supports Ms. Durando and will not vote to approve dismissing the petition. Motion approved. Aye, - Chairman Boyd, Mr. Williamson, Mr. Machek, NIs. Singer, Mr. Hammond, Mr. Graham. Nay - Ms. Krsant. Absent - Mr. Pettis, Mr. Reed. gp. B. Conside. to request by Capella Enterprises/G. L. Ho of Boca Ra on III Corporation for the issuance of a conceptual approval Resource Penr<it for Capella, Palm Beach County Mr. Dan Cary, Director, Planning Department, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Cary said the boundary of the area in question is too small for in in the Everglades Preserve Arta, and its purchase by the District for use as a wetland area would be extremely expensive. He said he does not recommend that the area be acquired for use by the District. Mr. Hammond said this contradicts the policy that the District is trying to implement to establish a water preserve area. 16G Governing Board Webng Decerr►ber 12, 19% Page 34 Mr. Ken Ammon, Deputy Director, Regulation Department, presented information on the conditions of the permit. He said the project meets all Environmental Resource Permit requirements and is consistent with the East Coast. Buffer Plan. Mr. Ammon said staff recommends approval. Ms. Elaine Usherson, The Sierra Club, said her organization has been opposed to the issuance of this permit from the beginning. She said the project would cut into the proposed Everglades Buffer area and is inconsistent with the recommendations made by the Governor', Commission for a Sustainable South Florida. She urged the Board not to approve the permit application. Mr. Jeffrey Winikoff, West Boca Community Council, said his organization support, approval of this item. Ms. Nanciar,n Regalado, National Audubon Society, asked that the Board not approvt the permit application. She said the project is adjacent to the Loxahatchee National Wildlife Refuge and is in the buffer area. She said those reasons are enough to deny the permit application. Mr. Richard Grosso, representing Ms. Rosa Durando, said the Board should seek to maximize the buffer area and should deny the permit. Ms. Sue Jcwell, Loxahatchee National Wildlife Refuge, said she is speaking as a private citizen on this issue. She said sh personally agrees with Mr. Gross and Ms. Regaladl She said the permit would impact the refuge and could also cause seepage problems to the refuge. Mr. Ammon said there is a minimum amount of seepage associated with this pmpert\ Ms. Rosa Durando, Audubon Society of the Everglades, said development of this project would require additional infrastructure to be built in the area, and would result in seepage into the refuge. She said this project is an example of leap -frog development and noted that the project is surrounded by wetlands. Ms. Durando said it would be logical for the District to purchase the property for use as a buffer area. Ms. Irene Kennedy - Quincy, representing G.L. Homes, said the permit meets the criteria of the Environmental Resource Permit requirements. She said the applicant is sensitive to the seepage issue and has agmed to raise water levels in the area. Governing Board W�"tng December 12. 1996 Page 35 16G Motion by Mr. Williamson to approve a requestby aCapella l approval Environmental � of Boca Raton DI Corporation for the issuance Motion a roved. Aye - Chairman Resource Permit for Capella, Palm Beach County. pP Boyd, Mr. Williamson, Mr. Machek, Mr. Graham, Ms. Krant. Nay - Mr. Hammond, Ms. Singer. Absent - Mr. Pettis, Mr. Reed. End of Afternoon Agenda ADJOURNMENT 71cre being no further business to come before the Board, the meeting was adjourned at 4:00 p.m. 16G South Florida Water Management District Govt: R%,N G BOARD ME ETIN!G Open to the Public AGF_"N', DA GOVERNING BOARD MEETING Thursday, January 16, 1997 8:30 A.M. B -1 Auditorium 3301 Gun Club Road West Palm Beach, Florida Note: Any item which appears on the Meeting Agenda of Wednesday, January 15, 1997, may be an item for discussion or action on this Meeting Agenda. All or part of this meeting may be conducted as a teleconference in order to perm.1 maximum participation of Goveming Board Members. CALL TO ORDER A. Invocation: Cecile Ross B. Pledge of Allegiance to the Flag of the United States of America C. Approval of the Minutes of the Governing Board Workshop of December 10 and 11, 1996 and the Governing Beard Regular Meeting of December 12, 1996. MORNING AGENDA APPROVAL A. Additions, Deletions, Substitutions B. Abstentions GOVERNING BOARD MEETING SCHEDULE Consider Schedule for Upcoming Meetings. 2. Consider Tentative Agenda for February Workshop. COMMM'EE REPORTS 3. Accept the Human Resources Committee Report, including recommended actions. 4. Accept the Audit Committee report, including recommended actions. 16G a January 16,1997 Governing Board Meeting Page 2 MORNING CONSENT AGENDA Note: The Board may not wish to discuss these items individually and may approve them as a group. Anyone wishing to speak on one of these issues should complete a speaker card and submit it to the District representative in ft lobby prior to consideration of the Consent Agenda. This will permit the Chairman to pull such items for individual discussion later on the agenda. A. Pull hems for discussion. B. Motion to Approve the Consent Agenda except for items pulled for discussion. (Items pulled Kill be considered by th© Board under the Discussion agenda) BUDGET OFFICE 5. Approval of Budget Transfers. OFFICE OF COUNSEL. 6. Authorize amending a contract with Nabors, Giblin & Nickerson, f .A. for legal services being provided under the existing contract to extend the contract up to an additional three years and to increase funding in the amount of $10,000, for which funds are budgeted. (Contract Number C- 3169 -A13) MIAMI DADE REGIONAL SERVICE CENTER 7. Authorize entedrg into a cooperative agreement with the Miar,li -Dade Water and Sewer Department (WASD) for the implementation of a public access reuse system in the amount of $,300,000 for which funds are budgeted. (Contract Number C -8834) 8. Authorize entering into a cooperative agreement with the Miami -Dade Water and Sewer Department CvVASD) for the construction of two Aquifer Storage and Recovery (ASR) Wells, concrete drilling pads, and wellhead facilities including pumps, piping and appurtenances in the amount of $300,000 for which funds are budgeted. (Contract Number C -8835) FLORIDA KEYS SERVICE CENTER 9. Adopt a resolution in support of the Florida Keys Scenic Highway Project in Monroe County, Florida. MARTINIST. LUCIE SERVICE CENTER 10. Authorize entering into a cooperative cost -share agreement with the St. Lucie County Mosquito Control District to conduct habitat and water quality enhancement activities in Indian River Lagoon Mosquito Impoundments 1 -9, 10A, 14B, 16A, 17A. 18A, and 1913 in the amount of $106,667.00 for which funds are budgeted (Contract Number C -8868) 16G January 16,1997 Governing Hoard Meeting Page 3 OFFICE OF GOVERNMENT AND PUBLIC AFFAIRS 11. Authorize entering into a cooperative agreement with the South Central Regional Wastewater Treatment and Disposal Board for the implementation of a reuse systern for the irrigation of five golf courses in the amount of $300,000 for which funds are budgeted. (Contract Number C -8117) 12. Authorize entering into a cooperative agreement with Florida Institute of Technology (FIT) for the purpose of developing and field testing The Everglades: An Extended Case ' tudy of Threatened Watershed and Ecosystem, a curriculum and teacher's guide for students in grades six and above, in the amount of $82,572 for which funds are budgeted. (Contract Number C -8112) OFFICE OF ENTERPRISI14G ENGINEERING 13. Authorize entering into a contract with Spat Image Corporation for satellite imagery in the amount of $386,900 of which $193,450 is budgeted for FY97 with the remainder subject to Governing Board approval of the FY98 ($193,450) budget. (Contract Number C -8362) CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 14. Approve staff recornmendations for releases of District canal, mineral and road reservations, releases of T.I.I.T.F. canal reservations and issuances of non -use commitments. 15. Approve declaring sur' lus land interests containing 0.42 acres, more or less, in Broward County, Canal 14 Project, and authorization to quitclaim to Broward County in exchange for land interests containing 0.17 acres, more or less, in Broward County, Canal 14 Project, and waiving of all fees and costs. 16. Approve acceptance of a donation of land Interests consisting of a quitclaim perpetual flowage and inundation easement on 0.77 acres, more or less, in Section 8, Township 30 South, Range 30 East, Polk County, within Tiger Lake - KCOL in conjunction with the Kissimmee Headwaters Revitalization Project. 17. Authorize a change order to a contract with Alfred J. Sandelli, Jr., for the waste cleanup of the Loxahatchee Cleanup Project in the amount of $8,051, which is unbudgeted, and authorize a budget transfer from Loxahatchee Cleanup Professional Fees to Construction Change Orders, and authorize extending the contract by sixty (60) calendar days retroactive to January 6, 1997. (Contact Number C -7015, C.O. tt2) 16G o4 i January 16,1997 Governing Board Meeting Page 4 18. Authorize the District staff to proceed with the development of FY 1999 Public Works Program funding applications in accordance with the State Public Works Program (PWP) for District sponsored construction projects and studies. 19. Authorize entering into a revenue contract with the highest responsible and responsive bidder, for the removal of all tree stock from the Gerlach Tree Farm property located in Palm Beach County, Florida, in an amount to be determined. (Contract Number C -8317) OPERATIONS AND MAINTENANCE DEPARTMENT 20. Authorize issuing a Purchase Order to Forestry Resources Vegetation Management, Inc. for i:he removal of exoticJhazardous trees, trash. and debris along the south bank of the 'Millsboro Canal in Palm Beach County in the amount of $85,976 for which funds are budgeted (Contract Number C- 8576). PLANNING DEPARTMENT 21. Authorize amending a cooperative agreement with the City of Port St. Lucie for a Floresta Avenue Retrofi to retroactively extend the term of the contract 12 months from September 30, 1996 through September 30, 1997 and to revise the schedule of payments and deiiverables at no additional cost. (Contract Number C- 6787A1) 22. Authorize amending a cooperative agreement with the Lee County Regional Water Supply Authority for an Aquifer Storage and Recovery (ASR) pilot project to extend retroactively the term of the agreement seven months from December 30, 1996 tc• July 30, 1997 at no additional cost to the District. (Contract Number C- 4224A2) 23. Authorize amending a contract with Coastal Environmental, Inc. to update and Incorporate the C-24 and North St. Lucie basin areas into the St. Lucie Watershed Assessment and extend the term of the contract from January 31, 1997 to September 30, 1997 In the amount of $59,856; and authorize a budget transfer of $59,856 of SWIM funds from the Planning Department, Upper East Coast/Kissimmee Planning Division interagency expenditures to Professional Fees and Services. (Contract Number C- 5137 -A4) 24. Authorize entering into a cooperative agreement with Palm Beach County Water Utilities Department to develop water resource management strategies for the Southeastem Palm Beach County Integrated Water Resources Plan in the amount of $150,000, and authorize a budget transfer in the same amount from Planning Staff, Other Contractual Services, to Lower West Coast/Special Projects Division, Interagency Expenditures, Local Governments. (Contract Number C -8915) 16G January 16,1997 Governing Board Meeting Page 4 18. Authorize the District staff to proceed n with the development 9 accordance with w h theState Public Works Works Program funding application Program (PWP) for District sponsored construction projects and studies. 19. Authorize entering into a revenue contract with the highest hoTreeeFarm responsive bidder, for the removal of property located in Palm Beach County, Florida, in an amount to be determined. (Contract Number C -8317) OPERATIONS AND fAAiNTENANCE DEPARTMENT 20. Authorize issuing a Purchase f Order li-�ariardo s tr�estash Resources and debris along Management, Inc. for the remora the south baulk of the Hillsboro Canal in Palm Beach County in the amount of $85,976 for which funds are budgeted (Contract Number C- 8576). PLANNING DEPARTMENT 21. Authorize amending alcooperoaictiva9r extend the term of t e antract i2 Lucie months Floresta Avenue Retrofit .o re. Y from September 30, 1`i% through September 30, 1997 and to revise the schedule of payrrnents and deliverables at no additional cost. (Contract Number C- 6787A1) 22. Authorize amending a cooperative agreement with the Lee County end Supply Authority for an Aquifer Storage and Recovery (ASR) P o o P i ect to ext199c e t retroactively the term of the agreement seven months from December 30, July 30, 1997 at no additional cost to the District. (Contract Number C- 4224A2) 23. Authorize amending a contract with Coastal Environmental, Inc. to update and Incorporate the C-24 and North St. Lucie basin areas into the St. Lucie Watershed Assessment and extend the term of the contract from January 31, 1997 to September 30, 1997 in the amount of $59,856; and authorize a budget transfer of $59,856 of SWIM funds from the Planning Department, to Professional Fees Coast/Kissimmee Planning Division interagency expenditures and Services. (Contrast Number C- 5137 -A4) 24. Authorize entering into a cooperative agreement with Palm Beach County Water Utilities Department to develop water resource management strategies for the Southeastem Palm teach County Integrated Water Resources Plan in the amount of $150,000, and authorize a budget transfer in the same amount from Planning Staff, Other Contractual Services, to Lower West Coast/Special Projects Division, Interagency Expenditures, Loral Governments. (Contract Number C -8915) H t January 16,1997 Governing Board Meeting Page 5 16G 25. Authorize amending a contract with Dames and Moore for Land Use/Land Cover Database Development to extend the ten'n of the contract from January 30, 1997 to January 30, 1998 at no change in contract amount. (Contract Number C -6796- A2) ECOSYSTEM RESTORATION DEPARTMENT 26. Authorize: amending a cooperative agreement with the University of Florida's Institute of Food and Agricultural Sciences (IFAS) to develop a preliminary Agru- ecology Decision Support System for beef cattle production in the Lake Okrwchokee watershed to revise the deliverable schedule and retroactively extend the contract by 180 days, at no additional contract cost. (Contract Number C -5298- A1) 27. Authorize amending work order 3 of a cooperative agreement with Archbold Blol, g al Station for collaborative rosearch to determine baseline conditions for the aquatic invertebrate community of the Kirzimmee River ecosystem to revise the deliverabie schedule and extend woeK order 3 by 15 months to conduct a 2nd year of field data collection in the amount of $;115,000, of which $36,250 is budgeted and the rernainder is subject to Governing Board approval of FY98 ($78,750) budget. (Contract Number C- £625 -A2) 28. Authorize entering into a cooperative agreement with the University of Miami to conduct a groundwater research study in the Southem Everglades in the amount of $259,871, of whkJ- i $28,978 is budgeted and the remaining $230,893 is subject to Governing Board approval of the FY98 ($84,630), FY99 ($88,387) and FY00 ($57,876) budgets; and authorize a budget transfer in the amount of $28,978 from the Everglades Systems Research Division, Interagency Expenditures - Private Universities to the Southern Everglades/Florida Bay Restoration Division, Intoragency Expenditures - Private Universities. (Contract Number C- E8608) WATER RESOURCES EVALUATION DEPARTMENT 29. Authorize entering into a reimbursement contract with the Florida Department of Environmental Protection (FDEP) in the amount of $114,310, payable for ground- water sampling, monitoring, and reporting actWies, for which funds are budgeted. (Contract Number C -8667) End of Moming Consent Agenda 16G January 16,1997 Goveming Board Meeting Page 6 PUBLIC COMMENT (May be moved to fogow Public Hearing) Opportunity for members of the public to discuss matters of interest which are not on the agenda. PUBLIC HEARING at 9:30 A.M. Note: The Board will discuss these items individually in the order listed. CONSTRUCTION AND LAND' MANAGEMENT DEPARTMENT 30. Approva amendments to the 1997 Save Our Rivers Five Year Plan. Fred Davis, Director - Land Stewardship Division 31. A. Approve a Povised Application for Federal Assistance and Revised Grant A greement for the acquisition of 1,233 acres, more or less, in Palm Beact County, Water Management Area, State of Florida Everglades Restoration Project, for the Carroll property and other unidentified properties, and authorize the Executive Director, or his designee, to execute the Application and G rant Agreement. T. Joan Lawrence, Assistant General Counsel - Office of Counsel Charles R. Rinaldi, Deputy Director, Land - Construction & Land Management B. Approve the purchase of land interests containing 480 acres, more or less. in Palm Beare County, Everglades Construction Project, S TA-2, and approve the purchase of land interests containing 1,233.18 acres, more or less, in Palrr, Beach County, Water Management Area, and authorize a resolution to the United States Department of the Interior for at least one -half of the acquisitior and associated costs. William F. Malone, Director - Construction & Land Management 32. Approve the purchase of land interests containing 1,428.62 acres, more or less, in Osceola and Polk Counties, Kissimmee Chain of Lakes Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. William. F. Malone, Director - Construction & Land Management 33. Approve the execution of a corrective quitclaim deed in favor of Monrad O. Chandler and Gwendolyn W. Chandler to correct an error in the legal description for lands in Okeechobee County. William F Malone, Director - Construction & Land Management 16G January 16,1997 Goveming Board Meeting Page 7 34. Approve accepting the conveyance from Palm Beach County of certain lands containing 4.22 acres, more or less, in Palm Beach County, Everglades Construction Project (STA -1 W and STA -1 E). William F. Malone, Director - Construction & Land Management 35. Approve the purchase of land interests containing 190.08 acres, more or less, in Polk and Osceola Counties, Upper Lakes Basin Watershed Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Charles R. Rinaldi, Deputy Director, Land - Construction & Land Management 36. Approve the purchase of land interests containing 40.16 acres, more or less, in Polk County, Kissimmee Chain of Lakes Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Charles R. Rinaldi, Deputy Director; Land - Construction & Land Management 37. Approve the purchase of land interests containing 4.80 acres, more or less, in Highlands County, Pool D, Kissimmee River Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Charles R. Rinaldi, Deputy Director; Land - Construction & Land Management 38. Approve amendments to agreements with Don O. Deadwyler, Delta R. Deadwyler and Sara L. Deadvkryler to purchase land interests, containing 46.10 acres, more or less, located in Highlands County, Kissimmee River Restoration Project, and approve the reservation by the Sellers the use of the premises for a period of up to one year after closing and approve the reservation by the Sellers to manage and maintain the premises until all Tenants and the Sellers are relocated to other premises, for a period of up to one year after closing. Charles R. Rinaldi, Deputy Director, Land - Construction & Land Management 39. Approve the purchase of land interests containing 35.13 acres, more or less, in Dade County, Model Lands Basin Projec. -t and C -111 North Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Chadias R. Rinaldi, Deputy Director, Land - Construction & Land Management 40. Approve the purchase of land interests containing 437.83 acres, more or less, in Broward County, East Coast Buffer Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Charfes R. Rinaldi, Deputy Director, Land - Construction & Land Management 16G January 16,1997 Governing Board Meeting Page 8 41. Approve the purchase of land interests containing 3.14 acres, more or less, in Dade County, East Coast Buffer - Dade Broward Levee Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Charles R. Rinaldi, Deputy Director, Land - Construction & Land Managemeni 42. Authorize an amendment to agreement with George J. Turke and Helen Turke a/k/a George J. Turke, Jr., and Helen P. Turke for the purchase of land interests containing 223.7 acres, more or less, in Dade County, L -31 N Project. Charles R. Rinald , Deputy Director; Land - Construction & Land Management 43. Consider acquisition of SOR lands. End of Public Bearing PUBLIC COMMENT (May be continued at this time if not complete prior to the Public Hearing.) BOARD COMMENT Opportunhy for Board members to discuss matters of interest which are not on the agenda. 44. OMBUDSMAN'S REPORT Richard E Williams, District Ombudsman MORNING DISPUSSION AGENDA Note: The Sotrd **1 discuss these items indw dually in the order Wed DISCUSSION OF ANY ITEMS PULLED FROM MORNING CONSENT AGENDA ECOSYSTEM RESTORATION DEPARTMENT 45. Authorize entering into a contract with Closter Farms, Inc., (Lease 3420) to provide funding for the design, construction, and land acquisition necessary to complete the Diversion Plan in an amount not to exceed $1,384,091 of which $976,638 is budgeted, and the remaining amount of up to $407,453 is subject to Governing Board approval of the FY98 budget; and authorize a budget transfer in the amount of $976,638 from the Project Construction Division, Interagency Expenditures -Local Governments to Other Contractual Service (EC10j (Contract No. C- E003). Jennifer Jorge, Deputy Director, Everglades Construction Project (20 min.) January 16.' 997 Governing Board Meeting Page 9 166 46. Authorize amending the contract with Stanley Consultants, Inc., for professional engineering services associated with STA 1 Inflow & Distribution Works solicitation and consiniction support services in an amount to be determined. [ECO2] (CCNA, Contract Number C- E104 -A3) Jennifer Jorge, Deputy Director, Everglades Construction Project (10 min.) 47. Authorize amending the contract with Bums & McDonnell, Inc., for professional engineering services associated with STA 6 Section 1 solicitation and construction support services in an amount not to exceed $97,368 which is budgeted. [EC06] (CCNA, Contract Number C- E500 -A2) Miller Andress, Director, Everglades Construction Project (10 min.) REGULA.TiON DEPARTMENT 48. Authorize entering into a Memorandum of Agreement with the Executive Office of the Governor. Office of Tourism, Trade and Economic Development regarding establishment of an Expedited Permitting Review Process as mandated by the Isgislature pursuant to Section 403.973, F.S. REPORT FROM THE EXECUTIVE DIRECTOR 49. Water Management Highlights Samuel E. Poole, lll, Ex©cutive Director 50. Update on Homestead Air Force Base Issues Terrie Hates, Director, ,Regulation Department 51. Enterprise Design Update Jill Womble, Director, Enterprise Design, Office of Enterprise Engineering 52. Governing Board Follow -up Items Samuel E. Poole, lil, Executive Director 53. Update on Everglades Litigation Batbara Markham, General Counsel 54. Update on Everglades Construction Project Miller Andress, Director, Everglades Construction Project Staff January 16,1997 Governing Hoard Meeting Page 10 16G 55. Progress Report on the Amendment 5 Cost Allocation (30 min.) Gary Goforth, Chief Consulting Civil Engineer, Everglades Construction Project Barbara Markham, General Counsel End of Morning Discuss/on Agenda f} f! �}•} �, 4} nR•• ff }f }ffi } }fffffff } }♦flAfff } }A1ff }tiff ♦f••f } } }} AFTERNOON AGENDA ,APPROVAL: 2:00 P.M. A. Additions, Deletions, Substitutions B. Abstentions C. Pull Items for Discussion D. Motion to Apprcve Afternoon Consent Agenda, except for items pulled for discussion E. Consider Afterrmn Consent Agenda Items Pulled for Discussion. F. Continue Morning Disc,Yission Agenda (if applicable) G. Consder Aftemoon Discussion Agenda AFrERNOO� � CONSENT AGENDA: REGULATORY MATTERS NOTE. fi board may not wikh to discuss those items indlWdvally and may approve them as a group. Anyone wishing to speak on one of these Items should complete a speaker card and submit it to the Disti r representaKre in the kibby prior to consideration of the Consent Agenda. This will peril! the Chaimian to pull surh hems for Ina+Ivls''tfal discussion. „ copy of the consent agenda is ava/lable upon request by contacting the Regulation Deoartrnenr at (561) 667 -6736. 56. Consideration of Consent Agenda for Governing Board approval which includes Construction and Land Marw4goment items: Right of Way Occupancy Permit Applications Right of Way Occupancy Permit Modifications Right of Way Occupancy Permit Applications for Approval Under Amnesty Program Denials 16G January 16,1997 Goveming Board Meeting Page 11 57. Consideration of Consent Agenda for Governing Board approval which includes Regulatory items: Water Use Permit Applications Surface Water Management Permit Applications (including Conservation Easements) Environmental Resource Permit Applications (including Conservation Easements) SWIM Works of the District Pen-nit Applications Denials Surface Water Management Permit Extensions Consent Agreements Consent Agreement Amendments C :nservation Easements Emergency Authorizations and Orders End of Afternoon Ccngent Agenda AFTERNOON DISCUSSION AGENDA: REGULATORY MATTERS NOTE: The Board will diecuax lndlvIdumily In the order listed on the agenda. DISCUSSION OF 71 EEMS PULLED FROM AFTERNOON CONSENT AGENDA MM AT)ON BAND P'ERMiT (15 minutes) 58. Consider a request by Florida Mitigation Trust Corporation for the issuance of a Mitigation Ban.i Permit for Lake Okeechobee, Palm Beach County (staff recommendation is for approval) Robert Robbins, Director, Natural Resource Management Division, Regulation Department ENVIRONMENTAL RE=SOURCE PERMIT (15 minutes) 59. Consider a request by Orange County Parks and Recreation Department for the issuance of an Environmental Resource Permit for Keene's Park and Boat Ramp, Orange County (staff recommendation is for approval) Robert Robbins, Director, Natural Resource Management Division, Regulation Departmenr 16G January 16,1997 Governing Board Meeting Page 12 ENVIRONMENTAL RESOURCE PERMIT DENIAL (10 minutes) 60. Consider a roquest by Jeannette Brandon for the issuance of an Environmental Resource Permit for Bouy Line, Monroe County (staff recommendation is for denial) Robert Robbins, Director, /Natural Resource Management Division, Regulation Department PETITION FOR ADMINISTRATIVE HEARING (10 minutes) 61. Consider a petition filed by Rosa Durando and Audubon Society of the Everglades chalienging the issuance of Environmental Resource Permit 50- 03707 -P (Application 960502 -7) for a project known as Capella, Palm Beach County (staff recommends that the petition be dismissed on the grounds that Petitioners were previously proi4ded a clear point of entry to challenge the instant permit). John. Furnaro, Assistant General Counsel, Regulatory and Planning Sectio„ End of Afternoon Agenda ADJOURNMENT South Florida Water Management District GOVERNING BOARD MEETING Open to the Public AGENDA Jr a ff Coc�ty Governing Board Meeting Wednesday, November 13, 1996 N r- Corres: 9:00 A.M. Miami Dade Community College Library Date: `1 Homestead Campus 500 College Terrace Item# Homestead, Florida 33030 Copses To: Note: Any item which appears on the Regular Meeting Agenda of Thursday, November 14, 1996, may be an item for discussion or aciivn on this Meeting Agenda. CALL TO ORDER Welcoming remarks - Chairman Boyd and local mayors 1. Board questions for staff about any items on the Thursday Regular or Regulatory Consent Agenda. 2. Status of C -111 Project (15 minutes) Joyce" Bainscome, Director, Southem Everglades/Florida Bay Restoration Division 3. South DadeBisc<iyne Bay Regional Issues (1 hour) A. South Dade Regional Land Use and Water Management Planning Julio Fanjul, Director, Miami -Dade Regional Service Center Dick f=rost, Superintendent, Biscayne National Park B. Joint Study of South Dade Agricultural and Rural Areas Retention Deborah Drum- Duclos, Miami -Dade Regional Service Center C. Status report on the United States Air Force (USAF) application to modify its surface water management permit Terrie Bates, Director, Regulation D. Update on negotiations of Dade County's Comprehensive Development Master Plan (CDMP) Amendments Julio Fanjul, Director, Miami -Dade Regional Service Center GOVERNING BOARD MEETING NOVEMBER 13, 19% 1 6 G %14 PAGE 2 4. Proposed Redevelopment of Homestead Air Reserve Base (HARB) as a Dual U;�6 Civilian/Military Airport 0 hour) (County presenter to be determined] 5. Public Comment (rmy be continued after lunch) 12 pm Lunch 6. Board Discussion & Action Authorize District staff to file a petition objecting to the CDMP amendments, preserving the District's rights in accordance with Chapter 288, Fla. Stat., and authorize staff to resume negotiations of CDMP amendments to sufficiently address water resource concerns, including stormwater management, Biscayne Bay and Military Canal. 7. Briefing on the Northwest Dade County Freshwater Lake Plan Implementation Committee Draft Recommendations (1 hour) Jim Jackson, Project Leader, Planning Department ADJOURNMENT The Audit Committee will meet Hlowing this meeting, bur not earlier than 3 p.m. 16G Library/Meeting location Gm= Buildingg �� 4: / Directions to Miami -Dade Community College Homestead Campus • Florida'sTurnpike south to Exit #2 - this exit has three street names: Campbell Drive, 312th Street, and 8th Street • Go west (left at end of exit ramp) on Campbell Drive /312th Street to English Avenue - approximately 1.5 miles (Firestone sign on left) • Turn left on English Avenue and follow the signs for faculty /student parking • Ubrary /meeting location is in green building across the street from the parking area 16G MINU'T'ES OF A MEETING OF THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT HELD AT OFFICES OF THE DISTRICT, 3301 GUN CLUB ROAD WEST PALM BEACH FLORIDA WEDNESDAY, OCTOBER 9,19% 9:00 A3L The following Board Members were present: Valerie Boyd, Chairman Franc Williamson, Jr. Eugene K. Pettis William Hammond Betsy Krant Nathaniel P. Reed Miriam Singer William E. Graham Richard Machek Sarrmel E. Poole III, Secretary CALL TO ORDER Chairman Boyd called etc meeting to order at 9:10 a.m 1. Board quMtlons for staff about any items on the Thursday Regular or Regulatory Consent Agenda. Mr. Machek questioned items 6. 7, 21, 24, 23, and 11. Mr. Graham questioned items 13, and 14. 2. Introduction to the conceptual plan Mr. Richard Pettigrew, Chairman, Governor's Commission for a Sustainable South Florida, presented information on th-. conceptual plan. A copy of the material used in his presentation is included in the official record of this meeting. 16G GOVERNING BOARD 1AEMNG OCTOBER 9, 1996 PAGE 2 3. Consideration of Governing Board Response to Concepts In Conceptual Plan Dr. Bonnie Kranzer, Executive Director, Governor's Commission for a Sustainable South Florida, presented information on the following subjects covered in the conceptual plan: Regional Storage, Water Supply and Flood Protection Natural Areas Enhancement and Restoration Improved Water Quality Improved Qxration, Management and Implementation Practices A copy of the material used in her presentation is included in the official record of this meeting. Dr. Kramer said the commission developed 71 options to address these issues. She said those original options were narrowed to 40 preferred options with conditions, and then narrowed again to 13 thematic concepts. She said the commission then developed a list of general concepts and is seeidng concumcnce from the Board on seven recommendations in the conceptual plan. Board members discussed the recommendations made by the commission. Responding to comments by the Board concerning a water budget for South Florida users, Mr. Pettigrew said die commission has made recommendations on that issue that are critically important. He said the commission recommends: That westward development drains water levels and should be stopped. That small city wellfields in Palm Beach and Broward counties are inefficient and not interconnected. A county-wide Water Supply Authority is needed in Palm Beach and Broward Counties to manage an area -wide wellfield system. That Water Preserve Areas in Palm Beach, Broward, and Dade Counties be acquired and cost- shared on a 50/54 basis among the District and local governments. 4. Consideration of Governing Board Response to Recommendations in Conceptual Plan Mr. Pettigrew sunvnarized the following seven recommendations for consideration by the Board. !r � 16G GOVERNING BOARD NIMIING OCTOBER 9, 1996 PAGE 3 Recommendation 1': Authorized purposes of the C &SF Project should include protection and imp,mvement of water quality for natural system protection and restoration and waiter supply for environmental and economic needs. Recommendation 2: Modifications to the C&SF Project developed as part of the Restudy should be cost - shared on a 5060 basis between the federal govJrdnent and the state. Recommendation 3: Expeditiously complete the feasibility phase of the Restudy, including the Comprehensivt C&SF Project Plan, and take other preparatory steps necessary to implement the Plan. Recommendation 4. State implementation activitirs for Ev;.rglades restoration should be expedited. Recommendation 5: Adaptive management strategies should be used to implement C&SF Project modifications. Recommendation 6: Adcgaate agency resources must be provided for implementation of the Plan. Recommendation 7: Congress should remove impediments to more effective publiclprivate involvement in ecosystem managenitnt and natural system restoration. Mr. Machck asked about Recommendation 2, involving the cost -share of the Restudy between the federal Bove- ,mnent and the state. Colonel Rock Salt, ;3xecutive Director, South Florida Ecosystem Restoration Task Force, said a comprehensive; restoration plan for the South Florida Ecosystem will be authorized by 1599. he said the project will then become part of the federal appropriations process. Col. Salt said a toud of $25 million in federal funds can be utilized annually to address critical areas until thy-, appropriations process is authorized. I UBLIC CGNIANfENT Ms. Leah Schad, a former Governing Board member, urged the Board to support the commission's mcommendab ons. She szid a critical task will be the Eastward l-io! project to keep development along South Florida's east coast from moving west. 16G w GOVERN',NG BOARD MM-MG OCTOBER 9, 1996 PAGE 4 Ms. Rosa Durando, Audubon Society of the Everglades, said education efforts are needed to convince legislators about the importance of acquiring lands for the Water Preserve Areas. Ms. Krant agreed. She said the District should ask legislators to help educate their constituencies about the importance of the Water Preserve Areas. Mr. ?eff Ward, Sugar Cane Growers Cooperative, said the restoration of the South Florida ecosystem Ls not just an Everglades Agricultural Area issue. He said the restoration process starts in the Kissimmee Valley and includes the lower east coast and lower west coast of Florida. Mr. Ward said the proposed Water Prr. serie Areas are not designed to deal with agricultural runoff. Motion by Mr. Hammond to approve all seven r". nunendations as presented in the conceptual plan. Motion approved. Chairman Boyd noted that the Board has enough time to consider items from the Thursday, October 10 Regular meeting agenda, if it so chooses. Board members agreed. 1. Consider Schedule for Upconiing Meetings Mr. Poole reviewed the proposed agenda and presentation times for the November 1996 workshop meeting and the schedule for upcoming meetings. A copy of the schedule is included in the official record of the Thursday, October 10 Governing Board Regular Meeting. 52. Update on Everglades Litigation. Ms. Barbara Markham, General Counsel, presented the update. A copy of the material used in her presentation is included in the official record of the Thursday, October 10 Governing Board Regular Meeting. Ms. Markham also presented information on upcoming litigation, including the issues of the proposed tax on sugar to support Everglades restoration. She said the District will be reguirr,d to collect the tax, if the proposed legislation is approved. Ms. Markham said it is possible that a number of questions about this issue will be litigated and staff anticipates litigation challenging the validity of the constitutional amendment authorizing the tax. Ms. Markham recommended that the Board direct staff to ask the State Attorney General's office to conduct the litigation on the validity of the amendment_ 1bG GOVMUQNG BOARD N FnNG OCTOBER 9, 1996 PAGE 5 Ms. Markham said another issue that may be litigated is the implementation of the tax. She recommended that the Board direct staff to ask the State Attorney General's office to render an opinion on whether the tax should be implemented immediately, or whether implementing legislation or rules were required first. Board members directed staff to proceed with both recommendations. • 1: L �_L ' it ' Mr. Richard Williams, District Ombudsman, presented the report. He said his office is still working to resolve complaints atout the District's exotic plant management program on Lake Okeechobee. 45. Autborize entering into a contract with Southes►stern Resources, Inc. for le$sed workers at rates to In deterndned for a three year period. Avis. Karen Ansell, Senior Employment Representative, Human Resources Division. presented information on this itzm. A copy of the material used in her presentation is included in the official record of this meeting. Motion by Ms. Singer to Authorize entering into a contract with Southeastern Resources, Ine. for kwsed workers at r-Ates to be deterndnedl for a three year period, in amounts not to exceed funds budgeted and approved by the Governing Board for F°Ys 97, 98, stand 99. (Contract Number C -8379). Mr. Williamson asked that the Board not vote today on any items from the Thursday, October 10, 1995 Goveining Board Regular Meeting. He said members of the public may want to comment on these items and arc expecting the Board to act on them at the regular meeting. Board Members a ,reed. Motion withdrawn by Ms. Singer. 49. Water Management Highlights Mr. Poole presented the highlights. A copy of the material used in his presentation is included in the official record of this meting. 16G GOVERNING BOARD MEETING OCTOBER 9, 1996 PAGE 6 50. Governing Board Follow -up itertvs A. Follow -Up Report Ms. Jeanne Hall, Deputy Director, Operations and Maintenance Department, presented information on Board Follow -up concerning the release of effective biological control agents, which has been delayed by federal officials. Ms. Hall said staff has received a response that their concerns are being addressed. She said staff anticipates that the biological control program will begin soon. Mr. Keith Rizzardi, Attorney, Office of Counsel, presented information on Board follow -up concerning environmental problems associated with the proposed re- development of Homestead Air Force Basc. Mr. Rizzardi said staff has met with Dade County officials to discuss the comprehensive plan for re- development of the base. He said the comprehensive plan does not address the Districts concerns about environmental problems involving a militar-v canal on the base. Mr. Reed asked for briefing material on the following items prior to the November meeting: • What is the position of the U.S. Air Force on the clear, -up of the military canal? • Who is the responsible party for the clean -up? Mr. heed aLso suggested that .staff invite Mr. John Hankinson, U.S. Environmental Protection Agency - Atlanta, and a representative from the U.S. Attorney's Office in Dade County to attend the Homestead meeting, Ms. Singer suggested that staff speak to Ms. Lynn Summers, Homeless Partnership Trust, about the Homestead Air Force Base clean-up. She; said Ms. Summers has done extensive resc -arch on the base. B. StatuLs of M/WBE Program recommendation to seek statutory permission to establish a revolving fund for working capital on District projects Ms. Carolyn Williams, Director, Office of Supplier Diversity and Outreach, said staff is requesting direction from the Board on whether it should seek statutory permission to establish a revolving fund ti) provide working capital for small contractors who may wish to bid on District projects. She said funding capital has been a major obstacle for small minority businesses, and the proposed fund would advance payment for services rendered, if needed. 16G GOVHRMNG BOARD M=- 4G OCTOBER 9, 1996 PAGE 7 Chairman Boyd questioned whether the District should undertake such a project. Mr. Maclick said th{-. District should not become a lending institution, nor should it seek to guarantee loans for small businesses. He said then are private institutions that offer such services and staff should explore those options. Mr. Williamson suggested that the District could provide start-up funding for small businesses, if such funds ar- available. Ms. Williams said staff could seek to assist small businesses by providing guidance on when funding is available. Sbe said such a project could be implemented through the use of a private consultant. Ms. Singer said stiff' should look at providing an advanced payment option. She asked that staff provide information to the Board on any consultants who find financial institutions that provid., capital �o small burin-sw;, and the, cost to the District of outsourcing. Chairman Boyd specified that this should not be a full research analysis project for staff. She said staff should provide information on the :mount of staff resources that would be involved in setting up an advanced payment program. Mr. Pettis asked that staff provide information on how other organizations conduct similar programs, and present the information at the next Audit Committee meeting. Mr. Glenn Miller, Attorney, Office of Counsel, said implementation of an advanced payment program would require legislative authority. 26. Consider adoption of amendments to the District's "Public Use Guide for De dgmted Land Management Areas ". Mr. Fred Davis, Dirvaor, Land Stewardsbip Division, Construction and Land Management Depariment, pn=nted information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Davis said staff is concerned about management of the recently acquired Lett M—axcy property. He said staff recommends posting the property immediately, with a notice that prohibits trespassing and status that the area is closed temporarily pending its designation as a management area. 16G GOVM XWG BOARD HEFTING OCTOBER 9, 1996 PAGE 8 ADJOURNMENT There being no further business to come before the Board, the meeting was adjourned at 2:30 D.M. 16G MNUM, OF A MEETING OF THE GOVERNING BOARD OF THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT HELD AT OFFICES OF THE DISTRICT, 3301 GUN CLUB ROAD WEST PALM BEACH FLORIDA THURSDAY, OCTOBER 10, 1995 5:30 A.M. Tle following Board Members were present: Valerie Boyd, Chairmen Frank Williamson, Jr. Eugene K. Pettis William Hammond Williarn E. Graham Betsy Krant Richard Machek Miriam Singer Samuel E. Poole III, Secretary CALL TO ORDER The meeting was called to order at 8:30 a.m. by Chairman Boyd, followed by the Invocation by Mr. Sam Teel, and the Pledge of Allegiance to the Flag of the United States of America. Presentations Chairman Boyd, Mr. Poole, Mr. Machek, and Mr. Trevor Campbell, Director Office of Enterprise Engineering, presented the District's 25 Years Service Award to Mr. David Sours, Sr. Engineering Associate, Office of Enterprise Engineering Chairman Boyd, Mr. Poole, Mr. Machek, and Ms. Georgette Carrol, Board Of Directors, Florida Government Finance Officers Association, presented a Certificate of Achievement for Excellence in Financial Reporting to Mr. Bob Gray, Director, Accounting Division, Mr. Frank Mumby, Senior Accountant, Ms. Phyllis Baker, Staff Administrative Resources Associate, Mr. Barry Atwood, Deputy, Director - Finance, and Mr. Jim Yager, Director, all of the Management Services Department. 16G GOVERNING BOARD REGULAR MEF' NG OC `OBER 10, 1996 PAGE 2 Approval of Minutes Motion by Mr. Pettis to approve the Minutes of the Governing Board Meeting of September 11, 19%, the Tentative Budget Public Hearing of September 11, 1996, the Governing Board Regular Meeting of September 12, 1996, and the Flnsl Budget Public Hearing of September 24., 19%. Motion approved. MORNING AGENDA APPROVAL A. Additions, Deletions, Substitutions Ms. Kathie Morris, Senior Business Operations Analyst, Executive Office, said items 38 and 40 have been deleted. She said additional changes are noted on the Revised Agenda. A copy of the Revised Agenda is included in the official record of this meeting. Motion by Mr. Williamsont W approve changes to the agenda. Motion approved, R. Abstentions There were no abstentions. GOVERNING BOARD MEE,711NG SCIEEDULE 1. Consider Scliedule for Upcoming Meetings Mr. Poole noted that this item was covered at the October c: Governing Board meeting. 2. Consider agenda for November workshop Mr. Poole noted that this item was covered at the October 9 Governing Board meeting. MORNING CONSENT AGENDA A. Pull items for discu&Aan. Mr. Graham pulled items 13 and 14. Ms. Singer pulled items 19 and 21. 16G OOVEIUMIG BOARD REGULAR MEETING OCTOBER 10, 1996 PAGE 3 B. Motion to Approve the Consent Agenda except for iterns pulled for discussion. Motion by Mr. Pettis to Approve the Consent Agenda except for items 13, 14, 19, and 21, which were pulled for discussion. Motion approved. The following items were approved as part of the Morning Consent Agenda. MARTINIST. LUCIE SERVICE CENTER 3. Authorize amending a cooperative agreement with the City of Stuart for the installation of a stormwater retrofit system in the Frazier Creek Restoration project for a six month time rxtension at no .additional cost to the District. (Contract Number 7851 -A1). 4. Authorize amending a cooperative agreement with the City of Stuart for the installation of a stormwatcr tttrofit system in the Downtown Stuart SWIM Project for a six month time exi'.onsion at no additional cost to the District. (Contract Number 7852 -A1) FORT MYERS SERVICE CE:N'FER 5. Authorize entering iato a cooperative agreement with Collier County Nblic Schools to develop a natural resource training and certification program for select Collier County teachers to bccoine Water Resourtre Specialists, in the amount of $58,600, for which funds are budgemd. (RFP, Contract No. C- 8106). GOVERNMENT AND PU13LIC AFFAIRS REGULATION DEPARTMENT 7. Authorize entering into a work order contract with William Walker, Jr., Ph.D., P.E., for technical support iSrith the development and proper application of complex statistical compliance models for the Everglades Forever Act mandated Everglades Regulatory programs (Everglades Agricultural Arta, C -139 Basin, Lake Okeechobee drainage districts, lowt;r western basins, and lower east coast basins) of which $100,000 is budgeted in FY97 and the remaining amounts art subject to Governing Board approval of the FY98 and FY99 budgets. (Contract Number C -8510) 16G GOVERNING BOARD REGULAR MEETING OCTOBER 10, 1996 PAGE 4 CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 8. Approve staff recommenda, ions for releases of District canal, mineral and road reservations, releases of T.I.I.T.F. canal reservations and issuances of non -use commitments. 9. Approve Acquisition Agreement with Polk County for the joint purchase of 1,418.8 acres, more or less, of land in Polk County, within the Upper Lakes Basin Watershed Project, using District land acquisition procedures. 10. Approve Acquisition Agreement with Polk County for the joint purchase of 4,104.1 acres, more or less, of land in Polk County, within the Upper Lakes Basin Watershed Project, using District land acquisition procedures. 11. Authorize entering into a continuing contract with Gee & Jenson Engineers- Architects- Planners, Inc., for multi - disciplined professional engineering services in the amount not to exc rd $100,000. of which $50,000 is budgeted and the remaining $50,000 is subject to approval of the FY98 budget. (Contract Number C -7026) 12. Authorize a change order for a contract with Harry Pepper & Associates, Inc., for the S -13 Pump Station Renovation Project to modify the fuel tank facility for local building code compliance in the amount of $37,924, which is unbudgeted, and authorize a budget tr-ansfer fmm Construction Change Orders to S -13 Pump Station Renovation and extend the contract by six hundred twenty-five (625) calendar days, retroactive to May 6, 1995. (Contract Number C -4014, C.O. #3) 15. Authorize entering into a cooperative agreement with the Osceola County School Board for twenty five (25) years for management services on Save Our Rivers lands in the Upper Basin Project area at no cost to the District. (Contract Number C -7947) OPERATIONS AND MA114TENANCE DEPARTMENT 16. Authorize entering into a contract with MJ.M. Properties for right -of -way mowing services in the Homestead service area, in an amount not to exceed $136,930, of which $68,470 is budgeted in FY97 and the remaining $68,460 is subject to Governing Board approval of the. FY98 budget. (Contract Number C -8557) 17. Authorize the transmittal of the Formal Written Protest and Petition for a Formal Administrative Hearing concerning South Florida Water Management District's Request for Proposals No. C -7586, filed by Solar Outdoor Lighting, Inc., to the Division of Administrative Hearings pursuant to Sections 120.57(1) and 120.53(5), F.S. 16G GOVERKNG BOARD REGULAR NMETENG OCTOBER 10, 1996 PAGE 5 18. iftsw4latieft ty- , budgeted - (Gent— WATER RESOURCES EVALUATION 20. Authevise re-e feF the'; an ef badge—{�eeet -Aer C-+� ECOSYS"I'EM RESTORATION DEPARTMENT 22. Authorize amending a cooperative agreement with the U. S. Geological Survey to develop and calibrate a hydrodynamic model that will describe the effects of physical processes on the movement of water through the ENR Project to extend the contract by 180 days, with no change in contract amount. (Contract Number C- E6607 -A1) OFFICE OF ENTERPRLSE ENGINEERING 23. Authorize issuing a purchase order for the mnewal of a contract (C91 -2194) with Oracle Corporation for software maintenance for the time period 10/25/96 through 10/24/97 in the amount of $163,156 for which funds are budgeted. (RX X700027) 24. Authorize entering into a contract with Digital Equipment Corporation for hardware maintenance support and disaster recovery service in an amount not to exceed $244,069 of which V6,209 is budgeted for FY1997 with the remainder subject to Governing Board approval of the FY 1998 ($83,657) and FY 1999 ($84,203) budgets. (Conti acct Number -8356) 25. Authorize issuing a purchase order for a one month extension of a contract, C91- 2409, with Ungermsan -Bass for maintenance of computer networidng equipment and software for the time, period 11/1196 through 11/30/96 in the amount of $10,483 for which funds are budgeted (Requisition Number RX X700144). End of Morning Consent Agenda 16G GOVERNING BOARD REGiN -AR MEETLNG OCTOBER 10, 1996 PAGE 6 MORNING DISCUSSION AGENDA DISCUSSION OF ITEIAS PULLED FROM MORNING CONSENT AGENDA Board Members agreed to consider items 13 and 14 together. 13. Authorize amending a cooperative agreement with the ,Florida Game and Fresh Water Fish Comrrd&Aoii for land management services on the D,uPuis Reserve. 14. Authorize arnene[ing a cooperative agreement with the Florida Game and Fresh Water Fish Comrrdssion for management activities within the Southern Glades Wildlife Environmental Aria. Mr. Graham expressed conc:,rn about the amount spent by the District to manage lands it acquires. He said it is not vithin the scope of the DL,,trict's mission to manage lands. Mr. Hammond said there may be some justification for managing lands to benefit water resou,-res. Mr. Reed noted that, in some cases, the management of certain lands is vital for water resource purposes. Mr. Graham suggested that staff schedule a discussion at the January 1997 Board Retreat about bringing this issue to the attention of state legislators. Motion by Mr. Graham to: Authorize amending a cooperative agreement with the Florida Game and Fresh Water Flash Commission for land management services on the DaPais Reserve to renew the contract for one year in the amount of $70,532, which is budgeted for FY97. (Contract Number C91- 2111 -A3) and to: Authorize amending a aK)perative agreement with the Florida Game and Fresh Water Fish Conunission for management activities within the Southern Glades Wild life Environmental Area to extend the contract for one year in the amount not to exceed $74,712, for which funds are budgeted. (Contract Number C91- 2433 -AS) Motion approved. 16G , "I 0OVERNrN0 BOARD REGULAR MEEI'ING OCI'OBER 10, 1996 PAGE 7 19. Authorize enterijV, into a contract with Palmdale (XI Company to serve as a single, master loc k.tender. Ms. Singer said she will vote against approval of this contract. She said the Board gave staff direction in thc: past that District contracts should be structured to allow the work to be s;,atad among multiple small firms. Motion by Mr. Graham to authorize entering into a contract with Palmdale Oil Company to serve as a angle, mater locktender, In the amount of $1,655,060 for a duw,year period, of which $464,150 is budgeted in FY97 and the remaining funds are subject to Governing Board approval of the FY98 ($S55,020), FY" ($555,020) and FY00 ($90,874) budgets (Conti-se Number C- 8550). Motion approved, Aye - Chairman Boyd, Mr. Williamson, Mr. Graham:, Mr. Reed, Mr. Pettfs, Mr. Hammond. Nay - Ms. Singer, Mr. Nlachek. Absent - 14s. Krant. 21. Authorize enuring into a onnUvct with Earth Satellite Corporation, for the development, cali'br'ation, trued validation of a small sole integrated surface and ground water model. Ms. Singer said this firm has not met the District's rrquired participation level for Minority and Women Business Enterprises (MlWBE). She asked why staff is recommending approval of the contract. Dr. Leslie Wedderbiun, Dimctor, Water Resource Evaluation Department, said it is not unusual for an initial proposal by a contractor to have a low MIWBE participation level. He said staff negotiated with the contractor to increase the MlWBE participation, but there are few companies that do this type of work.. Motion by Mr. Reed to sathorize entering into a contrad with Earth Satellite Corporation, for the development, calibration, and validation of a small scale integrated surface and ground water model in the amwmt of $309,514, of which $199,734 is budgeted in FY97, and ile remainder is subject to Gova Wing Board approval of the FY98 ($117,780) budget. (Contract Number C- 7662). Motion approved. Aye - Chairman Royd, Mr. VW'fili,arnson, Mr. Graham, Mr. Reed, Mr. Machek, NLr. Hammond. Nay - Ms. Singer, Mr. Pdids. Absent - Ms. Krant. Ms. Singer said she will bold accountable those staff members who signed off on the Contract or Agrrxment Award Request Form. Mr. Pettis asked that staff Make a strong effort to verify at the earliest point in the contract negotiation process the M/WBE availability for each contract. He said staff should hold firm in the future on the District's M/WBE policy. 16G GOVERNING BOARD REGULAR MEETING OCTOBER 10, 1996 PAGE 8 Mr. Glenn Miller, Attorney, Office of Counsel, noted that, although the District's M/WBE rule went into effect October 1, solicitations for bids and proposals were made prior to that date, consequently, those solicitations cannot require compliance with the MfWBE rule. He also said the Request for Proposals process differs from the Request for Bids process in that the District cannot deem a contractor to be non - responsive for not meeting the M/WBE goal; points arc awarded in the evaluation criteria for firms which provide M/WBE utilization. PUBLIC COMMENT Mr. Jack Stanley, Florida Wildlife Federation, said his agency feels that lands purchased for public use should be open to the public, subject to reasonable regulations. He said the Florida Wildlife Federation supports staff's position on the Public Use Guide. Mr. Jim Krakowski, U.S. Fish And Wildlife Service, presented information on the status of planning efforts by his agency for the Okaloacoochee Slough. Mr. Krakowski said his agency is seeking to have the slough designated a National Wildlife Refuge, with the U.S. Fish and Wildlife Service in charge of managing the area. Mr. Hammond said it would be a tremendous benefit to have the slough managed by the U.S. Fish and Wildlife Service, in partnership with the District. Mr. Bill Malone, Director, Construction and Land Management Department, said staff is pleased that the U.S. Fish and Wildlife Service is interest, -d in managing the slough. He said the District has no agreement yet with any agency to manage the area. Ms. Leah Schad, a former Governing Evard member, noted that the Palm Beach County Cooperative Extension Service and National Audubon Society are hosting a conference on sustainable agriculture to be held October 29 -30. She invited Board members to attend. Mr. Stanley said his organization is not opposed to the management of the Okaloaeoochec Slough by the U.S. Fish and Wildlife Service. He said there seems to be a practice by federal agencies to mstnct public use of public lands. Mr. Stanley urged the District to set strong guidelines for use of lands it acquires. 16G GOVERNNG BOARD REGULAR MEETING OCTOBER 10, 1996 PAGE 9 BOARD COMMENT Ms. Singer congratulated Mr. Reed on being recognized for outstanding service by the League of Conservation. Ms. Singer also commended Ms. Vyke Osmondson, Water Resource Evaluation Department, for being named September's Employee of the Month. Ms. Singer noted that a recent auction of District surplus property netted $280,000. Ms. Singer asked how those funds would be used. Mr. Joe Moore, Director, Office of Budget and Procurement, said the money netted from the sale of the surplus property would go back to the funds that providr J for the equipment in the first place. Ms. Singer suggested that the money be used to fund environmental education projects. Mr, Rend asked for clarification on the Minutes of the September Governing Board Regular Meetings about comments made by Mr. Burkett Neely, Superintendent, Loxahatchee National Wildlife Refuge. at that meeting. Mr. Poole said Mr. Neely was expressing concern that there is not sufficient capacity for drainage in the ACME Bashi B and Indian Trail, and that there may be a call for backpumping into the refuge. Mr. Reed suggested that the District deny drainage permits unless them is sufficient land for drainage and thy: applicant can prove drainage is needed. PUBLIC COMMENT Mr. Charles Lee, Florida Audubon Society, noted the discussion and action taken at the Wednesday. October 9, 1996 Board meeting on recommendations made by the Governor's Commission on a Sustainable South Florida. Mr. Lee asked if the District intends to move forward with the commission's recommendation that regulatory agencies carry out their responsibilities. Chairman Boyd spud the Board is willing to go forward with the framework set by the commission, and is conuninad to using the commission's report to set District policy. 43. REPORT FROM ENVIRONMENTAL ADVISORY COMMITTEE Mr. Jack Stanley, Florida Wildlife Federation, presented the report. A copy of the report is included in the official record of this meeting. 16G GOVERNING BOARD REGULAR MEETING OCTOBER 10, 1996 PAGE 10 Mr. Stanley said the committee adopted a resolution requesting that the Board oppose land use amendments in ,utas that are potential Everglades Preserve Areas, or are adjacent to the Water Conservation / roas in South Florida. Mr. Dan Cary, Director, Planning Department, said the team handling the Re -study of the Central and South Florida Flood Control Project is considering the benefits of a flowway system that would move water north and south within the system. He said some flowway capability could be beneficial. Mr. Cary noted that local governments have been working with the District on this issue and have been very cooperative. Mr. Hammond not:-,d concerns expressed on Wednesday by Mr. Richard Pettigrew, Chairman, Governor's Commission for a Sustainable South Florida, that options are running out quickly as development is pursued in the buffer flowway area. He suggested that the commission might be the tight group to convene District staff and staff from the counties in Southeast Florida to look at an interim plan to deal with the immediate pressure of growth. Motion by Mr. Hammond to request that the (.governor's Commission for a Sustainable South Florida consider appointing an urban subcommittee to specifically look at interim measures that all affected parries could collaborate on to deal with the immediate pressures of growth in the western boundaries adjacent to the proposed water supply areas of Palm Beach, Brnward and Dade counties. Motion approved. PUBLIC SEARING at 9:30 A.M. Chairman Boyd opened the public hearing. CONSTRUCTION AND .LAND MANAGEMENT 26. Consider adoption of amendments to the District's "Public Use Guide for Designated Land Management Areas ". Mr. Fred Davis, Director, Land Stewardship Division, Construction and Land Management Department, presented 'information on this itr;m. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr. Reed to approve adoption of amendments to the District's "Public Use Guide for Designated Land Management Areas," which is incorporated by reference in Rule 40E.7.520, F.A.C. (Docket No. 96 -10). 16G GOVERNING BOARD REGULAR MEETING OCMBER 10, 1996 PAGE 11 Mr. Freddy Fisikelli, Everglades Coordinating Council, said it is important to keep lands open for public mcmation. Motion approved. 27. Approve the purchase of land interests containing 259.99 acres, more or less, in Dade County, Model Lands Basin Project and C -111 North Project. Ms. Betty Blanlonfm, Director, Rral Estat-- Division, Construction and band Management Department, prrese:nted information on this item. A copy of the material used in her presentation is included in the official record of this meeting. Mr. Rend asked that staff present a briefing paper at the November workshop in Homestead on how Dade S -ounty will usc: bond money to accelerate the purchase of model lands. Motion by Mr. Reed to approve the purchase of land interests containing 259.99 acres, more or less, in Dade Comity, Model Lands Basin Project and C -111 North Project, and authorize a resointion to the Department of Environmental Protection requesting reimbursement for t.*rese ac:quWtions and associated costs. Motion approved. Board members agreed to consider items 28, 29, and 31 together. 28. Approve the purcliswe of land interests containing 1.52 acres, more or less, in Polls County, Kissimmee Chain of Lakes Project. 29. Approve the purchase of land interests containing 12.38 acres, more or less, in Okeechobee County, Pool D, Kissimmee River Restoration Project. 31. Approve the purchase of land interests containing 15.18 acres, more or less, in Dade County, Southern Glades (C -111) Project, Ms. Blankman presented information on these item items. A copy of the material used in her presentation is included in the official record of this meeting. Motion by Mr. Reed to: GOVERNING BOARD REGULAR MEETING OCTOBER 10, 1996 PAGE 12 16G Approve the purchase of land interests containing 1.52 acres, more or less, in Polk County, Kissimmee Chain of Lakes Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. to: Approve the purchase of bind interests containing 12.38 acres, more or less, in Okeechobee Comity, Pool D, Kissimmee River Restoration Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and assodated costs. and to: Approve the purchase of land interests containing 15.18 acres, more or less, in Dade County, Southern Glades (C -7.11) Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated cost.;. Motion approved. 30. Approve the ptu-^: hnse of land interests containing 387.88 acres, more or less, in Okeechobee County, Pool D, Kissimmee River Restoration Project, and authorize a resolution to the Depawtment of Environmental Protection requesting reimbus°sernent for this acquisition and associated costs. This item was deleted. 32A. Federal Assistance (Funding Agreement) Application Process Ms. Joan Lawrence, Assistant General Counsel, Office of Counsel, said negotiations on this issue are at an impasse. She reported on the status of the process and explained the reasons for the impasse. A copy of the material used in her presentation is included in the official record of this meeting. Ms. Lawrence said the main obstruction to progress is the lack of a reasonableness standard in the application language dealing with the suitability of property acquired with the funds. Mr. Reed said this process; must be a joint effort among federal agencies and the District. 16G GOVERNING BOARD REGULAR ]MEETING OCTOBER 10, 19961 PAGE 13 Motion by Mr. Reed to give the Board Chairman and the Executive Director direction to work with the Secretary of the U.S. Department of the Interior within die next 30 days to arrive at language duct includes the reasonableness standard described by staff, and to delegate approval authority to the Board Chairman if such language is accepted, including the proposed applications under items 32B and 33. Motion approved. 32B. Approve an Application for Federal Assistance and Grant Agreement for the acquisition of 1,233 acres, more or less, in Palm Beach County. Mr. Charles R. Rinaldi, Deputy Director; Land - Construction & Land Management Department, asked that this acquisition, and the acquisition proposed under item 33, be included in Mr. Reed's motion concerning the negotiation over the reasonableness issue in item 32A. Mr. Rinaldi presented information on item 3213. A copy of the material used in his presentation is included in the official record of this meeting. Motion, by Ms. Singer to approve an Application for Federal Assistance and Grant Agreement for the acquisition of 1,233 s:c vs, more or lens, in Palm Beach County, Water Management Area, Everglades Agricultural Area, State of Florida Agricultural Area, State of Florida Everglades Restoration Project, Larry Carroll et al., property owners, and to delegate approval authority to the Board Chairman if agreement can be reached on language referreA to in item 32A. Motion approved. 33. Approve an Application for Federal Assistance and Grant Agreement for the acquisition of 2,241 acreA more or less, in Broward, DL-de and Palm Beach Counties. Mr. Rinaldi presented information on item 33. A copy of the material used in his presentation is included in the official record of this meeting. Motion by Mr. Graham to approve an Application for Federal Assistance and Grant Agreement for the acquisition of 2,241 acres, more or less, in Broward, Dade and Palm Beach Counties, East Coast Buffer Strip, State of Florida Everglades Restoration Project, Solid Waste Audw,rity, Chambers Estate, Country Lakes, L.P. and PBRC, Inc., property owners, and to delegate approval authority to the Berard Chairman U agreement can be reached on language referred to in item 32A. Motion approved. GOVERNING BOARD RFr-AA,AR MEETING OCTOBER 10, 1946 PAGE 15 Motion by Mr. Reed to authorize the Executive Director, or his designee, to request the U.S. Army Corps of Engineers to file eminent domain proceedings in Federal District Court for the acquisition of Tract No. KCOL 072 -+002, as identified in Exhibit "B ", located in Osceola County, Fiorida, Kissimmee Diver, Florida Project. Motion approved. 38. Approve the purchase of land interests containing 93.0 acres, more or less, in Oscx*la County, Kissimmee Chain of Lakes Protect, and authorize a resolution to the Department of ;EnviraninenW Protection requesting reimbursement for thhis Acquisition and associated costs. Thic item was deleted. 39. Approve the purchase of land interests containing 480 acres, more or less, located in Palm Bec11 Cosa: ,, Everglades Construction Project 3, STA -2, and approve the purchase of laws( interests containing 1,233.18 acrd, more or less, located in Palm Beach County, Water Management Area Project, and authorize a resolution to the United States Department of the Interior for the acquisition and associated costs. Mr. 'William F. Malone, Director, Construction &Land Management Department, presontcd iuzormation on this itt.m. A copy of the material used in his presentation is included in the official record of this inteting. He said staff is seeking conceptual approval and will bring the contract back to the Board in November for consideration. Motion by Mr. Reed to approve in concept the purchase of land interests containing 480 acres, more or less, located in Palm Beach County, Everglades Construction Project 3, STA -2, and approve in concept the purchase of land interests containing 1,233.18 acres, more or less, located in Palm Ika&, County, Water Management Area Project, and authorize a resolution to the United States Department of the Interior for the acquisition and associated costs. Motion approved. 40. Approve and adopt sa resolution authorizing eminent domain proceedings for the acquisition of certain lands in Palm Beach County, Everglades Construction Project (STA -2). This item was deleted. 16G 16G GOVERNMG BOARD REGULAR MEETING OCTOBER 10, 1946 PAGE 16 41. Purchase of land interests in Hendry County, Everglades Construction Project (STA -S) A. Approve the purchase of land interests containing 3,840 acres, more or less. B. Approve the purchase of land interests containing 3,897.12 acres, more or *9ess. Mr. WiWarn F. Malone, Director, Construction & Land Management Department, presented information on this item. A copy of the material used in his presentation is included in th-- official record of this meeting. Mr. Malone said the Okeelanta CorporaCon has notified the District that it has an interest in this acquisition be4mL sc of a grinding contract it has with A. Duda & Sons, who currently leases the property through April 1, 2002. Mr. Mahone said staff feels that this is an issue between Ok.,,elanta and Duda, and should not involve the District. He proposed that the Board approve the acquisitions, subject to resolution of this issue.. Motion by Mr. Graham, sub;ect to resolution of the claim of Okeelanta Corporation, to. A. Approve the pruehase of land interests containing 3,840 acres, more or less. B. Approve the purchase of land interests containing 3,897.12 acres, more or Isis. Mr. John Little, representing Okeelanta Corporation, said the grinding contract with A. Duda & Sons provides that the land will be used to grow sager cane, which will be delivered to Okeelanta through 2001 and 2002. He said the contract goes with the land. Mr. Little said his company is willing to work out a solution to this issue. Mr. Mike Botos, Okeelanta Corporation, said the interests of Duda are transferrable with the land. Ms. Singer asked why the cost of acquiring the 3,840 acres exceeds the appraisal by 20 percent. Ur. Malone said the lands are required under the Everglades Forever Act. He said the price is staff's best effort to negotiate the purchase. 41B. Ms. Singer said she is uncomfortable with acquiring improved lands as part of item GOVERNING BOARD REGULAR NUMM NG OCTOBER 10, 1996 PAGE 17 Motion approved. 42. Consider acquisition of SOR lands. Mr. Malone said staff has nothing to report under this item. End of Public Hearing Chairman Boyd closed the public hearing. 44. OMBUDSMAN'S REPORT This item was discussed at the Wednesday, October 9, 1996 Governing Board Meeting. MORNING DISCUSSION AGENDA MANAGEMENT~ SERVICES - KL MAN RESOURCES 45. Authorize, entering into a contract with Southeastern Resources, Inc. for leased workers at rates to be determined for a three year period. Chairman Boyd nouA that this item was discussed, but not voted on, at the Wednesday, October 9, 1996 Governing Board Meeting. Motion by Ms. Singer to authorize entering into a contract with Southeastern Resources, Inc. for leased workers at gates to be determined for a three year period, in amounts not to exceed funds budgeted sLnd approved by the Governing Board for FYs 97, 98, and 99. (Contract Number C- 8379). Motion approved. 46. Discussion of Exemdve Director's performance review and reeonunendation for salary adjushnent. Ms. Sandra Tumquest, Deputy Director - Administration, Management Services Department, presented information on this item. A copy of the material used in her presentation is included in the official record of this meeting. Ms. Turnquest said staff recommends that the Executive Director's salary be adjusted to include a 3.90 percent increase, which is the average District increase. 16G 16G GOV ANFING BOARD REGULAR K=4G OCTOBER 10, 1995 PAGE 18 Ms. Singer commended Mr. Poole for his leadership of the District Motion by Ms. Singer to approve a 4.0 percent increase in the annual salary of the Executive Director. Motion approved. PLANNING DEPARTMI?NT 47. Update on the Water Preserve Area Land Suitability Analysis Mr. Dan Cary, Director, Planning Department, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Jim Ka,-as, Director, Browvard Service Center, said local governments have been very cooperative on this isT~ e. lie said local government officials are asking that the District identify which areas will b- for the Water Preserve, Areas. Mr. Poole said staff is proposing to appear before the Broward County Commission in November to remove the District's objection to the Bergeron tract land use amendment, as long as tM proposed development meets the District's standards. Ms. Krant said staff should make it clear that the District is not endorsing increasing the density of development in Lyle area, and is only withdrawing its objection to the land use amendment as it pertains to water issues. Mr. Pettis said he is concerned that the District is limiting its options for obtaining Water Preserve Area lands by not specifying what the "footprint" of the area will be. He said staff should specify what lands will be included in the "footprint" of the Water Preserve Area and maintain the integrity of the "footprint ". Mr. Cary said staff will present the analysis to the Land Selection Committee and report back to the Board with a recommendation for the Water Preserve Area "footprint ". Ms. Rosa Dtuwdo, Audubon Society of the Everglades, said the issue of development within the proposed Wattir Supply Area should be addressed as a regional problem, affecting Palm Beach, Browned, and Dade counties. She also urged the District to look closely at water quality problems thAt may be involved in this issue. Ms. Nanciann Regalado, National Audubon Society, said she is concerned about staff's proposal to withdraw its objection to the land use amendment. She said increased density in the proposed Water Preserve Areas is a problem and withdrawing the objection will send a mixed message to local governments. Mr. Charles Lee., Florida Audubon Society, said the District should take an, aggressive approach to acquiring lands in the Water Preserve Area. 1 bG 0OVERNWG BOARD REGULAR MISTING OCTOBER 10, 1996 PAGE 19 Mr. Dennis Mele, mpmsenting Menorah Gardens Cemetery, said the cemetery should not be included is in the Water Preserve Area. Mr. Cary said staff recognizes the problem and has removed the cemetery from the proposed arts Ms. Barbara Marklmin, General Counsel, said action by the Board on whether to direct staff to withdraw its objection to the land use amendment was not placed on the agenda for today's meeting. SM- noted that the Broward County Commission will consider the land use amendment on the same day as the Board meeting in November. Ms. Markham recommended that the Board agenda this issue for early in the day at its regular November meeting. Board members agrccd. Mr. Recd said he dues not support any plan that increases the density near the Water Preserve Area. PLAININIlVG AND ItEGUI:..ATION RIEPAJRTMiI.NIS 48. Sunset Lakes Project A. Consideration of an agreement that sets forth the negotiated water management conditions which resolved District objections to the Broward County comprehensive land use plan amendment. B. Consideration of a request by Atlantic Gulf Communities for issuance of a Surface Water Management Conceptual Approval and a Construction and Operadon permit for Sunset Lakes in Broward County. Mr. Jim Jackson, Senior Planner, Planning Department, presented information on this item. A copy of die materii -d used in his presentation is included in the official record of this meeting. Motion by Mr. Graham to: A. Approve an agreement that sets forth the negotiated water management conditions which resolved District objections to the Broward County comprehemdire land use plan amendment for the Sunset Lakes Projea B. Approve a request by Atlantic Gulf Communities for issuance of a Surface Water Management Conceptual Approval and a Construction and Operation permit for Sunset Lakes in Broward County, including dedication of a conservation and flowage easement to the District. Motion approved. 16G - 021 GOVERNING BOARD REGULAR IviEEi'ING OCTOBER 10. 1996 PAGE 20 Board members mturned to consideration of item 36. PUBLIC HEARING Chairman Boyd re- opened the public hearing. 36. Approve the purchase of land interests containing 129.015 acres, more or less, in Broward County, East Coast Buffer Project, Motion by Ms. Singer tc► approve the purchase of land interests containing 129.015 acres, more or less, in Broward County, East Coast Buffer Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for this acquisition and associated costs. Motion approved. Chairman Boyd closed the public hearing. REPORT FROM TIM EXECUTIVE DIRECTOR 49. Water Management Highlights This item was presented at the Wednesday, October 9, 1996 Board meeting. 50. Governing Board Follow -up Items A. Follow -Up Report B. Statws of M/-WBE Program recommendation to seek statutory percussion to establish a revolving fund for working capital on Disb ict projects This item was presented at the Wednesday, October 9, 1996 Board meeting. 52. Update on Everglades Litigation. This item was presented at the Wednesday, October 9, 1996 Board meeting. 16G GOVERNING BOARD REGULAR IvUSTJNG OCTOBER 10, 1996 PAGE 21 End of Morning Discussion Agenda AFTERNOON AGENDA APPROVAL: 2:00 P.M, A. Additions, Deletioms, Substitutions Ms. Terrie Bates, Director, Regulation Department, noted the following changes handed out as additional backup to Items 53 and 54 of the Afternoon Consent Agenda: R1,�HT OF WAY OCCUPANCY Florida Department of Transportation (page 2, paragraph 2): Postponed to Novcmbrr 14 Board PERMIT APPLICATIONS Surface Water Management Homestead .4ar Force Base (page 7, paragraph 5): Postponed to November 14 Board Water Use GPTVJA Pubic Water Supply System (page 10, paragraph 6): Postponed to November 14 Board Lowell Property (page 11, paragraph 7): Postponed to November 14 Board Bishop and Buttrey Borrow Pit 48 (page 14, paragraph 4): Added to be consid -,red concurrently with ERP, subject to no objections by October 22 Circuit CourtI, Suit Town of Palm Beach (page 21, paragraph 1): Postponed to November 14 Board GOVERNING BOARD REGULAR MEECING OCTOBER 10, 1996 PAGE 22 Consent Order Sylvan Zemel, et al., City of Fort Myers, Lee County, and State of Florida Department of Management Services (page 23, paragraph 1): Postponed to November 14 Board Petition Ford Florida Evaluation Center (page 24, paragraph 1): Added In addition, the following change was made to the Afternoon Discussion Agenda: Item 56: Capella/G L Homes (ERP): Accept petition for administrative hearing from Rosa Durando and Audubon Society of the Everglades and transmit to DOA.H B. Abstentions There were no abstentions. G Pull Itens for Discim don No items were pulled. D. Motion to Approve; Afternoon Consent Agenda Motion by Mr. Reed to approve the Afternoon Consent Agenda. Motion approved. The following items were approved as part of the Afternoon Consent Agenda. A- MRNOON CONSENT AGENDA: ].REGULATORY MATTERS 53. Consideration of Consent Agenda for Governing Board approval which includes Cons ruction and Lamm. Management items: Right of Way Occupancy Permit Applications Right of Way Occupancy Permit Modifications Right of Way Occupancy Waivers of District Criteria Right of Way Ok,-:upancy Permit Applications for Approval Under Amnesty Program 16G 16G GOVUNNG BOARD REGULAR N EEflNG OCTOBER 10, 1996 PAGE 23 54. Consideration of Consent Agenda for Gove, -=g Board approval which includes Regulatory items: Water Use Permit Applications Surface Water hianagement Permit Applications (including Conservation Easements) Environmental Resource Permit Applications (including Conservation Easements) SWIM Works of' the District Permit Applications Surface Water lvta.nagement Permit Extensions Circuit Court Suits Consent A.gmemcat Amendments Consent Orders End of Afternoon Consent Agenda AFTERNOON DISssj, SSION AGENDA: REGULATORY MATTERS CONDITIONAL 20 -YEAR DURATION INDIVIDUAL WATER USE PERMIT 55. Cormides a request by Florida Design Communities, Inc. for the issuance of a Conditional 20 -gear Duration Individual Water Use Permit for Gulf Harbour Yacht and Country Climb, Lee County. Mr. Wm. Scott Burrs, Director, Water Use Division, Regulation Department, presented information on this item. A copy of the material used in his presentation is included in the official record of this meeting. Mr. Burns said staff reo)mmends approval. Motion by Mr. Reed to approve a request by Florida Design Communities, Inc. for the issuance of a Conditional 20 -Year Duration Individual Water Use Permit for Gulf Harbour Yacht and Country Club, Lee County. Ms. Singer said staff should continue to bring long term permit applications to the Board for Discussion. Motion approved. 1b4 GOVERNING BOARD REGULP.FY, MEEITNG OCTOBER 10, 1996 PAGE 24 ENVIRONNIEPVTA.L RESOURCE PERMIT 56. Consider a request b, Y Capella Enterprises/G L Homes for the issuance of an Environmental Resource Permit for conceptual approval for Capella, Palm Beach County. Ms. Terrie Bates, Dim-.tor, Regulation Department, said staff has received a petition requesting that this case be scent to the Division of Administrative Hearings (DOAH). She said staff recommends that the Board accept the petition and transmit the case to DOAH for an administrative hm-ing. Motion by Mr. Reed to accept stair. s recommendation that the Board accept the petition and transmit the m,%e to DOAIT for an adrrrinisb-ative hearing. Mr. Kea Ammon, Deputy Director, Regulation Department, presented information on this item. A copy of the materisl used in his presentation is included in the official record of this meeting. Ms. Elaine Ushcrson, The Sierra Club, asked that the Board defer action on this item. his. Rosa Durando, Audubon Society of the Everglades, urged the Board to forward the petition to DOAH. Ms. Sue 3ewcll, Lox.ahatchee National Wildlife Refuge, expressed concern about the Capella development. Sb.e said refuge officials are not convinced that the seepage issue will be resolved, and are concerned about refuge security if the permit is approved. Mr. Steve Simmons, TEie Sierra Club, said his organization supports staff's recommendation to transmit the case to DOAH. Motion approved. SURFACE WATER MANAGEMENT PERMIT DENIAL 57. Consider a request by Quaff! West Limited for a Surface Water Management Permit Modification for Quail West/Phases I, II, III, Collier County Ms. Terrie Bates, Director, Regulation Department, said the applicant has requested that this item be deferred. Board members agreed. End of Afternoon Agenda 16G GOVERNING BOARD REGULAR MEETING OCTOBER 10, 1996 PAGE 25 MORNING DISCUSSION AGENDA 51. Update on Everglades Construction Project Mr. Miller Andress, Manager, Everglades Construction Project, presented the update. A copy of the material used in his presentation is included in the official record of this meeting. 'Mr. Phil Parsons, representing the Florida Sugar Cane League, said his client is concerned about r:ports that indicate Un a possibility of a funding shortfall for Phase I of the Everglades Constniction Projcc:t. He said that report should be verified. Mr. Parsons said the District is taking more Everglades Agricultural Area (EAA) land than will be needed to clean phosphorus to the target levels. He said Phase a of the project assumes that phosphorus levels from articultural lands will be 150 parts per billion (ppb). He said agriculture bare &L-eady cleaned water coming from its lands to 90 ppb. He said the target levels should be adjusrxc to reflect that. Mr. Bill Grern, mpmsenting the Sugar Carte Growers Cooperative of Florida, agreed with Mr. Parsons. Mr. Charles Lrr, Florida Audubon Society, said there is no evidence to show that the lower phosphonus levels Are caused by Best Management Practices in the EAA. He said the lower phosphorus levels am still far from the levels needed to achieve the natural background levels for the Everglades. Ms. Sue Jewell, Loxahatchee National Wildlife Refuge, said phosphorus target levels are being met, but there are some excxedencts. She said no exceedences are acceptable to the refuge. Mr. Poole said, based on staff s best analysis, there will be a $22 million shortfall for the ECP Phase I project funding ;. Mr. Bill hWone, Di ecu)r, CrAtst action and Land Management Department. moped that staff asked the Board at the Final Budget Adoption Hearing for permission to wait until passage of the Water Re urce Development Act before beginning negotiations for avgaasi000 of Stormwater Treatment Area t East lands. He said that legislation has now paused, aad staff will proceed with negotiationst to acquire land in that area Board members agreed. 166 GOVERNING BOARD REGULAR MEETING OCTOBER 10, 1996 PAGE 26 Mr. Poole noted that a Memorandum of Understanding concerning the program to expedite permitting for agriculture operations has been sent to Ms. Virginia Wetherall, Secretary, Department of Environmental Protection, and Mr. Bob Crawford, Secretary, Department of Agriculture. Mr. Reed asked that staff provide an example describing how the streamlined permit procedures compare to the regular permitting procedures. ADJOURNN ENT There being no further business to come before the Board, the meeting was adjourned at 3:00 pm. 16G South Florida Water Management District GO`rIERNING BOARD MEETING Open to the Public AGENDA GOVERNING BOARD MEETING Thursday, November 14, 1996 8 :30 A.M. B -1 Auditorium 3301 Gun Club Road West Palm Beach, (Florida Note: Any item which appecrs on the Meeting Agenda of Wednesday, November 13, 1996, may be an item for discussion or action on this Meeting Agenda. All or part of this meeting may be conducted as a teleconference in order to permit maximum participation of Governing Board Members. CALL TO ORDER A. Invocation: Kris Garrison S. Pledge of Allegiance to the Flag of the United States of America C. Presentations: • 1996 Habitat Restoration Award by Florida Association of Environmental Professionals - Tom Kosier, Bob Martens, Delia Ivanoff, Ken Perla, Jim Cotton, Jack Hardee D. Approval of the Minutes of the Governing Board Meeting of, October 9, 1996 and the Governing Board Regular Meeting of October 10, 1996. MORNING AGENDA APPROVAL A. Additions, Deletions, Substitutions B. Abstentions GOVERNING BOARD MEETING SCHEDULE 1. Consider Schedule for Upcoming Meetings. 2. Consider agenda for December Workshop. 1 6G GOVERNING BOARD REGULAR MEETING NOVEMBER 14, 1996 PAGE 2 COMMITTEE REPORTS 3. Accept the Audit Committee Report, including recommended actions. MORNING CONSENT AGENDA Note: The Soard may not wish to discuss ttx:se items indiMualty and may approve them as a group. Anyone wishing to sf eak on one of these issues should complete a speaker card and submit it to the District mprosentab" in the Iobby prior to on wderation of the Consent Agenda. This will permit the Chakman to pug such awns for inddivk* rat discussion Iafer on the agenda. A. Pull items for discussloro. B. Motion to Approve the Consent Agenda except for Items pulled for discussion. (Items pulled WE be considered by the Board under the Discussion agenda) BUDGET OFFICE 4. Approval of Budget Transfers. OFFICE OF COUNSEL 5. Aurthortze amending a contract with Arnold M. Weiner, Esq., for legal representation in :youth F- Iorida Water Manac ment District v. Davis, etal.. to increase funding, in the amount of $50,000, for which funds are budgeted [C-7244- All. 6. Authorize- amending a contract with Deighan Appraisal Associates, Inc., retroactive to September 5, 1996 for appraisal services in support of the District's litigation position in SFWMD v. York/Davis, to increase funding in the amount of $36,000, for which funds are budgeted. (Contract No. C- 7346 -A2). 7. Authorize entering into a contract with the law firm of Eckert Seamans Cherin & Mellott for legal ser 4ces and representation in support of the District's Minority and Women Business t:nterpdsa Contracting Rule and the overall implementation of the District's Supplier Diversity and Outreach Program in the amount of $25,000, for which funds are budgeted (G- 8220). 8. Authorize the filing of appropriate counter - claims) against Mario Pino and appropriate claims against Ubaldo Blanco relating to the illegal construction of a single family residence within the District's Right -Of -Way (Dade County, C -4). (Circuit Court Case # 96- 21473). 16G GOVERNING BOARD REGULAR MEETING NOVEMBER 14, 1996 PAGE 3 MIAMI DADE REGIONAL SERVICE CENTER 9. Authorize amending a contract with the Metropolitan Dade County Department of Environmental Resources Management to construct a residential graywater reuse demonstration to extend the contract for 24 months at no additional contract cost. (Contract No. 6111 A -2). BROWARD SERVICE CENTER 10. Authorize entering into a cooperative agreement with the City of Ft. Lauderdale to provide financial assistance for the construction of a drinking water aquifer storage and recovery facility in the amount of $300,000 for which funds are budgeted (Contract No. C- 6853). 11. Authorize entering into a cooperative agreement with Broward County for the purpose of providing financial assistance in support of the design, permitting, construction and monitoring of a Reclaimed Water Delivery System for the isolated cypress area located on the Broward County North Regional Wastewater Treatment Plant property, using the plant's reuse water, in the amount of $97,020, for which funds are budgeted. (Contract No. C -8851) MARTIMST. LUCIE SERVICE CENTER 12. Authorize entering into a cooperative agreement with St. Lucie County Utilities to provicis financial assistance in support of the implementation of the extension of the North Hutchinson Island reclaimed water main system in the amount of $50,200, for which funds are budgeted (Contract No. C- 8863). 13. Authorize entering into a cooperative agreement with St. Lucie County Utilities to provide financial assistance in support of the implementation of the extension of the South Hutchinson island reclaimed water main system in the amount of $300,000, for which funds are budgeted (Contract No. C- 8864). 14. Authorize entering into a cooperative agreement with the St. Lucie West Services District (Services District) to provide financial assistance in support of the construction of a side stream treatment system in the amount of $85,000, for which funds are budgeted (Contract No. C -8W7). GOVERNING BOARD REGULAR MEETING NOVEMBER 14, 1996 PAGE 4 OKEECHOEEE SERVICE CENTER 15. Authorize entering into a reimbursement agreement with the Florida Department of Transportation (FDOT) for the development and implementation of the Florida National Scenic Trail - Lake Okeechobee Segment along the Herbert Hoover Dike in Hendry, Glades, and Okeechobee Counties, in the amount of $3,800,000 of which $445,000 is budgeted for FY 97 and the remainder is subject to Governing Board approval of the FY 0-3, FY 99, FY 2000, and FY 2001 budgets. (Contract No. C- BB20). 16. Authorize entering into a cooperative agreement with the Okeechobee Utility Authority, retroactive to October 1, 1996, to provide financial assistance in support of the implementation of the expansion of an agricultural reuse system in the amount of $260,(100, for which funds are budgeted. (Contract No. C- 8822). 17. Authorize entering into a cooperative agreement with Glades County, retroactive to October 1, 199:3), to provide financial assistance in support of the implementation of a 90,000 gallons per day expansion of a domestic waste reuse system, in the amount of $300,000, for which funds are budgeted. (Contract No. C- 8823). 18. Authorize amending a cooperative agreement with the Okeechobee Utility Authority (OUA) for the planning, administration and operation of the Authority for an eight (8) month time extension retroactive from September 30, 1996, at no additional cost to the District. (C- 7123 -A1) FORT MYERS SERVICE CENTER 19. Authorlrs entering into a cooperative agreement with the Gulf Utility Company for the implementation of a reuse mixing system to provide aftemate sources for irrigation and preaserve potable water resources in the amount of $300,000, for which funds are budgeted (RFP C -7793, Contract 0-8811). CONSTRUCTION AND LAND MANAGEMENT DEPARTMENT 20. Approve staff recommendations for releases of District canal, mineral and road reservations, releases of T.I.I.T.F. canal reservations and issuances of non -use commitments. 1bG 16G GOVERNING BOARD REGULAR MEETING NOVEMBER 14, 1996 PAGE 5 21. Authorize a change order for a contract with Florida Metal Industries, Inc. for the B -1 Headquarters Building Storm Shutter Installation, to motorize the roll -up shutters In the amount not to exceed $218,000, which is unbudgeted, and authorize a budget transfer from District Contingency Reserve Fund to B -1 Headquarters Building Storm Shutter Installation, and extend the contract by thirty (30) calondar days. (Contract No. C -7040, C.O. #1) OPERATIONS AND MAINTENANCE DEPARTMENT 22. Approve a Resolution advising the Department of Environmental Protection of the intended u Se of funds from the water management lands trust fund to reimburse for costs associated with managing aquatic plants pursuant to the 1996 Lake Kissimmee Extreme Drawdown Environmental Enhancement Project. WATER RESOURCES EVALUATION 23. Authoriz;a entering into a contract with GFA International for the installation of eighteen monitoring wells at the ENR Project and three monitoring wells at the L- 39 levee to measurA groundwater fluxes, in the amount of $115,000, for which funds are budgeted (Contract No. C- 7679). ECOSYSTEM RIESTOR/ITION DEPARTMENT 24. authorize amending a cooperative agreement with the National Oceanographic and Atmospheric Administration (NOAH) for analyses of Water Conservation Area soil cores in detemiining sorption strength in organic soils to revise the deliverable schodule and retroactively extend the contract by 365 days, at no additional contract cost [RANI -5] (Contract No. C- E5324 -A2). i_nd of Moming Consent Agenda PUBLIC COMMENT (Maybe moved to follow Putflk: Hearing) Oppon rWy for members of the public to discuss matters of AWarest which are not on the agenda. PUBLIC HEARING at 9 :30 A.&I. Note: The Boani will discuss these items individually in the order listed. 16G , GOVERNING BOARD REGULAR MEETING NOVEMBER 14, 1996 PAGE 6 REGULATION 25. Consider Adoption of Amendments to Chapter 40E-4, F.A.C., and the Basis of Review for Environmental Resource Permit Applications, to Improve Regulation of Melaleuca- Dominated Wetlands by Establishing Mitigation Ratios Based on Percent Coverage of Melaleuca in Wetlands, and Providing an Incentive Program for Landowners to Remove Melaleuca. (Docket No. 96 -4) Robert Robbins, Director, Natural Resource Management Division 26. Consider adoption of amendments to Chapters 40E -61 and 40E -63, F.A.C., to establish requirements of the Everglades Agricultural Area (EAA) comprehensive program of research, testing, and implementation of BMP's; and to clarify permit renewal procedures. (Docket No. 96-6) (15 min) Paul Whalen, Manager, Everglades Regulation CONSTRUCTION AND LAND MANAGEMENT 27. Approve the purchase of land interests containing 106.63 acres, more or less, in Dade County, Model Lands Basin Project and C -111 North Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for these acquisitions and associated costs. Charles R. Rinaldi, Deputy Director, Land - Construction & Land Management 28. Approve the purchase of land interests containing 2.26 acres, more or less, in Polk County, Kissimmee Chain of Lakes Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for these acquisitions and associated costs. Charles R. Rinaldi, Deputy Director, Land - Construction & Land Management 29. Authorize the Executive Director, or his designee, to request the U. S. Army Corps of Engineers to file eminent domain proceedings in Federal District Court for the acquisition of certain tracts within Tiger Lake - KCOL, containing 225.46 acres, more or less, as identified in Exhibit 813% located in Polk County, Florida, Kissimmee River Headwaters Revitalization Project. Charles R. Pinaldi, Deputy Director, Land - Construction & Land Management 16G GOVERNING BOARD REGULAR MEE71NG NOVEMBER 14, 1996 PAGE 7 30. Approve the purchase of land interests containing 142.63 acres, more or less, in Broward County, East Environmental Protection requesting ei resolution Department of En reimbursement t o these acquisitions and associated costs. Charles R. Rinaldi, Deputy Director, Land - Construction &Land Managerrrent 31. Approve the purchase of land interests containing 1730 acres, more or less, in Broward County, l=ast Coast Buffer Project, and authorize a resolution to the Department of Ervironm�ental Protection requesting reimbursement for these acquisitions and associated costs. Charles R. 13inaldi, Deputy Director; Land -Construction &Land Managom 4nt 32. Approve modifications to Agreement with Alico, Inc., to purchase land interests, containing 21,702 acres, more or less, located in Hendry and Collier Counties, Oka;o`coochee sioui;hProject i, and ratify elated appurtenances agnces allowing aftelr Circle L Ranch to lei closing. Charles R. Rinaldi, Deputy Director, Land - Construction & Land Management 33. Approve a resolution regarding the removal of land to be acquired from Alico from private operative drainage agreement. Charles R. Rinaldi, Deputy Director, Land - Construction & Land Management 34. Approve the purchase of land interests containing 1,428.62 aces, more or less, located in Osceola and Polk Counties, Kissimmee Chain of Lakes Project, and authorize a resolution to the Department of Environmental Protection requesting reimbursement for t1iis acquisition and associated costs. William, F. Malone, Director - Constnction & Land Management 35. Approve and adopt a resolution authorizing eminent domain proceedings for the acquisition of certain Lands in Hendry County, Everglades Construction Project (STA -5). William F. Malone, Director - Construction & Land Management 16G GOVERNING BOARD REGULAR MEETING NOVEMBER 14, 1996 PAGE 8 36. Approve the purchase of land interests containing 480 acres, more or less, located in Palm Beach. County, Everglades Construction Project (STA -2), and approve the purchase of land interests containing 1,233.18 acres, more or less, located in Palm Beach County, Water Management Area Project, and authorize a resolution to the UnRed States Department of the Interior for the acquisition and associated costs. William F. Malone, Director - Construction & Land Management 37. ,Approve and adopt a resolution authorizing eminent domain proceedings for the acquisition of certain bands in Palm Beach County, Everglades Construction Project (STA -2). William F. Malone, Director - Construction & Land Management 38. Approve the Amendment to the Agreement for Sale and Purchase for Mufti -Turf Farm 1, dated September 9, 1993 regarding the escrow for environmental assessment and ren, ediation costs. Iill+am F. Mak4ie, Director - Construction & Land Management 39. Approve the Amendment to the Agreement for Sale and Purchase for the Kissimmee Prairie property with the Latt Maxcy Corporation, dated April 10, 1996 regarding environmental cleanup. William F. Malone, Director - Construction & Land Management 40. l.onsfder acquisition of SOR lands. End of Public Hearing PUBLIC COMMENT (May be wntinued at this time if not complete prior to the Public Hearing.) BOARD COMMENT Opportunity for Board members to discuss matters of interest which are not on the agenda. 41. OMBUDSMAN'S REPORT MORNING DISCUSSION AGENDA Note: The Board will discuss these items individually in the order listed. 16G GOVERNING BOARD REGULAR MEETING NOVEMBER 14, 1996 PAGE 9 DISCUSSION OF ANY ITEMS PULLED FROM MORNING CONSENT AGENDA PLANNING DEPARTMENT 42. Status Report on the Upper East Coast Water Supply Plan (15 minutes) Teonry Clark, Director, Upper Fast CoastlKissimmee Division, Planning Department 43. Reconsider Bro*zrd County Land Use Amendment Proposal No. PC 96-10; and withdraw; previcusly raised objections, provided certain conditions are made binding on the amendment. (15 minutes) Dan Cary, .Director, Planning Department 44. Approve an informal amendment to the adopted Biscayne Bay Surface Water Improvement and Management Plan (1995) to align two projects with contemlx>raneous issues. (15 minutes) Rick Alleman, :senior Fnvirwmental Scientist, Penning Department MIAMI DADE REGiONAL SERVICE CENTER 45. Authorim) ent3rir%g into a three (3) year zero dollar Memorandum of Agreement with Metro-Dade County Department of Environmental Resource Management DERM) for the implementation of the 1997 Biscayne Bay SWIM projects as mandated by the Legislature of the State Of Florida in the 1996 -7 General appropriations Act. (Contract Number C: -8838) (15 minutes) Julio Fa.njul, Director, Miami Dade Regional Service Center 46. Authorize, entering into a three (3) year cooperative agreement, subject to Florida Department of Environmental Protection approval, with Metro-Dade County Department of Environmental Resources Management (DERM) in the budgeted amount of $987,000 for implementation of 1997 Biscayne Bay SWIM projects as mandated by the Legislature of the State Of Florida in the 1996 -7 General appropriations Act, and authorize a budget transfer from Reserves to the Miami - Dade Regional Service Center in the amount of $987,000. (Contract Number C- 88.37) (15 minutes) Julio Fanjul, Director, Miami Dade Regional Service Center 16G GOVERNING BOARD REGULAR MEETING NOVEMBER 14, 1996 PAGE 10 REGULATION 47. Authorize Initiation of Rulemaking and Approve the Publication Draft of Rule Amendments to Chapters 40E -2, 40E -20, and 40E -23, F.A.C., and the Basis of Review for Water Use Permit Applications Pertaining to Basin Expiration Dates for Individual Irrigation Use Class Water Use Permits and the Extensions of these Expiration Dates for Permits Located Within the Upper East Coast and the Kissimmoe Water Use Basins. (Docket No. 97 -2) William Scott Burns, Director, Water Use Division ECOSYSTEM RESTORATION DEPARTMENT 48. Authorize entering into a contract with Closter Farms, Inc., (Lease 3420) to provide funding for the design, construction, and land acquisition necessary to complete the Diversion Plan in an amount not to exceed $1,394,006 of which $972,098 is budgeted, and the remaining amount of up to $421,908 is subject to Governing Board approval of the FY98 budget; and authorize a budget transfer in the amount of $972,098 from the Project Construction Division, Interagency Expenditures -Local Governments to Other Contractual Service [EC101 (Contract No. C- E003). Jennifer Jorge, Deputy Everglades Construction Project Manager, Ecosystem Restoration Department OFFICE OF ENTERPRISE ENGINEERING 49. Discuss the reorganization of the Office of Enterprise Engineering; and authorize the associated budget transfer. (20 minutes) Trevor Campbell, Director, Office of Enterprise Engineering REPORT FROM THE EXECUTIVE DIRECTOR 50. Water Management Highlights ��amuel E. Poole, Ill, Executive Director 51. Govcming Board Fol ,)w -up Items Sam ue� E. F oc,e, !!1, Executive Director 52. Update on Everglades Litigation Uarbara .Vrrkham, General Counsel 53. Update on Everglades Construction Project. Alan ,Hall, Director, Ecosystem Restoration Department 16G GOVERNING BOARD REGULAR MEETING NOVEMBER 14, 1896 PAGE 11 End of Moming Discussion Agenda f t# Qt!} Aft /ff R� H *f# f1 MAff!#AR tf*R'�if1 HA1lA�Nff tY}1 tR **#!R fR AFMRNOON AGENDA APPROVAL: 2 :00 P.M. A. Additions, Deletions, Substitutions B. Abstentions C. Put! Items for Discussion C. Motion to Ap4rrove Afternoon Consent Agenda, except for items pulled for discussion E. Consider Afternoon, Consent Agenda Items Pulled for Discussion. F. Continue Morning Discussion Agenda (if applicable) G. Consider Afternoon Discussion Agenda AFTERNOON CONSENT AGENDA: REGULATORY MATTERS NOTE: The Berard may not wish to drveuss these items individrf h)e end may approve them as a group. Anyrxm wW)ing to speak on ona of these items should corr*4ete a .speaAasr card and submit it to the District represersWive in the bbby prior to consideration of the Consent Agenda. This will permit the Chairman to purl such kems for individual discussion. A copy of the consent agenda is available upon request by contacting the Regd>'ation Depsutment at (561) 587 -6736. 54. Consideration of Consent Agenda for Governing Board approval which includes Construction and Land Management iterns: might of Way Occupancy Permit Applications Right of Way Occupancy Permit Modifications Flight of Way Occupancy Waivers of District Criteria 55. Consideration of Consent Agenda for Governing Board approval which includes Regulatory items: Water Use Permit Applications Surface Water Management Permit Applications (including Conservation Easements) Environmontal Resource Permit Applications (including Conservation Easements) Surface Water Management Permit Extensions Circuit Court Suits Consent Agreements Consent Agreement Amendments Petitions for Administrative Hearing End of Afitemoon Consent Agenda GOVERNING BOARD REGULAR MEETING NOVEMBER 14, 1996 PAGE 12 AFTERNOON DISCUSSION AGENDA: REGULATORY MATTERS NOTE: The Board will d smss individuaiiy in the order fisted on the agenda. DISCUSSION OF ITEMS PULLED FROM AFTERNOON CONSENT AGENDA FLORIDA DEPARTMENT OF TRANSPORTION MITIGATION UPDATE 56. Update on status of Florida Department of Transportation Mitigation Plan Robert bobbins, Director, Natural Resource Management Division End of Afternoon Agenda ADJOURNMENT 0 C_) �• cl- - LL+ N �� U lL' o �'- u c: 16G 4 Collit ?r, / c),I uifo Control2)wrict 600 NORTI I ROAD N. ALES, FLORIDA 34104 -3404 CF I.r.PI 0NF 9.11- 436 -1 WO FAX 941436 -1 005 Nove nber 12, 1996 Mr. Dwight E. Brock Clerk to the Board of Commissioners P.O. Box 413016 Naples, Florida 33941-3016 Dear Mr. Brock: Enclosed for your files you will find: JAi, ;rC' of County C0mr.i55 i i.� -re . T,.", f� 1—e4 z 16G CO M NIM116OIV►RS: MANNE E. DROOF:$R MA1A FRANCIS 1 DViNCIWD. SEc'RFI.ARI DONA1D F:. PAC;., TRF.ISI.RF.R Ronu'r A kioi'FR R OBERT O (WRO Y D[RYX70k: FRANK w VAN ESSFN PI") (1) The amended and FTiVjkL Annual Certified Budget for the Collier Mosquito Control District for fiscal year 1996 -97; s.189.418( 3X a). (2) Current District Map; s. 189.419(3)(c)-, (no change). (3) Registered Office and Agent (s.189.416); (change - mailing address - same as location). (4) Schedule of Regular Meetings - 1996 -97, 189.417(1) was delivered to you in September. At that time, you were al�,o advised that we have no outstanding bonds. Sincerely, Joan D. Owens, Director, Administration jdo /s enclosures h11sc. Corres: Date: Item# t Copies To: a .r► C� m Z 0 )> M C-) z < t-n r a tv (1) The amended and FTiVjkL Annual Certified Budget for the Collier Mosquito Control District for fiscal year 1996 -97; s.189.418( 3X a). (2) Current District Map; s. 189.419(3)(c)-, (no change). (3) Registered Office and Agent (s.189.416); (change - mailing address - same as location). (4) Schedule of Regular Meetings - 1996 -97, 189.417(1) was delivered to you in September. At that time, you were al�,o advised that we have no outstanding bonds. Sincerely, Joan D. Owens, Director, Administration jdo /s enclosures h11sc. Corres: Date: Item# t Copies To: a .r► C� m Z 0 )> M C-) z < t-n r rn tv a r MWA { 13 ILI All Control Distrid Line I � J 16G SPECIAL DISTRICT REPORTING Section 189.416, Flexida Statutes, requires each special district to designate a registered agent and registered office and file this information with the Department of Community Affairs and the local goveming authority. Any changes in the registered agent and/or office must be reported to the same. Please provide the name, address, and telephone number of your current registered agent. and the county (or counties) in which the district is located DISTRICT NAME Collier Mosquito Control District REGISTERED AGENC F rank Van Essen REGISTERED OFFICE 600 North Road Naples, Florida 34104-3464 PHONE NUMBER (941) 436 -1000 COUNTY(IES) Collier Indicate your district.'s status by marking an X in the appropriate space. (See Section 189.403, Florida Statutes, for defuutions.) DEPENDENT INDEPENDENT X If the location of your special district office is different from that of your registered agent, provide the district's business address: S a m e R.durn this form, along with a copy of the document establishing your district (special act, ordinance, resolution, intedocal agreement, etc., including amendments) to the address below. If your district has previously submitted these documents, do not send duplicate copies. Contact the Special District Information Program at 904/922 -5431 or SUNCOM 292-5431 if you have: questions. Special District Information Program Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399 -2100 Please note that Chapter 189, Florida Statutes, and the Florida Special District Handbook, outline reporting requirements of special districts. It is the responsibility of each district to rile required documents and reports with the appropriate agencies. Nacre and title of person submitting form Joan D. Owens, Director, Administration 16G MRIUrES OF N=TNG PORT OF THE 1S LANDS COIUMUN= IMPROVEYIENT DISTRICT .d of COU -Ity C')Miss, The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Thursday, October 24, 1996 at 4:00 P.M. at 25000 Tamiami Trail East, Naples, Florida. Present and constituting a quorum were: Thomas L. Barnard Chairman Barry Berger Supervisor Richard Gatti Supervisor Bernard Wolsky Supervisor f;'isc. Corres: Also present were: John Petty District Staff Harry Hollonan Engineer Bruce Anderson Attorney Twenty -five Residents FIRST ORDER OF BUSINESS Roll Call Mr. Barnard called the meeting to order at 4:00 P.M. and stated the record will reflect that all Supervisors are present. SECOND ORDER OF BU.511'- EIS Approval of the Minutes of the September 19,1996 Meeting Mr. Barnard stated that all Supervisors had received a copy of the September 19, 1996 minutes and requested any corrections, additions or deletions. Mr. Anderson stated there is a typographical error on page four, fourth paragraph should read, "It is not based on registered voters.... ". Mr. Barnard stated that is what I said. The turnover is based on the number of registered voters. That is what I meant to say. Mr.. Anderson stated I thought you meant in reference to acreage. Mr. Barnard stated what I was trying to say is that the voting is controlled by the number of registered voters and when it reaches 250, then the one voter per acre no longer applies. Mr. Holloman asked. on page three, is it the State contractor or the State contract? Mr. Petty responded it should be State contractor. *a Oct )ber 24, 1996 1 bG On MOTION by Mr. Berger seconded by Mr. Wolsky with all in favor the September 19, 1996 minutes were aw-roved as corrected. TBIRD ORDER OF BUSE'415S Public Hearing to Consider the Adoption of the Amendment to Chapter IT of the Rules of the District Mr. Petty stated I will hand out the Updated Utility Rate Study. It is in general conformance with the book you have previously received and reviewed. We have not reviewed our rates since 1993. We have done so in conformance with this year's budget to make sure that the rates are still applicable. Our operational costs were considered this year; we compared the existing rates and applied them to this year's budget to see if they would cover it. We found them to fall short and that if we wanted to maintain this year's budget, we would have had to increase the user rates by approximately 14% based on the average bill for a single - family user. The inside cover has the graphics showing the breakout of two costs to the District for water and sewer plants and are categorized as Fixed and Variable Costs. The Fixed Costs are all those costs that do not vary with the amounts of water we make; administrative costs, payroll, contractual obligation, the replacement renewal fiends;, and other costs that do not fluctuate whether we make 1,000 gallons or 100,000 gallons. Those comprise the Capacity Fees or what most of the residents refer Lo as the monthly minimums. Offsetting revenue to that fee would be any new connection fees that we get from the Phase I single - family area. New connections to the system pay approximately $3,300, and that money goes into the fund and lowers the monthly minimum for everyone. Those costs that the water and sewer facilities have that are considered variable means that they fluctuate up or clown according to how many gallons of water we produce and how much the residents use. Those fall into the Commodity Fees which are your cost per 1,000 gallons on your bill. Commodity Fees are offset by any new connection to the system when they pay their meter fees. Stand -by fees are the inirror image of Capacity Fees. They are charged for those lots where services, capacity, and plant sizing is available, but the unit has not been built .yet. They pay the same monthly minimum as a homeowner who lives here. 2 October 24, 1996 16G On page one is a linief introduction of the methodology we just discussed. We talk about Connection Fees, Meter Fees, Capacity Stand -by Fees, and Commodity Fees that make up that graphic. In projecting all these costs over a four year window to stabilize any rates that we would adopt, we first start off with the existing program for building in Port of the Islands and the existing units which are illustrated on page three. Single- family represents a single- family home; multi- family represents the condominiums and Evening Star Key; commercial is undeveloped at this time. The hotel, dormitory, restaurant, lounge and marina are all part of the hotel both, north and south. The RV Park is the trailer park on the north side of the property. The common areas represent the areas that the District undertakes for irrigation and landscaping,. On page four we take the projected operating costs for fiscal year 1997. This basically writes out the approved budget of the District for Administrative, Personnel, Contractual Services, Operations and Maintenance. We broke it out according to the utility, whether it be Water Plant, Waste Water Plant or irrigation. That is the existing approved budget that went into affect October 1, 1996. On pages five, six and seven there is a four -year breakout of potable water, waste water and irrigation. The costs we currently have in this year's budget are projected over the following four years with the calculated inflation and any growth. After taking all those costs and projections into consideration, we can then calculate the fixed cost., put them under the capacity stand -by fee, divide it by the number of ERCs that the system can serve, and come out with an average monthly capacity /stand -by fee that will support those cost projections. To go over them in comparison, we are looking at the potable water capacity stand -by fee of being $5.53 for all areas except Phase I, single - family. Phase i is Newport Cay and Morning Star Cay. Mr. Barnard stated potable is the same. Mr. Petty stated for potable, but for those areas, Morning Star Cay and Newport Cay are considered to be Phase I. Later on in the capacity stand -by you will see a difference under irrigation. The waste water monthly minimum or capacity stand. -by fee is projected at $8.08 for both phases. Irrigation is projected at $5.21 per month for everyone except Phase I. Phase I is projected at $9.03 per month. A resident asked does that include the common grounds? 3 October 24, 1996 16G t Mr. Petty responded no. On the next page is the Commodity Fees where we do the same calculation with those variable costs to the District. We break that out under the projected number of gallons to be used by the system and we come out with a per thousand gallon charge. One of the reasons the rates went up this year was not because we had any new projects or new costs, but because we have recalculated the flow according to existing conditions. When we did this in 1993 we did not have a lot of data available for the flow pattern of the users of the system. We do now, and we find that the flow pattern to the users are much lower than we anticipated. The design criteria is standard in nature and was required. When we built the facilities that we designed for X number of units per single - family homes, or X number of gallons per single - family homes, we are finding that the usage is mostly seasonal in nature. So the actual water that you use here is considerably less than what we anticipated in 1993. In correcting the number of gallons that we expect the population to use here, with the cost being about the same and the gallons used being less is one of the reasons why the rates went up. Not that we are increasing costs so much but that you are using less water. A resident asked if we use more water we will have less fees to pay? Mr. Petty responded that is somewhat true in this case. Page 10 and 11 show the meter fees and connection fees which are not recommended to be changed from what was adopted in 1993. Those are currently impacts to new users of the system that offset as we showed on the back page of the cover. The rest of the report deals with impact statements to some of the larger users, particularly the hotel and the RV Park. Page 13 is basically a pro -forma that states the new rates if adopted. It shows you the revenue and accumulative amounts the District will receive for each category, whether it b(� potable, waste water, irrigation and the total. Under total you will see that if you. adopt these rates you basically come ahead $9,500 the first year. By the second year you will have a total of about $12,000, and by the third year you start to lose some of the earnings. By the fourth year you will be in the red. The rates are averaged so that over the four year period you break even. The last two pages of the rate study compare our bill to several other utilities in the area and show that the rates we are proposing are still one of the lowest available in southwest Florida. The closest to us is the City of Naples with a program in their ad valorem taxes that includes a utility tax to help cover their operational costs. 4 October 24, 1996 1 bG Mr. Gatti asked do we charge the same amount for each meter regardless of size? Mr. Petty responded no. They are all 5/8 by 314 meters which is a standard single - family home. We charge $250 for those. For all larger sizes it is the cost of the meter plus $50. Mr. Gatti asked does a 5/8 meter cost $200? Mr. Petty responded no. The cost of the meter itself is approximately $32.50. The meter fee includes a number of items and estimates the cost of the service which can vary from location to location, if the service is available on the other side of the street or will there be a need to go underneath the road and what type of facility is available to make the connection. That amount includes the average cost it takes to install the meter plus the labor. Mr. Gatti stated wil.ess I misunderstood you, as the meter size goes up the cost of installation goes up proportionately. Does that happen with the cost of the meter the way you described it? Mr. Petty responded yes. A resident stated .1 am gone during the summer months and upon returning I review the minutes and statements from the CID meetings. We looked to be in good financial shape. Is any of this money available to offset what we are doing? Mr. Barnard respoi-ided it looks like we have money and your questions is why are we raising fees. Part of the reason we have money in the Water and Sewer Fund is that we have a shortfall in Stand -by Fees in one area. We have one property owner who is $50,000 in arrears and we have filed a lien against the property and are attempting to recover it and $60,000 of that is a loan from another fund within the system. A resident stated I perceived that in the minutes and it looks like we are going to have a 20% increwse to help offset what this property owner has not paid. I did note that the Supen isors were instructed to enter judgment suit against the owner of the property which I understand has been done. I also noted that the owner asked the court to dismiss the suit because he had made an arrangement to agree to sign alien against the property subject to that particular property being sold and out of the proceeds of his sale, when and if the property was sold, that his lien would be paid. I also noted a letter from Mr. Anderson stating that particular discussion with the supervisor was prejudicial to getting a good judgment file through the court. Can you address that? 5 October 24, 1996 Mr. Anderson responded we got the judgment finalized and we have the 1 6 V lien against the property. The property owner did not raise that as a line of defense. The resident asked then our lien is good and is the best possible lien we can get with the hope of collecting? Mr. Anderson responded yes. The resident stated Phase I is 15 undeveloped lots. Have we been able to collect the stand -by fees in the past or is this going to be a new approach? Have we been billing the owners of the lots that are undeveloped? Mr. Barnard responded yes. Mr. Berger stated on a previous report of receivables on Phase I stand -by, there was a :number of them that were delinquent. Have those become current? Mr. Barnard responded the last report I had was that they were being paid. Mr. Petty stated almost all the single- family delinquent owners have come forth and paid their stand -by fees. From month to month we may have some, but not like before where they were six to eight months in arrears. Mr. Gatti stated but we are back up to $60,000. Mr. Barnard stated I picked that number out of the air because that is the one I remember from six months ago. Mr. Gatti stated the one I remember was $29,000. Mr. Petty stated that was extra money that was transferred as well. The $26,000 or $27,000 was excess income from the Tax Collector's office. The resident stated the other question I have in looking for other sources of income is $215,000 that were expended on floating docks with the intent that they would be rented from the hotel marina operation and the rents would go to the District. Mr. Barnard stated those docks were built by the developer and not by the District. We ran into a shortfall when we were building the Sewer Plant. We found that it was going to cost more than our estimates. We took the deck portion out of that. Mr. Ray built those with his own money and the $215,000 was used to complete the Sewer Plant. The resident stated the reason I broached that question is that I look at our offering statement for the $7 million bond issue we had with the people who loaned us the money i.md we said we were going to generate a revenue stream building docks. If not building those docks that $215,000 was to be allocated to a October 24, 1996 reserve to pay to gene;rate the income in that manner. It was not to be used for 1 6 G shortfalls. Mr. Petty stated in looking at the original bond, this Board spent several months going over that issue making sure the bondholder was comfortable and making sure that we complied with all the covenants of the bond and making those funds available! for the intended purpose of water, sewer and roads which was also part of the original bonds. The projections used in that bond turned out to be conservative and -we needed more funds to build the facilities we needed. No new facilities were considered. That money was earmarked for existing plant facilities shown in the bonds. The bondholder, our legal counsel, bond counsel and this Board have all taken the proper steps to make sure that those funds were transferred according to the bond document. Mr. Gatti asked who owns the docks now? Mr. Barnard responded the hotel. Whoever owns the hotel owns the marina and the docks. Mr. McNeil stated in the connection fees, the $3,306 only apply to Phase I. Is that a new Phase? Mr. Barnard responded yours is $1,650. We raised it about three years ago. Mr. MacNeil stated I thought that when we bought in Phase I we were not going to be subject to anything in the new bond issue related to sewer and water. What has changed and why? Mr. Barnard stag :d I do not know what was represented when you bought your lot, but I do know that that fee is considered to be an impact fee which is a part of an offsetting revenue. You do not pay the County fee or the bond carry. That is an offsetting revenue for the improvement of the water and sewer system. Almost $3,000,000 has been spent to improve the water and sewer to make it suitable for more connections. At the time we did the improvements any additional connections to the system was forbidden because it was not operating correctly. Mr. McNeil statE!d the irrigation water smells like raw sewage. Mr. Petty stated what you are being impacted by is the algae and decaying matter that occurs when the canal water is being sprayed. As the algae dies, that odor comes out. Using the canal for irrigation is one of the things we have to live with and to treat it will cause an increase to operating fees. A resident stated I would like to see that addressed at some point because if that is going to be a contLa ing problem, it will not be good for sales. 7 October 24, 1996 16G Mr. Petty stated. it is something we may want to consider. We can start flushing out the lines which may help. A resident stated perhaps if you did not turn them on at 8:00 a.m. when people are up as opposed to 2:00 a.m. Mr. Petty sta;,ed we can consider changing the irrigation time. A resident asked in reference to the judgment, do the fees increase as we go forward? Mr. Anderson responded yes they do and with interest. Ms. Marchand asked as residents, is this the information we are to consider in relation to the increase of the utility rate? Mr. Barnard responded it is the information your Board is to consider in establishing the revised utility rates. Ms. Marchand stated that she feels there was not enough time to review the revised rates. Mr. Barnard staged this is a revision of a previous report. Mr. Petty stated the first draft came out in July and was discussed at the July meeting. A resident asked on a projected gross rate of 10%, don't you think we exceed that at this point with all the sales that are going on? Mr. Petty responded no. If you look in the absorption schedule on page two you will note that single - family is estimated at 30 new connections per year and multi - family at 20 new connections per year based on recent history of connections At this point we are seeing a growth, but from the years that I have been involved with Port of the Islan.d,i there is no guarantee that this growth will continue. A resident asked how does this change as more people move in? Will it be lower at some point? Mr. Petty responded right now you have one of the lowest water and sewer rates in West Florida., but we should be able to get additional economies of scale. As people take more water, your fixed cost will not change. You are already paying for the operator„ administrative people and utility billing. The more people using more water and bringing in more revenue, that is where you receive economies of scale. Right now we do not have that and it may be a few years before we reach that point. A resident asked are we saying that we can revisit this at the next budget time and the rates are riot fixed for the next four years? 0 October 24, 1996 16G Mr. Barnard responded we do not do a rate, study every year because it is an involved process and it costs money. The original proposal for a rate study was $4,000. At periodic intervals the Board and the water and sewer operation team will re- address all the costs. A resident asked you said that the commodity fee is based on the variable cost of the water and yet you said that the commodity cost seems to be less because we are not using as much water as was projected. Are there certain costs? Mr. Petty responded they are not directly variable. In other words, it is not three cents for every 1,000 gallons. It may three cents for the first 1,000 gallons and two and one half for the next 1,000 gallons. We try to make any costs that do vary in relation to flows and those costs that do not fluctuate such as administrative go into fixed. There may not be a one to one ratio; it may be a one to three ratio. The resident asked are there some specific costs that are causing the effect? Mr. Petty responded what you are seeing is a basic budget. When a resident stated that we are $26,000 ahead in water and sewer, it is because this last year we had stand -by fees that were difficult to collect. We cut back on all of our capital and repairs and maintenance. There is nothing frivolous in this year's budget. Mr. Gatti stated during the discussions these last few meetings about this, if we do not raise the rates we will go in the hole. Last year we could not do the landscaping that we wanted to do. We eliminated a series of items that we had put into the budget because of the shortage in the water and sewer. Mr. Berger stated in reference to having time to ask questions and understanding how this process works is important. You voted us to start this process and we have been working on it. This final proposal is the result of all those questions and research. A resident stated I am looking at the impact statements on page 12 and I would like you to go over it in more detail. Mr. Petty stated this is total projected costs. We calculate the standard usage, the monthly minimum and break it down into what you see on page 12 and come up with billings for those areas. A resident asked is this usage or stand -by? It cannot be usage and stand -by. Mr. Petty responded it states whether it is capacity or stand -by. This is the impact as far as the capacity fee portion for the RV Park, not for usage. A resident asked it does not include stand -by fees? 9 October 24, 1996 166 Mr. Peaty responded that is in there. The RV Park is considered 100 RVs in your original phase of what was allocated to the north and south meter only. It does not represent the undeveloped portions. Mr. Barnard stated capacity fee is only charged on those areas that are using the commodity. The areas not hooked up to the system is under the stand- by fee. Ms. Moore stated I have lived in a County in Florida where the homeowner received notification that their water was not up to standard. Is there someone that will send letters to the homeowners by law if it does not meet County standards? Mr. Barnard responded they hang a notice on your door knobs. Ms. Moore asked are we a private water company? Mr. Petty responded we are a government owned utility and we have to adhere to the State regulations. Ms. Marchand i;tated I am in a unique position in that most people around here have one acre or one assessment unit. I am owner of 188 and it makes a difference. I am looking at a $16,873 increase for this next year. Mr. Petty state-1 you have 188 units and the capacity rate which is your monthly minimum went up $1.07 which comes out to $2,400 per year. This will also include your stand -by fees. If you are talking about the assessment, that is a different issue which is not part of this public hearing. A resident stated if Ms. Marchand looks at last year's water bill and adds 20% to it, wouldn't that, be close to what she is experiencing? Mr. Barnard responded no, because a large portion of her bill is on stand -by fees which went up. ;.'he stand -by fee is a concept that has been used all over which states that if was only charge you, the residents, for the cost of operating that water and sewer system, your bills would be $600 per month. We have to spread that cost to the residerits that are going to connect to it and who have the capacity. As you expand, they will either be passed on or be offsetting revenue. Right now they are only a cost. A resident asked for the new owners coming in, which one would be applicable, the senriceable or the connected? This is on page 12. Mr. Petty responded a condominium unit is .8 serviceable units, or ERCs. In other words, you are considered to use about 80% of the water and sewer facilities of a single - family home. 10 October 24, 1996 16C Mr. Barnard stated six years ago this was a "Big Daddy" community. There was an agreement with the District that stated when the water and sewer fund had a shortfall we would call California and they would send us a check. When that was eliminated, it became evident that we needed to establish a system to provide water and sewer services to this community that was fair and equitable. That is when we carne up with the stand -by fees. As the community grows it begins to take more of the realities of being in a community business which costs more each vear. A resident asked can you explain the categories on page three? Mr. Petty responded the Unit Type is what we are calculating. The ERC's compares the design wage or how we built that facility for the planned usage of that room, attic, RV, etc. In comparison to a single - family home, it comes up with a factor based on the gallon amount. What that means is, that if a single - family were to use 100 .gallons, we would estimate that a multi - family would use 80 gallons and that a hotel room would use 60 gallons. Planned ERC's are the total number of units for each particular parcel that we are aware of at this time. The number following those categories covers Potable Flows, Waste Water Flows, Irrigation Flows. These are all based on what we built the facilities for. This gives you an idea that, we were assuming potable flows per single - family homes for a single day will be 3:13 gallons. For a hotel room potable flows for a day will be 188 gallons. The waste water and irrigation flows follow that same criteria. A resident asked what does ERC mean? Mr. Petty responded equivalent residential connection. The planned units goes back to the unit counts. We talk about existing units. Those were the numbers that were calculated when this report was being done. The absorption schedule states how many more we will get on a yearly basis. We are calculating approximately 30 single-family homes a year and 20 multi- family homes per year. In 1997 we put down one commercial acre because we understand that something is going in on the Tamiarai Trail. A resident asked if the unit numbers are incorrect, how can we go back and take a look at those? Mr. Petty responded if, for example, you are going to eliminate the western wing in the North Hotel, an adjustment would not be considered because the facilities that are built and in place were built for these number of units. If you wanted to come back to the Board at a future date to find out if there could be an adjustment, that would be for the Board to consider, but one of the points would be 11 October 214, 1996 1bG is there anyone there to take up that usage that was planned for you. Because if you do not pay the bill, the other residents will. The resident stated if I loose rooms then I do not get a deduction. Mr. Barnard stated no, but you would have a lessor commodity charge if you have rooms that you are not using water in. Mr. Petty stated we built the facility for those units and we cannot eliminate a portion of the Plant now that it is has been completed. A resident stated vie recently started giving out the newsletter that goes to all the homeowners. One of the things that would help us out is when you sign off on your minutes, can you give us a copy of that? Mr. Barnard responded you can come to my office and obtain a copy. Mr. Wolsky stated I have been on this Board for two years and I am just beginning to understand what is going on. I can understand your perplexity with these numbers all at once. I have no way of helping you except to say to attend the meetings. Nothing is goi ng on here except that we are trying to conform to the laws of the State. On MOTION by Mr. Gatti seconded by Mr. Wolsky with till in favor the public hearing was closed. On MOTION by Mr. Gatti seconded by Mr. Berger with all in favor the amendment to Chapter II of the Rules o the District was adopted. FOURM ORDER, OF BU-3INESS Consideration of Acceptance of Facilities for Stella Maris and Sunset Cay This item will be tabled for the next meeting. FIF M ORDER OF BUSDTESS Staff Reports A. Attorney There not being any, the next item followed. B. Engineer Mr. Holloman stated the Board at the last meeting talked about the generator at the Water Treatment Plant. Mr. Stephens has been trying to find a generator to buy as a replacement and most of the ones out there are old and cost over $10,000. The District: is not in a position to purchase a new generator. I had an electrical engineer look at both Plants and we have come up with a plan to tie the Water Plant into the generator at the Waste Water Plant which we feel we can 12 October 24, 1996 16G do for about X2,500. This will not only get generator capability back to the Water Plant, but it wii! also give the capability of an automatic transfer switch so that when the power goes off in the middle of the night it does not take someone coming out here and switching the generator and loosing pressure in the lines. It was recommended that we proceed in connecting the Water Plant to the generator at the Waste Water Plant. A resident asked to explain that to the public. Mr. Barnard stated the generator which is your emergency power source for the Water Plant is old. It has broken down many times and is now beyond repair. We were looking at buying a used one to replace it in the neighborhood of $10,000. Mr. Holloman brought another electrical engineer in who suggested going back to a plan we originally suggested four years ago and which at that time, was not suitable to do. The state of the art generator we have for the Sewer Plant can be used to run the Water Plant as well in an emergency. Instead of spending $10,000 to $25,000 we are going to spend $2,500. Mr. Holloman stated I was asked to look at one of the lakes on Sanctuary Point. There are three lakes that border the Fakahatchee Strand; two are clear. The third lake which is the smallest seems to have little movement in the water and is growing a lot of weeds. Mr. Petty stated it is a maintenance item that we will look into. We have a contractor that takes care of the wetlands and he can spray that lake as well. Mr. Gatti stated I am concerned over the trucks driving over our entryway. Are these public streets? Mr. Anderson responded yes. Mr. Gatti asked are they opened to the general public? Mr. Anderson responded yes. You do have the right to institute security measures under the Statute .,; which would allow you to restrict access from people outside the District. Mr. Gatti stated my concern goes to the motor trucks because there are so many of them and we may lose some of the roadway. Mr. Holloman stated the problem is how do you get the trucks in there during the construction process. Mr. Gatti stated no, we are talking about the aggregate from the roadways which they are trucking from here into the Plant. What recourse do we have in terms of control? What recourse do we have to assure that if there is any damage done it will be restored? 13 October 24, 1996 16G Mr. Holloman stated I know Collier County has regulations for limits on what trucks can haul. Those roads are not designed for that kind of impact. Mr. Anderson stated that is something I will have to look into. Mr. Barnard stated perhaps the first step should be to ask Better Roads to overlay when they are done. Can we do it? Mr. Petty responded currently we do not have any use restrictions for on our roads. I think what we should do is have our engineer evaluate the problem and have him confront Better Roads and look for a solution protecting the District. In the meantime we have Mr. Anderson who will check out the format we would have to adopt and get back to us. C. Manager There not being any, the next item followed. SlXr-vi ORD R OF BUSINESS Supervisor's Requests and Audience Comments Mr. Wolsky stated there are some fire plug indicators that are missing on our street and around the corner on Cays Drive. Mr. Petty stated we will take a look at that. Mr. Gatti stated at the last meeting I brought up the fact of establishing minimum standards for use of the District property. I had objected to the way the contractor was cutting the roadway and that I would put something together. I have handed out those standards and perhaps we can include it in the next agenda. Mr. Berger stated we have had a few meetings where we did not have a quorum and I would like to propose to all the Supervisors is that on Monday of the meeting call the office to the attention of Ms. Holiday letting her know if you plan to be here or not. Six months ago the Chief of the Ochopee Fire Department was here and gave us a presentation that we should build our own fire department and he would send a truck. I met with him and asked him to come up with a three year plan for meeting our fire needs. He mailed me his first draft which does not work and we hope to have an approved draft; for next meeting. He indicated that down the road Collier County may want a station in this area, and if we can provide an area, there may be money from the County. I will have more on this issue next time. Mr. Barnard stated the next meeting will not be on the third Thursday of the month. There will be EL landowners meeting on November 5th. There are 14 October 24, 1996 1 L C7 three positions for Supervisor which are to be filled. Each of you that owns a lot or home is entitled to vote. There will be nominations from the floor. The requirements for being on the Board are citizen of the United States and resident of the State of Florida. On MOTI37 by Mr. Berger secondeg by Mr. Wols y with all in favor the invoices were approved. s � The meeting was adjourned at 5:00 p.m. Chairman 15 16G • tkI I V,%YIV D16 IDO • y Thursday October 24, 1996 25000 Tamiami Trail East 4:00 P.M. Naples, Florida 1. Roll Call 2. Approval of the Minutes of the September 19, 1996 Meeting 3. Public Hearing to Consider the Adoption of Amendment to Chapter II of the Rules of the District 4. Consideration of Acceptance of Facilities for Stella Maria and Sunset C a.y 5. Staff Reports A. Attorney B. Engineer C. Manager 6. Supervisor's Requests and Audience Comments 7. Approval of Invoices 8. Adjournment Naples Daily News Naples, FL 33940 Affidavit of Publication -- --- --- ----- - - - --- -- -------- ------- ----- ------ ------- -- - - -- PORT OF ':r_ ISLANDS 10300 Nu 11TH MANCO CORAL SPRINGS FL -,J71 REFERENCE: 010948 5rW4980 Notice Of MeetingPor State of Florida County of Collier Before the undersigned authority, personally appeared Nina Iverson, who on oath says that she serves as the Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida : that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, srd that the said newspaper has heretofore Ixen continuously published in said Collier County, Florida, each day and has baen entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertis,teent; and affiant further says that he has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refimd for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED 6N: '10/17 AD SPACE: 4.500 INCH FILED ON: 10/17/96 wke Of met" port Of the wa-g, CommnnY Improvement Distrtd The Board of Supervisors of the port of the Wonds will hold their regular rt�at 4A pp�A, Thursday October 24, 1996 In tM aAkes d the DWct at port of the Islands Resort, 25000 Tomiami Troll EDO, Naples, Florida 31961. The meefing Is open to the pA)k W will be conducted in accordma wlfh the provisions of Florido Low for Canrnkali•. tY Development DWrkts, Then nay be occasWm when one or more Supervisor's will partklpde by kte- phone. At the above w6cws , w� De present a speaker telephone sk terested person con offend the nKalk+p�iW '7a the above tocattan and be "- kdormed Of the dlscusslons tok g poce ems' In per• i Son or by te*x ---t CarrYllkJflk'.allwL Any person rewbIng %wJd +�n� rtledklttons at this nvbbecam d o dis- abiiftY or phYSkd tat the District OAke at (9S4) 753-M at {east Ave calendar days VW to the Each penon who �`(decides to Wp d MY Sa�IC }eta onymow ConSlder� the o record of N V0001 *0 and ftO a• cordrgly,_ the person_ may need io en- we thot o verbatim record of the pro- cetdL -c is mode, klck+dkV the testimo- ny and evidence Won whktl such up- ped Is to be bored. Cory L Moyer Monow October 17 — ND. 874M ------ ----- •- - ---- ------- �------ ------ +----------------- -- - - -- Signature of Affiant Sworn to and Subscribed before me this day of Personally knaan by me _ '� % /rf' / f "!1 E; Judah A. F}aroW, la: ;,WAlSS10N I CC50gw. FXP1Rt ' Fs Febna y 19, 2000 •''��., a ;nd' aC"M0 npu TROY FAN siSi{AwE. ut 16G Naples Daily News Naples, FL 33940 Affidavit of Publicati PORT OF THE ISLANDS 10300 Nu 11TH MANOR CORAL SPRINGS FL 33071 REFERENCE: 010948 57368668 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serve as the Assistant Corporate Secretary of the Naple Daily News, a daily newspaper published at Naples in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Napl,ss, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entereai as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication cf the attached copy of advertisement; and affiant further says that he has neither paid nor promise any person, firm or coparation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in th said newspaper. PUBLISHED ON: 10102 AD SPACE: 14.166 INCH FILED ON: 10/02/96 ADOPTION OF A PROPOSED RULE AMENDMENT AMENDING CERTAIN RATES AND p1ARGES FOR fk PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT. The Prat of the Islands Community District will hold o Mik hearing on Thum October 21, 1996 at /A0 PAL In the offices of the District of Port of fhe IsknIs R 25000 famiomi Trail East, Naples, Florida 33961, for Me purpose of hearing putNk carn- ment and obiedOns to the odoptnon by Rule pursuant to Section 12054 F.S, and Section 190.035 F.S. of certain rates, fees, charges and operating policies for the Districts Water and sewer utility system an the amendment of Chapter 11 of the Rule. The proposed rotes and charges are as follows: WATER AREA AREAI Minimum Monthly Charges /Standby Fee Per ERC Per Morro SS 57 SS k3 Plus Commodity Rates/ 1,00() Gallons $1.39 $1.39 WASTEWATER Minimum Monthly Charges /Standby Fee Per ERC Per Month S3•06 SL01 Plus Commodity Rates /1000 Gallons at 75% of water usage sa,71 $in IRRIGATION WATER Minimum Monthly Charges /Starry Fee Per ERC Per Month $9.03 SS-21 Plus Commodity Rates /1,000 Gallons f 21 S 2i Special Auttwh :190A35 F4,190.011(5) F4,,1205/ F.S. Law Implemented: 190.035 F.S 190.011(5) F 5,12051 F.S. The reason for the adoption of the above �ibeed rates, fees, Charges, and operdfng Policies ON the amendment of Chapter If of the Rule Is to provide revenues an the District to pay operating and mointencnce cost, The summary of the economic statement as rewired by chopter 120-U F.S. It (1) The estimate of the cost to the agency (District) in Implementing it* Ruk Is Prima. rily the cost of legal odvertlsing of the meeting to adopt said rule which Is estimated not to exceed ZW. In od&lon certain copying costs should not exceed tiM (2) The estimate of the cost on the economic bereftt to persons dredly &Nded by the odapfton of the rule wig be that the District wig be able to provide water to klude the Doha bit and Irrigation, and wastewater treolment and disposal to proper7ks locakd within the District which will permit the uggzatlon of said property to its highest and best use. (3) There is no estimated odverse impact on compe glim and the apes market place for employment. (/) There is no adverse impact on competitlan and fhe open market pioce for employ. ment. (5) The comparison of the probable costs and benefits of the proposed Rule aneno- mertts to the probable costs and beiri s of riot 0dopft the proposed Ruk amend- ments are that the marginal Costs and benefits ore approximcdety equal ki thal gov- &Tw,wataf entities Oftng this Rule amendment wig pay for them own aperdton and molnterarxe costs and this ref eves the District of such responsaalty. (6) The proposed rule anenJrneM is the least Intrusive for achieving the stated pur- pose and since it is subiect to funding from other sources is the kart cosily me%,jad available to the District. i f>) The District old consider ogler derri0flves to occompffsh the staled purpose and irxreasiang user rates was the most effident, cost effective means for the District to in- crease revenues to pay ft operating eb ne iditures. 0) The above economic Impact stokment summary ax%iihAes the achy eamw* Impact statement lmltfyfn0 the adoption of the proposed rule arnendrnent. Each person who derides to upped any decision mode by fie Board wgh resped to arty matter considered at the meeting is advised ttat person wig Feed a record of tie proceed- IM and that accordingly the person may need to ensure ftat o verbatim record of the be based. gs is made, lnc(uding the testimony and evidence upon which such taped is to Gary L October 2 Moyer, Monger Nor $739F$ ------------------------- �` Signature of Affiant J. __ _ _ _ _ — Sworn to and Subscribed before me this day of L 19 1)(j Personally known by me _ } Judith A. Flanigan 'O ,vAISSICN a CCS08787 EXPIRES Febriary 19. 2000 �!, o. 3,r4 ED - ?RU TAM FAN INSURANCE. X 16G NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF A PROPOSED RULE AMENDMENT, AMENDING CERTAIN RATES AND CHARGES FOR THE PORT OF THE ISLANDS CONLMUNITY DAPROVEMENT DISTRICT. The Port of the Islands Community Improvement District wi.11 hold a public hearing on Thursday, October 24, 1996 at 4:00 P.M. in the offices of the District at Port of the Islands Resort, 25000 Tamiami Trail East, Naples, Florida 33961, for the purpose of hearing public comment and objections to the adoption by Rule pursuant to Section 120.54 F.S. and Section 190.035 F.S. of certain rates, fees, charges and operating policies for the District's water and sewer utility system and the amendment of Chapter R of the Rule. The proposed ra°.es and charges are as follows: AREA I AREA II WATER Minimum Monthly Charges/Standby Fee Per ERC Per Month $5.53 $5.53 Plus Commodity Rates/1,000 Gallons $1.39 $1.39 WASTEWATER Minimum Monthly Charges/Standby Fee Per ERC Per Month $8.08 $8.08 Plus Commodity Rates/ 1,000 Gallons at 75% of water usage $3.77 $3.77 IRRIGATIO'+l� WATT -i Minimum Monthly Charges/Standby Fee Per ERC Per Month 59.03 $5.21 Plus Commodity Rates/1,000 Gallons S .20 $ .28 Special Authority: 190.035 F.S., 190.011(5) F.S., 120.54 F.S. Law Implemented: 190.035 F.S., 190.011(5) F.S., 120.54 F.S. History: New The reason for the adoption of the above described rates, fees, charges, and operating policies and th-. amendment of Chapter U of the Rule is to provide revenues on the District to pay operating and maintenance cost. 16G The summary of the economic statement as required by chapter 120.54 F.S. is: (1) The estimate of the cost to the agency (District) in implementing the Rule is primarily the cost of legal advertising of the meeting to adopt said rule which is estimated not to exceed $500. In addition certain copying costs should not exceed $200. (2) The estimate of the cost on the economic benefit to persons directly affected by the adoption of the rule will be that the District will be able to provide water to include the potable and irrigation, and wastewater treatment and disposal to propeities located within the District which will permit the utilization of said property to its highest and best use. (3) There is no estimated adverse impact on competition and the open market place for employment. (4) There is no adverse impact on small business as defused in the Florida Small and Minority business Assistance Act of 1985. (5) The comparison of the probable costs and benefits of the proposed Rule amendments to the probable costs and benefits of not adopting the proposed Rule amendments are that the marginal costs and benefits are approximately equal in that governmental entities utilizing this Rule amendment will pay for their own operation and maintenance costs and this relieves the District of such responsibility. (S) The proposed rule amendment is the least intrusive for achieving the stated purpose and since it is subject to funding from other sources is the least costly method available to the District. (7) The District did consider other altematives to accomplish the stated purpose and increasing user rates was the most efficient, cost effective means for the District to increase revenues to pay its operating expenditures. (8) The above economic impact statement summary constitutes the actual economic impact statement justifying the adoption of the proposed rule amendment. Each person who decides to appeal any decision made by the Board with respect to any matter considered at the meeting is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made, including the testimony and evidence upon which such appeal is to be based. Gary L. Moyer, Manager 16G Port o the Is(unL NOTICE Of PUbfic HEARINC, Dear Resident; The Port of the Islands Community Improvement District Board of Supervisors will be considering a utility rate increase for water, sewer and irrigation on October 24, 1996 at 4:00 PA. at the Port of the Islands Hotel. This meeting is a public hearing and all parties wishing to speak on this matter are encouraged to attend. The District's Utility Rates have not changed since 1993. The proposed rates have been calculated based on the Adopted Bucget for Fiscal Year 1997 and projected expenses over a four year period to provide a rote which will be effective for the next three to four years. The following table shows a comparison between existing rates and those proposed for adoption at the Public Hearing on October 24, 1996 for the typical single family home on an average monthly bill. EXISTING RATES Potable Usage 7000 gal. Capacity Charge $4.81 Commodity Charge $8.13 Wastewater Usage 5,600 gal. Capacity Charge $7.73 Commodity Charge $15.89 Irrigation Usage 20.000 gal Capacity Charge $4.60 Commodity Charge $4.95 Total Bill 546.11 Noposcd RATES Potable Usage 7000 gal. Capacity Charge $5.53 Commodity Charge $9.75 Wastewater Usage 5,600 gal. Capacity Charge $8.08 Commodity Charge $21.09 Irrigation Usage 20,000 gal. Capacity Charge $5.21 Commodity Charge $5.61 Total Bil! $55.26 A comparison of the Proposec Rates and those of other utilities in Collier and lee counties show that the proposed rates generate o -)e of the lowest typical monthly bills for a single family home. This Proposed Rate also affects Stand -By bills to those undeveloped parcels of Port of the islands. If you have any questions regarding this matter, please call John Petty at District Offices, (954) 796- 6620. Port of the islands Community Improvement District Approval of Invokes 24- Oct -96 page 1 of 3 Item No. _ Payee General W &S 1 lwwduia Thomas Barrxircl $200.00 $100.00 $100.00 Barry Berger $200.00 $100.00 $100.00 Richcxd Gatti $200.00 $100.00 $100.00 (September 1996) 2 Gary L Wye% P.A. Management Contract (October I WO $1,312.50 S656.25 $656.25 3 D&r(ct Financial Corp. Accounting /gxige*'9 (October 19k) $607.83 5303.92 5303.91 U'tilty EtA'r?g - Oclober S291.67 $291.67 5899.50 4 Cdstrlct A.dmInlstrative Serv. Repcordng Secretary $385.83 $192.92 $192.91 (October 1996.) 5 AAA Generator" & Pump Inc. Inv. 96 -1233 - Gerercrtor Service $157.50 $157.54 inv. 98 -1231 - Gererator Service 5299.34 $299.84 Inv. 96 -1230 - Generator Service $355.24 S355.24 Inv. 96 -1234 - ).T9nerator Service S299,$4 $299.84 $1,112.42 6 American Paging Beeper Service thru 9/19 $20.16 $20.16 7 AW Service thru 9/1 3 $60.32 560.32 8 Big Cypress Landscape Co. September Lrn,R) Niainteoance $3,751.80 Clean & Mow around North Entrance S30,94 $3,781.80 $3,781.80 9 B&H Sales Inv. # 1189388 - Supplies to repair Pump $490.11 5490.11 10 Bob Crean Supply, Inc Inv. 0569281 - Pump Repair $200.70 $200.70 11 Brevard Teaching & Research Lab. Inv. 101950 - Lab Service $60.00 S60.0o Inv. 00 1939 - Lab Service $60.00 $60,00 16G Port of the Islands Community Improvement District Approval of Invoices 24- Oct-96 page 2of3 nv #593280614 - thru 9/5 $82.25 $41.13 Rem No. _ Payee General was 12 Cellular One October Truck Lea a $253.94 Acct #10014451 thru 9/19 $472.51 17 H F Scientific, Inc, Acct # 10014452 l hrj 9/19 S 1 1.63 Inv. # 12113 - Lamp for Meter 5484.14 $484.14 13 Collier County Tax Collector Hole Monies & Associates Tax Certificate k-e - 1994 54245 $42.45 EngineorkV Services 7/27 thru 8/30 $652.50 AdmW)6-trative Fees 1W5/96 $3.168.2 $3,168.12 Engineering Services 8131 thru 9/27 $735.45 53210.57 $367.72 14 Dumont Company Irw #41475 $74.80 S74.80 Inv #43136 - Chlorines Gas S450.00 S450.00 Inv #43181 - Ume S237.50 S237.50 Inv. # 115 - Faxes nv #43319 - Copper SLWote S57 S57.50 15 Federal Express 16G nv #593280614 - thru 9/5 $82.25 $41.13 $41.12 16 Ford Motor Credit Company - 1994 Truck October Truck Lea a $253.94 $126.97 $126.97 17 H F Scientific, Inc, Inv. # 12113 - Lamp for Meter $101.52 $101.52 18 Hole Monies & Associates EngineorkV Services 7/27 thru 8/30 $652.50 S326.25 S326.25 Engineering Services 8131 thru 9/27 $735.45 $367.73 $367.72 19 Hyatt Sprinkler Supplies Inv. # 10268996 - Supplies S8.40 $8.40 20 Indian Trace Inv. # 115 - Faxes $ 1.50 $0.75 $0.75 21 LeahChem Industries, Inc. Inv. 0 17167 $155.00 $155.00 22 Lee County Electric Cooperative General Fund ttyu 9/16 $1,049.54 $ 1,049.54 Water & Serwer Fund thin 9116 S4.327.39 S4,327.39 $5,376.93 23 Mobil Fleet Acct. #8592681301 - Ssrvice thru 9/8 $232.26 $232.26 24 McConnell's True Value Inv 199364 - Misc Supplies S50.64 $50.64 16G Fort of the Islands Community Improvement District Approval of Invoices 24-Oct -96 Pace 3of3 25 Naples Daily News bG Inv # 1310939 Notke ,:,f Meeting - 9/ 19 S5297 26.49 S26.48 Inv # 1312617 Notice of Meetngs FN 97 $70.62 35.31 $35.31 Inv # 1318781 Pubk: 1- eorN - 10/24 S 17AIQ S176.55 S300.14 26 Port of the Islands CID Water Sere tNNu 7/31 $563.49 S,563.49 27 Sanders Laborato,ies Lob Analysis - Aug. 3e Yearly Reclaim S I A26.00 $1.426.00 28 Scotty's Inv 045706 - Stppk s $ 100.47 nv P"4569 - Supplies V5" 14 $ 125.61 $125.61 29 Turrell & Associa'A`e:i, Inc. Preparation of 2nd Arnuol Mont. Report $475.00 $475.00 30 United Telephone of Florida Acct. #941- 642 -1344 - t1ru 10/96 $31.31 S31.31 Acct. #941-642-9215, - 'twu 10/96 $113.49 $113.49 31 USA Blue Book Inv. 0097073 - Supp #es $263.53 S263.53 32 Universal Flags & Flogpoles Inv. 4422138 - Flogs $273.90 5273.90 33 Viking Office Products Inv. #597697 - Suppliom $54.x4 $54.84 34 Volgfs Texaco Inv. #7691 - Li ue Oil iiP3r $ 18.95 $18.95 35 Winn Dixie Inv #061996 -Q 1 - Sugar $65.50 S65.50 36 Young. Van Assenderp et al Legal Services ftu 8/31 5491.75 $245.87 $245.88 Legal Services tNu 9/30 $741.64 $370.82 $370.82 Utility Standby Lawsuit 212.¢ $0.96 $ 1,234.35 26,044.35 12,129 65 13,964 70 General Fund Expenses $12,129.65 Water & Sewer Expenses $ 13,964.70 Total 26,094.35 bG Port of the Islands Community improvement District General Fund Balance Sheet For ThE) Period Ending September 30, 1996 Cash $53.690.43 ' Due from Water & Sewer $65,966.27 investment - State Boord S75,361.48 Deposits $200.00 Prepaid Insurance S8,957.00 Total Assets _ 204,175.18_ Lqr-ulali s Due to Debt Service $000 FUC1d Era &, Fund Balance - FY '.W,,5 $ 144,622.92 Current Change In Fund Balance $59,552.26 Total LsOIN11111e3 & Fund Equity 204,175 18 Reflects S25A3333 Water & &)wer Working Capitol per Resloufibn 96.01 I6G W-17, Persorxiel Port of the Islands 540.000.00 S35,655.95 $4.344.05 Community Improvement District 53.060.00 S3.1)60.0C Genercii Fund 5332.38 Had")trwronce S2,5M.00 Statement at Revenues and Expenses S1,561.69 $938.31 WcAws Compensation Fcf The Period Endkg September 30, 1946 S3,056.00 53,562.50 0-wwral Fund horatod budg*t Actual 515.852.00 Revenues: L Thru 9/34/96 Thru 9/30/96 Variance Int9rerttx*rr,e 53,6:0.00 53,0u).00 5146222 ($1,337.78) Property Tax Rwmx-*-e S1.383,00 $196,383.00 5213.989.65 515,606.65 Carry Forward 538,629.60 538,629.60 538,629.60 50.00 Total Revenues 0240,012.60 $240. 012.60 $254,281.47 $14,266.67 Um Sf== S 1,500.00 S987.52 °.512.48 691111inkd3attvo S 10.000.00 $10.000.00 54,903.00 Opena*V Tr zrxkx Out 50.00 50.00 $25.033.13 (S25A33.73) 9.apervison Fe,er 541800.00 S4,800.00 S3,900.00 5900.00 Legal Sarvk.Q+ 58.000.00 S8,(100.00 $7,398.55 5601.45 &Vvo irg Fees 510400.00 S10=00 56,811.42 S3,18&58 AccountlrV Fwee S3,647.00 53,647.00 53,647.04 ($0.04) Amual Audt 54.000.00 54,000.00 54,700.00 ($700.00) ReaordtQ Secretary 52,315.00 S2,315.00 M315.04 ($0.04) Tnjo" Fees $700.00 5700.00 S2.312.24 (S1.612.24) Management Fern S7,875DO S7,875.00 $7,875.00 50.00 C,orrputw Tire Fear 5750.00 $750.00 $742.50 S7.50 Arbihoge Rebate 5625.00 $625.00 $625.00 $0.00 Trave4 Fwr Diem S 1 .000.00 S 1,000.00 $0.00 S1,000.00 Tdsghone S100.00 $100.00 $115.22 (S 15.22) Podagw S 1,500.00 $ 1,500.00 S 1,461.50 538.50 Rentals ✓k Leoner $1200.00 $1,2(lO.00 $ 1,100.00 $100.00 kwumme S2,257 A0 52257.(.0 S5,087.75 (52.830.75) F!1nt-V ✓t &)dng 5750.00 5750.00 5537.05 S212.95 L-jd AdreM*V $750.00 S750.00 $342.61 $407.39 0ttw Curn nt Charges 5100.00 $100.00 5100.25 ($0.25) Office 9pP4as S200.00 S200.00 S225.73 (S25.73) llcensfta Dum, otc:. S175.00 S 175.00 S175.00 $0.00 AwmarrwN Rde4 Pnsp=tlon $3500.00 53,500.07 S3,5C0.00 $0.00 Capital Ou" 5500.00 5500.00 50.00 ^0500.00 Total Adminhtm ive =1!:4,744.00 $54,744.00 $78,006.63 ($2-3-,26-563-) W-17, Persorxiel :�40. 000.00 540.000.00 S35,655.95 $4.344.05 FICA Tax 53.060.00 S3.1)60.0C 52.727.62 5332.38 Had")trwronce S2,5M.00 $2.500.00 S1,561.69 $938.31 WcAws Compensation $3,056.00 S3,056.00 53,562.50 (5526.50) Street Lighting 515.852.00 SISA52.00 513.151.45 $2.700.55 Frigat5on Water S2=.00 52,500.00 53.434.15 (5934.15) Rentak & Leasers S2.9W.00 S2)M.00 51,523.64 51.276.36 Rewire & Malntenrn-ce S6A00.00 56,000.00 5454.50 55.545.50 Opwatty SupPlles i 1500.00 S 1,500.00 S987.52 °.512.48 Rood Mohterx3nce S 10.000.00 $10.000.00 54,903.00 S5.097.00 Drotxriga Mcdntononce $5.000.00 $5.000.00 $1.152.50 53.847.50 Landscape 4 InigahDn Sl UM.00 $88.000.00 547,387.82 540,612.18 Mosquito Control ;S 000.00 S5A00.00 520124 54,798.76 Total Floid 85,268.00 185,268.00 $116,723.58 $68,W.42 Total Expona�urou 40,012.00 240,012.00 $194,729.21 45,282.79 Not Income (Lou) �_ 0.60 $59,562-2 16G 1 Fart of the Islands Community improvement District Water & Sewer Fund Balance Sheet For Tne Period Ending September 30, 1996 Cash 541 748.88 Accounts Receivable 522,677.75 Standby Accounts Receivable S53A92.49 Meters In Field $7,880.20 Wafter 8. Sewer System $5,326,111.14 Equiprn43nt $3,000.00 Less: Accumulated Depreciation (S330,515.58) Prepaid Insurance $8,957.00 Total Asset: _ 5,133,351 88 Due to General $65,966.27 CustornK)r Deposits $5273.42 Contributed Capital $4,589,737.74 Contributed Capital - Meter $3,618.10 Reserved for Maintenance $5,000.00 Fund Balance -FY 1995 5437,63679 Current Change In Fund Balance $26,119.56 Total a-bllltes & Fund $5,133,351 88 Reflects $25,033.73 WorkirK3 Capital from General Find per Resolution 96401 16G 19 Port of the Islands Community Improvement District Water & Sewer Fund Statement of Revenues and Expenditures For the Period Endng September 30, 1996 WAS Fund Proralad tludg*f Actual Bl31L9IIS1$i Budget Thru 9/30, % Thru 9/30/96 yarlanc� Mbceaoneokm IncoT1e SO.00 50.00 $ 13.52 $ 13.52 Wafer Revenxre 544.804.00 S44,804.00 549.991.35 55.187.35 irrlpatbn Wc,,w Revenue $15,000.00 S15,000.00 517,033.35 52)033.35 Meter Foe S5,000. CIO S5)000.00 $16,750.00 511,750.00 SewerRevenoa 576.744.00 $76,744.00 563.170.31 ($13,573.69) Stt rKJby F~ $ 144,000.00 S 144.000.00 $ 118.143,04 (S25AS6.96) Connectbn Fees $ 15,000.00 $ 15.000.00 $0.00 ($ 15,000.00) interosi hcorrce S750,CIO 5750.00 $749.56 ($0.44) Orasramg Transfer In S25ZO3.73 $25,033.73 525,033.73 $0.00 Total Rovonuos $326,331.73 $326,331.73 429118U.96 OU, 446 87) Eulftn il:Lu Mil=l 3 & perv4as Fees $4,800.00 $4,800.00 $3.900.00 5900.00 Lood Se vlcerc $8,000.00 $8)000.00 S 10.591.53 ($2,591.53) &Vjir�g R"M S 10,000.00 $ 10,000.00 56,811.41 S3.188.59 AccocntInp Pao: S3.647.00 53,647.00 53.646.92 SO.08 Annual Ault S4,000.00 54,000.00 54,700.00 ($700.00) Recording Secretary S2.315.00 52.315.00 $2.314.92 $0.08 Trustee Fees S700.00 $700.00 S2,312.23 (S 1.612.23) Marw'Ven ent Fees S7,875.00 57,875.00 S7,875.00 $0.00 Conv uter Services 5750.00 $750.00 S757.50 (57.50) Arbtnage Rebore 5625.00 5625.00 $625.00 $0.00 nifty Bing S3 =.CA 53.500.00 53400.04 ($0.04) Tra%w,4 Ow DWrn $1)000.00 S DMOO 50.00 51,000.00 Teie•shione $100.00 $ 100.00 $ 134.14 (5.4. 14) Postage S 1,50)0.00 S 1400.00 S)279-39 5220.61 Rontdk Ar lernes S 1,200.00 S 1.200.00 S1,100-00 S100.00 ewirance $7.292.00 $7292.00 $11,480.25 (54.188.25) Pfln"ng89indN $750.00 S750.00 51,085.19 (5335.19) Legal AcNerttWrV 5750.00 $750.00 S1A21.76 (5671.76) Other Q.rentChorges $100.00 $100.00 S125.76 (525.76) Or'Ice a rppaos 520100 S200.00 S l l 0.15 589.85 Caprd Outk-yi 5500.00 5500.00 $500.00 $0.00 Renev,al a Ref*Y-ernent $20.000.00 520,000.00 50.00 520)000.00 Total Adnlhlstrattve �_ 79,6"Ou 5 79,604,00 $64,271.19 $15,332.81 b= Perso reel $40,000.00 540.000.00 $35.963.45 $4)036.55 FICA Tax $3,060.00 $3,080.00 52,727.71 533229 Heath kuurarx:e 52,500.00 $2.500.00 5954.10 S 1.545.90 Workers Conpw -datbn $3.056.00 S3)056.00 53,582.50 ($526.50) ConttaclvdSerAces 535.000.00 S35,000.00 536.023.30 (S1,023.30) Telephone $3.000.00 53)000.00 52.957.88 542.12 urine6 549,782.00 549.782.00 $50.139.81 (5357.81) Rentals Q Lecmis 52.800.00 S2A00.00 $1,523.64 S1276.36 Repo}s a Maln'S-KMe 53.5.000.00 535,000.00 526,302.97 $8,697.03 Operating &JPI:4le3 $45,000.00 S45.000.00 537.060.65 $7,939.35 Licerves $500.00 $500.00 53258.10 (52.758.10) Total Plant $219,696.00 219,698.00 $200,494.11 19,20.3 89 Total Expendlturos 299,302 00 $264,765.30 $ASU.70 Net Income (Loss) $27,029. 2 9 19 16G Port of the Islands Community Improvement District Debt Service Fund Balance Sheet For Period Ending September 30, 1996 Aiset Lila Cash P9serve lr.tereO R9dernption Investments Reserve R!9venue Interest Pixiernphon Due From General Fund Amount Available /Debt Service Amount to be Provided - Long Term Debt M M M /• S698AS8.22 S301,773.00 $0.00 S10209.00 S0.00 .1. = 111 �a' • S751,677.00 55,288,323.00 Total Assets 1,010,440.47 b,040,000.00 ' F(��B(oonrrds Payable $6 �� 00 1mUQ LLi1 Fund Balance - F`( 1995 $971,677.69 Current Change In Fund Balance $38,762.78 Total llabilitles & Fund Equtty $1,010,440.47 6,040,000 00 Reflects Prkicipai Payments of $220.000 -, 16G Port of the islands Community Improvement District Debt Service Fund Statement at Revenues & Expenditures For Period Ending September 30, 1996 Bevenues; IntE)rE!st Income: Reserve $29,390.54 Revenue S3299.42 Interest $ 107.56 Redemption $356.59 Prepayments $ 11,658.00 Special Assessments S782,125.67 Total Revenues _ 826,937.78 Principal ==.00 Interest $568,175.00 Total Expenditures 788,178 00 Net Income (Loss.} 38,762.78 z6G Port of the Islands Community Improvement District Capital Projects Fund Balance Sheet nor The Period Ending September 30, 1996 General Fixed Assets Assets Cash Constructlon & Acquisttlon $081 Constnjctlon- Resorve S0.00 Investment Construction & Acquhmoo 562.837.00 c,onstnxtlon- Reserve S0.00 Property & Equipment $1.634,373.00 Told Assets $62,837.81 1,634,373.00 Due to Water & Sewer $0.00 Investr>•ent in General Fbced Assets $1.634,373.00 Fund &ikmce - FY 1995 SU.019.92 Current Change in Fund Balance 58.817.89 Total Uabllitles & Fund Equity $62,837.81 1,634,373.E 16G r: Pori of the Islands Community Improvement District Capital Project Fund Statement of Revenue & Expenditures For The Period Ending September 30, 1996 interest Income Constt action & Acquisition $2.528.83 Construction - Reserve $0.00 Total Revenues 2,s28 83 (1) Improvements Other than Building ($6289.06) Total Ex ;G- dfture-$ _ ($6,289.06) Not �wM (1) Reflects Rsimburserrerd for *Rrlal Asphalt Lift' at Evehgstar Cay NOD'q=S OF LANDOWNERS MEETING J � . 1 6 G FORT OF THE ISLANDS CO119m NI'I^YUAPROVEMENTDISTRICT "-1 of Cc!- ty Cor,, iss; The landowners meeting of the I Port of the Islands Community Improvement District was held Tuesday, November 5, 1996 at 4:00 p.m. at 25000 Tamiaini Trail East, Naples, Florida. Present were: John Petty Thomas Barnard ) Richard. Gatti Bernard Wolsky Barry Berger Bruce Anderson Thomas K. Brokon Del Crook Norma Brown Hilee Stephens Richard. Burgeson. David Naske Carol Spaeth Victor Ptak Bernie & Susan Harner George Connolly Orlin F. Felts George McNeil Nanneti;e Gatti Martha Di Sclafani Irene Stevens Robert Hardy Mary S-.hafer Shannon Howell Brad McNeil Ted Townsend Dennis Brown Jack & Millie Strohm Marlene Wolsky Robert & Martha Gunung Albert Weatherby John Sherry Georgette Ciani Angie Mullijan FIRST ORDER OF BU,'I?4E SS Call to Order Mr. Petty called the meeting to order. SECOND ORDER OF E1113SE IES.S Determination of Number of Voting Units Represented Mr. Petty stated first I would like to call on the landowners and representatives present to find out how many votes are in the room. I would like to start with the major landowners. There are 441 votes registered for Mr. Hardy's property, 96 for the RV Park plus resident votes. A resident asked I would like to know specifically if Mr. Hardy is utilizing the vacant land across the street that is dedicated to open space? Mr. Petty responded the District does not look at whether it has a house on or not on it. If it is acreage within the District, it gets a vote. November 5, 1990 16G The resident stated. then I would like to state that this voting is being taken in protest. I protest the way the acreage is done because if the CDD is comprised of units which contribute to the bond issue, etc., then that is fine; but if it does not contribute to that then it should not have a vote. Mr. Petty stated your objection is noted. At the next meeting the Board will be asked to confirm the election results. At such time you may wish to ask the Board to obtain a legal opiizion based on your objection. We have looked at that matter in -house and our opinion is that an acre of land is an acre of land and whether it is assessed or haw much they get assessed is not material to the right to vote. THIRD ORDER OF BUSDIESS Election of a Chairman for the Purpose of Conducting the Landowners Meeting Mr. Petty stated for the purpose of conducting the landowners meeting, we need to elect a chairman. Are there any nominations? Mr. Brad McNeil responded I nominate Richard Gatti. Mr. Connolly stated I second that nomination. Mr. Petty asked are there any other nominations for Chairman? There not being any, Mr. McNeil0norainated Mr. Gatti to serve as Chairman for the landowners meeting and Mr. Mr. Connolly seconded the nomination. FOURTH ORDER OF BUSUNiESS Nominations for the Position of Supervisor Mr. Petty stated we will now need to take nominations for Supervisors. Mr. Shannon Howell ;Mated I nominate Dick Burgeson. Mr. Dave Spaeth statE-d I second that nominate. Mr. Ted Townsend stated I nominate Barry Berger. Mr. Dennis Brown stated I second that nomination. Mr. Hardy stated I nominate Tom Barnard. Mr. Weatherby stated I second that nomination. Mr. Dick Burgeson stated I nominate Jason Sherry. Ms. Millie Strohm staked I second that nomination. Mr. Shannon *H= dwell nominated Mr. Dick Burgeson and Ms. Strohm seconded the nomination. 2 November 5, 1996 1bG s Mr. Ted Townsend nominatred Mr. Barry Berger and lMr. Dennis Brown seconded the nomination. Mr. Hardy nominated Mr. Tom Barnard and Mr. Weatherby seconded the nomination Ifvlr. Dick burgeson nominated Mr. Jason Sherry and Ms. Millie Strohm seconded the nomination. Mr. Petty stated there not being any more nominations, Mr. Shannon Howell moved to close the nominations seconded by Mr. Robert Genung with all in favor. FIFTH ORDER OF BUSUNESS Casting of Ballots Mr. Petty stated we have four nominations for Supervisor. Place your name and street address on the ballot. If you have a proxy for multiple, state "see attached" when you turn in your ballot and we will attach such proxy to your ballot. Select three candidates that you wish to vote for today and put the number of votes across from the name of the supervisor. SIXTH ORDER OF BUSINESS Ballot Tabulation A resident stated explain the terms of the votes. Mr. Petty stated the two persons with the most votes will serve a four year term. The person with the third highest votes will serve as Supervisor for a two year term and two years from today we will have another landowners meeting and do it all over again. Every two years we elect three Supervisors. The results are :Dick Burgeson received 592 votes and a four year term; Jason Sherry received 578 votes and a four year term. The person with the third highest votes is Tom Barnard with 476 and he will serve a two year term. They will be sworn in at the first regularly scheduled Board meeting this month which is the third Thursday of this month. After they are sworn in they will be asked to verify the results and the tabulations we have done and elect officers. SEVE'Vi M ORDER OF BUE'WiESS Landowners Questions and Comments Mr. Ptak stated they have had a number of changes in the hotel in terms of managers. How do you replace them when they have been elected? 3 November 5, 1996 Mr. Petty responded once a Board member has taken the oath, if something happens to him and he has to leave, he is replaced by the remaining Board members who appoint someone. Mr. Gunung asked do you know the date of the Board meetings? Is it an open meeting? Mr. Petty responded it is opened to the public and there is an agenda we bring to each meeting that covers the topics for discussion that day. Mr. Gunung asked is there a handbook that explains the CID and its functions? Mr. Gatti responded that was given to you when you purchased the property. 'There is a Chapter in the State Statutes that controls all the CDDs. Mr. Townsend stated I would like to congratulate the new Supervisors and also thank: Mr. Berger for PZis service. I have read the minutes and he has done an excellent job. Mir. Berger moved to adjourn the meeting at 4:20 p.m. seconded I r. Wolsky with all in favor. 4 1bG AGENDA LANDOWNERS E 1 PORT OF THE DRANDS 'iuesday November 5, 1996 25000 Tamiam.i Trail East 4:00 P.M. Naples, Florida 1. Call to Order 2. Determination of Number of Voting Units Represented 3. Election of a Chairman for the Purpose of Conducting the Landowners Meeting 4. Nominations for the Position of Supervisor (3) 5. Casting of BaLots 6. Ballot Tabulation 7. Landowners Questions or Comments 8. Adjournment Naples Daily News Naples, FL 33940 Affidavit of Publication PORT OF THE ISLANDS 10300 Nu 11TH MANOR COPAL SPRIIfaS FL 33071 REFERENCE: 010948 57376929 NOTICE Of LANJOVNERS State of Florida County of CnlLier Before the undersigned auti.)rity, personally appeared Nina Iverson, who on oelth says that she serves as the Assistant Secretaf•y of the Naples Daily News, a daily newspaper pub',ished at Naples, in Collier County, Florida : that the attached copy of advertising was published in said newspaper on dates listed. Affiant further my* that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been umtinuously published in said Collier County, Florida, each day and has been entered a:i s,econd class mail matter at the post office in Ne.ples, in said Collier County, Florida, for a period of 1 year next preceding the first Ixjblication of the attached copy of advertisement; and affient further says that he has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 1014 1021 AD SPACE: 4.167 INCH FILED ON: 10211196 1 bG NOTICE OF LANDOWNERS MEETING PORT OF THE ISLANDS COMMUW Y IMPROVEMENT DSTIZICT Notice Is hereby given to ON bxbwn- ers wlthkt the Pori of the Islands C rnuni• ty improvement District find a meeli g of the londowners will be Meld for the purpose of ekc*)g three Supervisors. Date: Nove^rber 5,1996 Tlme: 4:00 PAIL i Place: 15000 Tomiomi Trail East Naples, Flarido Each landowner am vote In person or by written proxy. Proxy forms may be ob- tained upon request at the offices of Part of the Wands, Inc 25000 Tamfani TraN East, Naples, Florida. At said neeling each land. owner or his proxy shop be erdMted to coat one vote per ocre of land owned by him and located wtfifn the District for each person to be elected. A fraction of an acre shaA be treated as one ocre. The meefkg is open to the public and will be aooduded In a=- dance wph the provisions of Florida Law for Community Development Districts. Each person who decides to apped any action taken at these meeftrtpa Is ad- vised lid person win need a record of the proceedings and tixtt accordingly, the person may nerd to ensure ttxt a verboth record of the proceedings 's made, kkdm fhe test nmy and evl- dence upon which such appeal Is to be based Gary L Mover Monow October 14, 21 No g0029 Signature of Affiant Sworn to and Subscribed before me this - day of z) � 19a. Personally known by ere :•° "*'' Judith A. Flanigan r: MY COMMISSION 0 CC508M EXPIRES XNaD TN AU FAN 00+n40:L wc. OMCUL BALLM 1 6 G y 1 i•• �r 1 � ' IANWWNEM IDI 1 • 91 l: E' , ' 2 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for Ile following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate Name: IV Address: Number of Votes PROXY VOTE I c I e_ d�L L /STS do hereby give my Proxy vote for Port of the Islands Community Improvfzrient District Election on November 5, 1846 to Carol Spaeth, who will vote on my behalf. I Regan Proxy By I I/05/96 to: (-mol Spwth 156 Evcat * Star Cay Napka, FL 34114-9600 Doe 16G PROXY VOTE .., s_ .0 .. C aml Spactb, who wMvote on my behaF Proxy By 11/05/96 to: Caret Spaeth 156 Ceg Star Cay Na}ks, FL 34114 -9600 16G PROXY VOTE do hereby give my proxy vote for Port of the ids Commtffiity ImprovmaA District Elec6m on November 5, 1996 to Carol Spaeth, who wil vote on my behalf. D Return Proxy By 11/05/45 to: Carol Spaeth 156 Evening Star Cay Naples, FL 31114 -9600 16G PROXY VOTE _ r 16G i S J i�� do hereby give my proxy vote for Pat of the Islands Community hnprovement District Election on November 5, 1996 to Carol Spaeth, who will vote on my behalf. SIV&ftrr Return Proxy By 11/05/96 to: Caro! Spaeth 156 Evening Stu Cay Naples, FL 34114-9600 A -�2- Date 16G PROXY VOTE I n A� y c_� S` do hereby give my proxy vote for Port of the Islands Co mwuty Improvement District Election on November 5, 1996 to Carol spaetb, who vnIM vote on my behalf. sivt rt ReWrn Proxy By 1 110506) tD: Gaol Spaeth 156 Evening Stu Cay Naples, FL 341 14 -9600 Date of the ds Communily PROXY MUTE ---do hereby give my Proxy vote for Port District Election on November 5, 1996 to Carol itxwth, who will vote on my behalf. /!� Z 6 Return Proxy By 11 /05/95 to: Carol Spaeth 1!6 Evc6mg Star Cay N;Iplu, FL 34114 -9600 16G I PROXY VOTE 16G do hereby give my proxy vote for Port ity Improvement Distzict Election on November 5, 1996 to Spaeth, who will vote. an my behalf. Proxy By 11 /05/'96 to: Carol Spaeth 156 Evening Star Cary :N,gAM PL. 34114 -9640 Date PROXY VOTE I � le do hereby give MY proxy vote far Post of the Islands Community ImP Ovement D'strict Election on November S, 1996 to Carol Spw:th, who will vote on my behalf. Return Proxy By 11105t96 to: Cif Spaeth 156 Eveaittg Stu CaY ;Nees, FL 34114 -9600 A? Date 16G' PROXY VOTE do hereby give my proxy vote for Port 1 6 G of the Islands Community Improvement District Election on November 5, 1996 to Carol Spaeth, who w . vote on my behalf. Dade By 11/05/96 to: Carol Spaeth 1:56 Evening Star Cayy Naldes, FL. 34114 -9600 PROXY VOTE do hereby give my proxy vote for Port 16G of the izils Community Improvement District Election on November 5, 1996 to Carol Spaeth, who milt viAe on my behalf. Retam Proxy By 1 lro5A)6 to: carat Spaeth 156 Evening Stu Czy Naples, FL 341149600 Daft . PROXY VOTE ,S do hereby give my proxy vote for Port of the Islands Community bnprovement District Election on November 5, 1996 to Carol Spaeth, who will'. vote on my behalf. Date Rim Proxy By 1 l /O5/96 to: Carol Spaeth 156 Evazi!V Stu C$y Naples, FI. 34114-9600 r 161 PROXY VOTE I Vo `ba r-7�- G. ;> ��.,�,••� do hereby give my proxy vote for Port of the Islands Commimity Improvement District Election on November S, 1996 to Carol FVacth, who will vote on my behalf. Rem Proxy By 1 Iro5/W, to: Carol Spaeth 156 EvftiN Star Cay Naples, FL 34114 -9504 \33 - 2.-L-9� Date 1 bG PROXY VOTE �� 1e� Y; do hereby give my PrOxY vote: for Port of the Islands Communirty Improvement District Election on November 5, 1996 to Carol Ste, who will i ox on my behalf. GC74�� Tt /J Return Proxy By 11/05196 to: ,Caro1 SP"6 156 Bva ing Star Cay NaOcs, FL 34114-9600 16G 62/11/1594 04:22 9416244008 PA03E 01 OCT. 31. 1YV� - � � "6 G rion , rC" Or T*% lw-ps -d 1 C0 7 4si ft a r0. : ?41 ]O'7 2m2 �OY 'y V d %C., AF Z- �ilia�Rr 14 t s Do L,/t .r coy 45'1 v G "'y d r� /t/a ✓. � / 9 '� L 9' o 27I r -4 4 OFFICIAL BALLOT �I 1 D1 • • �+• rot 1 MEWN Oi 1: 91• ••• The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property) :I and casts his vote(s) for the following: 16G The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate ter ^ ' J Name: Address: //l �Zac/✓�/.�j- �� /� Number of Votes HCIV . 4. 19% 2 *. 23Pt1 Y-$I I r I I Cf I GR4:A_JP �w OCT.- Z9 -9E� Gds eta "r'. 991 P.1 %1 16G Pp. O1 I I NPOMr Cw Ts$ i NNOW ALL Mrr MY TWUSIC FIA .e.OWNTs. «hat the undersigned heseby oastoutizus and awainta. _ I Amid Oath of at.soeaa.tya M4 a�str+. wttraa poorer of aobotitnt m !a oasts of them Var and is bal of the s sad.:e •sisal. to rota as prosy at the Owetdsw of the x.andQwnaa7 of tt►s Fort of the ialaada ty Isaap:aramosit Metrizt to be Uald as $6000 T�1aa�ai Trail Boast„ Na pt s a� TLaea4x&x. November S. 1896 at 4:00 P.T1d., said =meeting ]p.xbliah" ins a neWepOPOw I= Qs4dar COUA$r, atssd at Any adjournmMento there=. according to the s}�bss of aarsa of tusylatted logba aa&OW ptattod late awned by tha== a►ed 1+rpd4a+'ne�r which the �a-- rsiss� would be th n ! sifdoa, or ensured to vote If y arpy 4�*h�. z�Po rseolutLan or any other matbor or�� w =MV oo�s bedora, acid sneetuas ineluddsns. but not Uxn:ttmd tie. of saiambera o!' the Board of 9-- - Macrrsr and teaaa robe tlna aoaoardarsr�e with their dita mUcia ou all matters not baaowaa os daterzo nod As the tinaos of mail Olt& "on of t" promw wbiah anaUr legwdMy oame before the ssr eetln w. Any pso ty beretnfbre driven by tb revoked. TWA Inww is to aoaatisataa in lba+ca of the landowm wo was atina: and aunt' as may be revoUed. at any time by native MW the Port: or the Islands leap UndaratorwHl fbr said =&*Una is hereby sbaa date hereof Until. the oonaivalan meant or ac oummmu eta -diets . but iaa srri OR, 73104 with ties $scretary of I I Votwe ramueied To: NvL=a w.w of vam pbattod &4--raw owned and ens itl,ad to vote: "W= of plated lots ow:oa+d and anUtIod io vote. Aye D 17 1bG M► s+• MEETING NOVENMER . 1996 The undersigned certifies that he is Islands Community Improvement District property): the owner of land in the Port of the (insert or attach legal description of <�Lu ("� �� a and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate 6"', �xA�C, 9(1- Name: R� We Address: Number of Votes rRoxY VOTE 1 6 � do hereby give my Proxy vote for Port of tfie Islaaids iCommmty Improvement District Election on November S, 1996 to jdWMjb who will vote on my behalf. Retwu Proxy By 11/05196 ta. IS 156 srg Gay H 11Q -96600 Due 16G L414 W CO i_ - Ml- M I.ANDOWNEMS hUMMNG NOVEMM 5, MW The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate �2 ryzl �- r v Name: , t�, Z,, Address: �z;�fyI' �.�,� Ap l Number of Votes o� 16G LANDOWNER PROXY LANDOWNERS NOMTING • NOVEMBER 5,1996 PORT OF THE ISLANDS COMMUNITy IMPROVEMENT DISTRICT KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: L�5 And each of them, attorneys and agents, with power of substitution in each of them for and in behalf of the undersigned, to vote as proxy at the meeting of the Landowners of the Port of the Islands Community Improvement District to be held at 25000 Tamiami Trail East, Naples, FL, Tuesday, November 5, 1996 at 9:00 P.M., said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to, the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. '.'his proxy is to continue in force from the date hereof until the conclusion of the his meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof, in writing, filed with the Secretary of the Port of the Islandsi Communi�y Improvement District. Votes Entitled To: 96 Number of un P laated acres owned and entitled to vote: Number of plated lots owned and entitled to vote: 16G • I 1 1' ' • 51 1 • ' 1 • ' 'fit' 1 1 • 1:01" ••� The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): S O O 1 G� W11 G. Wt -� r�VA #j CO eU�-T A and casts his vote(s) for the following: 'The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate �GSOn �►l�Y Y �1 v CA eSo �1 Name: — Address: 3y/1 3 Number of Votes a� Z� 16G LANDOWNER PROXY JANDOVy-NERS 1 E 1 NG - NOVEMBER 5,19 96 PORT OF E ISI�S CoryMUNM r4PROVEMENT DISMCT KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: And each of them, attorneys and agents, with power of substitution in each of them for and in behalf of the undersigned, to vote as proxy at the meeting of the Landowners of the Port of the Islands Community Improvement District to be held at 25000 Tamiami Trail East, Naples, FL, Tuesday, November 5, 1996 at 4:00 P.M., said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to, the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the landowners meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof, in writing, filed with the Secretary of the Port of the Islands Community Improvement District. S cj c-k-g-j Votes Entitled To: Number of unplatted acres owned and entitled to vote: Number of P lated lots owned and entitled to vote: 16G Pp4t (A44,-t,4 Resort & Marina October 1, 1996 Board of Directors Port of the Islands Community Improvement District To Whom It May Concern: With this letter I give Jason T Sherry, General Manager of Port of the Islands Resort & Marina, the right to act in my I ,nalf :i regards to all of the rights and privileges guaranteed by my property ownership at Port of the Islands Resort & Marina. These rights will he in aff °ct until further notice. Sincerely, M1 &el I `H an Vice Presid � t HH/mjb 25000 Tamiami Trail East • Naples. Florida 34114 Nationwide 1 -500- 237 -4173 • Local (941) 394 -3101 • Fax (941) 394 -4335 OFFICIAL BALLOT CO LAN NOVEMBER 5, 1996 The undersigned certifies that he is the owner of land in the Fort of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate �1 Wit' 5;-1 (? Y r >/ Name: Address: 2� �' ,� i`I S L' /_ -'ty '/ Number of Votes J 16G 16G OMCUL BALLM • i �• • oil i • � is �+• ' The undersigned certifies that istrict (insert r attach hl legal descriptiono f Islands Community improvement D property): at �cu� and casts his vote(s) for the following: The -two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate Address: -70 (i 3G( i -310 Number of Votes 16G OMCI,z BALLM CONEIII r r• r �+ r�r r • IANDOWNERS ATEEnNG NOVEMBM 5,1996 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year terra and the third candidate shall be elected for a two year term. Name of Caiuiidate Name: �'� � Il b V, Address: Number of Votes l OFFICIAL BALLOT M i i••# a A 1ANI)OWNERS MELYMG NOVEMBER . The undersigned certifies that he is Islands Community Improvement District nronertv): Ze4 7z_ 16G the owner of land in the Port of the (insert or attach legal description of and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Nance of Candi Name: oy�''��' Address: ZO Number of Votes OFFICIAL BALLOT 16 G Co. NOVEbMER 5,1996 The undersigned certifies that he is the owner of lane in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate Name: Address: Number of Votes 11 OMCM. BALLo'r PORT OF THE ISIANDS f 1 I 1• ' 91 1 • CT 9t Ii 91• The undersigned certifies that he is the owner Islands Community Improvement District (insert or property) :� Dr 15190; PP5�� and casts his vote(s) for the following: of land in the Port of the attach legal description of The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate iLj,r c? `:-I 1 2 rL Name: —L OtAS Address: J—� M LIB 16G N,uni beer /of votes �C ` ow nx>C y 16G OMCLAL BEAT • �••• 01 t r • I: y• The undersigned certifies the in the Port of the istrict (as owner sert o attach Islands Community Improvement legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of iGL it,,z Name L Address: �-A Number of Votes 16G OMCUL BM SAT . • ) toil cola MIA • �+ is �• . ,,; The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate Number of Votes 7 Name: � Address: ; �. Zza 0MCZAL BALLOT 16 G tRU111 t t• ' • �1 1 LANDOWNERS t91 t The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The tvio candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Nance of Candidate Name:�� Address: Number of Votes OMCULBM,LM The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate Number of Votes 1bG • � is �+�• , .. , The undersigned certifies that he is the owner Islands Community Improvement District (insert or property): and caste; his vote(s) for the following: of land in the Fort of the attach legal description of The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate Iq 4 L �vPC�e Name: Address: C4 3 L Y Number of Votes E I bG 16G 6-01,010 FN AIN 11 • , ho I The undersigned certifies that he is the owner of land in the Port of the Islands Comrnunity Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate Number of Votes I Name: 94S &079,�� c Address: 16G OFFICIAL BALLOT •�• # lob yw-, The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate Number of Votes r � / Name: .- '` Address: G' I bG OFFICIAL BALLOT . • . obts r is . ONO . � is �+• , .. The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate Number of Votes �10 1- I Nam (---?� Address: Z Z o G Jac= i ✓i ��G Ji . �� I 6G OMCUL BMXM • �+ is �+• , The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): S � � r and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate, i Name: i Address: /kD /�1= �+� Y Number of Votes ". 1bG OFFICIAL BALLOT 4191411:1 s TANDOWNERS MEETING NOVEMEM5,1996 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): z1- and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate /ti'_ Name: Address: �7/ G��h s ✓dv' / CVO r'� �' ✓�� Number of Votes 16G IQ Q1 al M 411 .�� . 4f 91 li -a , The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts lais vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate Number of Votes "�R� Name Address: J - L ✓�5,1, ��r� Oct -29 -96 08:55 POI REALTY 813 - 394 -8090 P_01 • • • • ti• t • i • • �+ o+ ...' KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: And each of them, attorneys and agents, with power of substitution in each of them for and in behalf of the undersigned, to vote as proxy at the meeting of the Landowners of the Port of the Islands Community Improvement District to be held at 25000 Taxniami Trail East, Naples, FL, Tuesday, November 5, 1996 at 4:00 P.M., said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to, the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the landowners meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof, in writing, filed with the Secretary of the Port of the Islands Community Improvement District. Votes Entitled To: Number of unplatted acres owned and entitled to vote: Number of plated lots owned and entitled to vote: I_ 16 16G L11 ai y M F.1 of 0 .!� IN 91 A, 191 1 ' Yli IMP,' The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate Number of Votes r3mfLS VC�-se., Name: Address: /J OIFFICL4L BALLOT 16 G PORT OF nM MANDS COMMUNI'T'Y IMPROVEMENT DISTRICT LANDOWNEMS MEETING NOVEMBER 5,19N The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate Number of Votes Name: Address: OcL -29 -96 08:55 POI REALTY 813 - 394 -8090 P.Ol ••• • W y1e. t t • �••• �+ •�+ t KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoint$; And each of them, attorneys and agents, with power of substitution in each of them for and in behalf of the undersigned, to vote as proxy at the meeting of the Landowners of the Port of the Islands Community Improvement District to be held at 25000 Tamiami Trail East, Naples, FL, Tuesday, November 5, 1996 at 4:00 P.M., said aneeting published in a newspaper in Collier County; and at any adjournmonta thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to, the election of members of the Board of Supervisors and may vole in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the landowners meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof, in writing, filed with the Secretary of the Port of the Ialands Community Improvement District. Votes Entitled To: Number of unplatted acres owned and entitled to vote: Number of plated lots owned and entitled to vote: 16G 0 OFFICrAL BALLOT The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate Number of Votes Name: Address: 16 i•• �• mull The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: c, The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Nam- a of Candidate Number of Votes Name: Address: 16G 16G OMCULBMIM • • • . 61,111WN The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): 1 Vf 3 S TAin r --�5 N�"rdrrr 6n-r a-4 / 90G NcWpoRr UHIr €o.s and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four yeEx term and the third candidate shall be elected for a two year term. Name of Candidate j RErIC S ✓DNS Name: fi N�1 C 12CIr 44pe44,15 s.Address: Number Number of Votes PROXY VOTE - r 16G We, Janet Bowker and Roger Kershaw, do hereby give our proxy vote for Port of the Islands Community Improvement District Election on November 5, 1996 to Irene Stevens, who will vote on our behalf. Zc�� a 1)ktse Date • 1 TnTr4 - PCrrF . 07 * r :I .,1 -� � CC C� .�'J ��i_��"T� F_!.. _�� :y C-•�� r 1!- 11.�J�� .V�' C�J 16G PROXY VOTE We, Janet Bowker and Roger Kershaw, do hereby give our proxy vote for fort of the Islands Community Improvement District Election on November 5, 1996 to Irene Stevens, who will vote on our behalf. Date 16G OMCUL BALLOT The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate Address: Number of Votes -l� ,�• !'Jj 6`�" 16G PORT.' OF TFM ISLANDS CO DIUNITY DVROVEXIO T DUnWCT KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and points: i And each of them, attorneys and agents, with power of substitution in each of them for and in behalf of the undersigned, to vote as proxy at the meeting of the Landowners of the Port of the Islands Com=unity improvement District to be held at 25000 Taraiami Trail East, Naples, FL, Tuesday, November 5, 1996 at 4:00 P.M., avid m"Ling published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the uncle *I nod ed landowner which the undersigned would be entitled to (rote if then parsonally present, upon an question, resolution or any other matter or thing which may Come before sadd meeting including, but not limited to, the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the tune of Oolicitation of this proxy, which may legally come before the meeting. Arly P; 'oxy heretofore given by the undersigned for said meeting is hereby revoked. This p:rozy is to continue in force from the date hereof until the conclusion of the landoavners meeting and any adjournment or adjournments thereof, but may Le revoked at any time by notice thereof, i11 w*itiag, filed �� the Secretary of tha Port of the lels.nds Community Improvement District. l".�d' Votes Entitled! To: Number ofunplatted arses owned and entitled to voce: �^ Number of plated lots owned and entitled to v �•e� ote: TOd (��13L?Itli 111g) Ct69 Crt rig I ,g • • • • • :1 Do �N MWO 1 • i 1•• 1 DIZ • The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his votes) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate a� Name: �- Address: Number of Votes 16G a 5178482449 CIGN MIHY EL C.01 16G �Y - fi', G i17R DS 7 .. TiS�.E 70 R -G_,,. .�0. oJV paRT c?F.TXr W c)' t/ L D. L 1,Af,C' To 77j=.5 s1 F3 To RZ7 II ••' • 01 �y IIti` f 1 r•• �+ 191 1 1•• �i•� 1DI 1 The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): .7 and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of 7iclatl Name:�'� Address: Number of Votes • Oct -29 -96 08:55 POI REALTY 813- 394 -8090 P.01 1 � �• �� .1f �1 i�91• � : i • 01 • -4 C•. 1 Wo I UIZU 11,110 NO 191 KNOW ALL, MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appointa; And each of them, attorneys and agents, with power of substitution in each of them for and in behalf of the undersigned, to vote as proxy at the meeting of the Landowners of the Port of the Islands Community Improvement District to be held at 25000 Tamiami Trail Fast, Naples, FL, Tuesday, November 5, 1996 at 4:00 P.M., said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to, the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the landowners meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof in writing, filed with the Secretary of the Port of the Islands Community Improvement District. Votes Entitled To: Number of unplatted acres owned and entitled to vote: Number of plated, lots owned and entitled to vote: z // /_� 16G 16G • 1 1 1• ' 1 91 1 � ' PORT OF TM ERANDS 91 1• Ilk ••. The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): 1p ! dp°o 34 ° �� f� tea % and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate 711, — A e � c£ yv , — A6 c l Name: Address: 11.0- 7' �iVC Number of Votes �i✓ � b��J 0000 ��i0o� �h��c � /46J O and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year term. Name of Candidate 711, — A e � c£ yv , — A6 c l Name: Address: 11.0- 7' �iVC Number of Votes oFFIC>rAL >BALLO'r • 1 1 1' ' • 01 1 t • LANDOWNERS hUMUNG The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): and casts his votes) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and the third candidate shall be elected for a two year terra. Name of Candidate Name: Address: Number of Votes 16G OFFICIAL BALLADT 16 G • i 1 1• ' 1 91 101 / ' LANDOWNERS 191 I • 91 1 C M . ' ' . The undersigned certifies that he is the owner of land in the Port of the Islands Community Improvement District (insert or attach legal description of property): /6 D l/Ene �.5 0"A �AP�r S �7 L 3141 — C�Q7- DI {7{�AS� and casts his vote(s) for the following: 1G I � 5 A A4 Tzt� t`9 c l The two candidates receiving the highest number of votes shall be elected for a four year terra and the third candidate shall be elected for a two year term. Name of Candidate 7 6 -I' F G M 7� -[ Name: Address: MA,C�EryE U)QL5k_z / (0 0 V&- ,,j' ;6 C A Y kAPI -65, FL 3ql l l — 44)4 Number of Votes AEGILITES OF 191 1 PORT OF THE ISLANDS IMPROVENEENT DISTRICT I 6 -d o` County Comcniss' . The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Thursday, November 21, 1996 at 4:00 P.M. at 25000 Tomiami Trail East, Naples, Florida. Present and constituting a quorum were: Thomas L. Barnard Chairman Richard Gatti Supervisor Bernard Wolsky Supervisor Richard Burgeson Supervisor Jason Sheer; Supervisor Also present were: John Petty District Staff Harry Holloman Engineer Bruce Anderson Attorney Tim Stephens District Stag' Barry Berger Audience Myrna J. Bryant Notary Ten Residents FIRST ORDER OF BUSLNINS Roll Call Air. Barnard called the meeting to order at 4:00 P.M. and stated the record will reflect that all Supervisors are present. SECOND ORDER OF BUSINESS Organimtional Matters A. Oath of Office for Newly Elected Supervisors Mr. Petty stated Ms. Bryant, being a Notary of the State of Florida, will administer the Oath of Office to the newly elected Supervisors, Mr. Sherry, Mr. Burgeson, and Mr. Barnard, which will be made a part of the official District record. B. Election of Officers Mr. Petty stated we have Chairman, Secretary and Treasurer. We ask that Mr. Moyer be the Secretary and all other Board Members as Assistant Secretaries. We ask that Ms. Archer be the Treasurer. We are looking for a Chairman and Assistant Secretaries. Mr. Burgeson nominated Mr. Barnard for Chairman and Mr. Wolsky seconded the nomination. November 21, 1996 1 bG There not being any further nominations, Mr. Burgeson nominated Mr. Barnard for Chairman and Mr. Wolsky seconded the nomination with all in favor. Mr. Wolsky nominated Ms. Archer for Treasurer and Mr. Sherry seconded the nomination. There not being any further nominations, Mr. Wolsky nominated Ms. Archer for Treasurer a Mr. Sheen seconded the nomination with all in favor. Mr. Sherry nominated Mr. Moyer as Secretary and Mr. Wolsky seconded the nomination. There not being any further nominations, Mr. Sherry nominated Mr. Moyer as Secretary Mr. Wolsky seconded the nomination with all in favor. Mr. Petty stated we suggest that the Board consider all other Supervisors as Assistant Secretaries for availability of signing District documents. You can also elect a Vice - Chairman in case Mr. Barnard is not present. Mr. Wolsky nominated Mr. Gatti as Vice - Chairman and Mr. Gatti seconded the nomination. There not being any further nominations, Mr. Wolsky nominated Mr. Gatti as Vice - Chairman and Mr. Gatti seconded the nomination with all in favor. Mr. Gatti nominated Mr. Wolsky, Mr. Burgeson and Mr. Sherry as Assistant Secretaries and Mr. Barnard' seconded by the nomination with all in favor. C. Consideration of Resolution 97 -1 Canvassing and Certifying the Results of the Landowners Election Mr. Petty stated I will read into the record this resolution by title. It is Resolution 97 -1, a resolution canvassing and certifying the results of the landowners election of Supervisors held pursuant to Section 190.006(2), Florida Statutes. At the last landowners meeting where we took in these votes, there was a resident who questioned the ability of a landowner to vote his acres based on its P" November 21, 1996 16 G use. It was explained to him at that meeting that the usage of the acreage did not matter. Our attorney, who has heard the question, is present today if the Board would like to discuss that now before certifying the results of the election. Mr. Anderson stated that is the case. There is no discussion. The Statute is clear. Mr. Petty stated with that said, I ask that the Board adopt Resolution 97 -1. On MOTION by Mr. Gatti seconded by Mr. Wolsky with all in favor Resolution 97 -1 canvassing and certifying the results of the landowners election was adopted. Mr. Barnard stated the new Supervisors will need to fill out a financial disclosure form. Mr. Petty stated I have a package for you which includes the Financial Disclosure. As an elected official in the State of Florida, you will be asked to file these forms with the Supervisor of Elections in the County in which you reside within thirty (30) days of this meeting. You will be receiving a booklet which describes ethics in government which deals with the Sunshine Law. If you wish to discuss District business with any other Board member, you must do so at a public meeting. To do so otherwise will be going against the Sunshine Law. If there are any doubts, our recommendation is not to do so. You can either call Mr. Anderson or our office. You cannot use our office or any other person as an intermediary to poll the members of the Board to come up with a consensus of opinion or organize favorable or unfavorable opinion on matters coming to you as a Board. Mr. Anderson stated do not discuss anything with each other that is likely to come before this Board, except at one of these meetings. Mr. Petty stated if you are looking for new work or a study to be done, that has to be done as a Board. No one Supervisor has the authority to direct works of the District. ITU RD OR])E31 OF BUSINESS Approval of the Minutes of the October 24,1996 Meeting Mr. Barnard stated each Supervisor had received a copy of the October 24, 1996 meeting and asked if there are any corrections, additions or deletions. vn mUriuN by Mr. Matti seconded by Mr. Wolsky with all in favor the October 24, 1996 minutes were approved as presented. 3 November 21, 1396 16G FOUR I ORDI -M OF BUSINESS Consideration of Engagement Letter with Hoch, Frey & Zugman to Perform the Audit for Fiscal Year Ended September 20,1996 Mr. Petty stated we have independent auditors review on a yearly basis the financial, regulatory and ethical activities of the District which basically covers everything the Staff has done for you over the years. Hoch, Frey & Zugman have been our auditors for a number of years and are familiar with the work. Their cost of $9,400 is in line with what they charged us last year and Staff would like to recommend them. Mr. Barnard asked are they also in line with our budget? Mr. Petty responded yes. On .'NIOTION by Mr. Sherry seconded by Mr. Wolsky with all in favor the engagement letter with Hoch, Frey & Zugman to perform the audit for Fiscal Year ended Sew ember 20, 1996 was approved. FIFTH ORDER OF BUSTtNESS Consideration of Acceptance of Facilities for Stella Maris and Sunset Cay Mr. Barnard asked do we have all the things that we need in order and, if so, is it the 1:ngineer's recommendation that the Board accept the facilities? Mr. F[olloman responded on Sunset Cay we have everything and I recommend that we accept the Sunset Cay. In reference to Stella Maris, I went back and examined the compaction test results based on the concerns. They took the number of tests that we normally require but it spaces the test out. The area of concern did riot have a test in it and I am in the process of trying to get that test run there. Mr. Barnard asked can we do them separately? Mr. Petty responded that is not a problem. Mr. Barnard stated when we did our plat, there was a one year maintenance requirement that the District provided to the County. In this case we have a developer turning over improvements to the District. Do we have provisions for a similar one year maintenance? Do we have a preliminary and then final acceptance, or is this a one shot deal? Mr. Hollonian responded the documents we prepared has a one year warranty. Mr. Anderson stated it is for one year from the date of acceptance. 4 November 21, 1996 16U Mr. Holloman stated in Sunset Cay, all we are accepting is the fire irrigation main, the water main and the gravity sewer main; not the roadways. On MOTION by Mr. Wolsky seconded by Mr. Burgeson with all in favor the Sunset Cay facilities for fire irrigation main, water main and gravity sewer main and associated easements were accepted. Mr. Gatti asked has the asphalt been replaced? Mr. 1olloman responded it has been replaced, but I met with Shannon Howell, the developer, and he has agreed to do some additional work on it. Mr. Barnard asked do you have further tests being run? Mr. Holloman responded yes. SDCM ORDER OF BUSINESS Discussion of Operational Policies Mr. Gatti stated the idea here is to protect C.I.D. property and I think it is self- evident. What we are saying is if you come on to C.I.D. property for whatever reason and do damage to the property, you have to repair it. It further describes methods of construction which prohibit cutting roadway systems. I am suggesting we prohibit that where possible. There are allowances for hardships and the casE! has to be made. I further suggest that anybody who does any work on C.I.D. property does so through a permit process and that permit is not a formal process. Either the Engineer approves it or the Chairman. That way we know what is happening and we know there is a hardship and there is a reason for it. Mr. Barnard asked what is the permitting process? Will we have a formal application Lhat will be made up or do they write us a letter? Mr. Gatti responded my intent was for things not to happen without us knowing about it.. Whatever vehicle is required to make that happen is fine with me. A letter is fine. A permit process becomes cumbersome and timing becomes an element., so a letter to the Board will be fine. Mr. Anderson stated we might want to specify what the application should include so that it is not open ended. Mr. Gatti stated in the Supervisor's Requests, I am going to suggest something that relates to this. Can we postpone the action on this until I have had an opportunity to discuss some other items? Mr. Anderson responded we could not adopt this today. It needs to be noticed, but I: thought we could discuss it. 5 November 21, 1996 16G Mr. Gatti stated my intent is to control what happens on C.I.D. property. This is not directed to anyone. It is in our mutual interest. Whatever happens here affects all of us one way or another. Mr. Barnard stated it looks straightforward and I do not have a problem with any of these items. We have already adopted a signed policy. Mr. Gatti stated I made reference to that and did not change anything. Mr. Petty stated I ask that the Board direct the Engineer and the Attorney, since they are the ones implementing this policy, to also put in this document several things. As the Chairman mentioned, it should include a time span that we will react within, what categories can be handled verbally, a hearing process for those people who may not agree with how the permit is being handled so that they can come before the Board and have some recourse. Mr. Anderson stated permit fees need to be considered and addressed and also, at the last Board meeting, I was requested to look into some type of regulatory effort to regulate use of District roadways for hauling for off site purposes. Please note that has been added to what Mr. Gatti had initially prepared. It is listed as Number 1 under "Intent" and it is also covered in the last paragraph of this handout. Mr. Gatti stated there is no application of that. Mr. Anderson stated I tried to draw it as narrowly as I could. Mr. Gatti stated unless I am reading this incorrectly, it says, "If you are delivering materials for properties that are in the C.I.D. District, you can use C.I.D. roads. If .you are not, there is a problem. Mr. Burgeson asked if you have excess material and you are taking it off site, it can be taken oM Mr. Anderson responded that is correct. Mr. Barnard stated this is in response to the problem at the entrance. Mr. Petty stated I suggest that the Board direct Staff' to put this into a draft program for your review to consider those things such as fines, fees, hearings, and any other matters that they may find applicable during their review over the next 30 days for Board consideration at the next meeting. Mr. Gatti ;stated it is not my intent to make this a big deal. There does not have to be a large fee, there does not have to be a time element involved and the hardship would come before the Board. Mr. Burge ,on stated I would suggest that since Mr. Holloman knows all of the underground out here as far as cutting the roadway, he put everything in so M. November 21, 1996 16 G that the property can be developed where it needs to come across so that it can go underground. Mr. Petty stated I think these are all good suggestions and when we say "direct Staff', we are talking about the Engineer and the Attorney putting this together since those will be the two people employing this document for the Board and for the District. All of the reviews will be done by the District Engineer and if there is any legal problem with the application of the rules, that will be handled by District Counsel. Mr. Petty stated we are all familiar with the intent of the document and now we are asking for the Engineer and the Attorney to come to the Board with a more detailed draft that tells us what mechanics they would like to use to implement those. On MOTION by Mr. Gatti seconded by Mr. Sherry with all in favor Staff was directed to draft recommendations for operational policies in the form of a document which can be adotated by the Board. Mr. Anderson asked do you want the Manager to advertise this for formal adoption at the next meeting to bring back a revised document? Mr. Barnard stated I think we have to have something to look at. Do Rules such as this have to be adopted at Public Hearings? Mr. Anderson responded yes, they do. Mr. Barnard stated in the future, we will have to do that, but I think the next step should be the draft document so that we have an idea of what it will look like. Mr. Holleman asked while we are looking at this, do you want us to consider the drainage easements that the District owns that potentially could have things built on top of them? Mr. Gatti responded that is a good question because you say "potentially ", but when we set; up a water management area, the County does not allow you to mess with that. Are we subservient to the County in terms of water management? Mr. Holloinan responded not that I am aware of. Mr. Petty stated I thought we were subject to the South Florida Water Management District. Mr. Barnard stated any construction has to be approved by the County. 7 November 21, 1996 �bG Mr. Holloman stated the County is the one who permits the water management works. The thing I am worried about is we have, for example, on Sanctuary Point, a retention area that runs along the back of the wall. Obviously people can get permits to put in a dock and they have to cross the retention area with something. Mr. Burgeson stated they have had to build a bridge. Mr. Holloman stated while you are addressing it, this would be the logical place and I want to be sure I am not overstepping by looking at those kinds of things. Mr. Barnard stated this has come up a couple of times recently. I have gotten calls from builders saying I cannot get a final until the District signs off and I will not sign off until Mr. Holloman tells me it is okay. Mr. Petty stated what we are asking Staff to come up with is the procedures for modifying; the rules for specific needs and wants in the District. Mr. Holloman stated I think that will help the homeowners get through the County because I have had to come out here on several occasions to look at some of those things. SEVENTH GIRDER. OF BUSINESS Staff Reports A. Attorney There being none, the next item followed. B. Erigineer - Discussion of Security Mr. Holloman stated I was supposed to ask the developer of the other side if he is planning to put up a security gate and I did not ask him that. Mr. Barnard stated I have not heard that issue raised since it was first discussed. Mr. Holloman stated I know you asked whether or not they could do it and what the cost would be. Mr. Barnard stated at one time, there was a conceptual approval for the entire Phase 2 area. Mr. Holloman stated for the actual entrance to The Caves. Mr. Barnard stated there was a request to put in some sort of a card operated gate. I think most of the residents have expressed a desire to have that and the District has conceptually approved it but we do not have the funds to pay for it so it is in the developer's ballpark. Mr. Holloman stated I will follow up further. 9 November 21, 1996 C. Manager 6 G Mr. Petty stated I would like the new Board members to stay after the meeting so that I can get you to sign your Oaths for the record and to give you the information we discussed earlier. Operationally, we are still working out the emergency generator system alternative that we had discussed before. For the new Board members, what that consists of is instead of buying a new generator to replace the water plant's twenty or twenty -five year old system, we will use the excess capability of a state -of -the -art generator running the waste water treatment plant. We are going to run wires from there to the water plant. The prices that we are getting by phone are much higher than we anticipated but Staff is still working on that and we will be in contact with the Engineer over the next week or two and at next month's Board meeting, we hope to bring that to you for your approval. Secondly, we did get noticed by DEP about an operating condition at the water plant. We were repairing the mixer on our lime softening plant. We were not out of compliance with any permit, but DEP has a way of letting you know that they know how your plant is running. Everything is fine, the part has been repaired. We were down for a few days, but the treatment always met the conditions of the permit. Mr. Stephens has been spraying lately. The mosquitoes got intense in the last week. From what I understand, the spraying does seem to have a noticeable impact. We hope that Mr. Stephens will continue that and with cooler weather, hopefully it will not be so bad. EIGHTH ORDER OF BUSITTESS Supervisor's Requests and Audience Commeuts Mr. Gatti stated I would like the Board to consider something and I am looking for direction from Staff because I have not thought this through totally. We have many talented people in our subdivision. Many of them are accountants, engineers, etc. and it seems to me that it is a shame to not take advantage of those talents. The other thing that comes to mind is that many people ask us questions and you can tell from the questions that they do not understand many of the things that happen here. For example, why did we have to raise the rates this year? Why don't we have any reserves? Those are serious questions. I know the Board offers this information to anyone who wants it but I think we will have a more complete community if we get more people involved. I recognize that the 0 November 21, 1996 16G State Statutes make the Board directly responsible for anything that happens and I am not suggesting that we change that in any way, but what I would like to suggest is that we potentially set up two or three volunteer committees, such as a Finance Committee. They would not have any jurisdiction over the Board except to make recommendations, but they could look over the budget and at least have that information in front of them as we go through the process. Another suggestion is a County Liaison Committee because we are almost at the point where our tax base is similar to Ochopee. The County Liaison will be fire protection permits and enforcement, the Finance Committee will be budget, operation costs and reserves and Streets and Grounds will be maintenance, permits and improvement programs. We are going to come up with some ideas to improve things and it will cost money. We are going to have to try to convince the community. If they are involved, it will not be as difficult or we will get direction from the community on where to go. The last committee is an Information Committee where we make the information available and they distribute it. I know this is short notice, especially with the new members of the Board, but I would like you to think about it. I will share with you the committee structure that I have proposed. I do not expect any action today but please think about the pros and cons, particularly from the Staffs point of view. Mr. Wolsky asked do other C.I.D.'s do anything along this line? Mr. Petty responded committees are a viable way of keeping the community involved in what you are doing. You have to be careful because you do not want to give away responsibility so each committee should be looked at, reviewed carefully and when you set up a committee, make sure they know exactly what they are supposed to do and what their boundaries are. They are a useful tool in keeping the community apprised of what the District is doing. I can tell you historically these Community Development Districts or Improvement Districts have a tendency not to spend money for public relations so committees can be helpful in that regard. Mr. Gatti stated if you have a precedent that we can use as a framework, that would be helpful. These ideas came to me from the questions that we have received. Mr. Petty stated in the areas of Budget and Finance, at several Districts we have a committee who works directly with Staff during the spring and early summer months when we formulate the budget and they go over all of those 10 November 21, 1996 16G tedious items, as the Board will have to do as well, but it helps to have that core group saying, "Yes, we have gone through it step by step with your Staff as you have done and we agree as well. Our recommendation is this is the proper course of action." Those are areas where the Board may find it helpful to have the back- up research clone by the committee. The Information Committee is useful and not used often enough. If there is a group at Port of the Islands that we can use as our Ambassadors who can be made aware of our programs, our objectives and our desires for the forthcoming year, it becomes helpful for the community to know what we are doing, at least in this year, because you have those people who can answer those questions for you. For example, this would be our North Road Landscaping Project. The committee would be made aware of that, the residents would be made aware and any help they could offer would have a channel to reach us. Mr. Gatti stated maybe Staff could put something together for further consideration. I do not expect anyone to do anything at this point. Of course, the committees could be volunteer. Mr. Petty stated we will be glad to come back with a draft that will set the terms and the time limits, etc. A resident asked on the North Side landscaping, is that on a scheduled basis? Is it scheduled for December? Mr. Barnard responded this document that I received today is the reason this has not gone forward. Where are we in the bidding process? Mr. Petty responded we have not bid until we resolve the right -of -way question. Mr. Barnard stated we did not want to spend a lot of money landscaping somebody else's land and then have them tell us to remove it because it was not approved. This is the document that gives us a landscape easement to be able to landscape the entry which is on somebody else's land. Some of it is on District land but it expands out. When it is signed by the owner, and he has agreed to sign it, then we will be able to go forward with the project. That has been the hold up. It should take a week or so to get this back signed, but it should not be a problem. The resident stated the mosquito spraying is wonderful but I would like to recommend that he not go 30 miles an hour, maybe 15 miles an hour. I think it would benefit us more. Mr. Petty stated he is listening to you so I am sure if he can, he will. I have to tell you that the equipment is set up for a certain speed and a certain dispersal 11 November 21, 1996 I 6 rate so if he slows up, he will slow down what gets pumped out. He can slow down, but I do not think it will kill more mosquitoes. A resident stated Mr. Gatti recommended the landowner involvement and Mr. Wolski asked if other development districts had taken this course and you said yes. I was surprised. Are there other C.I.D.'s doing anything different than we are and did it take Mr. Gatti years to find out that other districts were doing this and it was helping and you were aware of it? Mr. Petty responded you put me in a bad position. If I say yes, I am in trouble and if I say no, I am in trouble. The Board may want to consider if there is a member on the Board who can avail himself, we will be happy to take you with us to the other C.D.D. meetings so that you can see first hand what they are doing. It is difficult for me to say what you would like or what you could use that somebody else has used. In this regard, if you would like to see what the others are doing, you are certainly welcome and we will schedule that for any Board member you choose. Mr. Gatti stated C.I.D.'s can provide certain services. For example, we discussed a gate earlier. That is a legitimate service. Security is a legitimate service that you can provide as a C.I.D. function and this is the reason I bring it up. Different C.I.D.'s probably have different functions and accomplish different things and so in that context, you will have different things happening. I can almost predict that if a gate goes in on the other side, we are going to want one on this side and I suggest to the developer that we keep this together in a package and again, it is a C.I.D. legitimate use and I cannot speak for the audience, but living; here, I think we would both see this as a package. I would hate to see you spending money over there and then this side comes to the Board and says now we want them to pay for half of ours. I am sure that if we consider gates, we should consider them for both sides and we will get input from the people when we do that. Mr. Barnard stated if the developer volunteers to spend the money, that is where his ownership is, but I agree with you. I am trying to imagine a circumstance whereby if the developer made that improvement and donated it to the District and the District then, in the future, decided to do a similar structure on its own, I do not think we would have to pay anybody any money back. The other thing we might want to do is look into taking over that function through the District and look into what the cost would be to install and operate security for both sides. It would be difficult to have any type of security where it November 21, 1996 impedes people being able to get to the hotel or to the marina but we have always 1 6G envisioned that below the marina where it becomes residential, you could do something similar. Card operated gates are not attractive. Mr. Gatti stated that is a good point. When we look at the security, we should look at it from a total picture. I wanted to get out on the table that if a security system is put in, I think we have to look at it from a global aspect, not only an individual section. A resident stated we are new on Stella Maris and we would like to know the status of the street lights and if there is a complication. Do I need to write a letter to someone or call someone? Mr. Burgeson responded I have to follow up on that because there are supposed to be street lights going in. The resident stated I have heard many reasons why there are no street lights. I heard that something was wrong with the street, it had not been accepted, etc. Mr. Gatti stated the lights do not go in the street, they go in the right -of -way. Lee County Electric will be installing them. The resident asked has anyone pursued the idea of hiring of a security service? Have you gotten any estimates from a patrol standpoint? I had Allied come out and they gave me an estimate of what they will charge to do the entire area on an hourly basis and they will leave the police car sitting here. It will be from 6:00 P.M. until 6:00 A.M. They said if you want it 9:00 in the evening to 6:00 A.M. it is $11.00 per hour. They also said you could split it up between the hotel, the R.V. park, the development, or however you want to do it. They gave me a brochure and they handle security for a lot of large places around here. I thought in the interim, we could put in some type of a security gate. If you had a presence of security it might be a good idea. A resident stated when we moved in, there were no lights originally and we are on The Cays. I was quite concerned about security. I do not know about the building sites but we have had no problems. There is a police car that does come through. A resident stated as this area grows, there are more people and more opportunity. What you try to do with security is to deter thieves. A true thief does not care what type of security you have, but a lot of people will not bother if they see a car or they see some signs in the entrance way that the area is patrolled. If you 13 November 21, 1996 1 b G put signs on your home saying that you have an alarm system, even if you do not, it is a deterrent. Mr. Gatti stated we are all concerned with security and we are all concerned with our budget, which does not have money in it this year, but as we come up, particularly if we have a committee to help us with the budget, those are things that can be discussed but I suggest that it will be a significant increase in the maintenance fees if we handle it that way. A resident asked is it possible to get a copy of the budget that you are using now? Mr. Petty responded if you would give me your name and address after the meeting, I will mail one to you. A resident asked is the charge for accounting with Hoch, Frey consistent with what other C.I.D.'s pay? Mr. Petty responded yes, it is. It all depends on what your funds are used for, for instance, if you have bonds outstanding and what their review requirements are. The auditors always look at those types of issues. It depends on how much work they have to do and Hoch, Frey and Zugman are competitive with other auditors for other Districts for similar duties. NINTH ORDER OF BUSINESS Approval of Invoices On MOTION by Mr. Gatti seconded by Mr. Wolsky with all in favor the invoices were approved. Tai ORDER OF BUSINESS Adjournment The meeting adjourned at 5:00 P.M. Chairman 14 I6G POW OF UM MANM Thursday November 21, 1996 25000 Tamiami Trail East 4:00 P.M. Naples, Florida 1. Roll Call 2. Organizational Matters A. Oath of Office for Newly Elected Supervisors B. Election of Officers C. Consideration of Resolution 97 -1 Canvassing and Certifying the Results of the Landowners Election 3. Approval of the Minutes of the October 24, 1996 Meeting 4. Consideration of Engagement Letter with Hoch, Frey & Zugman to Perform the Audit for Fiscal Year Ended September 30, 1996 6. Consideration of Acceptance of Facilities for Stella Maria and Sunset Cay 6. Discussion of Operational Policies 7. Staff Reports A. .Attorney B. Engineer - Discussion of Security C. Manager 8. Supervisor's Requests and Audience Comments 9. Approval of Invoices 10. Adjournment Naples Daily News Naples, FL 33940 Affidavit of Publication ------------- ---- -+ PORT OF THI: ISLANDS 10300 Nw 11TH MANOR CORAL SPRINGS FL 33071 REFERENCE: 010948 57'389524 Notice Of MeetingPor State of Florida County of Collier Before the undersigned authority, personally appeared Nina Iverson, who on oath says that she serves as the Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier Canty, Florida : that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or coporation sny discount, rebate, cow ission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 11/14 AD SPACE: 4.417 INCH FILED ON: 11/14/96 16� Notice Of Meeting Fart of ffk blah Commun"V IMProvement Cwrid The Board of Supervisors of the port of the lsbo ds Community Improvement District will hold their regular mee M at 4N p.M., f ct �ld es�of he D at part a ff* Want Resort, 25000 Tomiami Trail East, Nopks, Florida 31961. The meeting Is open to it* public and will be conducted in occar a with the provisions of Florldo Law for Commurh. ty Devehopmertt DistrldL morehere may be 000MIOns when oft or Supervisors pwkipate by teie. phone. At the above location these will be Present a speaker tekphone so that any i, terested person can aftW the meeting at the above lomft and be h* kftred of soon or by �' AnY eon remaking special accom- modaMons or m ��+erbecntae of 043_ ability the �Of11ce at (951) 753-M at least five calendpr days prior to the Each person who derides to appeal arty decision mode by fhe Board with re- spect to any ., 0 1& considered at the meefing Is advised that Peron will need a record of the proceedings and that oc• sure a e need verb m record It* to pro.o• ceedings Is mode, Including the testimo. ny and evidence Won which such ap. to be GarY L Mayer based Manager November 11 No. U%04 Signature of Affiant Sworn to and Subscribed before we this j day of 'LV — 1¢L� Personally known by me r �• -1Jdt A r��. n;v'. .iUdifh A. I�erngRri my COMM" 0 5 CCS01M CKPF FeNmy 19. 20M .?"^. DOMED TMW Thar PM 00imm M an Oath of Office I, Thomas Barnard, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Port of the Island Community Improvement District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon moctile office of Sunervisor of the Port of the Island Community Improvemen strict, Co lier CountFlorida. -, -1, 9 _ I - Thomas Barnard Date • • .`� • . • •c / 1 1bG Oath of Office I, Richard Burgeson, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Port of the Island Community Improvement District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Port of the Island Community Improvement District, Collier County, Florida. Richard Burgeson // /a i/ '?L Date Oath of Office I, Jason Sherry, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Port of the Island Community Improvement District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Post of the Island Community Improvement District, Collier County, Florida. Jason erry Date r 'v /1 1, 1 tin 16G 16G RESOLUTION 97 -1 RESOLUTION � O IN THE gESjj LjS OF TE LANDOWNERS ELECTION OF SUPERVISORS HA LD PURSUANT TO SECTION 190.006(2), FLORID Whereas, pursuant to Section 190.006(2), Florida Statutes, a landowners' meeting is required to be held on the first Tuesday in November every two year3 following the creation or re- establishment of a Community Development ncthandct for the purpose of electing three (3) of the five (5) Supervisors WHEREAS, the Board terms of Supervisors Barnard, and Berger are expiring and their positions accordingly are up for election; and WHEREAS, following proper publication of notice thereof, the landowners' meeting was held on November 5, 1996, at which the below recited persons were duly elected by virtue of the votes cast in their respective favor, as likewise set forth below; and, WHEREAS, the Board by means of this Resolution desires to canvas the votes and declare and certify the results of said election; DIOW, THEREFORE, F THE�FORO FYT THE BOARD SPOOF SUPERVISORS COMMUNITY FAP"ROVENT T DISTRICT; 1. The following persons are found, certified, and declared to have been duly elected as Supervisors of and for the District, having been elected by the votes cast in their favor as shown, to -wit: 592 votes Richard Burgeson Jason Sherry 578 votes Thomas Barnard 476 votes 2. In accordance with said statute, and by virtue of the number of votes cast for the respective Supervisors, they are declared to have been elected for the following terms of office: Four Year Term Richard Burgeson Four Year Term Jason Sherry Two Year Term Thomas Barnard 3. Said terms of office shall commence immediately upon the adoption of this Resolution. 16G Adopted this 21st day of November, 1996. s . Chairman Z��l . uy L, oy Assistant Secretary HocH, FBE Y & ZuorL &NT CERTIFIED PUBLIC ACCOUNTANTS A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS DAv1D B. ZuoMwi, CPA. P.A. JAT Sseenti, CPA. P.A. DAVID B. BLACK, CPA. P.A. FREDSRIcx S. ` RINSTEIN. CPA. P.A. STEVa19 G. Rossi. CPA. P.A. GLaiTT N. Gsrrisle. CPA. P.A. JOEL HOCH. CPA - RET171ED SAMUEL FRET, CPA - RETIRED Gary Moyer, Manager Port of the Islands Community Improvement District 10300 Northwest 11 Manor Coral Springs, FL 33071 FOURTH FLOOR 467S NORTH FCOCRAL HIGHWAY FORT I_ UDa2DALS. FLOUDA 00008.4610 BROWARO 1954) 351 -9000 • GAGE 13031 947-7717 FAX 19541351 -9011 SANCTUARY CENTRE TOWER O -SUITE 207 4600 NORTH FCOCRAL HIGHWAY BOCA PAT DR, FLOW A 00431•5176 (Sol) 368 -9272 FAX (561) 392 -152) November 8, 1996 16G We are pleased to confirm our understanding of the services we are to provide for Port of the Islands Community Improvement District for the year ending September 30, 1996. We will audit the general purpose financial statements of Port of the Islands Community Improvement District as of and for the year ending September 30, 1996. Our audit will be conducted in accordance with generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States (The Yellow Book), and will include tests of the accounting records of Port of the Islands Community Improvement District and other procedures we consider necessary to enable us to express an unqualified opinion that the financial statements are fairly presented, in all material respects, in conformity with generally accepted accounting principles. If our opinion is other than unqualified, we will fully discuss the reasons with you in advance. Our audit will include a review of the system of internal control and of compliance with budgetary and legal requirements by the District. The annual report will include our reports on internal control structure, compliance with laws and regulations, and a management letter as required by the Auditor General rules. The management of Port of the Islands Community Improvement District is responsible for establishing and maintaining an internal control structure. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of internal control structure policies and procedures. The objectives of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition and that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of general purpose financial statements in accordance with generally accepted accounting principles. Port of the Islands Community Improvement District November 8, 1996 Page 2 16G In planning and performing our audit for the year ended September 30, 1996, we will consider the internal control structure in order to determine our auditing procedures for the purpose of expressing our opinion on Port of the Islands Community Improvement District's general purpose financial statements and not to provide assurance on the internal control structure. We will obtain an understanding of the design of the relevant policies and procedures and whether they have been placed in operation, and we will assess control risk. Tests of controls may be performed to test the effectiveness of certain policies and procedures that we consider relevant to preventing and detecting errors and irregularities that are material to the general purpose financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the general purpose financial statements. (Tests of controls are required only if control risk is assessed below the maximum level.) Our tests, if performed, will be less in scope than would be necessary to render an opinion on the internal control structure policies and procedures and, accordingly, no opinion will be expressed. We will inform you of any matters involving internal control structure and its operation that we consider to be reportablc conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in tl)e design or operation of the internal control structure that, in our judgment, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of management in the general purpose financial statements. Compliance with laws, regulations, contracts, and grant agreements applicable to Port of the Islands Community Improvement District is the responsibility of Port of the Islands Community Improvement District's management. As part of obtaining reasonable assurance about whether the general purpose Financial statements are free of material misstatement, we will perform tests of Port of the Islands Community Improvement District's compliance with certain provisions of laws, regulations, contracts, and grants. Hov,+ever, the objective of our audit will not be to provide an opinion on overall compliance with such provisions, and we will not express such an opinion. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and banks. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also request certain written representations from you about the financial statements and related matters. Hocu, FHEY & Zu(3MAN, CPA's Port of the Island Community Improvement District November d, 1996 Page 3 16G An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the Financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. Also, we will plan and perform the audit to obtain reasonable assurance about whether the Financial statements are free of material misstatement_ However, because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk that material errors, irregularities, or illegal acts, including fraud or defalcations, may exist and not be detected by us. We will advise you, however, of any matters of that nature that come to our attention. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. We understand that you will provide us with the basic information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. This responsibility includes the maintenance of adequate records and related internal control structure policies and procedures, the selection and application of accounting principles, and the safeguarding of assets. We understand that your employees /management group will type all cash or other confirmations we request and will locate any invoices selected by us for testing. It is also agreed that your employees /management group will assist us as necessary to document your system of internal control and will at least annually update and complete your checklist for compliance with legal requirements. Our audit is not specifically designed and cannot be relied on to disclose reportable conditions, that is, significant deficiencies in the design or operation of the internal control structure. However, during the audit, if we become aware of such reportable conditions or ways that we believe management practices can be improved, we will communicate them to you in one of the reports mentioned in the second paragraph. We expect to issue our report no latet than January 31, 1997. Our fees for these services will be based on the actual time spent at our standard hourly rates, plus travel and other out -of- pocket costs such as report production, typing, postage, etc. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our audit fee for the year ending September 30, 1996 is estimated at $9,400. Our invoices for these fees are payable on presentation. Hoca, Fazx & Zvox,&N, CPA's Port of the Islands Community Improvement District November 8, 1995 Page 4 We appreciate the opportunity to be of service to Port of the Islands Community Improvement District and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let me know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, HOCH, FREY & ZUGMAN Certified Public Accountants RESPONSE: This letter Erectly sets forth the erstanding of Port of the Islands Community Improvement District. X7 r / Date: ? r �1 G- Hocg, FRzY & ZUGMAN, CPA's 16G 166 PORT OF THE ISLANDS COMMUNITY IMPROVEMENT DISTRICT (CID) OPERATIONAL POLICIES Intent It is the intent of these policies to provide minimum standards governing the construction of any facilities on right -of -ways under CID jurisdiction, including but not limited to, driveways, water and sewer connections, landscaping, signage, telephone, cable tv, or any other utility located in the CID right -of -way. it is further the intent of these policies to include by reference those codes and regulations of Collier County, State of Florida, Department of Environmental Regulations, Environmental Protection Agency, or any other jurisdictional agency as may be applicable. In the implementation of these policies, and any of the referenced applicable codes, "the most stringent code" rule shall apply. Permits Ary owner, authorized agent, or contractor who desires to construct, enlarge, alter or repair any facility on right -of -way under the CID jurisdiction, shall first make an application to the CID and obtain a permit. Ordinary minor repair or hook -ups can be made with verbal approval of the CID designated Engineer or Chairman of the CID, provided that such repair shall not violate any of the policies as provided further herein. Permit fees as outlined further herein, are implemented to cover the cost of the permit review and documentation. 1 1bG CID POLICY NUMBER 1 Damage to CID Property: Contractor doing work on or adjacent to CID right -of -way shall be responsible for all damages caused. Damage to any CID property, including but not limited to, roadway, median areas, or any infrastructure, shall be restored in kind. SubJect to CID approval, monies equal to cost of repair can be put in CID general fund in lieu of property repair. CID POLICY NUMBER 2 Roadway Surface: All work requiring placement of utilities under CID existing roadways, shall be implemented in such a way so as not to cut the roadway surface. In cases of undue hardship, roadways can be open cut only with specific approval of the CID Board of Directors. CID POLICY NUMBER 3 Construction Standards: All work implemented on CID property shall be in accordance with current industry standards as may be applicable. All work and applicable standards shall be reviewed by the CID designated Engineer and recommended to the CID Board for approval. 2 CID POLICY NUMBER 4 Placement of Objects: Placement of any objects on CID right -of -way including, but not limited to, signage, landscaping, or any improvements, shall be in accordance with all CID established standards and subject to CID permitting and approval. CID POLICY NUMBER 4 Signage - refer to previous language. 1 vemr,\Wn.wpw 3 16G PORT OF THE ISLANDS COhSMUNITY UgPROVEMENT DISTRICT RIGHT -OIL -WAYS OPERATIONAL RULES mien 16 It is the intent of these riles to provide minimum standards governing 1) the use of District right -of -ways for the transport of any construction or building material to be used on property outside the boundaries of the District, other than the remainder of such material as is left after use on a property within the boundaries of the District; and 2) the construction of any facilities on or adjacent to District right -of -ways, including but not limited to, driveways, water and sewer connections, landscaping, signage, telephone, cable tv, or any other utility located in the District right -of -way. It is further the intent of these policies to include by reference those codes and regulations of Collier County, State of Florida, Department of Environmental Protection, Environmental Protection Agency, or any other jurisdictional agency as may be applicable. In the implementation of these policies, and any of the referenced applicable codes, the most restrictive provision shall apply. Permits Any person who desires to construct, enlarge, alter or repair any facility on or adjacent to District right -of -way shall be required to first make an application to the District and obtain a permit and may be required to post a performance bond in an amount determined by the District Engineer. Minor repair or hook -ups can be made with verbal approval of the CID 1 16G designated Engineer or Chairman of the District Board of Supervisors, provided that such repair shall not violate any of the policies as provided further herein. Permit fees as outlined further herein, are implemented to cover the cost of the permit review and documentation. Dainage to CID Property Any person doing work on or adjacent to District right -of -way shall be responsible for all damages caused. Damage to any District property, including but not limited to, roadway, median areas, or any infrastructure, shall be restored in kind. Subject to District approval, monies equal to cost of repair can be put in District general fund ui lieu of property repair. Roadway Surface All work requiring placement of utilities under District roadways, shall be implemented in such a way so as not to cut the roadway surface. In cases of undue hardship, roadways can be open cut only with specific approval of the District Board of Supervisors. Construction Standards All work implemented on District property shall be in accordance with current governmental and industry standards as may be applicable. All work and applicable standards shall be reviewed by the District Engineer and recommended to the District Board for approval. Flacement of Objects Placement of any objects within District right-of-way including, but not limited to, 2 16G , , signage, landscaping, or any improvements, shall be in accordance with all District established standards and subject to District and any other applicable governmental permitting and approval. Transport of Construction or Building Materials No person shall use District right -of -ways for the transport of any construction or building material to be used on property outside the boundaries of the District without the prior approval of the Board of Supervisors of the District and posting of a performance bond with the District in an amount determined by the District Engineer sufficient to cover the costs of repair or replacement of improvements within the right -of -way that may be damaged by such transport; however, this requirement shall not be applicable where the material transported is left over after use on property within the boundaries of the District. 2'20326P 3 16b T lfmowwtv. 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CZ^ N W Z S S o000 du w w ^c— W O LYI JYl V ^OOV n K r P P ♦ LL f LL f • CJ � f � T C X Or'1 pf1 ♦ �OQ:n J V ♦ S ^ S ♦ OW WnWn . -n.-n u 2 V ^ V ^ c Ix O O O O W U W O Z f 2 f N f N t O N N 3 3 Z 3 2 a a 1 n W ? O• V •1 T N 1 p fa n z n n w > s w v. W w l: L - Q < 2 S 0 W H O a Z P P � � 4 K O O O O O ^ Z O � O Z O f o LL z c o n Z Y n � N Q < u V O 0 MINuTEs OF mEETING POR T OF THE MANDS t••4 ��+ ' -1(=% L�'� JAI! . 7 _'16 ( ,rd of County Comnissi The regular meeting of the Board of Supervisors of the Port of the Islands Community Improvement District was held Thursday, December 19, 1996 at 4:00 P.M. at 25000 Tamiami Trail East, Naples, Florida. Present and constituting a quorum were: Thomas L. Barnard Chairman Richard Gatti Supervisor Richard Burgeson Supervisor Jason Sherry Supervisor Also present were: Mr. Barnard called the meeting to order at 4:00 P.M. and stated the record will reflect that all Supervisors are present with the exception of Mr. Wolsky. SECOND ORDER OF BUT9�T Approval of the Minutes of the November 21,1996 Meeting Mr. Barnard stated each Supervisor had received a copy of the November 21, 1996 minutes and asked if there are any corrections, additions or deletions. There being none, On MOTION by Mr. Gatti seconded r. Sherry with all in favor the November 21, 1996 minutes were approved. THIRD ORDIM OF' BUSIlVI' SS Consideration of Proposal for Development of Committees Mr. Petty stated in your packages, we have included some histories on volunteers and committees, one of which is the latest committee that we created in another District, which is the Indian Trace Community Development District, John Petty District Staff Harry Holloman Engineer - Bruce Anderson Attorney Tim Stephens Disixict Staff Notary Myrna J. Bryant Barry Berger Resident Seven Residents Cu!l-'s To: FIRST ORDIM OF BUSINESS Ron Call Mr. Barnard called the meeting to order at 4:00 P.M. and stated the record will reflect that all Supervisors are present with the exception of Mr. Wolsky. SECOND ORDER OF BUT9�T Approval of the Minutes of the November 21,1996 Meeting Mr. Barnard stated each Supervisor had received a copy of the November 21, 1996 minutes and asked if there are any corrections, additions or deletions. There being none, On MOTION by Mr. Gatti seconded r. Sherry with all in favor the November 21, 1996 minutes were approved. THIRD ORDIM OF' BUSIlVI' SS Consideration of Proposal for Development of Committees Mr. Petty stated in your packages, we have included some histories on volunteers and committees, one of which is the latest committee that we created in another District, which is the Indian Trace Community Development District, December 19, 1996 161 which you vrill see as the City of Weston in the front of your package. That was the first District that came underneath that particular part of Chapter 190 and considered incorporation and a committee was formed to help with the duties involved in trying to decide whether or not that was the most feasible approach. The outline tells you how specific you need to be with committees and how much direction you need to give them and it is a good example of specific committees given specific tasks. Also included in your package are a few articles pulled from some homeowner associations which are not the same as government entities but I think the intent is similar to what we are trying to do and that is why they were included in your package. These articles were sent to you so that you can keep in mind that the committees cannot be formed and then left alone. These are similar to anything else that you create which takes a great deal of your time and effort to keep it alive and functioning the way you need it to function. There is a difference between committees and volunteers. Volunteers are a little easier i:or us to deal with as a government entity. I am going to defer to District Counsel in a moment, but Committees are handled similar to the way this Board is handled as far as public notice is concerned. I will give you some examples. If you have a volunteer that was checking on the status of the landscaping who does daily or weekly walk - throughs to see the condition of the trees, bushes and median strips and then reports to a District officer or personnel to aid in their duties, that is something we cEm do without much formality. If you want to form a three person committee to undertake consideration of proposals to this Board in May of an annual budget, all meetings that that committee attends have to be advertised in the same manner that this meeting is advertised. It has to be open to the public in the same manner as this is along with all of the other conditions that I have shown you that you should adhere to if you create a committee, which is to give them specific goals and objectives, a time frame to get them done, all the necessary tools to get them completed and then typically a reward of some type for doing a good job so that the efforts of the community are acknowledged publicly. I am going to defer now to District Counsel to give you some more background on these committees and your obligations. Mr. Anderson stated any committee that you appoint that reports to you is subject to the Sunshine Law the same as you are and their meetings have to be noticed and have to be taped, there has to be minutes, so if there is anything formal done where they report to the Board, they are subject to the Sunshine Law 2 December 19, 1996 16G and I would distinguish that from something that the residents might want to organize on their own and then come to a meeting and present that which has no official sanction from the Board for them to organize and review things. They could accomplish much of the same things on their own without a formal appointment by this Board. Mr. Gatti stated you are talking about creating committees versus volunteers. The last thing I wanted to do is create a duplicate Board. That was not my intention. My intent was as much to disseminate information and to bring the public in greater contact with the activities of the District. My general inclination would be more towards a volunteer group rather than something that has to have all of the nuances of a committee. In that context, is it appropriate in a volunteer group to make information available to them and things of that nature so that it is a meaningful exercise? Mr. Anderson responded absolutely. Mr. Barnard stated that the minutes and all relevant documents of the District are always available through public records. Mr. Berger asked can a Board member head a volunteer group? Mr. Anderson responded yes. Mr. Gatti stated that is a little more of what my intent was. My original idea was to have one Board member head. up various interests on the volunteer groups such as security, street lighting, landscaping, etc. Mr. Barnard asked does it require any action today? Mr. Anderson responded there should not be any. Mr. Gatti stated at the next meeting, I will put together a draft and suggest a program based on today's comments. FOURM ORDER OF BL SUgE.SS Consideration of Acceptance of Facilities for Stella Maris and Sunset Cay Mr. Petty stated we need to make a small correction. We have done it so many times, we put it in as a dual entity, but we have accepted Sunset Cay. Stella Maris is still. outstanding and I will defer to the engineer who is reviewing the condition of the roads. Mr. Holloman stated I have gotten some test results. The tests are coming in acceptable. The only thing that has not been done is when I met with the developer, I requested they overlay that cul -de -sac and the developer has not, done that to date. 3 December 19, 1996 1 L G Mr. Anderson asked how much danger is there of any damage being done to the sewer line in the middle of the roadway when they re -do the work? Mr. Holloman responded there is always a chance. It may be a minimal chance, but there is always a chance when you are doing any road work above the sewer lines. Mr. Anderson stated my suggestion is that we not accept anything under those circumstances because they are not going to change their minds and say they want the utility lines back because they could not get service there. Mr. Barnard asked does this put us at risk with continuing our service with the existing water and sewer lines as discussed? Mr. Anderson responded since you are already in that position, I do not see an increased risk. On MOTION by Mr. Burgeson seconded by Mr. Sherry with all in favor the Consideration of Acceptance of !eetin acilities for Stella Maris was tabled until the next . Mr. Anderson stated I do not know what the status is of the tax deeds that I believe were issued - the tax certificates that were out on the property that we have a lien on. Mr. Barnard stated I will give you an update. There is a certificate which will come up for tax deed in May or June. The owners have been informed of the situation. I checked with the County and you may disagree with this, but the County is of the opinion that if a tax deed is issued, part of the resolution has to be the payment of the lien.. That has to be paid in addition to the 1994 certificate, the 1995 certificate has to be picked up, if there is a 1996 certificate issued by that time, that has to be picked up. Mr. Anderson stated I certainly have no objection to that. Mr. Barnard stated I do not know whether they are right or not. This was someone in the tax office. It was not through the County Attorney or anyone like that. I do not have a feeling for whether this certificate holder is going to file or not. The problem is that each year the certificate is sold, it gets more and more problematic whether or not somebody is going to pay a million or two million 5 December 19, 1996 1 dollars for that piece of property. Right now, it could be in the neighborhood of $600,000 to $650,000 to cash out the property including the lien. Mr. Anderson asked have we received back from those owners the landscape easement? Mr. Barnard responded the landscape easement was sent to the owner. Unfortunately, it was signed out of state and sent back to Coral Springs to get notarized in Florida. It has gone back to Ohio to be notarized and he has agreed to provide us with the easement. Mr. Anderson stated another option that the District has is to record a judgment in Broward County where at least one of the owners is located. Mr. Barnard stated I suspect that you will find that it is a Corporation listed as owners of the property. Mr. Anderson stated there were two names. Mr. Barnard asked there were two names on the public record? Mr. Anderson responded correct. My thought was I do not know that they own any property in Broward County in that name but that was where we got Service of Process on one of them and if we record our judgment in Broward County, then we may increase our chances of getting paid if they own some property there and it comes up for conveyance. Mr. Barnard asked are the liens individual or are they on the piece of land? Mr. Anderson responded it is a judgment. It is my recollection that it is a partnership rather than a corporation so the partners will be individually and jointly liable and my thought was for a minimum amount of money, we can get a Certified copy of the judgment and send it to Mr. Moyer's office and have them record it in the public records in Broward County, but I did not want to do that without the Board's direction. Mr. Barnard stated since the landowner is cooperating with us on the landscape easement issue, my suggestion is to hold off until that matter is clear. R EnOneex Mr. Holloman stated I have one item. We have been working on the operating permit for the wastewater treatment plant for awhile now and have been going back and forth with DEP. They are ready to issue one and get rid of the temporary operating permit we are currently working under. One of the fights we have been having with DEP is they are saying the wetlands are discharging into the Faka Union Canal puts us in a different category as opposed to the discharge in the man made wetlands. The difference in the annual permit fee is C. December 19, 1996 16G $200 if we are discharging to the isolated man made wetlands or $1,000 for a surface water discharge. What I want to do is bring back to you what it will take to permit at the existing level and compare costs because of the increase in permit costs. On MOTION by Mr. Gatti seconded by Mr. Sherry with all in favor the District Engineer was authorized to perform the work to evaluate the cost of keeping the permit costs at their current level. C. 112anager - Report on the Cost of Running Wires from Wastewater I'xwtment Plant to the Water Plant Mr. Petty stated at our last Board meeting, we talked about our continued efforts to put to rest the problems with the emergency generator at the water treatment plant. Staff has been working with the District's Engineer on getting prices for running emergency power from the existing wastewater treatment plant through its generator and through its switch gear to the water treatment plant to get rid of the 25 year old mobile generator that we have there, which we have blown a valve in. The options have ranged from vetting used generators, replacing the motor, replacing the entire generator with a new one, trying to find equipment from Collier County and we have gone through all of those possibilities and the Engineer has also gotten the electrical engineer to come back out and re -visit the plant and come up with another alternative, which is what we are discussing now, running power from the wastewater treatment plant to the water treatment plant. We have gotten three proposals back. The first two are close together in the $13,000 range for running these wires from the wastewater treatment plant to the water treatment plant, to the high of $18,000. These are proposals which are above our statutory limits, which means they are above the $10,000 mark so we have to publicly bid these unless the Board declared it as an emergency or if the Engineer declared it a sole source. Those are the only two exceptions that I am aware of, neither of which I believe exists in this case. We had hoped that this wiring change would only be about $2,500. Unfortunately that is not the case. Mr. Barnard asked since this came from the electrical engineer's estimate, does his firm have a construction division that is willing to take on the project at their estimated cost? 7 December 19, 1996 1 Mr. Holloman responded no, they do not have a construction division. He went back and he found an error in assessing the material costs of the transfer switch and some other items. Mr. Barnard asked how does th %t compare with the cost of replacing the generator ? Mr. Petty responded the new generators were $23,000 or $24,000 installed. Mr. Stephens stated they had recently gotten a quote in the $12,000 to $13,000 range. Mr. Holloman stated the thing that buying a new generator will do for you or will not do for you is right now, the water plant has no automatic transfer switch. If you lose power in the middle of the night, someone has to come down and physically turn it on. The thing I like about running off the wastewater plant to the water plant is you are going to use the transfer switch that is already in place to switch the power over so you are getting that capability that if you lose the power in the middle of the night, typically you are going to lose it during a major storm or when it gets cold. Mr. Barnard asked if we buy a new generator with automatic transfer switch capabilities, will that solve the problem or will that incur additional dollars? Mr. Holloman responded it will probably be another $6.000 to $8,000. Mr. Barnard stated we had received a price of approximately $12,000 for a new generator. Maybe by advertising it in the paper, we may get a lower bid. Mr. Petty stated the prognosis is that the bids will probably be around $15,000 or $1.6,000 once we put all of the bid specifications together. Most contractors will give you a good bid based on a loose proposal where they can write in their exemptions. When we get done with it as a government entity, even if we do it laid back, it usually costs us $1,000 or $2,000 more. I will bring up another point. We do not have the funds available in our budget. We have to pull those types of funds out of our Capital Improvement bond money and that has to be an allocation by the Engineer. He has to sign off on any new expenses. Mr. Holloman stated there are two times a year you worry about power failures. One time is if you have a major thunderstorm. The other time is when it gets cold. Mr. Petty stated if we bid it, we are looking at 90 days at the minimum. I will go over the options again. You have an option of buying a new motor, which December 19, 1996 we can have in about two or three weeks and if I remember the price, it is around $4,500 installed. Mr. Barnard asked that will be utilizing the generator that is currently at the water plant? Mr. Petty responded that is correct. All we do is replace the motor that threw a valve. Secondly, we buy a new generator which, even if we go off the state bid list, which means we do not have to publicly bid it, it is still a 60, maybe 90 day routine because it is not likely he has it sitting there. He is going to build it for us out of pieces. The third would be any type of bid, whether it be for a new generator or for the contract and that will be 90 days. Staff will take a minimum of two weeks to put it together, 30 days more likely to put it together, you are going to give the contractor a minimum of 30 days typically to bid it so that you get good bids, you will award it at the next scheduled Board meeting which hopefully coincides with those two 30 day periods and you will give the contractor two to four weeks to sign the document.. Mr. Barnard asked 90 days minimum? Mr. Petty responded minimum. Mr. Barnard asked we have a small portable generator. Is it of sufficient capacity to run any portion of the emergency power needed at the water plant, if you run one pump or a half of a pump? Mr. Stephens responded it is possible to run the high service pump, however, the wiring will have to be changed to become compatible with the generator and other processes need to run at the same time. A resident asked did you report that a new emergency generator was only a few thousand dollars more than the wiring alternative? Mr. Petty responded between $22,000 and $25,000. The resident asked was the wiring option about $16,000? Mr. Petty responded the wiring alternative is to be considered $8,000 to $10,000 less than buying a new emergency generator. We have gotten proposals in for $13,000 to $18,000 for the wiring option. When we go out to bid, we are projecting $16,000 will be the average bid. 16G Mr. Barnard stated we do not have the funds to do either one. Mr. Petty stated unless we go into the bond money, which we have money set aside for that irrigation line running to the north. �1 December 19, 1996 16 r Mr. Barnard stated that is what I am saying. We have to go back and l7 budget for this item. Mr. Petty stated it will have to be up to the Engineer to redesignate those funds, which we have done before. Mr. Barnard asked he can reallocate? Mr. Petty responded we do have enough money in the operating budget scheduled this year to afford the $4,500 motor. Anything other than that, we are facing some other problems. The consideration here is that the generator is 25 years old. We are trying to build up a reserve so that we can address those issues but it has not been built up. Mr. Holloman asked can we negotiate with the low bidder to have the District buy the material? Mr. Petty responded that is an option that the District can look into. I think what we are looking at is an expenditure of $4,500 which is in the budget under Repairs and Maintenance. It is a major portion of our Repairs and Maintenance budget but it is there, versus a $12,000 expenditure whether we buy the parts or the contractor buys the parts. That may put us over the Operating Budget and into the Capital Funds. Mr. Holloman stated my concern is that I cannot recommend replacement of the motor alone. I am concerned more with the generator hook -ups, the wiring and controls and everything existing. What I am asking is if we buy the materials and we negotiate the labor, will that bring us in under the limit? Mr. Petty stated that cuts down on the time problem. Mr. Barnard asked can we do this using funds in the Operating portion of the budget that we have available or capital funds from the bond? Mr. Petty responded we have done that. If you recall, on the North road that we improved, we did that from three sources of funds. On MOTION by Mr. Sherry seconded by Mr. Burgeson with all in favor the Board agreed to follow the Engineer's recommendation to have the District purchase the material and contract for the labor for the emergency generator capabilities of the wiring option. SIXTH ORDER. OF BUSINESS Supervisor's Requests and Audience Comments A resident asked does the landscape easement cover the proposed landscape feature on the North Road? 10 December 19, 1996 16G Mr. Gatti stated first of all, we need to describe to you what the C.I.D. property is over there. That is the roadway that goes from 41 up to the front of the hotel. If you look at the area that we recently resurfaced over there, that is C.I.D. property and it curves around and goes up to the hotel. The part that we are talking about landscaping is the part from U.S. 41 up to the hotel which is C.I.D property. A resident asked why are we doing the easement? Mr. Holloman stated right at the entrance of 41 going into the road to the north, usually it spreads out a little. What we want to do is get a little bit of easement on the corner of those lots so that at the entryway as you expand out, it will be similar to what is on the other side so that you can have something that looks nice right at the entrance. A resident asked will we be upgrading the landscaping on the entire North Road? Mr. Holloman responded not in the first phase. A resident asked you are still talking right at the entrance? Mr. Holloman responded for the first phase, it has money and I believe the intent of the Board is as money comes in year to year, to expand it out. Mr. Gatti asked what is the status of those plans? Mr. Holloman responded it is ready to go. Mr. Berger asked at the last meeting, the homeowners asked for a status on the lighting of Stella Maris. Have we heard anything new? Mr. Petty responded the Board has not accepted those facilities. We do not own any street lights in that area. I think what Mr. Berger is referring to is that Mr. Burgeson, as the developer's representative, was saying that he will be looking into the matter for that resident but the District, not owning those facilities, can do nothing to expedite it. A resident asked will the District be installing the street lights? Mr. Gatti responded for everybody's edification, there are different categories of street lighting in the District. Some are owned by the individual sub - subdivisions and some are owned by Lee Power and Electric Company. Mr. Petty stated I am not familiar with any privately owned ones unless Sunset Cay has them. There is Lee County Co -op. Mr. Gatti stated the little ornamental ones? Mr. Petty asked In Evening Star Cay? Mr. Gatti responded yes. 11 December 19, 1996 16G Mr. Petty stated those are District owned. The developer put those in and then deeded them over to the District for $10 and we operate and maintain them. We pay the electric bill and Mr. Stephens goes out there occasionally and changes the light bulbs. Mr. Gatti on the units that were put in by Lee County Co -op, they capitalize it and then we pay for that through the energy portion of the monthly bill? Mr. Petty responded there is a fee that refers strictly to street lamps. We pay $10 per month. Mr. Gatti asked if we want other street lights someplace in the subdivisions, the residents notify the District and that increases that rate, whatever that amount is? Mr. Petty responded they have certain conditions on whether they will put in one additional street light. They tend to like to do it all at once under a master plan that has been approved but that is usually up to the individual developer to do and the District will take on that responsibility because we were going to take on those payments and that is what we have done at Newport, Morningstar and that was one of the major reasons why we took on the street lights in Evening Star Cay was because we were paying for the street lighting in the other subdivisions. A resident asked if the developer has ERC's can he change them and what are ERC's? Mr. Petty responded right now, the District has assigned ERC's and that stands for Equivalent Residential Connection or Equivalent Residential Unit. All you are trying to do is compare that property with a typical single family home of some type, usually the standard in your subdivision. In this case, based on the engineer's evaluation which was done when the bonds were issued, all of the land in Port of the Islands was designated with those ERU or ERC factors. That said this is how many units that land supposedly can have and that is what we are building improvements for so right now, the District has no policy that will allow anybody privately to exchange ERU's or ERC's. They have the option of coming before the Board and petitioning the Board for that, subject to what Counsel and the Engineer can provide back to the Board as input on whether it is feasible or not, but that is the only way. The resident has to petition the Board for consideration for a change in ERU or ERC status. A resident asked if the hotel wanted to expand and someone has ERU's or ERC's unused? 12 December 19, 1996 1 Mr. Petty responded as an example, let us say the hotel did want to expand and Marlena did not want to build some R.V.'s and she wanted to sell some of her R.V.'s to the hotel, no, she cannot. That has to go through the Board. It is not a commodity that she specifically owns but she can come back and petition the Board to transfer. Mr. Gatti asked that is not affected by the zoning? Mr. Burgeson stated the expansion is subject to the zoning. Mr. Petty stated I think I know what you are asking and that is is it already maxed out? In some cases, when it was done in 1989, it may have been maxed out. I cannot tell you that it was with all the property. I am assuming there is some give and take. That is a possibility that someone may come to us later on and want to exchange ERC's. Mr. Gatti stated to a degree, it sounds like an increase or decrease in density of a certain area. Mr. Petty stated what you brought up was if they are going to downgrade the density of a parcel, they have to do that in a legal, defining manner and you are correct, that is what the Board will request. You would not allow a transfer of ERC's if they can come back a week later and put in the density and you gave away something that did not exist. Of course, that is a requirement. If somebody downsized their land, that is a permanent downsizing of their land. A resident stated I believe there had already been a reallocation of ERC's in the past on the R.V. park parcel. Mr. Petty stated there has been a reduction in the R.V.'s and a reallocation. A resident stated I realize that these minutes are available. Might there be a consideration to have available for those of us who attend the meetings a simple sheet explaining what motions were made by the Board and the action taken and any direction given to the Manager or the Attorney. Mr. Gatti asked. a synopsis of the minutes? A resident responded yes, very brief, saying, "Motion was made for the following item. Direction was given to the Attorney to proceed with filing whatever in Broward County." A single sheet. Mr. Gatti stated I am going to ask Mr. Petty and I am sure he will be able to give you a response to your question, but before he does, see if this will satisfy what you are asking. I think that a lot of people are interested in the activities of the Board to see how it affects all of us. Is it appropriate to make a copy of these i December 19, 1996 1bG available either here at the hotel or someplace like the "library so that all you have to do is come up here to look at them. Mr. Sherry stated we have already discussed that. My copy of the minutes are available here at the hotel for anybody who wants to borrow them. I have two copies and anyone can come in and sign them out with Myrna. Mr. Gatti asked will that satisfy what you had in mind? Mr. Petty responded there is nothing wrong with the District posting minutes, posting notices, etc. What I am trying to avoid is confusion. Right now, the Chairman holds the public copies of the minutes here on site. Anybody else that is circulating minutes, they may be accurate, they may be up to date, they may not be. They may be your copy but we sent Mr. Barnard a corrected copy because of something we saw because he is the official keeper of the minutes here on site. Legally we keep minutes at our offices, too. I do not want to make anybody angry and say, " I got you because you did not have the correct minutes." I understand where the residents want to have a community bulletin board or a place where they can go and say, "Here is the status of what is happening in my District." There are two points to raise. I do not think that is a problem at all. I think the best place to do it is at the water plant. That facility is open during normal business hours and to tell you the truth, I like the residents having access and seeing their facilities there. I think the hotel is being gracious for offering to have it here. I know that Mr. Barnard is doing the best he can but he tends to move as the development that he sells moves so I think the wastewater plant is a stationary place for us to do that and we can also have a community bulletin board there that can sit outside so that the plant does not have to be open. You can drive by and read notices of when the meetings are and things of that nature. Mr. Gatti stated but I think this request also included a synopsis of what has happened at the meeting. Mr. Petty stated the question posed is after today's meeting, within a certain period of time, can we have a summary of what happened and I want to tell the Board that the short answer is no. A resident stated all I was asking for is the motions in the minutes and actions taken. Th,s cannot be open to interpretation. For example, a motion was made to do the following. Mr. Petty stated yes, it is subject to interpretation because this Board considers those minutes for approval and after they are approved, that is when they are available to the public. Anything before that time are unapproved, 14 December 19, 1996 16G unabridged minutes which may misdirect the community and that is what I am trying to avoid. A resident stated also I would like to add to the record that this is nothing that elaborate that it will take you a year to go back and read last year's minutes. A simple set of sheets that you can go through and say, "the following motions were made during the last year and this is the action of the Board." "The following directives were given to put so and so out for bid ". A resident asked if the minutes from today's meeting are approved by you at the next meeting, why could it not include in it an additional page that gives a brief synopsis of actions taken, a short story of what is in these minutes and then what actions are to be taken. Mr. Gatti stated I understand what you are saying. I think this Board's activity has to be directed at specific Board duties and to go beyond that and to ask Staff - we can ask them to do anything we want - we being "WE" but we are also paying for it, so when we ask them to do things that are above and beyond normal Board activities, we are going to pay for it and if we need it as a group, that is fine. I think if an individual wants them and he has to dig a little, as long as we make the information available to him, then I think that is the right way to handle it. I prefer to see the approved minutes made available to the group either through the wastewater treatment plant or the hotel. That way there is no question about what is accurate and what is not accurate and everything is directly in line with what we should be doing. A resident asked how long before this meeting are the minutes made available? Mr. Gatti responded we get them about a week ahead of time. Understand that we get them but they are not official until we take the action that we did at the beginning of our meeting. Mr. Burgeson stated I carry mine in my car and I come here every week for anybody who wants to see them. A resident asked how long are the minutes? Mr. Burgeson responded they are thirteen or fourteen pages. Mr. Petty stated if you want to go through and find out what is going on with the District, it is not too difficult because all of the motions are boxed off specifically and it is segmented according to the Agenda which goes by topic so if you want to follow the actions, it is fairly simple to follow. 15 December 19, 1996 I will bring up a concern for the Board to consider. As elected officials who are available and on site, one of the services that you provide is that if people have a question about their C.I.D., they can come to you. If they need information, you have already said you have the books and we will go back at least six months and put them at the plant and keep it current. If you want a volunteer to get involved, I am going to tell you that you may be confusing the issue. I think you have made yourselves available and I think it is up to the citizenry to attend the meetings when possible and when not, to contact your elected officials or their Staff, which is Mr. Stephens and I, with their questions. To go with a volunteer who will disseminate a summary or his opinion of what happened at the meeting, you may be opening yourself up. A resident asked what is the Agenda for? Mr. Petty responded that shows what business is up for discussion at the meeting. A resident asked is it okay if the hotel posts the Agenda? Mr. Gatti responded we are obligated to post the Agenda. Mr. Petty stated actually we are obligated to notice the meeting, not post the Agenda. I have no problems at all with either. I think if we are going to have the residents come to the wastewater plant, I think we should stick with that theme and go out and get one of those outdoor community bulletin boards, I think they only cost about $300, and put that notice with the Agenda on it and any other notices that the District may have, especially those that require Public Hearings. They will be advertised in the paper and we can put them on the District billboard. SEVENTH ORDER OF BUSINESS Approfnd of Invoices On MOTION by Mr. Gatti seconded by Mr. Sherry with all in fav) r th e I r, . voices were approved. EIGHTH ORDER OF BUSINESS Adjournment The meeting adjourned at 5:00 P.M. Chairman J IM 1bG 16G of AGENDA PORT OF THE ISLANDS COMMUNITY 114PROVEMENT DISTRICT Thursday 25000 Tamiami Trail East December 19, 1996 Naples, Florida 4:00 P.M. 1. Roll Call 2. Approval of the Minutes of the November 21, 1996 Meeting 3. Consideration of Proposal for Development of Committees 4. Consideration of Acceptance of Facilities for Stella Maris and Sunset Cay 5. Staff Reports A. Attorney B. Engineer C. Manager - Report on the Cost of Running Wires from Wastewater Treatment Plant to the Water Plant 6. Supervisor's Requests and Audience Comments 7. Approval of Invoices 8. Adjournment 16G -4 1 Naples Daily News Naples, FL 33940 Affidavit of Publication PORT OF THE ISLANDS 10300 Nil 11TH MANOR CORAL SPRINGS FL 33071 — - Off* of com The Board " Supervft of the Islands Communtty lffVwement Dlstrid REFERENCE: 010948 57405737 Notice Of MeetingPor will hold their regular meefGq at 40 P1A, Thursday December 19, 19% In ftw OHkes of the D6tg at Part of the lslarhds Resort, State of Florida 25004 Tanhdomi Troll East, Naples, Aortdo 33961. The meeting Is open to the pubk County of Collier Before the undersigned authority, personally on oath says that she and will be conducted In aaordmce with Low for Camsx>i appeared Nina Iverson, who as the Assistant Secretary of the Naples tyDe elopnxnfDlstrkts. There may be octaslorm when ant or serves Daily News, a daily newspaper published at Haples, Florida :that the attached more SuDervhar3 Pek- phoft At the above locaft More *9 be in Collier County, advertising vas published in said Present a speaker telephone sc that any in-; copy of on dates Listed. tRfested perms cm htteefkhg a' newspaper Affiant further says that the said Naples Daily at Naples, in said the above location and be fuly Harmed of; the d&mlom takkV poke Baler In per.: News is a newspaper published Florida and that the said Collier County, : UM or trytekOh corn(mricali . Any perw requiring spetdd occorTr newspaper Ms heretofore been continuously Florida, each ,,,�dom at because of a d1s. published in said collier County, day and has been entered as second class sail ability or nod the DWW 0"ke of (954) 753-0310 at matter at the post office in Naples, in said least five cdendor days prier to the Collier County, Florida, for a period of 1 year first of the nteeMng, Each person who deddes to upped any next preceding the publication of advertisement; and offiant dedslon mode by. the Board with re, attached copy further says that he has neither paid nor promised DOvised thacahls�lUM WINaf � Matting any person, firm or coporation any discount or refund for the purpo se of a retard d the proceedngs and Mhaf ac- Cordn* the pow mcry need to m rebate, commission securing this advertisement for publication in the sure tho( a verbatim record of the pro• said newspaper. Ceedings Is made, Including the testimo- m/ and evidence upon which such op- PUBLISHED ON: 12/12 Gary L Moyer Manager December 12 No. 910929 AD SPACE: 4.417 INCH FILED ON: 12/12/96 Signature of Affiant Sworn to and Subscribed before me this % 2 ay of 15r7 Personally known by me ^�; •; � �: (x�(=`�IA. Firigan My (�� a: Fsbiumy 19. 2000 KNOW nNU TX" new MOORA R ac 16G December 12, 1996 Board of Supervisors Port of the Islands Community Improvement District Dear Board Members; Please find enclosed information regarding Committees and Volunteers as requested at the last Board Meeting. The attachments include 'Weston Steering Committee Agenda Outline', a committee formed for the Indian Trace Community Development District and several articles relating to committees and volunteers for Homeowner Associations. Keep in mind that all District Committees would be required to meet in properly advertised and scheduled public meetings. look forward to discussing these issues with you at the December Board Meeting Sincerely, John Petty District Representative Agenda Outline 771; , L dm kh Incorporation 16G PrrParrd for The- Indian Traci Community Dryclopn-wnt District Steering Committee April 19, 1995 INdiAN TRACE COMMUNITY DEVELOPMENT DISTRICT Date Time Steering Committee Weston Incorporation Meeting Schedule Location Room 512195✓ 7:30 PM Weston HMIs Country Club Glades South 5/23/95 ✓ 7:30 PM Weston Hills Country Cub * Glades North 6/13/95 `� 7:30 PM Weston HMIs Country Club Glodes South 6127/95 `1 7 :30 PM Weston Hills Country Cub Glades South 7111195 7:30 PM Weston Hills Country Cub Glades South 7125195 7:30 PM Weston Hills Country Club Glades South 8115195 7:30 PM Weston FUs Country Cub Glades South 8129/95 7:30 PM Weston Hills Country Club Glades South 9/12/95 7:30 PM Weston Hills Country Cub Glades South 9/26195 7:30 PM Weston Hills Country Cub Glades South 10/10/95 7:30 PM Weston Hills Country Club Glades South 10124/95 7:30 PM Weston Hills Country Club Glades South 091 OF M All meeting dates are Tuesdays 16G WESTON INCORPORATION 166 STEERING COMMITTEE AGENdA OUTLINE %, weston Bound.trics Item The boundaries of the proposed incorporation area currently include those parcels lying within the Indian Trace Community Development District. Evaluation of surrounding unincorporated areas which may be impacted by the proposed incorporation is to be done under the criteria of Costs, Service Needs, willingness to participate with this incorporation effort and Standards of Good Government. Two such unincorporated areas to be evaluated are Bonaventure and the Southern Ranches. Options Two contiguous unincorporated areas are apparent candidates for inclusion in the Weston Incorporation effort. The Bonaventure Community on our N.E. border consists of approximately 9,000 people with a tax base of $250,000,000 encompassing 1,200 acres. The Southern Ranches consists of less than 1,000 residents, irregular boundaries and a tax base of less than $20,000,000. This area is loosely described as open areas, ranch style homes and undeveloped parcels. Considerations In considering theses neighboring communities, State guidelines on incorporation and Broward County policies referring to Standards of Good Government should be applied. Additionally, the wishes of these communities and their computability with Weston on a cost, service level and identity basis should be evaluated before recommendation to the Indian Trace Community Development District Board of Supervisors. 16G Service Options Item As shown in the Feasibility Study, the initial services of an Incorporated Weston would make use of contract services for Fire and Police Protection, Permitting and Planning, Parks & Recreation and other services more cost effectively served by this option. Inclusion of current Indian Trace CDD in -house services and increased staff are contemplated for administration and current field activities in water, wastewater and water management. Analysis and conformation of this recommendation along with consideration of service projections and other options is to be performed by the Steering Committee. Options Services to Weston can be provided through contract with the private sector, contract with other governmental entities, inclusion to existing Indian Trace CDD in -house abilities and the creation of new departments of the City of Weston. Recommendations on the application of such options to the basic services projected to be supplied by an Incorporated Weston are to be formed and submitted to the Indian Trace Board of Supervisors. Considerations Consideration of service implementation options should include the cost effectiveness, quality and accountability of the recommended option in providing such services to the Community. While such decisions will ultimately be decided by the newly elected City Commission, the recommended policy is intended to provide a viable plan of operations for the initial formation of a new municipality. For the purposes of this study, the initial period is projected to be two to five years. 1bG 16G Goverrinwnt Vol-111 Item It is necessary to evaluate the form of government best suited to the Weston area after incorporation. Election periods, terms, officers and levels of responsibility are all part of the scope of this evaluation. Election areas are also to be studied as to the election of Commissioners and Mayor. Options Number of Commissioners, District elections or general elections for each seat, terms of two to four years, term limits, city manager or strong mayoral base, and the responsibilities of appointed officers. Considerations Consideration to district elections may be more effective depending on the accepted boundary of incorporation. Typical incorporations employ a five member board of commissioners elected through district type elections for each seat with the mayor's seat elected from general election. City Manager -Mayor style government is generally preferred by other cities. Terms of two to four years are typical for commissioners. Officer responsibility usually are applied to the City Manager, City Attorney and City Engineer with the City Manager having overall responsibility. 11"casiI)iIily (jl)clute Item After consideration of Weston Boundaries, Service Options and Form of Government, the Feasibility Report is to be amended accordingly to evaluate impact and for comparison to annexation options and finally for presentation to the State should incorporation efforts continue. The timing issues relating to finances during the transition phase should be included in the Feasibility Update. Options Selection of the best period for the incorporation to be finalized to maximize revenue sharing from the State verses the various impacts from other sources is to be accomplished. Determination of various services over a five year window to examine a theoretical impact of growth in municipal services and recommendations on the most applicable levels. Considerations Consideration to fiscal impacts to all communities involved under the incorporation effort. The existing philosophy is to maximize efficiencies through contract services versus expansion of bureaucracies, building of capital facilities only after establishment of appropriate tax base and the intent to keep tax payer levels as close to existing levels as possible. 16G 16G r Annexation Colli arison Item The Indian Trace Community Development District is anticipated to solicit proposals for annexation from interested municipalities. These presentations are expected by August 1995. The Steering Committee may be asked to evaluate any such proposals in comparison to the Updated Feasibility Study. Options The options are fairly straight forward. In comparison to the Updated Feasibility Study, which option best serves the Community. Considerations Evaluation of annexation proposals should be under the same goals and objectives as the Feasibility Study in the determination of which option best meets all the needs of the Community. The effect of annexation on the Identity, Control, Services and Costs to the Community are prime considerations of any such evaluation. r 16G Item The final item to be accomplished by the Steering Committee, should incorporation efforts continue, is the creation of a Charter incorporating all adopted philosophies adopted in past items for presentation to the State for review. The preparation of this document is a major portion of the Steering Committee's responsibility. Submittal to the Indian Trace Community Development District Board of Supervisors is to be by the end of October 1995. Final submittal to the State is expected in November 1995. Options Presentation options are numerous and complex. District Staff will supply the Committee with four or five recent Charter applications for review and comparison to the desired intent of the Weston incorporation. Considerations Consideration should be given to incorporating the principals and intent of the Feasibility Study Update into the Charter as guidelines for the proposed municipality. While the proposed municipality of Weston should not be limited in determining the City's future in restrictions imposed in the Charter, those principals which are considered to project the best method of providing service to the Community will provide an important base for the initial formation of municipal government. 16G Four Keys to Committee Success by Carol Murphy Somewhere along the line committees got a bad name. They are often thought of as being time - consuming and unproductive. It's not that they deserve to be viewed in such a negative light, but that others expect the wrong things from them. WHAT IS A COMMITTEE? The purpose of a committee is to gather information and make recommendations to the board of directors concerning specific issues or areas of interest. Many times the board will expect the committee to come up with a solution to a problem. While this may occasionally happen, it isn't always possible. it is not the responsibility of the committee to do so; the board has the final authority to resolve issues. In the process of investigating a matter, however, committees will frequently shed some new light on the subject at hand or uncover a previously undetected angle to the situation. At the very least, committees can provide the board with the opinions of the association members. In this way committees are useful vehicles to broaden communication between the board and association members. KEYS TO EFFECTIVENESS What can make a committee function effectively and run smoothly? The following four points are essential considerations for forming active and involved committees. Key 1. PURPOSE. The board of directors must clearly define what the committee's primary objective is. The goal of an architectural review committee, for example, is to preserve the aesthetic qualities of the community. It is up to the board to make the committee members aware of the scope of their responsibilities. The committee should also understand that, according to the bylaws of the association, they make recommendations, they do not set policy. It is the board's responsibility to change policy, if necessary, in order to solve problems, using the information and suggestions the committee provides. If the board does not support or take the committee suggestions into consideration, the members win lose interest and ultimately become less involved. Key 2. PROCEDURE All committees need to adopt a set of procedures and methods for conducting their business. Such procedures often include using Roberts Rules of Order, setting regular monthly meetings, keeping minutes, and making written reports to the board of directors. No meeting can function properly without structure. The board should establish procedures and designate someone to monitor and help guide each committee. The "monitor should be thought of as a resource, not as a substitute chairman, ff in the early stages committees need more guidance, the person entrusted with this duty should attend the first meeting to help the committee understand their purpose and to help them create their structure and set their goals. The monitor should contact the committee chairperson about once a week to find out how the committee is coming along with its activities and to offer support or assistance. Once die committee is fully functional, the monitor can cut back on these check -ups. If the board member or manager becomes too involved in the workings of a committee, he runs the risk of becoming a committee of one. He should, however, continue to maintain some contact in order to keep an eye out for possible problems. The chairman should be a strong leader who can keep control over the proceedings of a meeting. Weak leaders who do not - or will not - set and follow procedures can be very destructive. There is nothing less productive and more frustrating than attending a meeting where there is no order. 16G Key 3. SPECIFIC OBJECTIVES AND DEADLINES The board of directors must set forth the specific objectives that the committee members are trying to achieve and die deadline for doing so, One of the objectives of an architectural review committee, for instance, is to develop and establish architectural guidelines and standards. The reaching of specific goals, such as this one, in a timely manner is how the committee ultimately accomplishes its overall purpose. If the committee looses sight of its goal, it could become issue oriented. It is important for each member to differentiate between the goals of the committee and their personal goals. Many times residents may become members of a committee because of their own personal needs, and thus they tend to lose sight of the goals of the association. Key 4. REWARDS This is the most important key. If rewards are given, they will almost guarantee successful committees. Rewards are easily given, but frequently overlooked. The recognition and appreciation expressed in a simple thank -you note, an article in the community newsletter thanking the committee for its time and effort, or a plaque or certificate presented to the committee at the annual meeting all go a long way toward involving members. Committees whose contributions are acknowledged are more wining to give their time and effort to the association. If everyone understands what the committee's purpose is and what is necessary for it to operate effectively, then the outcome should be positive and the word committee can become synonymous with success. Who Should Do What Boards need to understand the different types of committees in order to assign them tasks and functions which are compatible with their interests. Members on administrative committees such as Finance, Architectural Review, or Personnel, for example, enjoy decision - making and paperwork. Thus, the Architectural Review Committee should not be assigned the job of selecting or monitoring a community painting contractor. Members on operations committees such as Maintenance or Pool like to work with subcontractors on a detailed basis. Therefore, the Pool Committee should not necessary be expected to put on pool parties. Members of program committees such as Improvements, Social, or Communications like to do things, hold parties, plant trees, bring the Police Chief in for a discussion on burglaries, etc. Another type of committee is an ad hoc committee. Some roles for Ad Hoc Committees include: Ejections, Community Goals, Bylaw Amendments, Management Agent Selection, Pet policies, etc. These committees are an excellent means of inviting former president, board member, or committee chairman to commit his time for a brief period to a special task that he is familiar with by virtue of his previous association service. Carol Murphy is Senior Property Manager of GDG Services, Inc, which manages over 30,000 units in Dade and Broward Counties, Florida. She currently manages 14 associations that are in transition 16G Save Time and Money Organize Your Committees By Judy Walsh Organized committees can save board members time and energy. A board may be permitted or required by the documents to appoint two types of committees 1. Advisory committees - cannot replace the board, but can help it gather information (nominating committee), analyze documents rules and regulations committee), investigate problems (landscaping committee), or evaluate costs (budget committee). Advisory committees make recommendations to the board and normally have no authority to bind, carry out, or act upon a particular matter. 2. Executive committees - are usually vested with power to carry out - in part or in whole - a specific responsibility of the board. The board of directors is ultimately responsible for the actions of an executive committee. Executive committees may be created by the Articles of Incorporation, bylaws, or by resolution at a board meeting. If they are created by association documents, the duties and functions are usually spelled out. If adopted by resolution, the board must clarify the amount of authority given to the committee, carefully outline the work of each committee, and determine whether or not it has a decision- making mandate. An executive committee should also keep minutes of each meeting and conduct itself as if it were a board of directors. Private Meetings All condominium committee meetings must post a notice and must be open to all unit owners. Check association documents for further guidelines. Although homeowner associations are not generally subjected to specific regulations regarding private meetings, the association should check with its attorney. Limitations Committees should be aware of their limitations Managers may attend committee meetings to make sure the committee stays within its bounds. A clearly written board resolution can also help a committee understand its limitations. Judy Walsh is the property manager for The Corinthians South Condominium Association, Inc. in Jupiter, FL. 16G LOOKING FOR A FEW GOOD VOLUNTEERS Community associations are using positive attitudes and enthusiasm to recruit volunteers Brandon Harrison never misses a community association board meeting - -even though the meeting room is nearly 2,000 miles away. Harrison is a board member with the Desert Mountain Owner Association for Arrowhead, a seasonal golf community in Scottsdale, Arizona. Nearly every month, Harrison flies from his home in Ohio to Arizona for the meetings. As if that weren't enough, he also serves on the board of a condominium sub- association in Florida and is a partner in two companies. The question many people would ask is, "Why does he do it ?" "I think Desert Mountain is a class act," said Harrison. "I like that, and I want it to stay that way. I'm committed. I was elected to serve and that's what I'm going to do " Obviously most homeowners won't be adding to their frequent flyer miles to serve their association. But that some spirit and dedication exists in every community association. It is a matter of tapping into it. People are motivated to volunteer for different reasons. For some it is ego. For others it is recognition or a sense of community duty. A 1992 Common Ground survey of board members found that 79 percent of those questioned served to protect the value of their property. Conversely, some people may choose not to serve due to fears about time commitments or personal liability. They may be satisfied with the job the association is doing. But you will never know unless you ask them. Every neighbor is a potential volunteer. Show that the association is doing positive things. Promote volunteerism as a positive experience. Meet people, shake hands, and ask them to help. Sell them on the idea. Be a community association recruiter. This article will tell you how others have done it. Going After New Residents When looking for volunteers, one of the best places to start is with new residents. They usually are excited about their new home and are looking for ways to get involved in the community. The first step is to give them a positive first impression of the association. One way to do that is through a Welcome Committee. In San Antonio, Texas, the Dominion Homeowners Association's Welcome Committee presents new residents with a small gift, an information package on the area and the association, and some food to eat while unpacking. After the residents are settled in, a small group of neighbors visit them. Volunteers also host two lunches or receptions each year for new residents. The volunteers host these events in their own homes, so there is no cost to the association. "The Welcome Committee is a good investment in future participation," said Wright. The Campus East Community Association, an 894 -unit detached home, garden condominium, and townhome community in Virginia Beach, Virginia, sends a homeowner information form with its welcome package. The form includes a list of eight committees and space for them to mark what they are interested in. "Most people get involved when they first move in," said Sunnick. "They're enthusiastic and it's a way for them to meet their neighbors." Positive Thinking is Contagious People won't stay enthusiastic if the board lacks direction, however. "The worst kind of apathy is to have people saying, 'Boy, is this place screwed up, "' said former CAI Trustee Robert Denrnstoun, who served on the board of his Minnesota condominium for 12 years. "People don't want to be a part of that. You have to try and represent the best that the community has to offer: A hard - working board with numerous accomplishments will be more attractive to people who are already short of time in their lives. "It gives them a reason to not just totally walk away," said Dennistoun. "The [board] has to have confidence in what [its] doing, and in such a way that other people see that confidence." The energy and enthusiasm of a board can be a key in attracting new members, according to Cynthia Saalbach, president of the 90 -unit Lafayette Park West Homeowner Association in Annandale, Virginia. At Lafayette Park West, 16G 40 percent of the owners serve the association in some capacity. "If people perceive the board as being apathetic, then they don't have the desire to do anything either," said Saalbach. Sometimes it only takes the enthusiasm of one person. For Saalbach, her predecessor's energy rubbed off on the other owners. His positive attitude and the association's accomplishments were communicated through the newsletter and through word of mouth among the owners. "People began to see that the board was proactive and not reactive. We're seen as doing a lot and accomplishing a lot; she said Sunnick credits active volunteerism at the Campus East association to its former secretary and president, Diane Hotaling, and her work on the newsletter. "She is the most positive person I've ever met," said Sunnick. "Rather than use the newsletter to berate people for not cleaning up after their pets, she thanks those who did She comments on people who do things and made association activities sound enjoyable." The attitude permeated to the rest of the community, and before long, an undermanned board was full. And instead of producing the newsletter by herself, there is now a full newsletter committee that assists her and distributes the newsletter door -to- door. "Instead of a few dedicated souls, serving the association became the 'in thing' to do," said Sunnick. "She made it look like fun and it did become fun." Communication and Recognition For people to participate, the association needs to publicize its accomplishments, and let people know they are needed. "If there is not communication, people will feel that they are not needed, either because they think things are running smoothly or things are running poorly, and they don't have the time or the expertise to turn it around," said Arizona manager Carol Paul, PCAM, and author of GAP Report 16 -- Revitalizing Apathetic Communities. Newsletters, flyers, letters, and other communications tools can be more than informational; they can also be promotional. They can portray the association as an active, important group- - make people want to be a part of it. If there is a shortage of candidates for committees or elections, make announcements. Run advertisements if necessary, or use special bulletins in common areas or in billing statements. Conduct surveys and questionnaires. Use humor, and make the message simple, clear, and easy to understand Also use the newsletter to recognize those people who are volunteering, be it board members, committee members, or someone who helps out at a social function. Recognition is an important factor, and one that the association can control. In addition to identifying volunteers in the newsletter or at meetings, many associations give awards or have board recognition events. Susan Wright said her association recently began giving a community citizen of the year award, which consists of the award and a gift. "I tend to stay away from plaques," she said "I think gifts make the recognition more personal." The most recent award went to a homeowner who cared for the swans that live on the community grounds. The swans are one of the foremost features of the Dominion community. "She did everything," said Wright. "She learned about swans, cared for them, took them to the vet." When they presented her with the award they also gave her a set of lladro swans. likewise, when someone does all of the cooking at barbecues, they may give the cook a gas grill. "We take this seriously, we budget for it —we want to recognize those people who go above and beyond the call of duty," said Wright. What if it is a small community and there is a limited group of volunteers? Beth Grimm, with the California law firm of Girard and Vinson, recommends appealing to homeowners' sense of duty by circulating a calendar so residents can choose which years they will serve on the board. She also suggests switching from monthly to quarterly meetings, to reduce the time commitment. Making Face- to-Face Contact Newsletters and awards can get people thinking about volunteering, but face -to -face contact clinches the deal. "The way to get volunteers is to ask them," said Virginia manager Pauline Brickman, PCAM, who has spoken on apathy at CAI conferences. "You have to empower them to act." Saalbach has recruited most of her 16G association's volunteers through personal, face -to -face contacts "If people only read about it they are more likely to think that someone else will do it. If it's a face -to -face encounter it's harder for them to say no," she said. Carol Paul, PCAM, said she keeps a mental notebook of people that she meets, jotting down the names of those who appeared interested or who have complained. "I look for new owners or someone who has expressed a concern or an interest; then I coax them into serving on the board," she said. Sunnick makes a point of walking the streets and meeting residents. "Pick a sunny warm day and walk through the community, introducing yourself to people, asking them if they have any problems or suggestions," said Sunnick. "After that one contact it makes them realize we're real people. "Every time we talk to a homeowner who has good ideas or interest we ask them if they have considered being on the board. Usually they haven't; she said. "If people get involved even with a one -time committee it whets their appetite." These efforts are paying off: most committee members have become board members. Sometimes it can more beneficial, however, if a homeowner does the recruiting instead of the manager. "We strive for a neighbor to invite people to volunteer,' said Wright. "If a neighbor invites you you're more likely to attend something," she said. She also looks for someone to serve who is not already serving. "You don't want the same people doing everything, so I seek out a new face, said Wright. "They're usually flattered and they bring in a new group of people." The results can be a greater involvement by homeowners in their community associations. Volunteers may not be flying across the country to attend board meetings, but they will have their feet firmly planted in the activities of their community association. Pizza Party leads to Volunteers Don't underestimate the power of social events to attract new volunteers. Just ask Susan Sunnick. Sunnick manages the Campus East Community Association in Virginia Beach, Virginia. Through notices with the billing statements and in the newsletter, residents were invited to a pizza party where they could ask questions about the community. Fifty people responded. The board followed -up with these people and put a second notice in the newsletter. As a result of that party, the association obtained several new board and committee members. "We got some good volunteers," said Sunnick. Social events can be a great source of new volunteers, though it may depend on the community - -some people note that social events work better in senior communities or in places where there are families with children. Susan Wright, manager of the New Dominion Homeowner Association in San Antonio, Texas, places great emphasis on social functions. "I frequently hear people who think that association social functions are superfluous," said Wright. "An association is 70 percent social and the rest follows if people love where they live. People have to know who their neighbors are. They have to know that this is a living, breathing thing. "If it takes the manager, the board, or the staff to get a party organized, and if they have to go door -to -door to get people to come, it is worth it.' Getting People to Stay Involved Once you recruit volunteers, how do you get them to stay involved? First, apply one of the principles you used to recruit them: personal contact. This may mean the occasional phone call or memo, or sending meeting agendas or newspaper clippings that board or committee members might find of interest. But let them know they are a part of things. It also is important to provide committee members with direction and input. Committees should not be left to wander aimlessly and question whether they are wasting their time. Virginia manager Pauline Brickman, PCAM, suggests that committees and volunteers be assigned small projects with easily attainable goals "Give them a piece of a project so they can see the light at the end of the tunnel," said Brickman. Also, don't put too much of a burden on one person. "I sign people on for a year," said Texas manager Susan Wright. "People burn out, no matter how enthusiastic they are. Too many people find someone who is enthusiastic and then they milk him or her until they want nothing to do with the association anymore' Ten Ways to Recognize Your Volunteers 1. Newsletters 2. Photos 3. Gifts 4. Plaques 5. Dinners 6. letters 7. Meeting Announcements 8.6ctra Benefits 9. Verbal "Thank You' 10. Volunteer of the Month For More Information GAP Report 16: Revitalizing Apathetic Communities. Report looks at how community associations can reverse the trend of apathy. ($9.50 for members, $14.50 for non - members) CAI ' P.O. Box 25037 Alexandria, VA 22313 Kenneth Budd is editor of Common Ground. 16G o 0 t 16G ° N , ` W H ^ z V O W n 0 0 q o 0 0 0 < z 0 V - H C 00 0 0 O O O O P P O O O O O O O P n H H n n n n O O O N N N O O n n n n O > Z 0 0 < H _ N H N H H J J J J J J J J J Z p � O Y Y Y = Y Y Y X Y O Y -0 W O W � W O W P W N W N W W Q W P 1 F• Q W xH Hw ¢ N. rr7 C Y ¢ n+ ¢ n. b 4 r p N r Z n ci c• n. n w • O n+ n+ F w nn w O w ��._ n r V^+ V H W^ S H Ww W H O W H H• H H _ H H H H W H W u V O > O ZOO 0 0 ¢ 0 0 0 O O O N O H W O W O < 0 0 0 0 N O O O W O W O W O In K O W ¢ O O 4 Z n ¢ W V -0 -0 -0 -0 n rfJ 1 < tq ."' > > N N n V 1 P b < ') Z O O n n P W W P f. ... 2 Z ^ n O O YI Y 0. O L > m W 0. ¢ IJ > or < V z O O m < ¢ J ¢ O < i In a < v o N Z O " In ` In < O J to < - w W Q r W L V In In < IL W G ` G < ¢ W W O ¢ " Z W Z W O ¢ 0. L 0. 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W h• 4 w n W n W n r I n• • � n� n• i U •- °_ > O I/1 J-0 „O IY Y'1 S ."I V V O K W< 0 7- 01 N O <.� n' O J-0 J-0 4 IDL yl h ^ :L> O r S 0 0 N n 4 4 I = H 1 4 p 'r •• -. h m � r N -• O 4 Y < W < O = p V L 4 V O < > V O � a W Vl W H W d O .y V ic •- Z Z O = WO < W < W J O W Q W J < K .. �• J J W O 1 Z 0 p W N ZZ O .. ; 0° O O 0 O 00 0 O 00 _ O O 0 O r1 N n •l 't Y n n Y7 rt < V O 0 O n .l O O O O 0 O ° C o r e 16 STUB N0. I 11: OFFICIAL BALLOT 6 G t Immokalee Lighting and Beautification DiiiR t- Precinct 16 JA"I ` 0 '-�3 MAY 24, 1966 Signature of Elector .:rd of County Colnnissio:. , Initials of issuing Officer � 1 6 STUB N0. 2 l�Y OFFICIAL BALLOT Immokalee Lighting and Beautification District Precinct 16 t MAY 24, 1966 Initials of Issuing Officer Immokalee Lighting and Beautification District COLLIER COUNTY, FLORIDA Precinct 16 MAY 24, 1966 Mark a cross (X) in the square at the RIGHT for creation or against creation. SHALL A LIGHTING AND BEAUTIFICATION DISTRICT BE FORMED, PURSUANT TO CHAPTER 63 -1242, LAWS OF FLORIDA, COVERING THAT PROPERTY DE- SCRIBED AS FOLLOWS: The South 1/2 of the South 1/2 of Section 29; the South 1/2 of the Southeast 1/4 of Section 30; the Northeast 1/4 of Section 31; all of Section 32; all of Section 33; the Southwest 1/4 of Gv Section 34; and the South 1/2 of the Southwest 1/4 of Section C 28; all in Township 46, Range 29 East. LL-, C- - -� The Southeast 1/4 of Section 3; the west 1/2 of Section 3; all �, of Section 4; the Northeast 1/4 of Section 5; and the North 1/2 of the Northwest 1/4 of Section 5; all in Township 47 South, L� i U Range 29 East. G� kr All of said lands being located in Collier County as set forth Misc. Corres: in the public records thereof. Date: I ,f 1 FOR CREATION ltem# � �% �� AGAINST CREATION Copies To: 6G 4 LAWS OF FLORIDA CHAPTER 63 -1242 I Be It Enacted by the Legislature of the State of Florida: Section 1. The board of county commissioners of Collier county is hereby authorized to employ on behalf of the state attorney or the assistant state attorney secretarial assistance or to pay directly to the state attorney or the assistant state attorney, an amount not to exceed seventy dollars ($70.00) per week. Section 2. This act shall take effect immediately upon becoming a law. Became a law without the Governor's approval. Filed in Office Secretary of State June 11, 1963. CHAPTER 63 -1241 ` HOUSE BILL NO. 1970 AN ACT relating to use of certain nets in Collier county; repealing Chapter 27474, Laws of Florida, 1951, regulating use of such nets; providing effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Chapter 27474, Laws of Florida, 1951, regulating the use of certain nets in Collier county is repealed. t i Section 2. This act shall take effect immediately upon becoming I! law. Became a law without the Governor's approval. Filed in Office Secretary of State June 13, 1963. I CHAPTER 63 -1242 HOUSE BILL NO. 1946 AN ACT relating to Collier County; providing cumulative and supplemental county powers; providing the method for imple- menting and retracting certain powers; providing the administra- tion of certain facilities; providing revenue sources, the use thereof, and means of financing; and providing for a referendum. 603 16G CHAPTER 63 -1242 LAWS OF FLORIDA Be It Enacted by the Legislature of the State of Florida: PART I DEFINITIONS r Section 1. Definitions. —As used in this chapter, the following words shall have the meaning indicated: (1) Board —the board of county commissioners of Collier County, or the board authorized to be created under Section 8. (2) County purpose any activity by the county through its board which is a benefit to and for the health, -welfare, safety, and convenience of the citizens of the county. (3) Electors —all persons registered to vote within the affected area in accordance with law. (4) Facility —any special service, improvement, system or proj- ect authorized by Section 3(1). (5) Hearing —the time and place stated in a notice or the time to which an adjournment may be taken, at which the board of county commissioners shall receive and hear objections or conten- tions of interested persons. All such objections shall be made in writing, in person or by attorney, and filed with the board of county commissioners at or before the time or adjourned time of hearing. (6) Initiating resolution —a proposal by the board of county commissioners in compliance with the terms and conditions pro- vided in Section 5, and approved as such proposal by a majority of the board of county commissioners. (7) Notice —the publication of the text, excluding signatures, of any proposed measure, together with a summary of investigations conducted, findings made, and the date, time and place of any hear- ing or referendum election to be had, by printing once a week for three (3) consecutive weeks in a newspaper of general circulation in the county, if a newspaper is so circulated, or by posting of same in at least ten (10) public places within the county. First publication shall be made not less than twenty__(20.) . days and not more than thirty (30) days prior to the time set for hearing or referendum. 604 LAWS OF FLORIDA CHAPTER 63 -1242 l (8) Petition —a popular proposal under the terms and condi- tions provided in Section 6. (9) Referendum —an election which may, in the discretion of r the board of county commissioners, be general, primary, or special. All electors in the area affected shall be entitled to participate, and a favorable vote by a_majority of those voting shall constitute ap- proval; except, however, that only freeholders qualified under elec- tion laws of the state shall be entitled to vote upon the issuance of bonds, under the provisions of Section 10, and approval of such issue must be by a majority of the votes cast in an election in which a majority of the qualified freeholder electors participate. (10) Securing — constructing, operating, maintaining, repairing, extending and enlarging. PART II POWERS, GENERALLY Section 2. General powers, authority, etc. —In addition to all other powers granted by law, the board may exercise the following powers of government for county purposes: (1) ORGANIZATION. — Organize their body for the perform- ance of their powers, duties, authority and functions. (2) FINANCES. — Budget, appropriate and expend any money I available for any authorized power, duty, authority or function in the manner prescribed by law. (3) GIFTS.— Accept grants, donations, and gifts of whatever nature and expend same for any lawful county purpose. i I (4) PERSONNEL. — Employ such technical, professional, cleri- cal and other personnel necessary for the performance of any au- thorized power, duty, authority or function, and establish the con- dition of their employment. (5) PROPERTY. —Hold title to, buy, sell, exchange, lease, use and otherwise acquire, use and dispose of real and personal property or any estate therein, or any riparian, easement, or other right attached thereto as prescribed by law. (6) PUBLIC BUILDINGS. - =Construct and maintain county buildings, courthouses, jails, detention homes, orphanages, homes 605 16G , CHAPTER 63 -1242 LAWS OF FLORIDA for aged and infirm, or other essential government buildings in the county seat or elsewhere in the county as deemed necessary by the board. (7) REGULATIONS. —Adopt regulations to implement, inter- pret or make specific any authority, power or duty granted by law and in effect in the county. No 'regulation shall. be effective without the adoption thereof in a manner provided in Part III. All regula- tions shall be in a codified form, shall be filed with the office of the clerk of circuit court, to be appropriately indexed in a manner de- termined by the board and recorded by him in a regulation book kept by him for that purpose. (8) INTERGOVERNMENTAL CONTRACTS. — Contract with any other unit of government (county, municipality, district, state .agency or officer, or federal) for the performance, jointly or by either of them, of any authorized county and common functions, powers, authorities or activities, or part thereof, vested in the county. Said contracts shall fully set out the terms, conditions and limitations of such agreement. Wherever practical any of the special powers contained in Section 3 shall be performed by contract with a municipality. (9) FRANCHISES. —Grant exclusive or non - exclusive fran- chises to private persons for the performance of any proprietary function, authority, or power, or part thereof, and limit, condition, regulate or otherwise control the use and performance of such fran- chise. No franchise shall be granted without the authorization thereof in the manner provided in Part III. No franchise shall be given or entered into for a longer period than thirty (30) .years and such shall be renewable at the discretion of the board. The board may require bonds be given to the board in such amount as the board shall determine will insure performance of the activity under the franchise. (10) MICROFILMING RECORDS. —To reproduce for them- selves and other elected county officers on a miniature scale, on film having an acetate base or on other material having equally durable qualities,. by photographic, micro - photographic, photo- static, micro - photostatic, microfilming or other process, any records in their official custody and to destroy such records after reproduc- tion according to law. Section 3. Special powers. —The special powers authorized to be exercise y Collier County in this section shall be made effective 606 LAWS OF FLORIDA CHAPTER 63 -1242 16 G or retracted only by following one of the procedures provided in Part III. Each authority performed may be administered as pro- Part IV and financed as provided in Part V. No special power shall be exercised within any municipality in whole or in part, without the consent evidenced by a resolution of. the govern- ing body of such municipality. (1) The board may build, repair, maintain, operate, control the use of and provide the following proprietary services relating to facilities: (a) AIRPORTS. —Shall mean airport facilities of all kinds in- cluding but not limited to, landing fields, hangars, shops, terminal buildings, and all other facilities necessary and desirable for the landing, taking off, operating, servicing, repairing and parking of aircraft and the unloading and handling of passengers, mail, express and freight, together with all necessary appurtenances and equip- ment, and all property and rights relating thereto deemed necessary or convenient by the county in connection therewith and including the establishment of lounges, eating places, refreshment parlors and such other facilities as are usual in coru:ection with airports and with the traveling public. (b) ARMORY.— Armory to be used in connection and coopera- tion with the military authorities of the state. (c) BEACH EROSION CONTROL. —Shall embrace bulkheads, seawalls, groins, filling, breakwater and other acceptable or ap- proved methods used to protect land areas fronting on bodies of water from the erosive effects of wave, tide and current action. (d) COUNTY FAIRS, FAIR BUILDINGS. — County fair build- ing and promotion of county fairs. (e) DOCKS, WHARVES AND HARBORS. —Shall include sea- walls, yacht basins, bridges, viaducts, tunnels, public landings, piers, jetties, breakwater and shall include the dredging and deepening of harbors, rivers, canals, waterways or any branch or portion thereof within the county and other improvements for harbors and shipping facilities. (f) FIRE PROTECTION. — Including but not limited to the es- tablishment of a county fire department; fire protection by contract with municipalities, volunteer fire departments or other appropriate means. 607 16G CHAPTER 63 -1242 LAWS OF FLORIDA (g) GARBAGE AND TRASH COLLECTION AND DIS- POSAL. —Shall include any service or system providing for the col- lection and disposal of sewerage, offal, ashes, garbage, trash, car- casses of dead animals, fowl, or birds and other material requiring disposal for the protection of the health, welfare and safety of the citizens of the county. (h) HOSPITALS. — Public hospitals and nursing homes for the benefit of the inhabitants of the county. Such hospitals may be used by persons outside the county upon such terms and conditions as may be deemed reasonable. (i) I.AW LIBRARY.— Adequate central law library for the use of county officials, judges, and officers of the several courts of the county. (j) PUBLIC LIBRARY. — Public library and bookmobile sere- ice. i (k) RECREATIONAL FACILITIES. —Shall include parks, playgrounds, bathing beaches, athletic fields, bathhouses, sw-im- ming pools, golf courses, auditoriums, community center, aquari- ums, oceanariums, marine laboratories, museums, stadiums, yacht basins, boat ramps, docks, piers and other facilities of a similar kind which are of a permanent and continuing nature. (1) SEWAGE DISPOSAL SYSTEM. —The term sewage disposal j system shall mean and shall include any plant, system, facility or property used or useful or having the present capacity for future use in connection with the collection, treatment, purifica- tion or disposal of sewage, and, without limiting the generality of the foregoing definition shall embrace treatment plants, pump - ing stations, intercepting sewers, pressure lines, mains, and all necessary appurtenances and equipment and shall include all property, rights, easements and franchises relating to any such system and deemed necessary or convenient for the operation thereof. (m) SIDEWALK. —Shall mean that portion of a street between the curb lines, or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians; and sidewalk improvement shall embrace the grading, regrading, constructing, reconstructing, leveling, laying, relaying, paving, repaving, hard surfacing and re -hard surfacing of sidewalks and may embrace curbs and gutters where deemed necessary by the board. M LAWS OF FLORIDA CHAPTER 63 -1242 1 b G (n) STREET, HIGHWAY, PARKS AND PUBLIC PROPERTY LIGHTING. —Shall include poles, wires, conduits, lights and all appurtenances necessary for lighting streets, highways, parks and public property. (o) WATER CONTROL. —Which may include adequate drain- age and conservation systems by means of canals, ditches, drains, dikes, levies, pumping plants, weirs, or other reasonable means of draining for the purpose of conserving or preserving water resources and protecting all lands and improvements, either pub- lic or private, from the effects of excess water, making the lands available and habitable for settlement and agriculture, and for the public health, welfare, safety and benefit of the citizens of the county. (p) WATER SYSTEMS. —The term water system shall mean and shall include any plant, wells, pipes, tanks, reservoirs, sys- tem, facility or property used, or useful, or having the present capacity for future use in connection with the obtaining and sup- plying of water for human consumption, fire protection, irriga- tion, consumption by business or consumption by industry, and without limiting the generality of the foregoing definition shall embrace all necessary appurtenances and equipment and shall include all property, rights, easements and franchise relating to any such system and deemed necessary or convenient for the operation thereof. (2) The board may regulate the following and do all things necessary in connection therewith in furtherance of the preservation of the health, safety, welfare and convenience of the inhabitants of the county. (a) ANIMALS. —Shall have full and complete authority to pick up, catch or procure any animal roaming at large or believed to be a stray, or animal infected with rabies, or believed to be so infected, or infected with any other infectious or contagious disease, or believed to be so infected, and cause said animal to be impounded and may require inoculation and the issuance of a certificate in evidence thereof, may require dogs to wear tags and a payment of fees therefor. May establish impounding fees, per diem rates, licensing and fees while keeping such animal impounded, and said fees shall be paid by the owner of said ani- mal before such animal is released. An animal impounded be- 609 16G CHAPTER 63 -1242 LAWS OF FLORIDA cause of any infectious or contagious disease shall be examined for the purpose of determining whether such animal should be treated or destroyed. If the health and safety of the citizenry would be jeopardized by the continued existence of such infected animal, then said animal may be killed and the remains disposed of without any compensation being paid to the owner. In the event the owner of any impounded animal fails to reclaim it within five (5) days from the impounding date, such animal may be disposed of in any manner deemed advisable. The board may contract with non -profit organizations in order to effectuate the purpose of this power. (b) CEMETERIES.— Regulate the location and establishment of cemeteries by requiring the filing and approval of the plat of the proposed cemeteries. (c) PLANTING NEAR HIGHWAYS. —To regulate the location, planting and maintaining of trees, shrubbery or other objects from parkways or upon private property adjacent to highway intersections outside the limit of incorporated municipalities in the county, which obstruct the vision of drivers of motor vehicles passing over and across such intersections. (d) POLLUTION CONTROL.— Control and prevent the pollu- tion of air and the pollution of streams, lakes, rivers, ponds, in- land waters, salt waters, watercourses and other surface and underground waters in the county. (3) The board may exercise the following miscellaneous pow- ers: (a) BEAUTIFICATION OF HIGHWAYS. —May beautify high- ways, roads and streets and conserve the natural roadside growth and scenery; (b) BEAUTIFICATION OF WATERWAYS. —May beautify wa- terways, lakes, rivers, streams, ditches, canals and clear them of obstructions, including the removal of hyacinths or other ob- noxious vegetation; (c) ADVERTISING AND PROMOTION.— Expend money not to exceed one half (1/2) mill or one half of one per cent (1/2 of 1 %) of the total budget of the general fund whichever is less, for the purpose of supporting and promoting county projects. Such money may-be expended directly by the board, or by contract .E LAWS OF FLORIDA CHAPTER 63 -1242 r with the chambers of commerce for such county projects. The 16 G t board may direct the expenditure of any money so paid over, and may require an accounting therefor. "County project" as used herein shall be construed to mean and include any project for the promotion, advertising, welfare, recreation, or enhancement of goodwill for or toward the county. PART III IMPLEMENTATION AND RETRACTION Section 4. Application. —The purpose of Part III is to prescribe the following methods by which those special functions in Section 3 may be implemented or retracted within the county; those certain revenue and financing procedures in Part V may be au- thorized; and, the regulations may be adopted or retracted, and franchises authorized. (1) By an initiating resolution of the board of county commis- sioners, subject either to referendum election or adoption by the board following public hearing as provided in Section 5. (2) By petition of the people, subject either to referendum election or adoption by the board following public hearing as provided in Section 6. Section 5. Initiating resolution of board; enactment upon no- tice and public hearing or referendum.— (1) An initiating resolution of the board shall provide for due publication of notice of either a referendum election or public hearing and shall contain, in substance, the following specifica- tions, when applicable: boundaries of the area affected; a full text of the measure proposed, defining the nature and limitations of the implementation or retracting intended; the location, phys- ical characteristics and estimated cost of any particular facility authorized, and the services to be provided; the maximum ex- penditure and means of financing, if any, which shall be per- missible; means or method by which authority may be admin- istered pursuant to provisions of Part IV; and, provision for effec- tive date following referendum election. Such resolution may pro- vide for suspension of any activity affected by its terms pending final disposition of the resolution. 611 16G CHAPTER 63 -1242 LAWS OF FLORIDA (2) An initiating resolution under this section may become effective by lapse of the period specified after an affirmative vote upon referendum, or by adoption by the board of county commissioners, which shall, within thirty (30) days after public hearing upon an initiating resolution, either approve or reject such resolution without substantive change and endorse same with a record of the proceedings. Section 6. Petition; contents, procedural requirements and adoption.— (1) A petition shall be signed by qualified electors, residing within the area affected, in the following proportion: ten per cent (10%o) when subject to the adoption by the board of county commissioners and twenty -five per cent (25%) when subject to referendum. A petition shall contain, when applicable: boundaries of the area affected; a full text of the measure proposed, de- fining the nature and limitations of the implementation or re- tracting intended; the location, physical characteristics and esti- mated cost of any particular improvement authorized, or the services to be provided; the maximum expenditure and means of financing, if any, which shall be permissible; means or method by which authority may be administered pursuant to provisions of Part IV, and, provisions for referendum election with effective date following affirmative vote, or for adoption by the board of county commissioners after public hearing. A petition may re- quire the suspension of any activity affected by its terms pending final disposition. (2) When a petition is filed with the board of county commis- sioners, it shall refer the same to the supervisor of registration of the county who shall, at the earliest practicable date, examine such petition and indicate thereon any signers who are not quali- fied electors residing in the county or district affected and file with the board of county commissioners a report setting forth the total of the county and the number thereof who have signed such petition. If it appears from such report and from such other investigations as the board may make or cause to be made that the petition complies substantially with the requirements of this section, then the board shall fix the date, place and hour for the referendum or public hearing required by the petition, re- quire publication of notice, and suspend affected activity where directed to do so by the terms of the petition. 612 a LAWS OF FLORIDA CHAPTER 63 -1242 1 6 G (3) A petition under this section may become effective by lapse of the period specified after an affirmative vote upon ref- erendum, or by adoption by the board, which shall, within thirty (30) days after public hearing upon a petition, either approve or reject such petition without substantive change and endorse same with a record of the proceedings. Action involving capital improvements may be taken only after lapse of forty -five (45) days from the adoption of any measure by the board. PART IV ADMINISTRATION FOR SPECIAL FACILITIES Section 7. / /Board of county commissioners with advisory or operation committee. —Each special proprietary facility author- ized to be provided in Section 3 (1) shall be administered by the board of county commissioners who may be assisted by an advisory or operation committee composed of five (5) members, who shall be registered electors and freeholders, and determine their terms, duties, and responsibilities. Such committee shall ad- vise the board on such matters as the board may request as- sistance. No salary shall be paid to the members of a committee, but per diem and mileage or actual expenses incurred in the performance of their duties may be paid in the same manner and amount as for the county commissioners. �\ PART V FINANCE AND TAXATION Section 8. Application; definitions.— (1) It is the purpose of this chapter to authorize and empower the board to utilize any of the methods of raising revenue as provided in section 9, for any county purpose or financing and securing those facilities authorized in section 3 (1) in the manner provided in sections 10 and 11. The methods of raising revenue or financing facilities shall be regarded as cumulative and sup- plemental to the authority now conferred by law. The provisions of this section shall not be regarded as being in derogation of powers now existing. (2) The issuance of bonds or revenue certificates shall not be subject to supervision or regulation by, or require the con- sent of, any state agency or officer. Such bonds or certificates 613 16G , CHAPTER 63 -1242 LAWS OF FLORIDA may be issued without any other proceedings or the happening of any conditions or actions other than those proceedings, con- ditions or actions which are specifically required by this section. (3) All bonds or certificates section 9 are declared to have all ments under the laws of the state. issued under the provisions of the qualities of negotiable instru- (4) In case any officer whose signature, or a facsimile thereof, shall appear on any bond, coupon or certificate, shall cease to be such officer before the delivery of such bonds, coupons or certifi- cates, such signature, or facsimile shall be valid and sufficient for all purposes as if the officer had remained in office until such delivery. (5) All taxes, assessments, service or other charges provided for in Part V shall be due and payable as soon as assessed, and shall from the date of assessment thereof until paid constitute a lien on any parcel of property affected thereby. Such lien shall be superior and paramount to the interest on such parcel of property of any owner, lessee, tenant, mortgagee or other person; such lien shall be of equal dignity with the liens for state and county taxes upon all lands against which such taxes shall be levied. In the event that any such taxes, assessment, service or other charges shall not be paid as and when due and shall be in default for thirty (30) days or more, the unpaid balance thereof and all interest accrued thereon together with attorney fees and costs, may be recovered by the board in a civil action and any such lien and accrued interest may be foreclosed or otherwise enforced by the board by action or suit in equity as for the foreclosure of mortgage on real property. (6) Any holder of bonds, certificates, or any of the coupons appertaining thereto, issued under the provisions of section 10 and section 11, except to the extent the rights herein given may be restricted by the resolution authorizing the issuance of such bonds, may, either at law or in equity, by suit, mandamus or other pro- ceeding, protect and enforce and compel the performance of all duties required by Part V or by such resolution to be performed by the county or by the board. Section °. Revenue sources.— (1) AD VALOREM TAX LEVY. —The board is authorized to levy an ad valorem tax upon all property in the county in the 614 LAWS OF FLORIDA CHAPTER 63 -1242 16G manner and subject to the limitations prescribed by law; provided, however, no such tax shall be levied for those special powers con- tained in section 3 (1) (c) , (f) , (g) , (1) , (m) , (n) , (o) , and (p) . (2) SPECIAL ASSESSMENTS. (a) After authorized pursuant to any of the procedures pro- vided in Part III, the board may levy a special assessment upon all property to be specially benefited subject to the provisions of sub- sections (b) and (c) of this section. (b) The board shall determine the amount required in the following fiscal year, in addition to the funds then available and to become available for such purposes, to pay the expenses of secur- ing each facility, and the amount so determined shall be assessed upon all real property in proportion to the special benefits received by such real property. In determining the amount to be levied and assessed against a parcel of land, the board shall total the cost of the public improvement and apportion such cost against the property i specially benefited either on a front foot, acreage or other equitable basis without regard to the valuation of the land. Such determina- tion of the special 'benefit received should be supported by the adequate factual data to the effect that the homesteads involved have received the peculiar special benefits charged them as required by the constitution. Such special assessments shall be levied and collected at the same time and in the same manner as ad valorem taxes and shall have the same priority rights, bear interest, be sub- ject to the same penalties and conditions incident to ad valorem taxes. (c) If the facilities secured by the special assessment will directly or indirectly benefit other areas or inhabitants of the county, the board may find and declare the existence of such general benefit and may provide that a percentage of the cost of the facility as determined by the board be paid by the county from available funds and that the special assessment heretofore levied will thereafter be reduced in proportion to the amount paid by the county. (3) SERVICE CHARGES. (a) The board may fix, charge, collect and revise from time to time service charges for services furnished by any facility authorized by Section 3 (1) . Any such service charge shall be so fixed and 615 lbl CHAPTER 63 -1242 LAWS OF FLORIDA revised as to provide funds sufficient at all times to pay the cost of securing the facility. (b) The board is authorized and empowered to adopt regula- tions in accordance with Section 2 (7) consistent with the purposes of this section, for the collection, payment and enforcement of such charges. (c) No service charge shall be fixed or revised under this section until after compliance with one of the procedures provided in Part III, in which all of the users of the facilities provided by this chapter, or all people of the county or area served or to be served, shall have an opportunity to be heard concerning the proposed service charges. A copy of the schedule of such service charges as fixed or revised shall be kept on file in the office of the clerk of the circuit court and shall be a public record. (d) The service charge for any class of users or property served by the same facility may be extended to cover any additional prop- erty thereafter served by the same facility without the necessity of hearing or notice. If any change or revision is made substantially pro rata as to all users of all facilities no notice or hearing shall be required. (4) RACE TRACK FUNDS. —The board may use the race track money distributed pursuant to chapters 550 and 551, Florida Statutes, for any authorized county purpose, subject to limitations otherwise provided by law, except that such money may not be used to secure water systems or sewage disposal systems. (5) OCCUPATIONAL LICENSES. —The board may use the license taxes received pursuant to chapter 205, Florida Statutes, or any other law for any authorized county purpose. Section 10. Bonds.— (1) ISSUANCE OF BONDS; POWER. (a) After authorized pursuant to any of the procedures provided in Part III, requiring a referendum election, the board may issue bonds for the purpose of financing the securing of any facility authorized in Section 3 (1) . (b) The bonds of each series shall: be dated; bear interest at such rate not exceeding six per cent (6(' ) per annum; mature in 616 LAWS OF FLORIDA CHAPTER 63 -1242 annual installments, the first installment to be made payable within 16G five (5) years and the last installment not later than thirty (30) years from the date of the bond as may be determined by the board; be in the form and executed in the manner determined by the board; be in the denomination and payable as to principal and interest in the place, which may be at a bank or trust company within or without the state, as determined by the board. (c) Such bonds may: be made redeemable before maturity at the option of the board, at such price and under such terms and conditions as may be fixed by the board prior to the issuance of the bonds; be issued in coupon or in registered form, or both; provision may be made for the registration of any coupon bonds as to principal alone, or as to both principal and interest; be reconverted into coupon bonds if registered as to both principal and interest. Provision may be made for the interchange of registered and coupon , bonds; be sold in such manner, at a public sale, as the board may determine to be for the best interests of the county, at such price in accordance with subsection (4) of this section; be replaced in the event such bonds become mutilated, destroyed or lost; provide, under like restrictions, for the issuance of interim receipts or tem- porary bonds, with or without coupons, exchangeable for definite bonds when such bonds shall have been executed and are available for delivery. (2) USE AND DISPOSITION OF PROCEEDS. —The pro- ceeds of all bonds sold for money shall be paid over to the board or to the county trustee if such is appointed under subsection (7) below. Such proceeds shall be used solely for the payment of the cost of the service, improvement or project for which such bonds shall have been authorized. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds shall have been issued, the surplus shall be set aside and used only for paying the principal of and the interest on such bonds. In the event that the actual cost of the improvement exceeds the estimated cost, the board may issue additional bonds to cover the deficiency, subject to the same restrictions as contained herein for the original issue of bonds. (3) VALIDATION OF BONDS. — Before any bonds shall be issued under these provisions, the issuance of such bonds and the proceedings had and taken in connection with the same shall be validated in the manner provided in chapter 75, Florida Statutes. 617 16G CHAPTER 63 -1242 LAWS OF FLORIDA (4) NOTICE FOR BIDS AND DISPOSITION OF BONDS. — Prior to the sale of bonds authorized to be issued, the board shall cause notice to be given by publication in a newspaper published in the county, or in some newspaper published in the same judicial circuit, if there be none published in the county, that they will receive bids for the purchase of county bonds at the clerk's office, on or before the expiration of sixty (60) days from the first publi- cation of such notice. The notice shall specify the amount of bonds offered for sale, the rate of interest, and the time when principal and installments of interest shall be due and payable. Any and all bids shall be rejected if the board shall deem it to the best interest for the county to do so, and they may cause a new notice to be i given in like manner inviting other bids for said bonds. When the rate of interest on said bonds exceeds five per cent (5 /o) per annum, said bonds shall not be sold for less than ninety -five cents (95¢) on the dollar. When the rate of interest is five per cent (5170) per annum or less, said bonds, or portion not already sold, may be sold for not less than ninety cents (90¢) on the dollar. (5) FORM OF BIDS; SECURITY.— (a) All bids for bonds shall specify the amount of bonds bid for, the denomination required, the time when the bidder will comply with his bid, and whether the bid is in current money or in evi- dences of indebtedness against the county. (b) The board may require of all bidders for said bonds that they give security by bond, payable to the board, with sureties, that the bidder will comply with the terms of the bid, and any bid- der whose bid shall be accepted shall, with his sureties, be liable to the county for all damages on account of the nonperformance of the terms of his bid. (6) CANCELLATION OF EXCHANGED EVIDENCES OF INDEBTEDNESS. —When such bonds shall be sold or exchanged for the evidence of indebtedness of the county, such evidence shall be cancelled in such manner that the same cannot again be used, and memorandum of all such evidences of indebtedness shall be made in the minutes of the board, so that the same may be identi- fied. Such cancelled vouchers shall be sealed in an enclosure and filed for future reference. (7) BOND TRUSTEE. — (a) When the board shall have issued bonds it may appoint by 618 LAWS OF FLORIDA CHAPTER 63 -1242 proper action recorded in its minutes "Trustee of Collier County L bonds" which may be any Florida bank, national or state, authorized v to be a county depository under chapter 136, Florida Statutes, which has a pruzcipal place of business in the county. (b) Such "Trustee of Collier County bonds" shall give bonds payable to the chairman of the board, and his successors in office, with sufficient securities in such sums as may be required by the board on condition that the said trustee shall faithfully discharge the trust confided to him. Said bond shall be approved by the board as to form and sufficiency of sureties. The board may from time to time require additional security from any such trustee. The board may waive the requirement of a bond of county depositories acting as such trustee if additional security is provided in accordance with chapter 136, Florida Statutes. All moneys deposited in said county depository shall be held by it as money deposited in accordance with chapter 136, Florida Statutes. (c) Any trustee may resign at any time by a communication in writing to the board, and any trustee may be removed for cause. (8) COLLECTOR TO PAY TAXES TO BOARD OR TRUS- TEE; INVESTMENT; ETC. —All money collected to pay the inter- est or for a sinking fund of said bonded debt, shall be paid over by the tax collector, or person receiving the same on account of taxes collected or property sold therefor, to the said trustee, board or to the other officials to whom may have been transferred by law the duties and obligations formerly devolving upon said trustee. The said trustee, or board, or the said other officials to whom may have been transferred by late the duties and obligations formerly devolv- ing upon said trustee, are required to pay the interest on said county bonds out of the moneys so received and to invest the residue in the said bonds; or if the said bonds cannot be had at par or at such premium as to said trustee, board or to the said other officials to whom may have been transferred by law the duties and obligations formerly devolving upon said trustee, may seem reason- able and just, then such residue may be invested in United States, state, county or municipal bonds bearing interest. In the event such bonds cannot be acquired to advantage, such funds shall be deposited in the banks authorized to be a county depository under chapter 136, Florida Statutes, at the prevailing rate of interest, to be held as an accumulating fund for the ultimate redemption of said county bonds. 619 1 6G CHAPTER, 63 -1242 LAWS OF FLORIDA (9) ANNUAL REPORT OF TRUSTEE. —The trustee, or board shall, annually on such day as may be required by the board, render a report to the said board in which they shall state the amounts of money received and for what purposes and from what sources, severally, and when received, and where and how the same has been invested, and enumerating the kind and amount of securities held therefor, describing the same separately, and such other matters as may be required by the board in order to have a full understanding; which said report shall be published at length by order of the board. (10) COMPENSATION OF TRUSTEE. —The trustee shall receive, as compensation for his services to be paid from the pro- ceeds of the bond, as follows: for receiving the first ten thousand dollars ($10,000.00), one and one half per cent (11 /2/i ) ; for all over ten thousand dollars ($10,000.00) , one half of one per cent (1•''2 of 17 ) ; for disbursements, the same as allowed for receiving. (11) PLEDGE OF REVENUE; CONDITIONS. (a) The board is authorized to utilize any of the sources of rev- enue contained in Section 9, subject to the conditions and limita- tions contained therein to raise sufficient revenue; to pay the cost securing the facility; to pay the interest on all outstanding bonds that become payable in each fiscal year; to pay the principal of all outstanding bonds which mature in each fiscal year; to meet such reserve and sinking fund requirements as may be established. (b) The revenue derived from the operation of any facility for which bonds shall have been issued shall be deposited to the credit of the sinking fund for such bonds, and in this event the amount of the annual ad valorem or special assessment tax levy may be reduced in any year by the amount of such revenues actually received in the preceding year and then remaining on deposit to the credit of the sinking fund for the payment of such principal and interest. (12) REFUNDING BONDS. —The board may issue refunding bonds in accordance with chapter 181, Florida Statutes. Section 11. Revenue certificates.— (1) ISSUANCE OF REVENUE CERTIFICATES. (a) After authorized pursuant to any of the procedures pro- vided in Part III, the board may issue revenue certificates for rais- 620 LAWS OF FLORIDA CHAPTER 63 -1242 16G no ing revenue, or paying all or part of the cost of securing any facility authorized by Section 3 (1) . (b) Certificates issued under the provisions of this chapter shall: not be deemed to constitute a pledge of the full faith and credit of the county and such shall be noted on the face of said cer- tificates; not directly, indirectly or contingently require the county to levy any taxes therefor or to make any appropriation for their payment except from the funds pledged under the provisions of this section; be payable solely from the revenue received from the facility furnished and subject to the provisions of Section 9 (2) , (3) ; be dated; bear interest at such rate not exceeding five per cent (5 '/0) per annum; mature at such time not exceeding thirty (30) years from the date as may be determined by the board; be in the form and executed in the manner determined by the board; and, be in the denomination and payable as to principal and interest in the place, which may be at a bank or trust company within or with- out the state, as determined by the board. (c) Such certificates may: be redeemable before maturity; be registered in the name of the owner as to principal alone, and also as to both principal and interest; and, be reconverted into coupon certificates if registered as to both principal and interest. Provision may be made for the interchange of registered and coupon certifi- cates; be issued without regard to any limitation on indebtedness prescribed by any other law but shall not be included in the amount of certificates which the board may issue under any other statute; be sold in such manner and for such price as may be determined to be for the best interests of the county, provided however, that no such sale shall be made at a price so low as to require the payment of interest on the money received therefor at more than five per cent (5 %) per annum computed with relation to the absolute maturity of the certificates in accordance with standard tables of certificate values, excluding from such computation the amount of any premium to be paid on redemption of any certificates prior to maturity; and, provide, under like restrictions, for the issuance of interim receipts, interim certificates, or temporary certificates, with or without coupons, exchangeable for definite certificates when such certificates have been executed and are available for delivery. The board may also provide for the replacement of any certificates ,which shall become mutilated or be destroyed or lost. (d) No revenue certificates shall be issued by a board under the 621 16G I CHAPTER 63 -1242 LAWS OF FLORIDA ! i authority of this chapter unless the board shall have heretofore found and determined: the estimated cost of the facility on account of which such certificates are to be issued; the estimated annual revenues of such facilities; the estimated annual cost of securing the facilities and the interest on such certificates and the principal thereof as such interest and principal shall become due. (2) USE AND DISPOSITION OF PROCEEDS; ADDITIONAL CERTIFICATES. (a) The proceeds received from the sale of the certificates is- sued under the provisions of this section shall be applied solely for the purposes for which the certificates shall be authorized or to the sinking fund created for the payment of such certificates. If the proceeds of such certificates, by error of estimates or otherwise, shall be Iess than the cost of the facility, additional certificates may in like manner be issued to provide the amount of such deficit, and, unless otherwise provided in the resolution or in the trust agree- ment authorized by subsection (3) below, shall be deemed to be of the same issue and shall be entitled to payment from the same fund without preference or priority of the certificates first issued for the same project. If the proceeds of certificates issued for any facility shall exceed the cost thereof, the surplus shall be paid into the fund hereinafter provided for the payment of the principal of and the interest on such certificates. (b) All or a sufficient amount of the revenues derived from a facility for which a single issue of certificates is issued, except such part thereof as may be required to pay the cost of securing the facility and to provide such reserves therefor shall be set aside at such regular intervals as may be provided in the resolution or trust agreement, in a sinking fund which is hereby pledged to, and charged with the payment of, (a) the interest upon such certifi- cates as such interest shall fall due, (b) the principal of the cer- tificates as the same shall fall due, and (c) any premium upon cer- tificates retired by call or purchase as herein provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided for by the board except as may otherwise be provided in the resolution or trust agreement; such sinking fund shall be a fund for the benefit of all certificates without distinction or priority of one over another. (c) In the event that the board has secured a facility, and, to 622 LAWS OF FLORIDA CHAPTER 63 -1242 16 pay the cost of such acquisition or construction or of improvements thereof shall have issued revenue certificates of the board payable from the revenue of such facility, and in the further event that such board shall desire to construct additions, extensions, improve- ments or betterments to such facility or to acquire by purchase or to construct an additional facility of the same type and to combine such additional facility with the facility theretofore purchased or constructed, and to refund such outstanding revenue certificates, such board may provide for the issuance of a single issue of revenue certificates under the provisions of this section for the combined purposes of refunding such revenue certificates then outstanding if they shall then be subject to redemption or can be acquired for retirement; and of constructing such additions, extensions, improve- ments or betterments or of acquiring by purchase or of constructing such facility of the same class, and the principal and interest of such revenue certificates shall be payable solely from the revenues de- rived from the operation of the combined facilities. (d) The resolution providing for the issuance of the revenue certificates and the trust agreement hereinafter mentioned may also contain such limitations upon the issuance of additional revenue certificates as the board may deem proper, and such additional cer- tificates shall be issued under such restrictions and limitations as may be prescribed by resolution or by the trust agreement herein- after mentioned. (3) TRUST AGREEMENT. (a) In the discretion of the board, each or any issue of such certificates may be secured by a trust agreement by and between the board and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the state. Such trust agreement may pledge or assign the reve- nues to be received, but shall not convey or mortgage any facility or any part thereof. (b) Either the resolution providing for the issuance of revenue certificates or such trust agreement may contain such provisions for protecting and enforcing the rights and remedies of the certifi- cate holders as may be reasonable and proper and not in violation of law, including convenants setting forth the duties of the board in relation to the securing and insurance of the facility and the custody, safeguarding and application of all moneys, and for the 623 q 16G CHAPTER 63 -1242 LAWS OF FLORIDA employment of consulting engineers or other employees in connec- tion with such purchase, construction, reconstruction or opera- tion. It shall be lawful for any bank or trust company incorporated under the laws of this state to act as such depository in accordance with chapter 136, Florida Statutes, and to furnish such indemnify- ing bonds or to pledge such securities as may be required by the board. Such resolution or such trust agreement may set forth the rights and remedies of the certificate holders and of the trustee, if any, and may restrict the individual right of action by certificate holders as is customary in trust agreements or trust indentures securing bonds or debentures of corporations. (c) In addition to the foregoing, such resolution or such trust agreement may contain such other provisions as the board may deem reasonable and proper for the security of certificate holders. (d) Except as in this chapter otherwise provided, the board may provide by resolution or by such trust agreement, for the payment of the proceeds of the sale of the certificates and the revenues of the facilities to such officer, board or depository as it may deter- mine for the custody thereof, and for the method of disbursement thereof, with such safeguards and restrictions as it may determine. All expenses incurred in carrying out such trust agreement may be treated as a part of the cost of operation of the project affected by such trust agreement. (4) TRUST FUNDS. —All moneys received pursuant to the authority of this chapter as proceeds from the sale of revenue cer- tificates shall be deemed to be trust funds, to be held and applied solely as provided in this chapter. The board shall provide for the payment of the proceeds of the sale of the certificates and the revenues to be received to any officer who,, or to any agency, bank or trust company which shall act as trustee of such funds, and hold and apply the same to the purposes hereof, subject to such regulations as this chapter or resolution or trust agreement may provide. (5) REMEDIES OF CERTIFICATE HOLDERS AND TRUS- TEES. Any holder of revenue certificates issued under the provi- sions of this chapter or any of the coupons attached, and the trustee under the trust agreement, if any, except to the extent the rights herein given may be restricted by resolution passed before the is- suance of the certificates or by the trust agreement may, either at 624 LAWS OF FLORIDA CHAPTER 63 -1242 6 G law or in equity, by suit, action, mandamus or other proceeding, protect and enforce any and all rights under the laws of the state or granted hereunder or under such resolution or trust agree- ment; may enforce and compel the performance of all duties re- quired by this chapter, or by such resolution or trust agreement, to be performed by the board or by any officer thereof, including the fixing, charging and collecting of service charges for the use of the project or for the services and facilities furnished thereby. (6) REVENUE REFUNDING CERTIFICATES. —The board may issue revenue refunding certificates for the purposes of refund- ing any revenue certificates then outstanding and issued under the provisions of this chapter or any other law for the purpose of paying all or a part of the cost of a facility. The board is further authorized to provide for the issuance of a single issue of revenue certificates of the board for the combined purposes of paying the cost of any facility or of acquiring by purchase or of constructing an additional facility of the same type; and of refunding revenue certificates of the board which shall theretofore have been issued for such facility and shall then be outstanding and which shall then have matured or be subject to redemption or can be acquired for retirement. The issuance of such revenue refunding certificates, the maturities and other details thereof, the rights of the holders thereof, and the duties of the board shall be governed by the fore- going provisions of this chapter insofar as the same may be appli- cable; provided, however, that revenue refunding certificates may be issued in accordance with the provisions of chapter 181, Florida Statutes. Section 12. It is declared to be the legislative intent that the powers, duties and responsibilities granted by this act shall be cumulative to, and in addition to, all powers, duties and responsi- bilities now granted or conferred by lave-, whether by general or local act, and shall not be construed to abrogate or repeal any of the same unless clearly in conflict therewith; and if any section, sub- section, sentence, clause, or provision of this act is held invalid the remainder of the act shall not be effected. Section 13. This act shall become effective only upon its ap- proval by a majority of the electors of Collier County voting in a referendum election to be held in Collier County.' Became a law without the Governor's approval. Filed in Office Secretary of State July 10, 1963. 625 i I! A11NUTES OF LANDOWNER'S MEETING N ; ; ? � 7 FIDDI"S CREEK CONMUNITY DEVELOPMENT DL9MgT ,rd of County Commissi::.-. The Landowner's Meeting of the .Board of Supervisors of Fiddler's Creek Community Development District was held on Wednesday, September 25, 1996 at 10:00 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 James Ward Tony Pires Tom Taylor Terry Cole Al Duffy Charles Alves Anthony DiNardo Mark P. Strain Hank Fishkind I -Ju Ire) 11 51' o S `1I z I &Q,ti : 1 , Ifs, Mr. Ward called the meeting to order at 10:00 A.M. Its.;,n# 1 �. 6 Copies Tr: SECOND ORDER OF BUSINESS Determination of Number of Voting Units Represented Mr. Ward stated I have received one landowner's proxy to date from 951 Landholdings Joint Venture appointing Mark P. Strain to vote 1,348.8 acres of land they currently own for the landowner's meeting. Are there any other landowners present in person or are there any other proxies being held by an individual to be voted today for nominating the position of five supervisors? There not being any we will continue with the meeting. TBIM ORDER OF BUSINESS Election of a Chairman for the Purpose of Conducting the IAndownears Meeting Mr. Ward stated since we only have one landowner present, Mr. Strain, I am going to ask you if it would meet with your approval if I continue in the position of Chairman for the purpose of continuing to conduct the your Landowner's meeting. If you are going to speak I will ask each of you to come to 16L., September 25, 1996 16G the podium, state your name, the firm you represent and your address for the record before answering any questions. Mr. Strain stated my name is Mark P. Strain and I represent 951 Landholdings Joint Venture and am landowner of the property. We have no objection to your being the Chairman for this meeting. FOURTH ORDER OF BUSINESS Nominations for the Position of Supervisor (5) Mr. Ward stated the primary purpose of today's meeting is for the landowners to consider the appointment of five individuals to serve in the position of Supervisor of the Fiddler's Creek Community Development District. The two individuals who receive the highest number of votes during the casting of the ballots in the ballot tabulation will serve a four year period on this Board and the three individuals receiving the lesser number of votes will serve a two year period. Mr. Strain, do you have any nominations you would like to enter into the record for the position of Supervisor? Mr. Strain responded we have five nominees; Paul Riegelhaupt, Arthur Woodward, Clifford Olsen, Larry Mullins and Grady Minor. Mr. Ward stated there not being any other nominations, I will close the nominations. FEFTH ORDER OF BUSINESS Casting of Ballots Mr. Ward stated I will pass out to Mr. Strain the official ballot for the Fiddler's Creek Community Development District and ask that you fill in the candidate's names and the number of votes that you will attach to each of those names, and to sign your name and address on the ballot and return it to me. I will also provide you the original proxy that was sent to my office for consideration. For the record, I have received the official ballot for the Fiddler's Creek Community Development District. SIXTH ORDER. OF BUSINESS Ballot Tabulation Mr. Ward stated pursuant to the balance I received from Mr. Strain representing 951 Landholdings, the following individuals have been elected to serve on the Board of Supervisors: Paul Riegelhaupt received 1,348 votes and will serve a four year term. Arthur Woodward received 1,348 votes and will serve a four year term. Clifford Olsen received 1,345 votes and will serve a two year term. 2 September 25, 1996 16G Larry Mullins received 1,345 votes and will serve a two year term. Grady Minor received 1,346 votes and will serve a two year term. ENIM ORDER OF BUSINESS Landowners Questions or Comments Mr. Ward stated this is an opportunity for members of the public who are landowners within Fiddler's Creek Community Development District to ask any questions relative to this meeting. Are there any questions? There not being any, EIGHM ORDER OF BUSINESS Adjournment The meeting was adjourned at 10:10 A.M. 16G AGENDA LANDOWNERS MEETING FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT Wednesday Northern Trust Bank Building September 25 1996 4001 Tamiami Trail North, 4th Floor - Larson Room 10:00 A.M. Naples, Florida 33940 1. Call to Order 2. Determination of Number of Voting Units Represented 3. Election of a Chairman for the Purpose of Conducting the Landowners Meeting 4. Nominations for the Position of Supervisor (5) 5. Casting of Ballots 6. Ballot Tabulation 7. Landowners Questions or Comments 8. Adjournment Naples Daily News Naples, FL 33940 Affidavit of Publication FIDDLER'S CREEK COMMUNITY DEV. DISTRICT — GARY MOYER 10300 NW 11TH MANOR CORAL SPRINGS FL 33071 REFERENCE: 052301 57358338 Notice Of Landowners State of Florida County of Collier Before the undersigned authority, personally appeared Nina Iverson, who on oath says that she serves as the Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the Raid newspaper. i PUBLISHED ON: 09/03 09/10 AD SPACE: 7.250 INCH FILED ON: 09 /10/96 Notice Of landowners Meeting Fiddler's Credo C mmur tty Development ou Is hereby gg s ado- ers within the Fldde Creek Community i Clevelop ment Dls W 'for lands beaded In Sections 11, 14 15jl 23 b 24, Township 51 do gene dfy desa �rFlorl- U.& 41 to the north, Imperial Wilderness Mobile Home Pork and agricultural uses to the east, state preserve lands io the south; State Rood 951, Port•Au -Price and Wood - lake Mobile Fiona Parks to the west and undeveloped and public lands to the north- west containing approxkr atety 1,31197M acres. odvtsinq ttwf a meeting of landown- ers will be held for the purpose of electing five sweMsers. Dote: September 25,14% Time: 100 A.M. Place: Northern Trust Bank Building 4001 TornicM Troll North 4th Floor The Larson Room Naples, Florida Each landowner may vote In person or by written proxy. Proxy forms may be ob- tdned upon request at fie offices of the District Manger, 10300 N.W. 11 Mortar, Cord Springs, Florida 33071, (454) 753-0310. At said meeting each landowner or his proxy shall be entttled to cost one vole per acre of land owned by him and located within the District for each person to be elected A traction of an acre shall be 4 Bat- ed as one acre i Immedoleiy Wo*ing the landowners ' meeting there will be convened the regular meeting of ft Board of Supervisors for the purpose of considering certdn orgontto- ofl nol matters of the Board to Include elec- tion of cerl in Usi ict offkers, conslder- ohm of cerloln documents related to the is- suance of special assessment bonds io pro- vide assessable krpr'ovemads, and levy of special assessments within the District, and other such business w#ddh may property come before the Board. The • meeting Is to ft accordance with the provfslorn of Florfdoo Law for Communlh7 Development Oislhicts. Each person who deddes to appeal any decision mode by the Board with re- spell to arty matter considered at the meeting Is advised ttnat person wld need a record of the proceedings and that oc- cordirgly, the person may need to en- sure that a verbatim record of the pro- ceedings is mode, Including the testimo- ny and evidence upon which such ap- peal is to be based. Gory L. Moyer Manager Septembey 3, 10 No. 3%556 Signature of Affiant . Scorn to and Subscribed before me this /� day of y : r"%f— 191 Jx? c} 1 Judith A. Ft km q•; :.; My COA4MISSiON / C ZW97 E>DPES February 19, 2000 6ONX0 PM TROY FAN M&FAMM W- Personally known by 161, 16G GULF BAY G September 12, 1996 Mr. James Ward Assistant District Manager District Offices 10200 N.W. 11th Manor Coral Springs, Florida 33071 Re: Landowner Proxy Dear James: 4001 bakizw Tag forth Sok 350 KVks, Fbridi 33940 813.434.2030 FAX: 813.434.5333 1516 13�r} VED t�' (?F, 6Z aZ� I am retuming to you, enclosed, an executed copy of the Landowner Proxy appointing myself, to vote the landowners interest for the upcoming election. Should you have any questions or comments, please do not hesitate to contact me. Sincerely, Gulf Bay Communities, Inc. lC Mirk P. Strain Vice - President Planning MPS/pm Enclosure as noted 90 1 D1• KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: Mark P. Strain And es.cn of Clem, attorneys and agents, with power of substitution in each of them for and in behalf of the undersigned, to vote as proxy at the meeting of the Landowners of the Fiddler's creek Community Development District to be held in the Larson Room, on the 4th Floor of the Northern Trust Bank Building, 4001 Tamiami Trail North, Naples, Florida, Wednesday, September 25, 1996 at 2:00 P.M., followed by they regular business meeting of the Board of Supervisors; said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to, the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the annual meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof, in writing, filed with the Secretary of the Fiddier a Creek Community Development District. ROO ST DLand Holdings Joint Venture By: V100 INCA Itls General Partner Aubrey J. errao, as President Votes En ed To 1348.8 Number of unplatted acres owned and entitled to vote: _ 0 Number of platted lots owned and entitled to vote: 1 M y 4 ":TI; .�1 COLLIER COUNTY, FLOREDA LANDOWNERS M September 25� •:: The undersigned certifies that he is the owner of land in the Fiddler's Creek Community Development District (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and three candidates shall be elected for a two year term. Name of Candidate e �- �- V o wo,�j Name: fAc,,4 ftN ok 'it r-. Address: 1{004 TYry1,\ikMt -�1RML 3So t\1 2:ytw f-,- t Number of Votes 13y 8' 13`fi 5 J3q y [ ZD4 16G Gary L. Moyer, P.A. 16 G Land Development & Management Consultant 10300 Northwest Eleventh Nlano Coral Springs, Florida 3307 (305) 753 -03& Date: January 28, 1997 Memorandum To: Ms. Kathryn Hankins County Finance Director/Deputy Clerk Collier County Courthouse P.O. Box 413044 Naples, FL 33941 -3044 Clerk of the Circuit Court - Finance c/o Dwight E. Brock 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112 -3016 Mr. W. Neil Dorrill Collier County Manager Governmental Center 3301 East Tamiami Trail Naples, Florida 33962 COUNTY DATE ACTION: INFO: FII.F: Reference: Minutes of Meeting held August 20, 1996 From: Gary L. Moyer Manager Enclosed for your records is a copy of the minutes of meeting held by the Board of Supervisors of Fiddler's Creek Community Development District as referenced above. %i 71 �` GLM /nk l . /C- Enc. Misr.. Cnrres: 00,1 :'. LL- G "1 Its —n �! I i 6 fc,,, . 11 1 0I' g DI DI • 1 1 Kyj pi 03 wo Me IV 1 • The organizational meeting of the Board of Supervisors of Fiddler's Creek Community Development District was held on Wednesday, August 20, 1996 at 10:00 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 Riegelhaupt Grady Minor James Ward Tony Pires Larry Gragg William Regan Tom Taylor Terry Cole Tony Dinardo Mark Strain 1• fl1�1• URBINO Chairman Vice - Chairman Assistant Secretary Assistant Secretary Assistant Secretary Assistant District Manager Attorney White & Case William R. Hough & Co. Hole, Montes & Associates Hole, Montes & Associates 951 Land Holdings 951 Land Holdings Call to Order Mr. Ward called the meeting to order and stated the record will reflect that the District was created by Rule of the Governor Cabiner and this is the first meeting of the Board. SECOND ORDER OF BUSINESS Oath of Office for Newly Elected Supervisors Mr. Ward, being a Notary of the State of Florida, administered the Oath of Office to Mr. Woodward, Mr. Riegelhaupt, Mr. Olson, and Mr. Minor, which will be made part of the official District records. THIRD ORDER OF BUSINESS Acceptance of Resignation of Interim Supervisor John Passidomo and Consideration of Replacement Supervisor Mr. Ward stated when the District was created and in the petition for this District five individual Board members were named to serve as the interim Board until such time as we will hold our landowner's election at which time the August 20, 1996 16( landowners at Fiddler's Creek will elect the permanent Board of Supervisors. We received on August 14, 1996 a letter which was contained in your agenda package and, for the record I will read it. "Dear Sir/Madam, I hereby respectfully decline appointment as a member of the Board of Supervisors of the Fiddler's Creek Community Development District, very truly yours, John Passidomo." The Statute does provide that the remaining Board members have the ability to appoint a supervisor to fill the unexpired term of the resigning member. Accordingly you have the ability at this time to appoint an interim supervisor to fill Mr. Passidomo's. term which will expire on the date you have your landowner's election which is scheduled for September 25th. I would ask a motion from the Board to accept the resignation of Mr. Passidomo. On MOTION by Mr. Minor seconded by Mr. Woodward with all in favor Mr. Passidomo's resignation was accepted. Mr. Ward stated the individual recommended is Mr. Mullins and a motion to that affect would be in order. On MOTION by Mr. Minor seconded by Mr. Woodward with all in favor Mr. Mullins was appointed to serve the unexpired term of Mr. Passidomo. Mr. Ward, being a Notary of the State of Florida, administered the Oath of Office to Mr. Mullins, which will be made a part of the official District records. Mr. Minor asked is the September meeting the one that the residents are going to become Board members this year? Mr. Ward responded it will not be the residents. The landowner's elect a permanent Board which need to be residents of the State of Florida. You five members could be elected as the permanent Board. The Statute requires a landowner's election within 90 days of the creation of the District. Mr. Minor asked how long do you think it will be before we will actually be on the Board before the residents take over? Mr. Ward responded the size of the District will indicate that. Six years after the creation date of the District begins the transition period to convert to a qualified elector based election. At that point, assuming the District has 250 qualified electors residing within it, a general election will be held for two of the 2 August 20, 1996 16u five positions and then two years thereafter the remaining three positions will be filled. GENERAL DISTRICT ITEMS FOURTH ORDER OF BUSINESS Overview of District Responsibilities and A. Introduction Mr. Ward stated Chapter 190 is the legislation that was enacted by the legislature in approximately 1980 for the purpose of providing developers with a mechanism to finance developments through municipal bonds and to provide a mechanism for the operation and maintenance of those community amenities throughout the life of the community without them being a burden on the general public. The District by virtue of its creation pursuant to Statute is a governmental agency and you are all now public officials of the State of Florida and must govern yourselves accordingly. B. Review of Statutory Requirements Your duties and responsibilities as a public official are found in the Sunshine Law. That Statute indicates that no two members of the Board may do any business of the Fiddler's Creek CDD outside of an open noticed public meeting. The minutes of this meeting will be transcribed and will be reviewed and approved at your next meeting. It also means that you may not use any member of your staff or your professional consultants in order to form an opinion as to how another member of this Board may vote on an issue which may appear before you for future consideration or action. In the event that any of you have any questions relative to the Sunshine Law, I will be able to help you at any time to discuss the matter. Once you retain a general counsel, he will also be able to assist you. Both of us, in the event that you call with that type of question, will advise you to .act conservatively and not discuss the issue until it comes up at the next Board meeting. The Code of Ethics for public officials requires you to file a financial disclosure forms within thirty (30) days of your being seated on this Board with the Supervisor of Elections in the County in which you reside. The financial disclosure forms were included in your original agenda packages for you to fill out. Other than those two main statutory requirements as public officials, there are a myriad of State Laws on the books that govern a CDD all of which will be 3 August 20, 1996 16U handled by your professional staff in terms of what you can and cannot do. We will guide you through those Statutes as we move through this process. C. Audience Comments Mr. Woodward asked if the form you sent us said file by July 1, 1996. Since it covered 1995 and none of us were involved, is there a new form? Mr. Ward responded no. The forms are only produced by the Commission on Ethics on a yearly basis and each year in July it is required to be disclosed by July 1st. Since this District was created afterwards, you fill it out for calendar year 1995 and send it in. ORGANIZATIONAL MATTERS FIFTH ORDER OF BUSINESS EIection of Officers A. Chairman (Resolution 96-1) Mr. Ward stated both the Chairman and Vice - Chairman must be elected members of the Board of Supervisors and, at this time, it would be appropriate for you to discuss who you would like to elect as your Chairman. We can either take nominations .from you or a motion to elect a Chairman would be in order. Mr. Woodward stated can I suggest that we ask each person who they are and what they do. Mr. Riegelhaupt stated I am a retired chemical and nuclear engineer. My background is in building large nuclear power plants. Mr. Olson stated I am a Real Estate broker here in town and I am also developing a commercial project. Mr. Minor stated I am a Civil Engineer. Mr. Woodward stated I am the father of two of the principals of the law firm that is going to be voted on. I am a retired Civil Engineer and lawyer. Mr. Mullins stated I am a Real Estate Consultant and sometime educator. Mr. Minor stated I nominate Mr. Mullins to be the Chairman. There being no other nominations, On MOTION by Mr. Minor seconded by Mr. Olson with all in favor Resolution 96 -1 designating Mr. Mullins as (Chairman was a.dopted. B. Vice Chairman (Resolution 96-2) Mr. Ward stated the Vice - Chairman will serve in the absence of the Chairman or to sign documents. 4 August 20, 1996 6t; Mr. Minor stated I nominate Mr. Olson. There being no other nominations, On OTION by Mr. Minor seconded by Mr. Woodward with M all in favor Resolution 96 -2 designating Mr. Olson t'. as Vice Chairman was adopted. C. Secretary (Resolution 96.3) Mr. Ward stated the Secretary can either be a member of the Board or your Staff. That position is for the purpose of recording your minutes and attesting to the signature of the Chairman on legal documents. The recommendation is that I be appointed as the Secretary of the Board and the balance of the Board can serve, as Assistant Secretaries. Mr. Minor stated we nominate Mr. Ward. There being no other nominations, un MUTWN by Mr. Minor seconded by Mr. H.iegelhaupt with all in favor Resolution 96 -3 designating Mr. Ward as Secretary was adopted. D. Treasurer (Resolution 96-4) Mr. Ward stated the Treasurer of the Board can either be a member of Staff or the Board. The treasurer's function is to pay the bills, sign checks, etc. Our recommendation to you is that I be appointed as the Treasurer of the Board or one of yourselves. On MOTION by Mr. Minor seconded by Mr. Woodward with all in favor Resolution 96 -4 designating Mr. Ward as Treasurer was adopted. E. Assistant Secretary(s) (Resolution 96-5) Mr. Ward stated we recommend that all other members of the Board and Mr. Moyer be appointed as Assistant Secretaries. In this manner, if I am not available, any other member of the Board can serve in that position and attest to documents. un rnu-riuN by Mr. Minor seconded by Mr. Riegelhaupt with all in favor Resolution 96 -5 designating Mr. Woodward, Mr. Riegelhaupt, Mr. Minor and Mr. Moyer as Assistant Secretaries was adopted. 5 August 20, 1996 . ► py i 1 16G Appointment of District Manager and Certain Support Personnel - Contract for Services (Resolution 96-6) Mr. Ward stated I work for a firm by the name of Gary L. Moyer, P.A. We have been in. business since 1979 representing a myriad of Special Districts throughout the State of Florida. We have as a clientele base over 63 Community Development Districts plus other Special Purpose Taxing Districts. Our expertise is in the management of these type of communities and the proposed agreement we have provided to you is a standard form we utilize for all our CDDs along with a compensation amount that are identified in both Exhibits A and B. You are welcome to choose whoever you want as your manager. Our firm and the agreements that we provided to you are for your consideration in that we would like to be involved in Fiddler's Creek. Mr. Olson stated since we do not have legal counsel, we cannot ask them. Mr. Ward stated neither our services, legal counsel and other professionals you will hire such as bond counsel and underwriters are not required to be Statutory bid pursuant to the Consultant's Competitive Negotiations Act or to purchase goods, commodities or services. Your engineer is required to be hired pursuant to the CCNA process on a yearly basis. Mr. Mullins stated the reputation of the company is well known and we can entertain a motion that we accept this arrangement. On MOTION by Mr. Woodward seconded by Mr. Minor with all in favor Resolution 96 -6 designating Gary L. Moyer, P.A. as District Manager of the Fiddler's Creek Community Development District and authorizing his com ensation was adopted. SEVENTH ORDER OF BUSINESS Appointment of District Legal Counsel (Resolution 96-7) Mr. Ward stated enclosed in your agenda package is the firm resume of Woodward, Pires and Lombardo to provide you with general legal services for the Fiddler's Creek Community Development District. I have known Mr. Pires for fifteen years and have worked with him on many of the CDDs in Collier County and on many other issues when he represented Westinghouse as their in -house counsel. My recommendation is to retain the firm of Woodward, Pires and Anderson, P.A. to serve as your legal counsel. They have provided an agreement August 20, 1996 16 u to you which I have- reviewed and is satisfactory to your staff along with a proposed fee structure for that firm, which is also fair and reasonable and is consistent with the fees, rates and charges we pay throughout the State for many of the Districts we work with. On MOTION by Mr. Minor seconded by Mr. Olson with all in favor Resolution 96 -7 designating the firm of Woodward, Pires and Lombardo, P.A. as District Counsel was adopted. EIGHT ORDER OF BUSINESS Selection of District Agent and Registered Office (Resolution 96-5) Mr. Ward stated these two positions are required by Statute primarily for service of process in the event that the District is sued or if we desire to sue someone else. We are recommending to you that the District's Registered Agent be Anthony P. Pires, Jr. and his firm, Woodward, Pires & Lombardo be the District's registered office address for service of process. On MOTION by Mr. Minor seconded by Mr. Riegelhaupt with all in favor Resolution 96 -8 designating Anthony P. Pires, Jr. as the District's Registered Agent, and further, designating office for service of process as Woodward, Pires & Lombardo, P.A. was adopted. NINTH ORDER OF BUSINESS Consideration of Resolution 96 -9 to Request the Collier County Board of Commissioners to Grant the Optional Powers as Outlined in Chapter 190 Mr. Ward stated when the District is created it has certain statutory powers to provide facilities and structures within the boundaries of the Community Development District but does provide to the Board of County Commissioners in which the District resides the ability to grant the optional powers within the Statutes for certain services. Resolution 96 -9 is a Resolution in which we are requesting the Board to grant the District the parks and facilities for indoor and outdoor recreational, cultural, and educational uses, securities and mosquito control services. These are three of the optional powers. There are others such as solid waste and construction of school buildings, etc. which will not be necessary for this community. However, it does not preclude you in the future in the event that you decide that you want to exercise those powers from requesting them. The 7 August 20, 1996 16G resolution we are recommending to you will be needed in order to continue with our construction programs. On MOTION by Mr. Woodward seconded by Mr. Minor with all in favor Resolution 96 -9 requesting the consent of the Board of County Commissioners of Collier County, Florida, to exercise those additional powers set forth in Section 190.12(2) (a), (d) and (e), Florida Statutes (1995) was adopted. TENM ORDER. OF BUSINESS Mr. Ward stated in accordance Consideration of Resolution 95 -10 Approving the Interim Budget for Fiscal Year 1996 Setting a Public Hearing and Approving the Developer Funding Agreement with the Statute, Resolution 96 -10 is requesting the Board to approve a budget for the purpose of setting a public hearing. The public hearing is the time in which you will adopt the budget for Fiscal Year 1996. It is a minimum budget for this current fiscal year that we are in since the District was created late. The Statute requires no matter what time of the year it is to go through the process. Next year when you go through your 1998 budgeting process there is a specific time schedule outlined in the Statutes when this must be done. The public hearing is scheduled for October 28, 1996 at 10:00 at the Northern Trust Bank Building, Larson Room. The budget is attached to the Resolution and is recommended for your consideration. On MOTION by Mr. Minor seconded by Mr. Riegelhaupt with all in favor Resolution 96 -10 approving the District's proposed budget for fiscal year 1996 and setting a public hearing thereon pursuant to Florida Law was adopted. Mr. Ward stated the Funding Agreement allows the District to adopt this budget in October and Gulf Bay Communities will be the provider of those funds on this interim period for all costs associated with that budget. Mr. Riegelhaupt stated Gulf Bay Communities should be 951 Land holdings Joint Venture. Mr. Ward stated we will make that correction. August 20, 1996 On MOTION by Mr. Minor seconded by Mr. Olson with all in favor the Developer Funding Agreement was approved. ELEVENTH ORDER. OF BUSINESS 16G Consideration of Resolution 96 -11 Approving the Proposed Budget for Fiscal Year 1997 and Setting a Public Hearing Mr. Ward stated Resolution 96 -11 approves the budget for fiscal year 1997 and sets the public hearing for October 28, 1996 at 10:00 A.M. The same comments apply as with Resolution 96 -10. On MOTTO 1,T ' v Mr. Minor seconded by Mr. Riegelhaupt with :ill in f�i%or Resolution 96 -11 approving the District's propo.�cd budget for fiscal year 1997 and setting a public hearing; was adopted TWELFTH ORDER OF BUSINESS Consideration of Resolution 96-12 Setting Forth Policy Regarding Support and Legal Defense of Board Members and District Staff Mr. Ward stated as a governmental agency you are protected by the Sovereign Immunity Statutes which limit the liability of a governmental agency to $300,000/$500,000 in claims. It does not protect you in the events of a Civil Rights violation. We provide a resolution that, in the event there is a suit against a member of the Board or it's Staff that the District will assist in the defense of that action. In addition to that, we will undertake to get you public official's liability insurance and certain general liability insurance which will occur after the creation date of the district. Between now and your next meeting we will work on getting both, public and general liability insurance. This Resolution will stand in its place until that time and follow in the event after the insurance is in place. On MOTION by Mr. Woodward seconded by Mr. Minor with all in favor Resolution 96 -12 with regard to the support and legal defense of the Board of Supervisors and District Staff was adopted. THURTEENTH ORDER OF BUSINESS Authorization to Advertise A. Engineering Services 0 August 20, 1996 16G Mr. Ward stated Chapter 287 of the Florida Statutes is what is commonly refer to as the Consultant's Competitive Negotiations Act in which it requires the Board to go through a process to select the particular professionals that are outlined in the Statute for you to hire. Generally those are engineers, landscape architects, surveyors, etc. That process requires that the District advertise in a paper of local circulation for the particular consultant to submit his resume and standard forms relative to the services we are requesting. Those resumes will be provided to the Board members at which time you will go through a process where you rank each of the firms. Once that ranking has been completed, you will authorize either your Manager or legal counsel to go back and negotiate a contract with that firm. That agreement will then be brought back to you at another Board meeting for your final consideration. This particular authorization allows us to begin the process of advertising for an engineer to serve in that capacity. On MOTION by Mr. Riegelhaupt seconded by Mr. Minor with all in favor Staff was authorized to advertise for enEineering services. B. Rules of Procedure Mr. Ward stated we provided to you in your package the Rules of Procedure we utilize in many of our Districts relative to how the District will operate on a day to day basis. It covers how to go through the purchasing process, how to hold your meetings, what the form of the agenda will be, how we deal with public information and records requests, etc. Mr. Mullins asked how many times are you required to advertise the rules? Mr. Ward responded the rules are required to be advertised once fourteen days before the meeting.' On MOTION by Mr. Woodward seconded by Mr. Minor with all in favor Staff was authorized to advertise the Rules of Procedure. C. Adoption of Resolution 96-13 Expressing the District's Intent to Utilize the Uniform Method of Levying, Collection and Enforcing Non Ad Valorem Assessments Mr. Ward stated a few years ago Chapter 197 which is the Statute controlling the levy of your non ad valorem assessments was changed and which requires the Board to adopt a resolution and which sets forth the notice of public 10 August 20, 1996 1bG hearing. This method of collection of assessments indicates that we will be able to utilize both, the Property Appraiser and Tax Collector of Collier County to place the assessments on those tax bills that go to the residents residing within the District in November of each year. This is important for two reasons; one is that the bondholders will require you to negotiate the agreements with the Property Appraiser and Tax Collector to ensure that those go on to the Tax Rolls. Secondly; when we get to the point of levying, operating and maintenance assessments within this District, it does provide the best mechanisms for the collection of those assessments. It keeps us out of the Accounts Receivable /Collection business. The process is expensive in terms of what the fees are, but one of the least expensive methods in case someone does not pay their assessments on the tax bill. This resolution will be published four times once per week in a newspaper of local circulation in Collier County. We will also be required to provide this to the Department of Revenue, the Property Appraiser and Tax Collector of Collier County. On MOTION by Mr. Minor seconded by Mr. Olson with all in favor Staff was authorized to notice a public hearing to adopt a resolution expressing the District's intent to utilize the uniform method of levying, collecting and enforcing non ad valorem assessments which hereinafter may be levied by the District in accordance with the provisions of Chapter 197.3632 F.S.; and providing an effective date was adoRted. Mel IN V DI p-Q116 Ito Eel U-0—m-Urel a ZUNI. lei Selection of Regular Monthly Meeting Dates and Time and Landowners Meeting Date and Time Mr. Ward stated because of the requirements for advertising the landowner's meeting date and time, we are recommending to meet on September 25th at 10:00 A.M. At this time, I would ask for a motion to hold our landowner's meeting for September 25, 1996 at 10:00 A.M. Mr. Mullins stated regular meetings on the fourth Wednesday of each month is good for everyone. Mr. Ward stated the Resolutions for your public hearings for the budget are set up for October 28th. Is that okay with everyone? Mr. Mullins asked is that distinct from our regular meeting? Mr. Ward responded since they are so close we may not have the October 23rd meeting and have it on the 28th, if that is agreeable with the Board. 11 August 20, 1996 On MOTION by Mr. Riegelhaupt seconded by Mr. Olson with all in favor the landowner's meeting will be held on September 25, 1996 at 10:00 A.M. and the fourth Wednesday of each month thereafter at the Northern Trust Bank Building, 4001 Tamiami Trail North, 4th Floor, Larson Room, Naples, Florida. 1bG FIFI'EENTI-i ORDER OF BUSINESS Selection of District Depository Mr. Ward stated the Statute requires the Board to select a depository from what it terms QPDs or Qualified Public Depositories in which the Department of Banking and Finance of the State goes through a process to qualify banking institutions throughout the State to hold public funds on behalf of the District. The recommended depository for your consideration will be Sun Bank, N.A. in Naples, Florida. Sun Bank is being recommended later in your agenda to hold your Trust Fund when we commence speaking about the Capital Improvement Program. It makes sense administratively to have the same bank for both your regular District Depository to hold your General Funds along with the Trust Department to hold your Trust Funds. It will become significant when we start levying assessments and the money gets transferred to us from the Tax Collector. Moving that back and forth between your Trust and Operating Accounts, if it is a different bank, is difficult. Unless the Board has any other recommendations, Staff is recommending the use of Sun Bank as the District Depository. Mr. Minor asked is there a particular reason Sun Bank is being recommended? Mr. Ward responded there are a number of banks that can provide this service. We feel that Sun Bank has provided a good proposal for you. Later in the agenda relative to your Trustee services and because of that, we recommend to you that they be utilized as your regular Depository Account also. On MOTION by Mr. Minor seconded by Mr. Woodward with all in favor Sun Bank, N.A. in Naples, Florida was selected to be the District's De osito . CAPITAL RELATED ITEMS SIX'I ENTH ORDER OF BUSINESS A. Bond Counsel 12 Appointment of Financing Team August 20, 1996 16G Mr. Ward stated one of the District's primary authorities and responsibilities is for the construction of the community wide infrastructure that will be going within Fiddler's Creek and the financing of it through Municipal Bonds. In order to accomplish those goals, there are certain professionals we will need to retain in order to assist you. The Trustee is named also as a part of your Master Trust Indenture which we will get to later on. The Bond Counsel being recommended to you is White & Case from Miami. They have provided a proposal and engagement letter in order to retain them. The primary purpose of your Bond Counsel will be to render a legal opinion at the time of the sale of the bonds that indicates that these bonds are tax free municipal obligations and can be sold to qualified investors defined in the Statutes. I am familiar with White and Case's work in terms of public finance. It is not required that this be bid pursuant to the CCNA process. One of the most important things you need to decide relative to hiring these professionals is the comfort level you will have with them and their expertise in this area. I have worked with the professionals I am going to be recommending to you on a number of occasions relative to our CDDs. We have all worked together to conclude financing; in a reasonable and timely manner to the benefit of the community in the long term. Mr. Gregg stated I am a partner in the Miami office of White & Case and you were provided with information regarding our qualifications and the firm and will be glad to entertain any questions you may have. On MOTION by Mr. Minor seconded by Mr. Woodward with all in favor White & Case was retained to be the Bond Counsel. B. Investment Banker Mr. Ward stated we have included in your proposal the use of William R. Hough & Co. and specifically, William J. Regan who is a Senior Vice President of the firm. I have been associated with Mr. Regan for fifteen years. He has done a number of deals for many of our community development Districts in the southwest Florida area. His qualifications are beyond reproach and the quality of his work is excellent. Mr. Regan stated I need to disclose that Mr. Woodward and I know each other for twenty five years. Hough & Co. is an outstanding firm in Florida and have been in business for thirty -five years. They are the leading underwriter of 13 August 20, 1996 16G Municipal Bonds in the State of Florida. As Mr. Ward pointed out, we have done a number of Districts within the southwest Florida area, some of which include Lely, Pelican Marsh, Pelican Bay and Pelican Landing. We have offices in Naples and would welcome the opportunity to be hired. On MOTION by Mr. Olson seconded by Mr. Woodward with all in favor William R. Hough & Co. was selected to be the Investment Banker. C. Retain Engineering for Purpose of Developing an Improvement Plan and an Assessment Plat Showing the Area to be Assessed, with Plans and Specificatjons, and an Estimate of the Cost of the Proposed Improvements Mr. Ward stated the firm we are recommending is the firm that does much of the work on the developer side. It is cost effective to retain that particular firm in the initial instance prior to us going through the CCNA process outlined earlier. We had included in your agenda a proposal from Hole, Montes & Associates to provide those services for an estimated fee not to exceed $10,000 based upon the hourly rates contained on page two. I have worked with Hole, Montes & Associates for many years and have always found their work to be professional and beyond reproach in terms of the quality of that work and the individuals working within that firm. Both, Mr. Cole and Mr. Taylor are here today representing Hole, Montes. Mr. Taylor stated I am the Vice - President with the firm. We have had the opportunity to work on a project several years ago with these gentlemen and look forward for an opportunity to work with you. On MOTION by Mr. Riegelhaupt seconded by Mr. Minor with all in favor Hole, Montes & Associates, Inc. was retained as the engineer for the purpose of developing an Improvement Plan and an Assessment Plat showing the area to be assessed, with plans and specifications, and an estimate of the cost of the proposed improvements. D. Financial Advisor Mr. Ward stated a financial advisor will be necessary to assist you in developing the Special Assessment report. I have enclosed in your agenda package a proposal from Dr. Fishkind to provide those services to you. I have worked with Dr. Fishkind for fifteen years and his expertise in this area is beyond 14 August 20, 1996 1 6 G reproach. He serves as financial advisor to many of the CDDs we work on and also serves as economic advisor to the Governor and Federal Government on many issues. Dr. Fishkind has provided many of the services we will be utilizing in the future. The proposal he provided is a standard form, including the fees outlined within and is recommended by Staff for your consideration. Mr. Mullins asked is he the one that will supply all the statistics and economic trends, etc. against which taxing basis will be developed? Mr. Ward responded yes. He will provide you with the Special Assessment Report which outlines both, the cost of the improvements we will be constructing, and a methodology in which the assessment should be placed across the property within Fiddler's Creek for the imposition of those assessments and a recommendation when we get to the bond sale as to the terms and conditions of those bonds being fair and reasonable. On MOTION by Mr. Minor seconded by Mr. Olson with all in favor Fishkind & Associates, Inc. was retained as District Financial Advisor. ORDER. OF BUSINESS Consideration of Resolution 96 -14 Declaring Special Assessments, Authorizing the Preparation of the Preliminary Assessment Rolls and Providing for a Public Hearing A. Presentation of Engineer's Report Mr. Ward stated there are three resolutions you will consider between this meeting and the next in order for you to adopt the Special Assessments relative to your Capital Program. This resolution is called the resolution of intent which authorizes the preparation of a Preliminary Assessment Roll. We also talk about the Engineer's Report which is the estimate of the costs for the Capital Program we will be undertaking and the methodology that Dr. Fishkind has proposed to you for levying this assessment. I ask that Mr. Taylor or Mr. Cole to take a few minutes to go over the Engineer's Report that outlines that information. Mr. Cole stated I am an associate with Hole, Montes & Associates and I have prepared the Engineer's Report based upon our work in the project over the last few years. Through the use of a map, Mr. Cole indicat4ed the proposed site plan for the project, indicating and County Road 951 is located on the west side of the property. There is a piece of property within the District that extends to the north and U.S. 41 is on the northern side of the property. To the south of the 15 August 20, 1996 16G property are State Preserve lands and to the east are existing agricultural farms. The project noted on page 6, shows the CDD boundaries. Within the Fiddler's Creek property which is approximately 1,700 acres is an existing golf course, a School Board property, and a County Utility Easement that are excluded from the CDD boundaries. The actual total acreage of the CDD is 1,390 and the property is zoned for residential multi - family /single family development with approximately 34 acres of commercial property. The project entrances are at 951 and U.S. 41. Everything inside the property is residential development as well as golf courses. There is an existing 18 -hole golf course that was developed by Massachusetts Mutual and there is a proposed 18 -hole golf course for future phases. The breakdown of land uses is shown on page 3. There are some preserve areas along the southern boundary of the property and a spreader swale that will be called Fiddler's Creek. The water management system drains from various water management basins into Fiddler's Creek which then drains into preserved areas to the south. The five major phases of development are shown on page 1 along with the expected year of completion. Currently the developer is in the process of building Phase 1 which is broken into Phase 1A and 1B. Phase 1A is currently under construction and the improvements for the turn lanes at the project entrance of State Road 951 are almost complete as well as approximately one half mile of roadway up to the extremity of Phase 1A. There is also a. sales center under construction that should be occupied within the next few months. Phase 1B consists of approximately three and one half miles of roadway mainly on the western side of the property. There is an existing roadway that goes into the mass mutual golf course of Championship Drive. Phase 1B will consist of relocating a portion of the roadway with a connecting road and the extension of Fiddler's Creek Parkway from Phase 1A up to the intersection. Those plans have been approved, the permits have been received, and the contractor is in the process of starting construction on Phase 1B with an expected year of completion for Phase 1 total is 1997. Within Phase 1 ' there are development pods throughout the project. There are approximately 60 development pods and three of them are currently under design which contain residential multi- family and single family units. Models will be built within those three development pods on correlation with the sales center to begin marketing the property later this fall and early next year. The existing infrastructure consist of the roadways which I have mentioned that go down to the existing golf Clubhouse and golf course which also 16 August 20, 1996 contains a water main. The golf course and Clubhouse have septic systems at this time. There is no effluent; they have irrigation lakes on site and in the future we will be connecting to water main on S.R. 951 as well as the water main within the project and ultimately connecting at U.S. 41. The sales center is currently serviced by a septic system and with the completion of Phase 1 there will be pump stations;'and force mains that deliver the sewage to a master pumping station. Effluent ultimately will be constructed down to the property in approximately the year1999 or 2000 from the County's south Treatment plant. The water management system consist of approximately 10 different basins and those ultimately discharge into Fiddler's Creek which acts as a spreader swale to spread the water out before it discharges into preserves outside the property. Associated with the permitting that was obtained from the Corps. of Engineers and S.F.W.M.D., there are some preserves areas to the south that have to be mitigated with exotic vegetation removal and monitoring. There are some wildlife crossings installed in various locations to correspond with the monitoring plan. On the back of the Engineer's Report there is an opinion of cost of the total development of all phases. On page 16 is a summary sheet of the grand totals of all the phases. The total opinion of costs is approximately $65,000,000. These costs are broken into each phase with an inflation factor of 5% per year corresponding to the year of completion. Inflation is already figured into the $65,000,000 and is for the entire project which include Phases 1 through 5. At the back of the report is Phase 1 which has been broken out separately to give more detail with a total cost of $19,000,000. Mr. Olson asked will the facilities on the golf course in any way be responsible for the District for prorata share of utilities? Mr. Taylor responded the golf course is not in the District. Mr. Olson asked I understand that. My question is if the District puts in these, is it anticipated that they will tie into the sewer treatment? Mr. Taylor responded it is possible ultimately, but they will be charged as a user as would any other user. Mr. Riegelhaupt asked there is no Fiddler's Creek golf course? Mr. Taylor responded not at present. Mr. Dinardo stated in the plans there is a proposal for a golf course. The property is within the CDD. 17 16G August 20, 1996 16G Mr. Taylor stated under the earthwork and clearing there is a component for golf course fill within the CDD, but the golf course and the other items associated with them are not part of it. Mr. Cole stated instead of hauling the fill away, it has to be dumped somewhere and we are committing the District to dump it on the developer's property. Mr. Mullins asked how would you irrigate without effluent? Mr. Cole responded presently the mass mutual golf course irrigate from on -site lakes. B. Discussion of Assessment Methodology Mr. 'Ward stated enclosed in your agenda package is the Assessment Methodology that Dr. Fishkind has proposed which I will briefly go over with you and ask you to adopt Resolution 96 -14 relative to the imposition of these special assessments. As Mr. Cole indicated to you, this development is approximately a 1,400 acre development consisting of 6,000 residential units and two golf courses. The Assessment Methodology that Dr. Fishkind has used takes all the costs of the program that have been identified by the engineers in the amount of $65,000,000 and spreads those 'costs over the 1,400 acres and 6,000 developable units based upon the benefits that each of those acres or units will receive from the imposition of these assessments. The methodology Dr. Fishkind is proposing to you is two- fold process. First is that the assessments related primarily to the water management system are based on the amount of net developable acres that are within the community for that project. Second, a trip generation based methodology which takes the kinds of residential units that will be constructed within the property for the balance of the services such as security, landscaping, or road construction and spreads it across the property based upon the estimated number of trips each will utilize once the project is fully developed. Those trip generation based rates are based upon standard ITE traffic generation rates that are utilized throughout the State. Going back to Table 1 is the beginning of his analysis relative to both the density and equivalent residentual units (ERU). It takes the types of units that you have which are a number of different single family types or multi- family types and commercial space and the density of those units and allocates what we call an ERU factor to each of them where a single family product which would be the largest unit within Fiddler's Creek is assigned a value of one and then every other F: August 20, 1996 16G product is a derivative of the single- family product based upon its size and location within the project. On Table 2, once we come up with the number of units and equivalent residential units, Dr. Fishkind works with the developer and develops an absorption schedule which is the number of units that are estimated to come on- line on a yearly basis through the end of development. This will be important for two reasons; one is both the sizing of the bond issues for the infrastructure development and, secondly, the timing of the bond issues for that infrastructure development. The first table that we talk about the timing is shown on Table 3. There you will notice that the $65,000,000 is the estimated cost of the various services that we will be providing. Then he has divided this into five series of bonds every two years within this District, based upon the absorption schedule located on Table 2. Once these cost estimates have been determined, the next step is to determine the amount of bonds that will be needed in order to fund that construction program as shown on Table 4. You will notice that from a $65,000,000 construction cost that Dr. Fishkind estimates that we will issue approximately $93,295,000 in Municipal Bonds in order to fund that construction program which is about 30% more than the estimated cost of construction. That amount is comprised of a few large items and then smaller ones. First is what we call a Debt Service Reserve Fund. When we go into the market and begin to issue Municipal Bonds, the bond investor will require that we fund an amount equal to 10% of the par amount of the bonds into a cash reserve account that can be utilized for events of default, or a non - payment of a substantial portion of these bonds. It will carry you for approximately one year on a bond issue. At the end of the term of the bonds those moneys will be utilized to pay off the final payment on the bonds or, as we get into this program you may have some developer buy downs which we will explain to you later in this process. In addition to your Reserve Account, we will be setting up a Capitalized Interest Account. That is the amount of money that will be placed in an account and will pay the interest on those bonds during the construction program. Essentially for the first two years of this bond issue you will have a sufficient sum of money sitting in the bank that will pay the interest component of that bond until such time as construction is completed. We will have the opportunity to place these assessments on the first Tax Bill and start receiving money in the bank. Those are the two largest components of the difference between the construction account and the par amount of the bonds. The balance of it is in bond 19 August 20, 1996 16G issuance cost related to Underwriter's and legal counsel fees, etc. for these bonds, but the majority of the cost differential is in your Reserve and Capitalized Interest Account. The Capitalized Interest Account will vary depending upon how long the construction program is anticipated. It may be shorter than two years or longer. As we get into each phase of bonds, that will be defined more closely for you. We are estimating a two year Capitalized Interest program during this first phase of bonds and, as such, is the reason for the difference between the $65,000,000 and the $93,295,000. You will also notice that in the 1996 Series of Bonds has a par value of $27,400,000 that will be recommended to you at the time we do this bond deal. Mr. Olson asked in each subsequent year, will you have that same two year period reserved for each phase? Mr. Ward responded anticipated in this program is a two year capitalized interest program for each phase of bonds, but that will be identified more closely for you as each phase comes up. From those construction cost estimates and the land use plan and the par amount of the bonds, we begin to develop the methodology based upon the acres and trips within the community. Those are allocated on Table 5. On Table 6 is the most important allocation which takes the $93,295,000 projected par amount of bonds to be issued within Fiddler's Creek and spreads it across the various product types that have been identified for you. You will notice what the estimated total cost per unit is in principal only at this point. It does not include the interest component of these bonds, but only the principal component of these bonds for each various single family or multi - family, or commercial space requirement. The final portion of Dr. Fishkind's methodology is in the overview section on page 2. It indicates that initially since none of the land within Fiddler's Creek is platted, all of the costs will be spread across the 1,400 acres on a per acre basis. That is an equal benefit for all the costs associated and as the property begins to be developed or platted, or some threshold determination for the development of the property, we will begin to move the per acre assessments off of the properties and spread it across the developed property based upon the methodology I just outlined. That is a more fair and equal way at that point in terms of the allocation of that methodology. The key is to ensure no golden acre theory which means that you do not have a $10,000,000 assessment sitting out there at the end of the development. Within the methodology there is a mechanism provided that allows us to calculate the remaining amount of debt that is spread across the balance of 20 August 20, 1996 16G the acreage of the land within Fiddler's Creek once a parcel is developed. Once a parcel of land becomes developed, it comes out of the denominator and we might only have 1,300 acres or 1,200 acres left and we do a calculation to determine that the per acre assessment is consistent with the per acre assessment on all of the land within Fiddler's Creek at the beginning of the development program. To the extent that that number is higher once a parcel becomes developed, the developer will then be required to pay down a certain amount of the principal debt on that bond in order to ensure that the debt will then be spread across all the property equally at the end of the program. That is essentially Dr. Fishkind's methodology and I will be glad to answer any questions. Mr. Riegelhaupt asked you mentioned two golf courses. Is the intent to build two golf courses in Fiddler's Creek? Mr. Ward responded I need to make a correction; it is only one. On MOTION by Mr. Woodward seconded by Mr. Olson with all in favor Resolution 96 -14 declaring Special Assessments; indicating the location, nature and estimated cost of those improvements whose cost is to be defrayed by the Special Assessments; providing the portion of the estimated cost of the improvements to be partially defrayed by the Special Assessments; providing the manner in which such Special Assessments shall be made; providing when such Special Assessments shall be made; designating lands upon which the Special Assessments shall be levied; providing for an Assessment Plat; authorizing the preparation of a Preliminary Assessment Roll; providing for a public hearing to consider the advisability and propriety of said assessments and the related improvements; providing for notice of said public hearing; providing for publication of this resolution was adopted. EIGMMEN'TH ORDER. OF BUSINESS Consideration of Resolution 96 -15 Setting a Public Hearing for the Purpose of Hearing Public Comment on Imposing Special Assessments on Certain Property Within the District Generally Described as Fiddler's Creek Community Development District in Accordance with Chapters 170,197 and 190, Florida Statutes Mr. Ward stated the public hearing for these Special Assessments is recommended for September 25, 1996 at 10:00 A.M. Resolution 96 -15 is recommended for your consideration also. 21 August 20, 1996 16G On MOTION by Mr. Woodward seconded by Mr. Riegelhaupt with all in favor Resolution 96 -15 setting a public hearing to be held on September 25, 1996 at 10:00 A.M. at the Northern Trust Bank Building, 4001 Tamiami Train North, 4th Floor, Larson Room, Naples, Florida, for the purpose of hearing public comment on imposing a Special Assessment on certain property within the District generally described as Fiddler's Creek Community Development District in accordance with Chapters 170, 197 and 190, Florida Statutes was adopted. ORDER OF BUSINESS Consideration of Resolution '96-16 Authorizing the Issuance of Not to Exceed $93,295,000 Fiddler's Creek Community Development District Capital Improvement Revenue Bonds and Authorizing the Commencement of Validation Proceedings Relating to the Bonds Mr. Ward stated I have enclosed a short form Resolution which adopts as an appendix to it the Master Trust Indenture which White & Case prepared for you and which was included in your agenda package outlining the terms and conditions of the proposed bond issue. The Master Trust Indenture sets up the amount of money the District will issue over the life of the District for the bonds issued. In this instance it is $93,295,000 does not require you to issue, it authorizes you to issue it. Secondly, it authorizes your general counsel to go through a proceeding in Circuit Court to validate those bonds. That is a requirement of the Statute in which we petition the Circuit Court of Collier County to authorize the District to allow us to issue those bonds. It is a good procedure and will foreclose in the future anyone coming back against the District that these bonds or that the methodology are not valid and the Circuit Court will take on the obligation of reviewing all that information. The Trust Indenture is a document that White & Case prepared and is in a form that we have utilized on may of the communities I have worked on. It outlines a lot of the details relative to these bonds. As we get to the point of issuing bonds, you will adopt a Supplemental Trust Indenture which will outline the exact terms and conditions of that specific bond issue, i.e. the par amount of the bonds, the interest rates, terms of the bonds, what the principal and interest component will be, when they will be paid, what the pre - payment provisions and a August 20, 1996 16G any optional pre - payment provisions. Resolution 96 -16 is recommended for your consideration. Mr. Gregg stated I would like to add that this is approving the form of this subject to any changes, additions or deletions that are approved by the Chairman and the Secretary. On MOTION by Mr. Minor seconded by Mr. Riegelhaupt with all in favor Resolution 96 -16 authorizing the issuance of not to exceed $93,295,000 Fiddler's Creek Community Development District Special Assessment Revenue Bonds, in one or more Series; approving the forms of a Master Trust Indenture and Supplemental Trust Indentures; authorizing the commencement of validation proceedings relating to the bonds; and providing an effective date was adopted. TWENTIE'T'H ORDER OF BUSINESS Staff Reports Mr. Ward stated items 20 through 22 are items we normally include in your agenda that allows your Staff to communicate anything to you that we have not scheduled on your regular agenda and to allow each of you an opportunity to ask us any questions you may have on an item that has not been scheduled. Manager's Report There not being any, the next item followed. Enguieer's Report There not being any, the next item followed. Attorney's Report Mr. Mullins stated I would like to ask the question, since I have seen where this District: is and since there has been some controversy with reference to the drainage from the north and things of disputes there, to what extent will the District become party to any dispute such as this in the future? To what extent does the District come into conflict with Port au Prince? Mr. Taylor responded that the role between the Developer and the District are distinct. The Developer goes through the process of obtaining the necessary planning and approvals for the development of the community. The facilities in all aspects of the project that are going to be acquired by the District are either acquired finance or constructed by the District such as the water management or roadway system, the District will become the operator of those. As far as getting involved in disputes with neighbors as to whether or not a proposed drainage 9 August 20, 1996 1 6 � activity does not comply with permit criteria. I do not think the District gets involved with that generally. Mr. Pires stated they will have to be constructed and then certified in accordance with the permits that have been issued before it is dedicated to the District. Mr. Mullins asked are the construction permits issued in the developer's name and then when it goes to operations stages turned over to the District? Mr. Pires responded that is correct. One of the items under my section would be authorizing Staff to get into an improvement acquisition agreement whereby the District and the developer enter into an arrangement of how the developer will possibly construct the facilities and the District will acquire those facilities with the proceeds from the Bond Issue. Thereafter the District will operate and maintain those facilities. There are certain steps to follow such as Certificate of Completion, Bill of Sales, etc. similar to what Collier County requires. Mr. Mullins asked are the water and sewer facilities going to be County? Mr. Pires responded yes. You might be involved in a pass through capacity. Collier County operates and is subject to the Voting Rights Act. One of the many points of the Voting Rights Act is that the Justice Department takes the position that the establishment of a CDD constitutes the establish of a new political entity. We disagree with that, but the Justice Department are insistent that it is. As a result, there is a submittal that is made to the Justice Department to obtain a pre- clearance. Once the District is established, package of materials following the format in the Federal Rules and Statute will be sent that to the Justice Department in Washington D.C. for their comments. I send a copy to the local representatives of the Hispanic, Indian and Black Community and they will have an opportunity to comment. I follow up with personal phone calls to those individuals to try to assure there are no objections made to the Justice Department. That is a routine item that occurs with entities in Collier County. If you were in Lee County, they are not subject to the Voting Rights Act to that extent. Mr. Riegelhaupt stated the roads will not be private. There will be public access to the property. There will be security gates but will not preclude people from entering the property. Mr. Pires stated I am handing out a form called the Project Improvement Acquisition Agreement. As part of the project, the District will be acquiring 24 August 20, 1996 certain facilities from the developer once the facilities are constructed. There will have to be a certification from the District's engineer that the facilities are constructed in accordance with the permit requirement. There will have to be a certification from the developer that they are completed. There will be a Bill of Sale conveying various facilities such as street lights, water management facilities, grants of easements were necessary, assignments of dedications on plats were necessary, assignments of reservations on plats were necessary so that the District becomes the interest holder of the land where the facilities are located. In talking to the developer the number for this aspect of the project improvement acquisition agreement will be a $27,500,000 not to exceed number. I ask that the Board authorize the District Manager and myself to finalize this agreement and the Chairman to execute it after further discussions with the developer. This is consistent Nvith other project improvement acquisition agreements that have been utilized in other CDDs. On MOTION ra Woodward all in he District Manager thattorney were authorized to finalize the Improvement Acquisition Agreement which is to be executed by the Chairman after further discussions with the develo er. OTHER BUSENESS JVKN'TYIHIRD ORDER OFBUSINESS Consideration of Interlocal Agreement with Collier County for Utility Services Mr. Pires stated included in your agenda package is an Interlocal Agreement with Collier County, but it is the wrong Interlocal Agreement. There should be a few of them as we proceed with Collier County. As part of the creation of the District, Collier County is very protective of its ability to be the water and sewer provider. During the formation process Collier County adopted a resolution consenting to the establishment of Fiddler's Creek CDD, but in its resolution it indicated and the developer committed to the Board of County Commissioners to ask the CDD Board to enter into a satisfactory interlocal agreement with Collier County and the Collier County Water and Sewer District. That is an agreement between Collier County and the Collier County Water Sewer District and the District whereby the District, once it acquires water and sewer and irrigation, will convey those to Collier County in line with the concept with Collier County that 0 August 20, 1996 7 L they are the pre- eminent water and sewer provider. This has not been approved by a County Staff and I request that the Board approve the form of the Interlocal Agreement and authorize the District Manager and myself to negotiate a final agreement with the Chairman to execute the agreement. On MOTION by Mr. Riegelhaupt seconded by Mr. Minor with all in favor the District Manager and the attorney were authorized to negotiate a final agreement between Fiddler's Creek CDD and the Board of County Commissioners of Collier County for utility services. Mr. fires stated Mr. Ward mentioned with regards to the Sunshine Law being generally conservative in the approach and he articulated well my feelings with regards to the Sunshine Law. I have a government Sunshine Law manual for anyone who have any questions. 17WENTY- FOURTH ORDER. OF BUSINESS Supervisor's Requests Mr. Ward stated this is a standard item that you will see on all your agendas which will provide each of you an opportunity to address an issue or make a request to the Staff. Mr. Riegelhaupt stated there is a typo on Resolution 96 -13; it should read Collier County instead of Hillsborough. Mr. Woodward asked is it possible for the members of the Board to have a copy that shows the streets. Mr. Taylor responded yes. Mr. Mullins asked does that drawing show the limits of the District? Mr. Cole responded it does not show the exclusions. The Engineer's Report has some exhibits that do show the exclusions. Mr. Mullins asked what about the boundaries of the District? Mr. Taylor stated it shows the exterior boundaries, but the mass mutual property is excluded from the District. We can provide you with additional exhibits. The meeting was adjourned at 11:50 A.M. Larry MuliLs, Chairman J es Ward, Secretary Wednesday August 20, 1996 10:00 A.M. AGENDA V G FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT Northern Trust Bank Building 4001 Tamiami Trail North, 4th Floor - Larson Room Naples, Florida 33940 1. Call to Order 2. Oath of Office for Newly Elected Supervisors 3. Acceptance of Resignation of Interim Supervisor John Passidomo and Consideration of Replacement Supervisor GENERAL DISTRICT ITEMS 4. Overview of District Responsibilities and Purpose A. Introduction B. Review of Statutory Requirements C. Audience Comments ORGANIZATIONAL MATTERS 5. Election of Officers A. Chairman (Resolution 96 -1) B. Vice Chairman (Resolution 96 -2) C. Secretary (Resolution 96-3) D. Treasurer (Resolution 96 -4) E. Assistant Secretary(s) (Resolution 96 -5) 6. Appointment of District Manager and Certain Support Personnel - Contract for Services (Resolution 96-6) 7. Appointment of District Legal Counsel (Resolution 96 -7) 166 8. Selection of District Agent and Registered Office (Resolution 96-8) 9. Consideration of Resolution 96 -9 to Request the Collier County Board of Commissioners to Grant the Optional Powers as Outlined in Chapter 190 10. Consideration of Resolution 96-10 Approving the Interim Budget for Fiscal Year 1996 Setting a Public Hearing and Approving the Developer Funding Agreement 11. Consideration of Resolution 96 -11 Approving the Proposed Budget for Fiscal Year 1997 and Setting a Public Hearing 12. Consideration • of Resolution 96 -12 Setting Forth Policy Regarding Support and Legal Defense of Board Members and District Staff 13. Authorization to Advertise: A. Engineering Services B. Rules of Procedure C. Adoption of Resolution 96-13 Expressing the District's Intent to Utilize the Uniform Method of Levying, Collection and Enforcing Non Ad Valorem Assessments 14. Selection of Regular Monthly Meeting Dates and Time and Landowners Meeting Date and Time 15. Selection of District Depository CAPITAL RELATED ITEMS 16. Appointment of Financing Team A. Bond Counsel B. Investment Banker C. Retain Engineering for Purpose of Developing an Improvement Plan and an Assessment Plat Showing the Area to be Assessed, with Plans and Specifications, and an Estimate of the Cost of the Proposed Improvements D. Financial Advisor 16G 17. Consideration of Resolution 96 -14 Declaring Special Assessments, Authorizing the Preparation of the Preliminary Assessment Rolls and Providing for a Public Hearing A. Presentation of Engineer's Report B. Discussion of Assessment Methodology 18. Consideration of Resolution 96 -15 Setting a Public Hearing for the Purpose of Hearing Public Comment on Imposing Special Assessments on Certain Property Within the District Generally Described as Fiddler's Creek Community Development District in Accordance with Chapters 170, 197 and 190, Florida Statutes 19. Consideration of Resolution 96 -16 Authorizing the Issuance of Not to Exceed $93,295,000 Fiddler's Creek Community Development District Capital Improvement Revenue Bonds and Authorizing the Commencement of Validation Proceedings Relating to the Bonds STAFF REPORTS 20. Manager's Report 21. Engineer's Report 22. Attorney's Report OTHER BUSINESS 23. Consideration of Interlocal Agreement with Collier County for Utility Services 24. Supervisor's Requests 25. Adjournment 16G Naples Daily News Naples, FL 33940 Affidavit of Publication ------------------- - +- - -- --- - - - --- FIDDLER'S CREEK COMMUNITY DEY. DISTRICT - GARY MOYER 10 :300 NW 11TH MANOR CORAL SPRINGS FL 33071 REFERENCE: 052301 57346293 Notice Of MeetingFid State of Florida Count), of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as the Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promisedl any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 08/13 Notice Of Meeting F►ddkr's Creek Community Improvement DMrid The Organliaftxg meeft of #* Board of Supenvlsors of the Fiddees Credo Commu- nity Devebpmend DWrid Is scheduled to be held Tuesday August 20, 19% at 10A AM In ft Nor4Exrn Trust Bank Bolding, 1001 Tomlomi Trol tlaA 11It Aw, The Larson Room, Naples, Florida The of the meding is to eled certain DMrriidd-d- f%corwder ft appoWnent of Staff to 1 Dui not Ambled to manoger, altar. nay, ettg ww and others as deemed appro- priate by ttw Board or to con- skier the ser Aces to be provided by' ft DPstr d and the Mumbo plan for w ne to consider certotn documents rdaled to Mie Issuance of special ossesimestt bonds and Jo conduct ow business twi may come before ft Board The meelk Is open to the public and wil be eortduded in actor• donee wHh the provisions of Florido Low for Commnity Developawd Dfsirk#s. • A copy of the agenda for ft meeting may be obtained from Gory L Moyer 10300 H.W. 11 Maw ' Card **vs ,FF � b011. Each ,person who to. upped any decision mode by It* Board wllh re- sped Jo arty mofhf considered at ftte meeting Is advised that person wil need a record of the proceedings and 8tat oc- cordingly, the person may need to en- sure the a verbatim record of the pro- ceednqs is made, kKkx kv the testimo- ny am evkJewe upon whkh such ap- peal is to be based Gory L Moyer Manow August 13 No. 849755 AD SPACE: 4.500 INCH FILED ON: 08/13/96 - --------------------------------- �; ----------- --- +------------------------- %� L Signature of Affiant / J / "� _ 1 Judith A. FIvigan �•; ., i MT rxNYMS510H / 0050e1E7 EXPIRES Sworn to and Subscribed before me this day of L4 19 1 p' hbnraryl9, 2000 G'L TJ�" L� 3I;,q'; �� WWD nmu rnor FAR tauWAa. mt:. Porenn a,� I v knnvn by w� .1 •'1 i-; ^ �! /J �1�D •. ''- �'j •`w: 1bb Oath of Office I, Larry Mullins, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Fiddler's Creek Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Fiddler's Creek Community Development District, Collier County, Florida. Date 16G Oath of Office I, Clifford Olsen, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Fiddler's Creek Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Fiddler's Creek Community Development District, Collier County, Florida. Date Oath of Office I, Q. Grady Minor, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Fiddler's Creek Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Fiddler's Creek Community. Development District, Collier County, Florida. P-)izololb Da to I- 16G 16G Oath of Office I, Arthur V. Woodward, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Fiddler's Creek Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Fiddler's Creek Community Development District, Collier County, Florida. ,T 'a0 - /e Date 16G Oath of Office I, Paul Riegelhaupt, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Fiddler's Creek Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Fiddler's Creek Community Development District, Collier County, Florida. Date CHEFFY PASSiDOMO WIISON & JOHNSON Arlro>17an xr LAW. » tiC1mpm K. CH07Y gQAW CUMM CM. Ti#A. ATMWEY jow M. PPSSVOWO Boom cow~ MAL UM fmwzy MC p �� SON Tft= A inan 470"'D R KWARD JOHNSON 6000 C661fiD Ural.► TWJM a umm amftkY 80AM cwwrw CNa. TWA. clop "Y Hoorm K HUJSA JULIET T. Woe UKM w CHE"Y Chairman, Fiddler's Creek Community Development District Dear Sir /Madam: e2, FV7H A ENUE SOUTH SUITE 201 NAPLES. FLORIN 34102 TELEPHONE PC) 261.0300 TMICOPIER (W'q 2613732 August 14, 1996 I herewith Tespectfully decline appointment as a member of the Board of Supervisors of the Fiddler's Creek Community Development District. 7MP /skg Very truly y --A c::7— M. Passidomo cn r= 07> 16G A 166 RESOLUTION 96 -6 A RESOLUTION DESIGNATING GARY L. MOYER, P. A. AS DISTRICT MANAGER OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT AND AUTHORIZING HIS COMPENSATION WHEREAS, the Board of Supervisors of the Fiddler's Creek Community Development District desire to appoint Gary L. Moyer as District Manager and to compensate in the same manner prescribed in employment contract dated August 20,1996; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT: 1. Gary L. Moyer, P. A. is appointed District Manager. 2. Gary L. Moyer, P. A. shall be compensated for his services in such capacity in the manner prescribed in employment contract dated August 20, 1996. Adopted this 20th day of August, 1996. Chairman Secr tary 16G AGREEMENT BETWEEN FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT AND THE FIRM OF GARY L. MOYER, P.A. FOR MANAGEMENT ADVISORY SERVICES THIS AGREEMENT, made and entered into on this 20th day of August, 1996, by and between the Fiddler's Creek Community Development District, hereinafter referred to as "DISTRICT ", and the firm of Gary L. Moyer, P.A. hereinafter referred to as "MANAGER ", whose address is 10300 NW 11th Manor, Coral Springs, Florida 33071. WHEREAS, the DISTRICT desires to employ the services of the MANAGER for the purpose of providing non - exclusive management, financial and accounting advisory services for the Fiddler's Creek Community Development District, as required to meet the needs of the District during the contract period; and WHEREAS, the MANAGER desires to assist the DISTRICT with such matters, NOW, THEREFORE, in consideration of the mutual covenants and agreements expressed herein the parties agree as follows: 1. The DISTRICT hereby engages the MANAGER for the services and fees described in Exhibit A. attached hereto and incorporated by reference herein. 2. The DISTRICT- agrees to compensate the MANAGER in accordance with the fee schedule set forth in Exhibit A. The total and cumulative amount of this contract shall not exceed the amount of funds annually budgeted for these services. In addition, the DISTRICT agrees to compensate MANAGER for reimbursable expenses incurred during the course of performance of this contract, including, but not limited to, out -of- pocket expenses for travel, express mail, computerized research, work processing charges, long distance telephone, postage, photocopying, courier and computer services. 3. Subject to the provisions for termination as set forth below, the term of this Agreement shall begin on August 20, 1996. The Agreement may be terminated as follows: a) upon notice by the DISTRICT for "good cause ", which shall include misfeasance, malfeasance, nonfeasance or dereliction of duties by MANAGER, unless Paragraph "C" of this section applies. i 1 16G b) upon the dissolution or court - declared invalidity of the DISTRICT; or c) by either party,, for any reason, upon 60 days written notice provided; however, should this Agreement be terminated, MANAGER will take all reasonable and necessary actions to transfer all the books and records of the DISTRICT in his possession in an orderly fashion to the DISTRICT or its designee. 4. The MANAGER shall devote such time as is necessary to complete the duties and responsibilities assigned to the MANAGER under this Agreement. 5. The signature on this Agreement by the MANAGER shall act as the execution of a truth -in- negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in the Agreement are accurate, complete And current as of the date of this Agreement. 6. The MANAGER represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in the standard set forth in Section 112.311, Florida Statutes. The MANAGER further represents that no person having any interest shall be employed for said performance. 7. The MANAGER shall promptly notify the DISTRICT in writing by certified mail of all potential conflicts of interest for any prospective business association, interest or other circumstance which may influence or appear to influence the MANAGER'S judgment or quality of services being provided hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the MANAGER may undertake and request an opinion of the DISTRICT as to whether the association, interest or circumstance would, in the opinion of the DISTRICT, constitute a conflict of interest if entered into by the MANAGER. The DISTRICT agrees to notify the MANAGER of its opinion by certified mail within thirty (30) days of receipt of notification by the MANAGER. If, in the opinion of the DISTRICT, the prospective business association, interest or circumstance would not constitute a conflict of interest by the MANAGER, the DISTRICT shall so state in its opinion and the association, interest, or circumstance shall not be deemed in conflict of interest with respect to services provided to the DISTRICT by the MANAGER under the terms of this Contract. This Agreement does not prohibit the MANAGER for performing services for any other special purpose taxing DISTRICT, and such assignment shall not constitute a conflict of interest under this Agreement. 8. The MANAGER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the MANAGER to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm other +F] 16 G 4, than a bona fide employee working solely for the MANAGER any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 9. The MANAGER warrants and represents that all of its employees are treated equally during employment without regard to race, color, physical handicap, religion, sex, age or national origin. 10. The MANAGER hereby represents and warrants that it has and will continue to conduct its business activities in a professional manner and that all services shall be performed by skilled and competent personnel to the highest professional standards. 11. The DISTRICT acknowledges that the MANAGER is not an attorney and may not render legal advice or opinions. Although the MANAGER may participate in the accumulation of information necessary for use in documents required by the DISTRICT in order to finalize any particular matters, such information shall be verified by the DISTRICT as to its correctness; provided, however, that the DISTRICT shall not be required to verify the correctness of any information originated by the MANAGER or the correctness of any information originated by the MANAGER which the MANAGER has used to formulate its opinions and advice given to the DISTRICT. 12. This Agreement shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the Agreement will be held in Collier County. No remedy herein conferred upon any party is intended to be exclusive of any other remedy and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. In any action brought by either party for the enforcement of the obligations of the other party, the prevailing party shall be entitled to recover reasonable attorney's fees. 13. All notices required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the DISTRICT shall be mailed to: FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 10300 N.W. 11TH MANOR CORAL SPRINGS, FLORIDA 33071 ATTENTION: GARY L. MOYER, 3 16G with a copy to: WOODWARD, PIKES & ANDERSON, P.A. 801 LAUREL OAK DRIVE SUITE 640 NAPLES, FLORIDA 34110 14. The foregoing terms and conditions constitute the entire Agreement between the parties hereto and any representation not contained herein shall be null and void and no force and effect. Further this Agreement may be amended only in writing upon mutual consent of the parties hereto. 15. No amendments and /or modifications of this Agreement shall be valid unless in writing and signed by each of the parties. This agreement shall be automatically renewable each Fiscal Year of the DISTRICT, unless otherwise terminated by either party. Negotiations shall be held prior to the DISTRICT's Fiscal Year end. The DISTRICT will consider price adjustments each twelve (12) month period to compensate for market conditions and the anticipated type and amount of work to be performed during the next twelve (12) month period. Such evidence of price adjustments will be approved by the DISTRICT in its adopted Fiscal Year Budget. 16. The primary responsibility for the services to be performed for the DISTRICT under this Agreement shall be provided by Gary L. Moyer, with offices located at 10300 NW 11th Manor, Coral Springs, Florida 33071. Any changes to the position of the primary MANAGER shall be effected only on the approval of the DISTRICT. IN WITNESS WHEREOF, the Board of Supervisors of the Fiddler's Creek Community Development District has made and executed this Contract on behalf of the DISTRICT and the MANAGER have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. Signed and Sealed in the presence of: Wit ess fitness Approved as to Form and Sufficiency: Lct itness 5 BOARD OF SUPERVISORS FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT By: \ Chairman GARY L. MOYER, P.A. ry r, resident 16b 16G + EXHIBIT "A" MANAGEMENT 1. General Consultation, Meetings and District Representation. As the District's Manager, consult with the District Board of Supervisors and its designated representative, and when necessary, participate in such meetings, discussions, project site visits, workshops and hearings as may pertain to the administration, accomplishment and fulfillment of the professional services set forth herein with regards to the projects and general interest of the District. Consultation and representation work with pertinent public agencies and private individuals in connection with the interests of the District. The service to be provided shall also include, but not be limited to planning, scheduling, production and quality control; coordination and administration of various professional service elements. 2. Meetings of the Board of Supervisors. The Manager shall attend regular and special meetings of the Board of Supervisors., 3. To prepare and submit to the District's Board of Supervisors a proposed Annual Budget and to administer the Adopted Budget of the District. 4. The Manager shall consult with and advise the District on matters related to the operation and maintenance of the District's works. 5. The Manager shall coordinate the activities and advise any advisory boards of the District. 6. The Manager shall be responsible for the appointment, supervision and removal of all District personnel. 7. The Manager shall implement the policies established by the District, in connection with the operation of the District. 8. The Manager shall provide all other services necessary to effectively manage the operation of the District. 16G i EXHIBIT "A" - continued ACCOUNTING To deflne and implement an integrated financial management reporting system which will allow the District to present fairly and with full disclosure the financial position and results of financial operations of the funds and account groups in conformity with generally accepted accounting principals and to determine and demonstrate compliance with finance - related legal and contractual provisions. Budget Management To provide for the accounting, reporting and control of revenues and expenditures in accordance with the District's needs. To prepare and report periodically a budget versus actual statement. General Ledger To prepare and implement a set of self - balancing accounts for all District funds. To ensure that all general ledger accounts and journal entries are recorded in accordance with federal, state, and local requirements. To ensure the payment of all invoices in accordance with District requirements including the preparation of payroll and reports. Reporting To provide information in accordance with legal and District management requirements. Financial information is reported at any level organizationally or functionally. Cash Management This function allows for daily, weekly, monthly, and yearly reporting of cash balances by fund. Revenue Reporting This function accounts for all revenues of the District. Financial information by organization and project, including revenue sources, is shown in an estimte versus actual format. Revenues are reported in compliance with the requirements and are recorded at the appropriate time for cash, full accrual or modified accrual basis of accounting. 16G EXHIBIT "A" - continued FEE SCHEDULE xy Upon Issuance j . Qf Bond, Yearly- Management $20,000 Accounting $ 8,000 Minutes and Records $ 5,000 Special Assessment Financing Part One $10,000 Part Two $10,000 C Totals $20,000 $33,000 I- 16G EXHIBIT "A" - continued MINUTES AND RECORDS To define and implement a system of records management for the District, including a concise and accurate record of the official actions of the Board of Supervisors, and any appointed Boards or Committees. These responsibilities include such items as: Custody of the District's Seal ❖ Records custodian and records management liason with State of Florida overseeing the storage of inactive files and destruction of obsolete files. ❖ Maintaining and safeguarding the minutes of public meetings, resolutions, contracts and agreements. Responding to public records requests. 4.6G EXHIBIT "A" - continued SPECIAL ASSESSMENT FINANCINGS (NON -AD VALOREM ASSESSMENTS) I!a t One To assist the District in formulating its financial goals and implementing the financial strategies required in order to meet those goals. 1) Formulation of the District's assessment methodology. 2) Assistance to the District in developing the financing plan for the District's funding of its infrastructure. 3) Recommendation as to the appropriate financial structures for the proposed financings. 4) Advise with the terms and features of the bonds, the timing of marketing of bond issues. Part TYM To assist the District in coordinating the financing process. 1) Assist Bond Counsel, Underwriter, and all other professionals in the issuance of long -term bonds. 2) Coordinate the financing process. 3) Assist in the preparation, review, adoption and execution of the authorizing bond proceedings, including assisting in the preparation of and review of all resolutions of the District pertaining to the bond financing. 4) Assist Bond Counsel in the validation proceedings for the District's bonds, including any testimony required in Circuit Court. RESOLUTION 96-1 1 6 G A RESOLUTION DESIGNATING LARRY MULLINS AS CHAIRMAN OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of Supervisors of the Fiddler's Creek Community Development District desire to appoint Larry Mullins as Chairman; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT: 1. Larry Mullins is appointed Chairman. Adopted this 20th day of August, 1996. Chairman law 6--/ S retary RESOLUTION 96-2 A RESOLUTION DESIGNATING CLIFFORD OLSEN AS VICE CHAIRMAN OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 1 WHEREAS, the Board of Supervisors of the Fiddler's Creek Community Development District desire to appoint Clifford Olsen as Vice Chairman; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT: 1. Clifford Olsen is appointed Vice Chairman. Adopted this 20th day of August, 1996. Chai man Sec etary RESOLUTION 96-3 1 6 G A RESOLUTION DESIGNATING JAMES P. WARD AS SECRETARY OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of Supervisors of the Fiddler's Creek Community Development District desire to appoint James P. Ward as Secretary; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT: 1. James P. Ward is appointed Secretary. Adopted this 20th day of August, 1996. l Chairman Sec tary RESOLUTION 964 A RESOLUTION DESIGNATING JAMES P. WARD AS TREASURER OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 16G WHEREAS, the Board of Supervisors of the Fiddler's Creek Community Development District desire to appoint James P. Ward as Treasurer; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT: 1. James P. Ward is appointed Treasurer. Adopted this 20th day of August, 1996. Chairman �5 taIy RESOLUTION 96 -5 16 G A RESOLUTION DESIGNATING ARTHUR WOODWARD, PAUL RIEGELHAUPT, Q. GRADY MINOR AND GARY L. MOYER AS ASSISTANT SECRETARIES OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of Supervisors of the Fiddler's Creek Community Development District desire to appoint Arthur Woodward, Paul Riegelhaupt, Q. Grady Minor and Gary L. Moyer as Assistant Secretaries; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT: 1. Arthur Woodward, Paul Riegelhaupt, Q. Grady Minor and Gary L. Moyer are appointed Assistant Secretaries. Adopted this 20th day of August, 1996. i Chairman /l law- Sec tary RESOLUTION % -7 1 v A RESOLUTION DESIGNATING THE FIRM OF WOODWARD, PIKES AND LOMBARDO, P.A. AS DISTRICT COUNSEL FOR THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT AND AUTHORIZING COMPENSATION WHEREAS, the Board of Supervisors of the Fiddler's Creek Community Development District desires to appoint the firm of Woodward, Pires and Lombardo, P.A., as District Counsel in accordance with their agreement for legal services dated August 20, 1996; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT: 1. The firm of Woodward, Pires and Lombardo, P.A. is appointed District Counsel. 2. The firm of Woodward, Pires and Lombardo, P.A., shall be compensated for their services in such capacity in the manner prescribed in the agreement for legal services dated August 20, 1996. Adopted this 20th day of August, 1996. 4-,�) -- - - - Chairman �lntca.�Cr�C�i� Secr tary RESOLUTION 96-8 16 G A RESOLUTION DESIGNATING ANTHONY P. PIKES, JR., AS THE DISTRICT'S REGISTERED AGENT, AND FURTHER DESIGNATING THE DISTRICT'S REGISTERED OFFICE FOR SERVICE OF PROCESS AS WOODWARD, PIRES AND LOMBARDO, P.A. WHEREAS, Section 189.004 of the Florida Statutes requires each District to designate a Registered Office and a Registered Agent upon whom may be served any process, notice, or demand required or permitted by law to be served upon the District; and WHEREAS, the Board desires to designate Anthony P. Pires, Jr., as its Registered Agent and designate his business address which is Woodward, Pires & Lombard.o, P.A., 801 Laurel Oak Drive, Suite 640, Naples, Florida, 34110 as its Registered Office; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT: 1. Anthony P. Pires, Jr., whose business address is Woodward, Pires & Lombardo, P.A., 801 Laurel Oak Drive, Suite 640, Naples, Florida 34110 is hereby designated as the Registered Agent of the District for the purpose of Section 189.004, Florida Statutes and his office as the Registered Office of the District. 2. This Resolution shall take effect immediately. 3. The District Manager shall transmit certified copies of this Resolution to thg_�lyrl pf. g �QmmiS ;inn�rjj► Ind III the Sate of Adopted this 20th day of August, 1996. Chairman Sec etary 166 RESOLUTION 96 -9 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT REQUESTING THE CONSENT OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO EXERCISE THOSE ADDITIONAL POWERS SET FORTH IN SECTION 190.12(2)(a), (d) and (e), FLORIDA STATUTES (1995) WHEREAS, the Florida Land and Water Adjudicatory Commission adopted a Rule creating the Fiddler's Creek Community Development District which was effective August 13, 1996; and WHEREAS, the Board of Supervisors of the Fiddler's Creek Community Development District at a meeting held August 20, 1996 considered the advisability of exercising those additional powers specified in Section 190.012(2), Florida statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, COLLIER COUNTY, FLORIDA; 1. That it is requested that the Board of County Commissioners of Collier County, Florida, give its consent to the Board of Supervisors of the Fiddler's Creek Community Development District to exercise the following additional specified powers set forth in Sections 190.012(2)(a), (d) and (e) , Florida Statutes (1995), to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain additional systems and facilities for: Parks and facilities for indoor and outdoor recreational, cultural, and educational uses. Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion - detection systems, and patrol cars, when authorized by proper governmental agencies; except that the District may not exercise any police power, but may contract with the appropriate local general purpose government agencies for an increased level of such services within the District Boundaries. Control and elimination of mosquitoes and other arthropods of public health importance. 2. This Resolution shall become effective upon its passage. PASSED AND ADOPTED THIS 20TH DAY OF AUGUST, 1996. ATTEST: S156retary BOARD OF SUPERVISORS OF FIDDLER'S CREEK COMMUNITY DEVE MENT DISTRICT Chairman 16G :r s Fiddler's Creek_ Community Development District 16G PROPOSED BUDGET General Fund RFVENt M: Developer Contributions Total Revenues EXPENDITURES: Supervisors' Fees Engineering Attorney Management, Accounting, Recording Secretary Annual Audit Travel & Per Diem Telephone Postage Rentals & Leases Computer Services Insurance Printing & Binding Legal Advertising Other Current Charges Office Supplies Annual District Filing Fee Capital Outlay Total Expenditures Net Income Fiscal Year 1996 Fiscal Year 1997 Prorated Annual 8/20/96- 9/30/96 Budget $30,175 $84,875 $30,175 $84,875 $3,000 $12,000 $10,000 $12,000 $10,000 $12,000 $4,125 $33,000 $0 $3,500 $125 $500 $100 $300 $150 $600 $400 $2,400 $400 $2,400 $250 $1,500 $150 $600 $1,000 $2,000 $250 $1,000 $100 $400 $0 $175 $125 $500 $30,175 $84,875 $0 $0 16 G RESOLUTION 96-10 A RESOLUTION APPROVING THE DISTRICT'S PROPOSED BUDGET FOR FISCAL YEAR 1996 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW WHEREAS, the District Manager has heretofore prepared and submitted to the Board a proposed operating budget for the balance of Fiscal Year 1996; and WHEREAS, the Board of Supervisors has considered said proposed budget and desires to set the required public hearing thereon; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT; 1. The operating budget proposed by the District Manager for the balance of Fiscal Year 1996 is hereby approved as the basis for conducting a public hearing to adopt said budget. 2. A public hearing on said approved budget is hereby declared and set for the following date, hour and place: Date: October 28,1996 Hour: 10:00 A.M. Place: Northern Trust Bank Building 4001 Tamiami Trail North 4th Floor - the Larson Room Naples, Florida 33940 Notice of this public hearing shall be published in the manner prescribed in Florida Law. Adopted this 20th day of August, 1996. 20� Chairman O Se retary Tiddler' Creek, Community Development District PROPOSED BLIDGET General Fund y.GtSy��, Fiscal Year 1996 Prorated 8/20/96- 9/30/96 16G Fiscal Year 1997 Annual Budget Developer Contributions $30,175 $84,875 Total Revenues $30,175 $84,875 Supervisors' Fuses $3,000 $12,000 Engineering $10,000 $12,000 Attorney $10,000 $12,000 Management, Accounting, Recording Secretary $4,125 $33,000 Annual Audit $0 $3,500 Travel & Per Dlem $125 $500 Telephone $100 $300 Postage .$150 $600 Rentals & Leases $400 $2,400 Computer Services $400 $2,400 Insurance $250 $1,500 Printing & Binding $150 $600 Legal Advertising $1,000 $2,000 Other Current Charges $250 $1,000 Office Supplies $100 $400 Annual District Filing Fee $ 0 $175 Capital Outlay $125 $500 Total Expenditures $30,175 $84,875 i Net Income $ 0 $ 0 RESOLUTION 96-11 A RESOLUTION APPROVING THE DISTRICT'S PROPOSED BUDGET FOR FISCAL YEAR 1997 AND SETTING A PUBLIC HEARING THEREON PURSUANT TO FLORIDA LAW 16u WHEREAS, the District Manager has heretofore prepared and submitted to the Board a proposed operating budget for Fiscal Year 1997; and WHEREAS, the Board of Supervisors has considered said proposed budget and desires to set the required public hearing thereon; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT; 1. The operating budget proposed by the District Manager for Fiscal Year 1997 is hereby approved as the basis for conducting a public hearing to adopt said budget. 2. A public hearing on said approved budget is hereby declared and set for the following date, hour and place: Date: October 28,1996 Hour: 10:00 A.M. Place: Northern Trust Bank Building 4001 Tamiami Trail North 4th Floor - the Larson Room Naples, Florida 33940 Notice of this public hearing shall be published in the manner prescribed in Florida Law. Adopted this 20th day of August, 1996. Chairman al, I W Se etary Developer Contributions Total Revenues Tiddfer' Greek_ Community Development District General Fund Supervisors' Fees Engineering Attorney Management, Accounting, Recording Secretary Annual Audit Travel & Per Diem Telephone Postage Rentals & Leases Computer Services Insurance Printing & Binding Legal Advertising Other Curren: Charges Office Supplies Annual District Filing Fee Capital Outlay Total Expenditures Net Income 16G Fiscal Year 1996 Fiscal Year 1997 Prorated Annual 8/20/98.9/30/96 Budget $30,175 $84,875 $30,175 $84,875 $3,000 $12,000 $10,000 $12,000 $10,000 $12,000 $4,125 $33,000 $0 $3,500 $125 $500 $100 $300 $150 $600 $400 $2,400 $400 $2,400 $250 $1,500 $150 $600 $1,000 $2,000 $250 $1,000 $100 $400 $0 $175 $125 $500 $30,175 $84,875 $0 $0 16G RESOLUTION % -12 RESOLUTION SETTING FORTH THE POLICY OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS WITH REGARD TO THE SUPPORT AND LEGAL DEFENSE OF THE BOARD OF SUPERVISORS AND DISTRICT STAFF WHEREAS, the Board of Supervisors and the officers, agents, and employees of the Fiddler's Creek Community Development District ( "District ") are constantly presented with the necessity for making decisions regarding various phases of District policy and management; and WHEREAS, it is essential to the effective operation of the District that such decisions be made in an environment where the threat of personal liability for the Board and its- officers, agents, and employees is maintained at a minimum; and WHEREAS, the Board of Supervisors wishes to formalize a policy with regard to the support and legal protection of the Board of Supervisors and its officers, agents, and employees so as to reduce the threat of personal liability to such individuals. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, COLLIER COUNTY, FLORIDA, that: 1. As set forth in this Resolution, the Fiddler's Creek Community Development District, in accordance with Florida Law, agrees that the following Board members and officers, agents, or employees of the District shall not be held liable or narned as a party defendant in any action allegedly caused by the negligence or wrongful act or omission of action within the scope of their office, employment, agency, or function, provided they have not acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property: (a) All members of the Board of Supervisors; and (b) The District Manager, Secretary, Assistant Secretary(s), District Engineer, and Counsel for the District (the "staff "). 2. The District, in accordance with Florida Law, recognizes that the exclusive remedy for the actions described in paragraph 1 above, shall be by action 1 16b against the Fiddler's Creek Community Development District or the Chairperson of the Board of Supervisors in his or her official capacity. 3. As set forth in this Resolution, the District hereby agrees to provide legal representation to defend any civil action arising from a complaint for damages or injuries suffered as a result of any act or omission of action of any of the above - listed Board and staff members of the District, present or former, arising out of and in the scope of his or her employment or function, unless, in the case of a tort action, the Board or staff member acted in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. Provided, however, that if the affected Board member and staff member of the District in good faith believes that there is a conflict of interest in said attorneys retained by the District providing representation to said individual, then at the request of said individual, District will and shall employ attorneys of said individual's selection to appear and defend the claim, action or item on behalf of the individual at the expense of the District. By this provision, the District does not waive any immunity from liability as granted under Florida Law, including the District's stating that to the extent the State does not through its laws protect the members of the Board and its officers, employees, or agents from liability, it is committed to doing so to the extent described in this Resolution. 4. The District may insure itself in order to cover all reasonable costs and fees directly arising out of or in connection with any legal claim or suit which directly results from a decision or act made by a Board member or staff while performing the duties and functions of his or her position. 5. This Resolution is intended to evidence the District's support of Board members and staff who perform acts and render decisions in the good faith performance of their duties and functions. The District will neither support nor defend an individual whose act or decision is the result of fraud, malfeasance or knowing criminal misconduct. The District will neither support nor defend those actions or omissions committed by an individual outside the scope of his /her office or committed in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of human rights, safety, or property. In the event that the District has expended funds to provide an Attorney to defend a staff or Board member who is found to be personally liable by virtue of actions outside the scope of his or her employment or function, or was acting in bad faith, with malicious purpose, or in a manner exhibiting wanton and willful disregard of human rights, safety, or property, the individual shall be required to reimburse the District for E funds so expended. such individual. The District may recover such funds in a civil action against 4. The District agrees to pay any final judgement, including damages, costs, and Attorney's fees, arising from the complaint for damages or injuries suffered as a result of any action or omission of action of any staff or Board member in a civil or civil rights lawsuit described in Section 111.07, Florida Statutes. If the civil action arises under Section 768.28, Florida Statutes, as a tort claim, the limitations and provisions of that section governing payment shall apply. If the action is a civil rights action arising under 42 U.S.C. § 1983, or similar federal statutes including by of example and not of limitation those statutes listed in 42 U.S.C. § 1988(b) (1994), payment for -the full amount of judgement may be made unless the individual has been determined in the final judgement to have caused the harm intentionally. The District agrees to pay any compromise or settlement of any claim or litigation described in this paragraph, provided, however, that the District determines such compromise or settlement to be in the District's best interest. 7. This Resolution shall not apply to actions initiated by the District against a Board member, officer, agent, or employee. THIS RESOLUTION PASSED AND ADOPTE.Q,this 20th day of August, 1996. Secre ry 3 Chairman 16G 16G RESOLUTION 96 -14 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT DECLARING SPECIAL ASSESSMENTS; INDICATING THE LOCATION, NATURE AND ESTIMATED COST OF THOSE IMPROVEMENTS WHOSE COST IS TO BE DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE PORTION OF THE ESTIMATED COST OF THE IMPROVEMENTS TO BE PARTIALLY DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE MADE; DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR AN ASSESSMENT PLAT; AUTHORIZING THE PREPARATION OF A PRELIMINARY ASSESSMENT ROLL; PROVIDING FOR A PUBLIC HEARING TO CONSIDER THE ADVISABILITY AND PROPRIETY OF SAID ASSESSMENTS AND THE RELATED IMPROVEMENTS; PROVIDING FOR NOTICE OF SAID PUBLIC HEARING; PROVIDING FOR PUBLICATION OF THIS RESOLUTION. WHEREAS, the Board of Supervisors of the Fiddler's Creek Community Development District ( "Board ") has determined to make or cause to acquire the public improvements set forth in the plans and specifications available for review at the offices of Hole, Montes & Associates, Inc. ( "Improvements "); and WHEREAS, the Board has determined that the Fiddler's Creek Community Development District ( "District ") shall defray the cost of the Improvements by special assessments ( "Assessments "); and WHEREAS, the District is empowered by Chapter 190, the Uniform Community Development District Act, and Chapter 170, Supplemental Alternative Method of Making Local and Municipal Improvements, Florida Statutes (1993), and Chapter 197, Florida Statutes (1993), to make the Improvements and to levy the Assessments. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, COLLIER COUNTY, FLORIDA: 1. Assessments shall be levied to defray the cost of Improvements. 2. The nature of the Improvements more specifically described in the plans and specifications on file at Hole, Montes & Associates, Inc. 16G 3. The general location of the Improvements is shown on the plans and specifications. 4. The estimated cost of the Improvements is $65,331,000.00 (hereinafter referred to as the "Estimated Cost "). 5. The Assessments will defray approximately $93,295,000.00, which includes the Estimated Cost, plus financing related cost, a capitalized interest, debt service reserve and contingency. 6. The manner in which the Assessments shall be made is contained within a report to wit: Assessment Methodology Report, dated August 11, 1996 available at the offices of the District Manager, 10300 N.W. 11th Manor, Coral Springs, Florida, 33071; and the office of the District's Attorney, Woodward, Pires & Anderson, P.A., 801 Laurel Oak Drive, Suite 640, Naples, Florida, 34110. 7. The Assessments shall be levied on all lots and lands, within the District, which are adjoining and contiguous or bounding and abutting upon the Improvements or specially benefited thereby and further designated on the assessment plat referenced below. 8. There is on file with Hole, Montes & Associates, Inc., an assessment plat showing the area to be assessed, with plans and specifications describing the Improvements and the Estimate of the Cost, which shall be open to inspection by the public. 9. The District Manager is hereby authorized and directed to cause to be made a preliminary assessment roll, as promptly as possible, which shall show the lots and lands assessed, the amount of benefit to and the assessment against each lot or parcel of land and the number of annual installments into which the assessment is divided. 10. Commencing with the year in which the Assessments are confirmed, the Assessments shall be paid in not more than twenty annual installments payable ` at the same time and in the same manner as are ad- valorem taxes and as prescribed by Chapter 197, Florida Statutes (1993); provided, however, that in the event the non ad- valorem assessment method of collecting the Assessments is not available to the District in any year, or the District determines not to utilize the provisions of Chapter 197, F.S. the Assessments may be collected as is otherwise permitted by law. 11. Upon completion of the preliminary assessment roll, the Board shall adopt a subsequent resolution to fix a time and place at which the owners of property to be assessed or any other persons interested therein may appear before the Board and be heard as to the propriety and advisability of the assessments or the 2 Irmn . 16G making of the Improvements, the cost thereof, the manner of payment therefore, or the amount thereof to be assessed against each property as improved. 12. The District Manager is hereby directed to cause this resolution to be published twice in a newspaper of general circulation within Collier County. PASSED AND ADOPTED this 20th day of August, 1996. ATTEST: e l t/l�� . Seer tary 3 BOARD OF SUPERVISORS OF FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, a Florida independent Special District I 1 � Chairman 16G AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT, made and entered into this JQ 1k day of , 1996, by and between FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, a public corporation organized and existing under the laws of the State of Florida, hereinafter referred to as "District ", and WOODWARD, PIRES & LOMBARDO, P.A., a registered Florida Professional Association, hereinafter referred to as "Attorney ". WHEREAS, District intends to employ Attorney to serve as the District's Attorney of record, to provide legal advice and counsel regarding District matters, attend District meetings, prepare and review legal documents prior to their adoption and execution. The District and Attorney agree as set forth below: ARTICLE 1. SCOPE OF SERVICES It is understood and agreed that the scope of this Contract will consist of providing legal advice and counsel, attending District meetings, defending or bringing legal actions, preparing and reviewing legal documents, representation on matters relating to the issuance of indebtedness by the District, and rendering such other legal services as the District might require related to services or projects that the District is empowered to provide pursuant to Chapter 190, Florida Statutes. ARTICLE 2. - COMPENSATION It is understood and agreed that the payment of compensation for services under this Contract shall be as follows: Fiddlus\FscAgrce 16G 2.1 District shall compensate Attorney according to the fee schedule attached hereto as Exhibit "A ". Attorney shall provide a statement of services on a monthly basis and payment shall be due within twenty -one (21) days of the ,. date of the statement. "TICLE 3 - REIMBURSABLE EXPENSES Reimbursable expenses consist of actual expenditures made by Attorney in the provision of service to the District for the incidental expenses listed as follows: 3.1 Expenses of transportation and living when traveling in connection with service to the District, for long distance calls, facsimile transmissions and telegrams, and fees paid for securing approval of authorities having jurisdiction over the District. 3.2 Expense of reproduction and postage and handling of drawings and specifications. ARTICLE 4 - ACCOUNTING RECORDS Records of Attorney pertaining to the services provided shall be maintained in accordance with law hereunder and reimbursable expenses shall be kept on a basis of generally accepted accounting principles and shall be available to the District or its authorized representative for observation or audit at mutually agreeable times. ARTICLE S. - REUSE OF DOCUMENTS All documents prepared or reviewed by Attorney pursuant to this Agreement are instruments of service. They are not intended Fiddkr%%FcaAtree 2 16G or represented to be suitable for reuse by District or others on extensions of the project for which they were provided or on any other project. Any reuse without specific written consent by Attorney will be at the District's sole risk and without liability or legal exposure to Attorney. AgTTCLE 6 - INSURANJCE Attorney shall, at its own expense, maintain insurance during the performance of its services under this Agreement, with limits of liability not less than the following: Workmens Compensation Statutory Professional Liability for Errors and Omissions $1,000,000.00 ARTICLE 7. - CONTINGENT FEE The Attorney warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Attorney to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Attorney, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from this Agreement. ARTICLE S. - PUBLIC RECORDS The Attorney shall allow public access to all documents, papers, letters, or other materials subject to the provisions of Chapter 11g, Florida Statutes, and made or received by the District in conjunction with the Agreement. ARTICLE 9 - NONDISCRIMINATION The Attorney covenants and agrees that it shall not discriminate against any employee or applicant for employment to be S&4m%F=Agmc 3 16G employed in the performance of the Agreement with respect to hiring, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of age, sex, or physical handicap (except where based on a bona fide occupational qualification); or because of marital status, race, color, religion, national origin, or ancestry. ARTICLE 10 - VERIFICATION OF EMPLOYMENT STATUS The Attorney agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control Act of 1986, of all persons it employs in the performance of the Agreement. ARTICLE 11. - PUBLICITY Attorney agrees that it shall make no statements, press releases or public releases concerning this Agreement or its subject matter or otherwise disclose or permit to be disclosed any of the data or other information obtained or furnished in compliance with this Agreement, or any particulars thereof, during the period of the Agreement, without first notifying the District and securing its consent. ARTICLE 12. - TERMINATION Either the District or Attorney may terminate this Agreement without cause upon thirty (30) days written notice. At such time as Attorney receives notification of the intent of the District to terminate the contract, Attorney shall not perform any further services. In the event of any termination without cause, Attorney will be paid for services rendered to the date of termination and all reimbursable expenses incurred to the date of termination. FWdkrs%FccASrcc 4 16G ARTICLE 13 SUCCESSORS AND ASSIGNS The District- and Attorney each binds himself and his partners, successors and assigns to the other party of this Agreement and to the partners, successors and assigns of such other party with respect to all covenants of this Agreement. Neither the District nor Attorney shall assign, sublet or transfer any interest in the Agreement without the written consent of the other. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. Witnesses: FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT r f_.Qe L /, y: � �! (� Its: 1 Witnesses: W01 By it i Fiddkn\FaA j ne 5 ATTORNEY FEES SCHEDULE Anthony P. Pires, Jr. $150.00 per hour (or any other partner /shareholder) Associates 16G 4� $100.00 to $140.00 per hour Paralegal $75.00 16G O O O C�p Co O O O O O Qi O Q O in tn N ' � r ' . O �► O O O O O CD O O O N O O N N N fU L IL �-- O O O O O Cl O Z O O O v W v Ln ai Cl) N Ln N Cl) M w Z L O cr- CL (I) U O O O O f- M U O o o M M Ur I V V) Q Z U cn w Q 00 O O O O O O C LL m F- N to z () m Q L Q c O Q a W1 U 06 Z ° p °O o 0 O W r O O O w O ` N CD cD N C6 C N to Z ~Q u u, V) w O U a ,; O O w z_ D O D Q y u; z ,1 c 0 V C 0_ L W U_ a v E °z' g i 0 x — c) W Al " O IL CO N O (n 2 ~ Q px O O U-) O J cu rn • a 41 N U U C U' M C C W C= W Ln am v D 000 O O O N h CF) r- co L40 N O O O d O O O �- T n 00 O O O O O O ti O r- (o V; M 0 O o O O O 0 0 0 Lf Ln o T (A T p O O Co O 0 0 0 0 0 O O O� Ln � c N O U U C U' M C C W C= W Ln am v D 000 O O O N h CF) r- co L40 N O O O d O O O �- T n 00 O O O O O O ti O r- (o V; M 0 O o O O O 0 0 0 Lf Ln o T (A T p O O Co O Cl 0 O 0 0 0 0 O� O � {A O O Z cz LL1 2 L w O a O O (� U O LL U H (n U LL O F-- W z O CL 2 N - ' co V) O O o 'L3 .}.J O U CV) LT] Q F cn Q W M 1 LJ..� LL- Q z ❑ • � ❑ U 0 L11 z� O U O U / ) z L11 Q CL C, a n. C-4 (L) EA co o o ,- 0 0 L � U 0 0 J ui r Q ' LL O N co. o r n O :- U) ►- o LL LL o U U C U' M C C W C= W Ln am v D 000 O O O N h CF) r- co L40 N O O O d O O O �- T n 00 O O O O O O ti O r- (o V; M 0 O o O O O 0 0 0 Lf Ln o T (A T p O O Co O Cl 0 0 0 0 0 0 O� T N {A M Z LL1 2 w O a a U _ LL1 U H U_ LL LL C C O Cl) L � U 0 J Q ' n O :- U) ►- 16G 1n N d O1 ti Q. N N 0 Y 4 L 0 e M� r S . v�. r� k.. L_ 5. PERMITS The following permits are required prior to the start of infrastructure construction: State of Florida Department of Community Affairs Development of Regional Impact approval and Preliminary Development approval. Collier County zoning approval. Dredge and Fill by the United States Army Corps of Engineers. Florida Department of Environmental Protection (FDEP) Water and Wastewater. South Florida Water Management District Surface Water Management and Water Use. Environmental Protection Agency NPDES. Local development orders (Collier County). All of the permits necessary to begin Phase 1 have been obtained except for the FDEP Water and Wastewater permits which are anticipated to be issued in July 1996. The District Engineer will certify that all permits necessary to complete Phase 1 have either been obtained or, in its professional opinion, will be obtained and that there is no reason to believe that the necessary permits cannot be obtained for the entire development. 26 16G } r 1 r� r�\ APPENDIX "A" ENGINEER'S REPORT FOR THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT PHASE 1 PREPARED FOR: BOARD OF SUPERVISORS FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT ENGINEERS: HOLE, MONTES & ASSOCIATES, INC. 715 10T1° STREET SOUTH NAPLES, FLORIDA 34102 FINANCIAL ADVISOR: FISHKIND AND ASSOCIATES 2424 RESEARCH PARKWAY, SUITE 275 ORLANDO, FLORIDA 32826 JULY, 1996 27 16G 1 1 r 16G r' 1`. 1. INTRODUCTION E -. This report supplements the original District Engineer's report for Fiddler's Creek Community Development District by providing a description of the Phase 1 improvements. The original Engineer's report includes a description and opinion of costs for the infrastructure necessary to complete the entire Fiddler's Creek project. The following supplemental report describes the infrastructure and opinion of costs necessary to complete Phase 1 of the project. 2. THE PHASE I PROJECT 2.1 The location of Phase 1 is shown on Exhibit 1. The infrastructure construction within Phase 1 began in November 1995. Phase 1 is described in the original Engineer's Report and will be funded by the District through a bond anticipation note. Phase 1 will generally consist of the following: • Roadways • Utilities • Earthwork and Clearing '. Stormwater Management • Roadway Lighting r- 4 Landscaping • Recreation, Parks and Security • Wetland Mitigation and Monitoring rOff -site Improvements r A detailed description of each infrastructure category is shown in the original Engineer's Report. r. Iw l993\93132W46appaidix .doe • . 28 k� d FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTF .r _ nl in 7t1AlINt'� w.r.c. 16G 2.2 Opinion of Costs r An opinion of costs for Phase 1 is given in Table 1. The costs shown are based upon the Developer's contracts with the infrastructure contractors and the Engineer's opinion of costs. The total cost for Phase 1 is estimated to be t. $19,369,000. A portion of the infrastructure will be financed by the Developer with the remaining infrastructure ` to be financed by the District. r ' 2.3 Permits - The following permits are required prior to the start of infrastructure construction: • State of Florida Department of Community Affairs Development of Regional Impact approval and Preliminary Development approval • Dredge and Fill by the United States Corps of Engineers • Florida Department of Environmental Protection (FDEP) Water and Wastewater • South Florida Water Management District Surface Water Management and Water Use f• Environmental Protection Agency NPDES • Local development orders (Collier County) All of the permits necessary to begin Phase 1 have been obtained except for the FDEP Water and Wastewater permits which are anticipated to be issued in July 1996. The District Engineer will certify that all permits necessary l to complete Phase 1 have either been obtained or, in its expert opinion, will be obtained and that there is no reason r- to believe that the necessary permits cannot be obtained for I• the entire development. C N*sm -71 SSwpU 993V3132N%%1c\appcMiz .doc 30 16G TABLE I OPINION OF PROBABLE COSTS FIDDLER'S CREEK CDD INFRASTRUCTURE PHASE 1 Worlc Item Cost _ Roadway $4,406,000 Utilities 2,548,000 Earthwork & Clearing 6,730,000 Stormwater Management 887,000 Roadway Lighting 398,000 Landscaping . 3,340,000 Recreation, Parks & Security 581,000 Wetland Mitigation & Monitoring 168,000 Off-Site Improvements 311,000 TOTAL 519,369,000 C C f Wuna_7I S \wp \l 993\93132Vvickappendix .doc 31 ASSESSMENT METHODOLOGY FOR FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 1.0 Introduction 1.1 Purpose This report provides a methodology determine the amount of community development district debt to be allocated to properties within the Fiddler's Creek Community Development District. The report is designed to be used by the District during the course of its assessment hearings under Chapter 190; F.S. 1.2 Background As described in the report by Hole, Montes & Associates, Inc., District Engineer, the Fiddler's Creek Community Development District is the third community development district includes 1,389.8 acres. The developer plans envision all of the property developed into a master planned, fully amentized community offering a maximum of 6,000 residential units and two golf courses.. The essence of the assessment methodology is a four step process. First, the District Engineer determines the costs for all improvements needed for the buildout of the community. Second, the District Engineer divides these costs into those which are roadway related (including street lighting and other appurtenances and improvements) and those improvements which are not related to the roadways. Third, the costs for providing roadways are divided among the benefiting properties on the basis of the volume of trips that each parcel is projected to generate once it is developed. Finally, the costs for all other improvements are divided among the benefiting properties in relationship to their development pgtential measured on the basis of equivalent dwelling units (ERUs). 166 2.0 Assessment Methodology 2.1 Overview the District Engineer has developed a master improvement program to support the full development of land in the District. Including inflation, these costs total $65,331,000. Based on these estimated costs, the size of the bond issues needed to generate funds to pay for these construction costs were determined to total $93,295,000. Initially, none of the' land in the District is subdivided or platted. The parcels and their land uses are what the developer plans to provide to the market, however, this is hypothetical until platting occurs. So, initially, when bonds are, issued to support infrastructure in the District, the debt will be spread evenly across all of the land in the District on an acreage basis. As actual development and platting occurs, the precise land use for each platted parcel will be determined. At that time a more precise allocation of debt to the platted parcels can be accomplished. The methodology for making these allocations is outlined below. The numerical examples provided are based upon. the developer's current land use plans. Should these change over time, the allocations to individual parcels will also change. However, to assure that there will always be sufficient development potential remaining in the undivided property to assure payment of debt service after any plat, the following test will be applied at each plat. The test is that the debt per acre remaining on the unplatted land is never allowed to increase above its initial level. Thus, if the initial debt level is $100 per acre, every time a plat is presented the debt on the land remaining after the plat must remain below $100. If not, then to approve the plat the District will require a density reduction payment to that the $100 per acre is not breached. Thus, the debt allocation methodology provided below is really a process by which the District can allocate debt to particular parcels of land at the time of platting. The procedures also assure that debt will not buildup on undeveloped properties creating potential assessment problems. 2 16G 2.2 Development Program Table 1 outlines, the expected development program for the land comprising the District. The program anticipates a mixture of predominately residential uses as well as two golf courses and extensive amenities. Table 2 provides the estimated absorption schedule for the i; project. 2.3 Construction Cost Estimates The District Engineer has estimated the costs of all improvements $06,331,000. Table 3 provides the breakdown by type of expense. These are broken into five phases. Each phase is estimated to last two year. However, this timing may change depending upon the actual pace of sales. 2.4 Bond Sizings To generate the funding needed for the proposed construction program, the District plans to issue revenue bonds. Five series of bonds are projected, one for each development phase (see Table 4). The bond size exceeds the construction estimates for a variety of reasons. Most importantly, the sizing includes the provision for up to 24 months of capitalized interest. This allows for the completion of the improvements prior to assessing properties for their payment. The bond structure is anticipated to be a 20 year term bond with level annual debt service. The interest rate is anticipated not to exceed 8.75°x. 2.5 Estimates For Trips,pnd EDUs Table 5 provides an illustration of how the allocation methodology is designed to work. This illustration is based upon the latest land use plan described above. As noted previously, debt related to roadways is allocated among the benefiting parcels on the basis of the volume of trips which each is projected to generate when fully developed. Since the roadways and related improvements were specifically designed to accommodate the traffic generated by the proposed land use plan, this allocation procedure is quite reasonable. It directly allocates debt to specific properties based upon the benefit that each one receives from the development of the District's roadway system. 3 16G The portion of debt incurred to fund the remaining, non road related, improvement in the District is allocated to benefiting properties on the basis of development intensity and density. These are measure on the basis of ERUs. For each residential parcel the ERU depend upon the inverse of the density for each type of product. Single- family detached "A" units are the base and are set at 1 ERU per unit. All other residential properties are measured as the inverse of their densities compared to the Single- family "A" unit base. Non residential land uses are assigned an ERU based upon a standard of 1,000 square feet of build out space. These allocations for ERUs are based on the principal that all of the non roadway infrastructure will benefit each acre of land developed in the District equally. This is reasonable in light of the benefits which derive from stormwater management, security, landscaping and the like. There is no basis to distinguish the benefits one acre receives from these services compared to any other developed acre. All benefit equally, so all must share in the costs equally. 2.6 Debt Allocation In Table 6 debt is allocated to each parcel of land depending upon their share of total trips and total ERUs projected for the District at buildout. The allocations are the product of the calculations in Tables 4 and 5. 2.7 Tax Roll The tax roll for the District will allocate the costs for the infrastructure initially on an equal acreage basis across all land in the District. As land is subdivided and platted, each platted parcel will receive a new allocation based upon its specific land use. However, until there is a plat, the ultimate land use cannot be • determined, nor can the ultimate debt allocated to that parcel. N 4 16G 16G m ch m U O Q) O CD CO OCOLOIT CIO N .— r 'd'mN O O CD M mIT Z 0 0 0 0 O O O 0 0 0 w H Q U O m N_ N N — O N N c7 I •- (O 1� (N �? M (n E N cql) I' N r- U') cl < Z Y LO 00 0 LO to 0 0 0 Ce) q N N L6 16 (D <D O N 00 (D %6 (n N Y o W W w U W W n' `L m U is � mr cn E cED cE9 cE9 v� v� m H '"I p — cut E 0 .+ U U R >> v U W = go tD 4' �cc(Ud cu2C2 o o rn m O Q F- O1 ~ H a �1 01 co 0 16G k o I Ol A CL U Z to W Q O N Q b 0 Z Y S N u. 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(D co rn M M 69 N000Mco0 ((Dfl_ (OD 0)r W) a) CON '0N N([)r- r(n q N r 0 4 cD C, k C) IN-.CM7Nulti �- 00 . -: 'T LO ((DD co cc) N 0 00 U') M r (p ZC ti O t[ k >- J h r- 00 (D f` %t- co U)M (n CD M LO �(0 N Oi (D tl- �j a) C Q, O •-- N "T r LO O co .� .� 69 64 r 69 of pU z O F w d w U N O zz f— J o d Cd 2 LLI J a o Q m :) a) cu (a (o E ro 0 Z7 `o zi LL _ (v -r o� Q iii cu CL U z W F- _Q U O U) U) Q 06 0 _z Y U) u.. ON r 03 O 16G 1 RESOLUTION 96-15 16G A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT SETTING A PUBLIC HEARING TO BE HELD ON SEPTEMBER 25,1996 AT 10:00 A.M. AT GULF BAY COMMUNITIES, 4001 TAMIAMI TRAIL NORTH, SUITE 350, NAPLES, FLORIDA FOR THE PURPOSE OF HEARING PUBLIC COMMENT ON IMPOSING A SPECIAL ASSESSMENT ON CERTAIN PROPERTY WITHIN THE DISTRICT GENERALLY : ;.D,ESCRIBED AS FIDDLER'S CREEK COMMUNITY DEVELOPMEN)' DISTRICT IN ACCORDANCE WITH CHAPTERS 170,197 AND 190, FLORIDA STATUTES. WHEREAS, the Board of Supervisors of the Fiddler's Creek Community Development District, ( "Board ") has' previously adopted Resolution 96 -14, entitled A Resolution of the Board of Supervisors.ci the Fiddler's Creek Community Development District Declaring Special Assessments; indicating the location, nature and estimated cost of those improvements whose cost is to,,be partially defrayed by the special assessments; providing the portion of the estimate&Qost of the improvements to be defrayed by the special assessments; providing the manner in which such special assessments shall be made; providing when such special assessments shall be made; designating lands upon which the special assessments shall be levied; providing for an assessment plat; authorizing the preparation of a preliminary assessment roll; providing for a public hearing to consider the advisability and Propriety of said assessments and the related improvements; providing for notice of said public hearing; providing for publication of this Resolution; and WHEREAS, in accordance with Resolution 96 -14, a preliminary assessment roll has been prepared and all other conditions .precedent set forth in Chapters 170, 197 and 190, Florida Statutes; to the hold�pg or (he aforementioned public hearing have been satisfied, and are available for pubfk inspection at the offices of the District Manager at 10300 N.W. 11th Manor, Coral Springs, "Florida, 33071; and the office of the District's Attorney, Woodward, Pires & Lombardo,' P.A, 801 Laurel Oak Drive, Suite 640, Naples, Florida, 34110. ' r. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, COLLIER COUNTY, FLORIDA: 1. There is hereby declared a.public hearing to be held at 10:00 A.M., September 25, 1996 at the Northern 'Trust Bank 13ixilding, 4001 Tamiami Trail North, 4th Floor - the Larson Room, Naples, Florida, for the purpose of hearing comment and objection to the proposed special assessment program for community improvements as identified in the 16G preliminary assessment roll, available at the offices of the District Manager at 10300 N.W. 11th Manor, Coral Springs, Florida, 33071; and the office of the District's Attorney, Woodward, Pires & Lombardo, P.A, 801 Laurel Oak Drive, Suite 640, Naples, Florida, 34110. Affected parties may appear at that hearing or submit their comments in writing prior to the meeting and submit same to the office of the District Manager 10300 N.W. 11th Manor, Coral Springs, Florida 33071. 2. Notice of said hearing shall be advertised in accordance with Chapters 170, 197 and 190 Florida Statutes, and the District Manager is hereby authorized to place said notice in a newspaper of general circulation within Collier County. 3. This Resolution shall become effective upon its passage. PASSED AND ADOPTtU this 20th day of August, 1996. BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, A Florida Independent Special District i Secr tary Cha rman The Preliminary Special Assessment Report will be attached to this Resolution tG t' 16G RESOLUTION 96 -16 A RESOLUTION AUTHORIZING THE ISSUANCE OF NOT TO EXCEED $93,295,000 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENT REVENUE BONDS, IN ONE OR MORE SERIES; APPROVING THE FORMS OF A MASTER TRUST INDENTURE AND SUPPLEMENTAL TRUST INDENTURES; AUTHORIZING THE COMMENCEMENT OF VALIDATION PROCEEDINGS RELATING TO THE BONDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of Supervisors of Fiddler's Creek Community Development District (the "Board" and the "District" respectively) has determined to proceed at this time with the validation of not to exceed $93,295,000 in principal amount of Fiddler's Creek Community Development District Special Assessment Revenue bonds in one or more series (collectively, the "Bonds ") to be issued under and pursuant to a Master Trust Indenture, (the "Master Indenture "), from the District to the Trustee (collectively, the Master Indenture as amended from time to time by the Supplemental Indentures is hereinafter referred to as the "Indenture "); WHEREAS, in conjunction with the commencement of the validation proceedings relating to the Bonds, it is necessary to approve the forms of the Master Indenture and Supplemental Indentures and to provide for various other matters with respect to the Bonds; . NOW, THEREFORE, BE IT RESOLVED that 1. Definitions. All words and phrases used herein in capitalized form, unless otherwise defined herein, shall have the meaning ascribed to them in the Indenture. ` 2. Master Indenture. and Supplemental Indentures. Attached hereto as Exhibit "A" is the form of Master Indenture, which is hereby authorized and approved, subject to such changes, additions, deletions and insertions as shall be 16G approved by the Chairman and the Secretary, which approval shall be conclusively evidenced by the execution,thereoE. Attached hereto as Exhibit "B" is a general form of Supplemental Indenture, which shall vary in accordance with each Series of note or bonds issued thereunder, the general form of which is hereby authorized and approved, subject to such changes, additions, deletions and insertions as shall be approved by the Chairman and the Secretary, which approval shall be conclusively evidenced by the execution thereof. Indenture, when executed and delivered by the Trustee, shall be the legal, valid, binding obligation of the District, enforceable in accordance with their respective terms. 3. Description of Bonds. The Bonds shall be dated, shall be in the aggregate principal amount not exceed $93,295,000, shall mature, shall be subject to mandatory and optional redemption on the terms, at the times and prices and in the manner, and shall bear interest at the rates to be provided in the Supplemental Indenture relating to the respective Series of Bonds and in the subsequent resolution establishing the details of the Bonds. The Bonds shall be initially signed by the manual or facsimile signature of the Chairman and initially countersigned by the manual or facsimile signature of the Secretary and shall be authenticated by the manual signature of the Trustee. The Bonds shall be generally in the form of Bonds attached to the form of Supplemental Indenture, which forms are hereby approved, subject to such changes, additions, deletions and insertions as shall be approved by the Chairman and the Secretary, which approval shall be conclusively evidenced by the execution thereof. The Bonds, when executed and delivered by the District, shall be the legal, valid, bind obligations of the District, enforceable in accordance with their terms. 4. Commencement of Validation Proceedings. District Counsel is hereby authorized to file a complaint against the State of Florida, and the taxpayers, property owners, and citizens of the District and Collier County, Florida, including non - residents owning property or subject to taxation therein, and all others having or claiming any right, title, or interest in property to be affected by the issuance by the District of the Bonds in accordance with the provisions of Chapter 75, Florida Statutes, and to take any and all further action which shall be necessary in order to achieve a final non - appealable order of validation with respect to the Bonds. 6. - Open Meetings. It is hereby found and determined that all official acts of this Board concerning and relating to the commencement of the validation proceedings for the Bonds, including but not limited to adoption of this Resolution, were taken in open meetings of the members of the Board and all deliberations of the members of the Board that resulted in such official acts were in meeting open to the public, in compliance with all legal requirements including, but not limited to, the requirements of Florida Statutes, Section 286.011. 7. Other Actions. The Chairman, the Secretary, and all other members, officers and employees of the Board and the District are hereby authorized and directed to take all actions necessary or desirable in connection with the issuance and delivery of the Bonds and the consummation of all transactions in connection therewith, including the execution of all necessary or desirable certificates, documents, papers, and agreements and the undertaking and fulfillment of all transactions referred to in or contemplated by the Indenture and this Resolution. 8. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED in Public Session of the Board of Supervisors of Fiddler's Creek community Development District, this 20th day of August, 1996. Attest: Secr tary FIDDLER'S CREEK COMMUNITY DEVE XOP ENT DISTRICT Chairman, Board of Supervisors 16G 16G :y Woodward, Pires chi Lombardo, P.A. GENERAL PRACTICE Finn Profile 606 Bald Eagle Drive, Suite 500 801 Laurel Oak Drive Post Office Box Qne Suite 640 Marco Island, Florida 34146 Naples, Florida 34108 (941) 394 -5161 - Telephone (941) 566 -3131 - Telephone (941) 642 -6402 - Facsimile (941) 566 -3161 - Facsimile 16G FIRM PROFILE The law firm of Woodward, Pires, & Lombardo, P.A. was established in 1971 by Arthur V. Woodward as the first law firm on Marco Island, and the firm grew with the Island. In 1991 we built and moved into our present office in the Island Tower building located at 606 Bald Eagle Drive, Suite 500, Marco Island, Florida. In 1987 we opened our office in Pelican Bay in Naples located at 801 Laurel Oak Drive, Suite 640, of the SuriTrust building. Arthur V. Woodward retired from the firm in December, 1986. This firm is uniquely qualified to assist clients with general civil litigation, family law, foreclosures, business transactions, corporate, limited liability companies and partnership formation, government issues, real estate litigation and transactional matters. Educational Background of Attorneys and Accountant and Professional Affiliations CRAIG R. WOODWARD - JD Degree, University of Florida College of Law, Gainesville, Florida - 1980; BS Degree in Business Administration, University of Florida - 1977; Joined firm October, 1980. Florida Bar Board Certified Real Estate Attorney; Member Florida and Collier County Bar Associations; Graduate Leadership Collier. MARK J. WOODWARD - JD Degree, Stetson Law School, St. Petersburg, Florida - 1980; BS Degree in Business Administration, University of Florida - 1977; Joined firm October, 1980. Member Florida, American and Collier County Bar Associations. ANTHONY P. PIRES, JR. - JD Degree, Florida State University, Tallahassee, Florida - 1975; BA Degree in History, State University of New York at Buffalo - 1972; Assistant State Attorney, Collier County, Florida - 1975:79 and 1981 -83; Assistant County Attorney, Collier County, Florida - 1979 -81; Contracts Administrator, Westinghouse Communities of Naples, Inc. - 1983 -86; Joined rirm November, 1986. Past member: Collier County. Environmental Policy Technical Advisory Board; Citizens Advisory Committee, Evaluation and Appraisal Report, Growth Management Plan; Member Florida and Collier County Bar Associations; Member Pelican Bay MSTU /BU Advisory Board; Past Member Citizens Advisory Committee, Collier County Growth Management Plan. 2 16G J. CHRISTOPIiER LOMBARDO - JD Degree, Florida State University - 1983; BA Degree in Political Science, cum laude, University of Central Florida - 1980; Admitted Florida Bar - 1983; Formerly partner in Asbell, Hains, Doyle & Pickworth - 1983 -91; Joined firm in 1991 as independent counsel, became partner in 1994. Member Board of Governors, Young Lawyer Division of the Florida Bar; Member Florida and Collier'Coanty, Bar Associations. BURT L. SAUNDERS, OF COUNSEL - JD Degree, William and Mary Law School, Williamsburg, VA. - 1975; LL.M Degree, Ocean and Coastal Law, University of Miami, Miami, Florida - 1978; BA Degree in Physics, University of South Florida, Tampa, Florida - 1972. Assistant County Attorney, Dade County, Florida 1979 -1982; County Attorney, Collier County, Florida - 1982 -1986. Member Collier County Commission, 1986 -1994; Member Florida House of Representatives, 1994 to present. STEVEN V. BLOUN'I' - JD Degree, Florida State University - 1995; BA Degree in Marketing, Florida International University - 1992; Admitted Florida liar 1995; Joined Firm in 1996. Member Academy of Florida Trial Lawyers; Member of Florida and Collier County Bar Associations. GEROLD KNAUERIIASE- Certified Pierce School of Business Administration, Administrative Accountancy, Philadelphia, Pennsylvania - 1962' Partner, William Knauerhase & Son, Accounting firm in Philadelphia - 1958 -68; Became sole owner in 1968; Enrolled to practice before the Internal Revenue Service; Joined firm in January, 1980. Member National Society of Public Accountants; Member Florida Accountant Association. Counts in Which Authorized to Practice l.;iw All Courts of the State of Florida Federal Court, Middle District of Florida United States Courts of Claims Facilities, Library and Equipment The firm occupies some 4,100 square feet in the Marco Island office which includes the following: reception area, library, two conference rooms, seven attorney offices, one office for in -house accountant, secretarial area, support equipment room, and lunch room. The Pelican Bay office has approximately 3,361 square feet which includes five attorney offices, reception room, and three conference rooms. 3 Our library is one of the most complete private law libraries in Collier County and 16 G includes Southern Reporter 1st and- 2nd Series, Florida Jurisprudence, American Jurisprudence, and over forty series dealing with specific areas of law. We have a modem linking the Pelican Bay and Marco Island offices, with data processing being used for billing, court docket control and document preparation. Our research capabilities have been expanded by obtaining the Florida Statutes, Southern Reporter , Shepard's and Florida Administrative Code on CD -ROM. Professional Organizations American Bar Association Florida Bar Association Collier County Bar Association; Director (1987 -91), Secretary (1991 -92), President -elect (1992 -93), and President (1993 -94) National Society of Public Accountants Florida Accountant Association Service Orgsu1izations, Affiliations and Coinmunity Involvement Collier County Educational Foundation - Golden Apple Leadership Collier Graduate Citizens' Advisory Committee - Collier County Comprehensive Plan Rotary Club of Marco Island, Past President Chamber of Commerce of Marco Island, Past Secretary, President Elect Sunrise Rotary Club of Marco Island, Past President Board of 'Governors, Young Lawyers Division of the Florida Bar Friends of the Collier County Museum, Past President Kiwanis of Greater Marco & Capri, Past President Mid -flay Optimist Club of.Naples, Director /Past President Naples North Rotary Club, Past President Edison Community' College Development Committee Collier County Environnrental'Policy Technical Advisory Board St. Marks Episcopal Church East Naples Methodist Church Marco Island'YMCA, Past President First Baptist Church of Marco Island 4 Areas of Practice Administrative Practice - The - attorneys in the firm interact extensively with employees and personnel in local government agencies in all aspects of land development and business regulation. Further, we provide our input to new proposed regulations and ordinances, including proposed land development regulations and changes to the Growth Management Plan and land development regulation. Additionally, we practice before the Florida Real Estate Commission, the Department of Transportation, the Division of Land Sales, and other state agencies. Public Practice - We represent the City of. Everglades City; the Clerk of Courts, Collier County; three (3) Community Development Districts (i.e., Gateway Services District, Pelican Marsh Community Development District and River Ridge Community Development District); and the Immokalee Fire Control District. In conjunction with that, we are familiar with governmental regulations, open. meetings laws, personnel matters, and acquisitions by public bodies. In addition, our staff has extensive experience dealing with county government and elected offices. Civil Litigation - We represent local banks and various corporations and individuals handling mortgage foreclosures, as well as questions of commercial law. In addition, we represent clients concerning domestic relations, construction problems, promissory note collections, contract disputes, personal injury, and eminent domain proceedings. Clients include developers and individuals or local businesses. In connection with civil litigation, we do appellate work. Alternative Dispute Resolution - The firm participates actively in resolving disputes among parties through informal mediation, mediation or arbitration under state code, and arbitration through the American Arbitration Association. Our practice in this area is a part of litigation that is pending, or contemplated, or independent• thereof, depending upon the needs of the parties to a particular dispute. Land Development - We represent numerous developers of phased and unphased multi- family housing units (i.e., villas, low -, mid -, high -rise condominiums, and apartment complexes), in the Naples /Marco Island area, primarily in Collier County, as well as in Lee County. In our representation of these developers, we formulate documents for corporations, limited partnerships, and joint ventures; prepare Declarations of Covenants, Conditions and Restrictions; all condominium documents; obtain or assist in obtaining construction loans; manage all deposit monies (when acting as escrow agent); close the units on behalf of the developers, including paying off the construction loans. We also represent the developer of a modular home community for moderate income families.* In addition, we have been legal counsel for developers of unimproved land and have prepared necessary documentation for Planned Unit Developments (PUD's), assisted in platting property including golf course communities, and negotiated contracts for road, sewer, and water improvements. We also represent owners /managers of multi - family projects with regard to landlord /tenant matters. 5 16G General Commercial - We form new corporations for businesses and assist in filing for and obtaining the necessary licenses. In addition, we have formed general and limited partnerships and joint venture agreements. 'In connection with this aspect of our practice, we represent individuals, local restaurants, realty companies, and small businesses. Real Estate - We are usually involved in real estate matters of a complex nature (i.e., options contracts, title problems, lease - purchase agreements, quiet title suits, easements, large commercial sales, etc.), although we also handle developer condominium closings and resale residential real estate. In connection with handling real estate transactions, our firm is title agent for Chicago Title, Fidelity Title and Commonwealth Land Title Insurance Companies. Estate, Probate and Tnists - We handle preparation of Wills, Trust documents, and do estate administrations. We do numerous-ancillary administrations and preparation of trust documents. In connection with this work, we are familiar with Federal Estate and Gift Taxation. Family Law - We prepare Prenuptial Agreements, handle dissolution of marriage cases, assist in adoptions, handle guardianship proceedings and handle paternity suits. Fina\Reswix - -- -- - -- . -_ T 16G FUNDING AGREEMENT 16G THIS AGREEMENT, made and entered into this 20th day of August, 1996 by and between: Fiddler's Creek Community Development District, a public corporation created pursuant to Chapter 190, Florida Statutes, hereinafter referred to as District; and Gulf Bay 100, Inc., and Parcel Z, Inc., jointly d /b /a 951 Land Holdings Joint Venture, a Florida General Partnership, hereinafter referred to as Developer; WITNESS ETH: WHEREAS, the Developer owns the majority of all lands within the District; and WHEREAS, the District pursuant to the responsibilities and authorities vested in it by Chapter 190 F.S., desires to proceed with the discharge of its duties to include administrative, legal, and the preparation of certain plans and specifications for the Water Management, roadways and water distribution and wastewater collection facilities, hereinafter'referred to as capital improvements; and WHEREAS, the Developer recognizes that in so discharging said duties and responsibilities, certain beneTits will accrue to the land; and WHEREAS, the Developer is agreeable to funding the operations of the District as called for in the Interim Budget, approved by the Board of Supervisors, which is attached and made a part hereof as Exhibit "A" said budget commencing August 20, 1996 and terminating September 30, 1997; NOW, THEREFORE, based upon good and valuable consideration and mutual covenants of the parties hereinafter recited, it is agreed as follows; 1. Developer agrees to make available to the District the moneys necessary for the operation of the District as called for in the Interim Budget, shown as Exhibit "A ", monthly, within fifteen (15) days written request by the District. The funds shall be placed in the District's General checking account in Broward County. The parties hereto recognize that a portion of the aforereferenced operating expenses are required in support of the District's effort to implement its capital improvements program which are to be financed in the form of note(s), bond(s) or future developer advances and as such may be considered to be reimbursable expenses. The District agrees that upon the issuance of its note(s) or bonds(s) that there will be included an amount sufficient to reimburse the Developer for a porti9wof ; the advances made pursuant to this agreement and such reimbursement will be' made within thirty (30) days of receiving the proceeds of the note(s) or bond(s). The advances made pursuant to this agreement and reimbursement of same will not include any interest charge since it is anticipated that the District will proceed in a timely fashion to obtain its note(s) or bond(s). Sec etary IV Fiddler's Creek Community Develo nt District Chairman 16G WHITE S CASE * Ao A UNITED STATES FIRST t-1NiaN FINANCIAL CENTER ASIA LOS ANGELES 200 SOUTH BISCAYNE BOULEVARD ALMATY ANKARA MIAMI NEW YORK MIAMI, FLORIDA 33131.2352 BANGKOK BOMBAY WASHIN0TO N. O.C. HANOI EUROPE TELEPHONE: (I - 305) 371 -2700 H1A. `RTA JAKARTA BRUSSELS FACSIMILE: (1-305)358-5744 SINGAPORE BUDAPEST . T ASHKENT HELSINKI TOKYO ISTANBUL LOIIOON MOSCOW MIDDLE EAST PARIS PRAGUC DIRECT DIAL. (305) 995 -5209 JEDDAH STOCKHOLM RIYADH WARSAW AFRICA LATIN AMERICA JOHANNESBURG MEXICO CITY July 31, 1996 Fiddler's Creek Community Development District Mr. James P. Ward, Assistant District* Manager G. L. Moyer, P.A. 10300 N. W. 11th Manor Coral Springs, FL 33071 Dear Mr. Ward: We have set forth below the terms of our engagement to act on behalf of Fiddler's Creek Community Development District (the "District ") as bond counsel in connection with the issuance by the District of the Series 1996 Special Assessment Revenue Bonds. The undersigned will be the partner in charge of this matter. We anticipate the primary attorneys working on. this matter will include James F. Hayden, Emilio J. Alvarez Farr6 and Jane A. Houk, and such other attorneys as time and experience may require. Our fees for the representation of the District in such matter will be a fixed fee of $90,000. Our fee will be due in full at the closing of the transaction. In addition, you will reimburse us for office costs and out -of- pocket expenses customarily billed by us, including but not limited to charges for photocopying, courier service, facsimile, travel and word processing. We reserve the right to cease our representation of the District should it fail to make any of the above payments when due. A 000019z9.w51 166 WHITE S CASE Fiddler's Creek Community Development District Page 2 It is understood that the scope of our engagement does not include providing any services involving the commencement of litigation, and that should the District desire to commence litigation, or to defend any litigation which is brought against it, and should the District desire to retain us to assist it, a separate mutually satisfactory fee arrangement must be made between the District and us prior to our rendering any such services. You have the right to discharge us for any reason at any time upon the giving of reasonable notice. If we are discharged, the amount equal to our accrued fees at our standard hourly rates, but not in excess of $100,000, plus our accrued costs and expenses, will be due and payable within 30 days of such discharge and we will be entitled to hold our files until we are paid. We also have the right to withdraw from representing the District in the following circumstances, upon giving you reasonable notice to secure other counsel: • a. If available evidence discloses that the positions the District wishes us to assert lack factual or legal merit; b. If the District fails to cooperate in the work necessary to protect its interest, or otherwise breaches this agreement; C. If for professional or ethical reasons we cannot proceed with representation of the District. If we elect to withdraw (a) the District will take all steps necessary to free us of any obligations to perform further', including the execution of any documents necessary to complete our withdrawal; and (b) pay the outstanding fees and expenses as agreed. To the extent any costs or expenses have been paid or incurred by us which the District has not paid, we will be entitled to prompt reimbursement of such costs or expenses. 000019Z9.W51 16G WHITE S CASE , Y' .. Fiddler's Creek Community Development District Page 3 If the foregoing accurately reflects the District's understanding of the terms of our engagement, we would appreciate your so indicating by signing and returning to us.the enclosed copy of this letter. We look forward to working with you. Sincerely, K. Lawrence Gragg KLG: ER AGREED: FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT By: ames �ar�dDis!=rictanager Date: 000019Z9.W51 I6G �# 1lo,B 16G Statement of Qualifications and Experience to Fiddlers Creek Community Development District • 0 16G William R. Hough ` &.� . WILLIAM J. REAGAN ' 1100 FIFTH AVENUE SOUTH August 12, 1996 SUITE 201.7 NAPLES. FLORIOA 33940.6407 (941) 649.6077 FAX:(941) 649.6217 Jamcs Ward District Manager Fiddlers.Ctreek Community Development District 10300 NXtieventh Manor Coral Springs, Florida 33071 Dear Jim: We are pleased to provide you with a stateMent of our qualifications and experience as an underwriter of tax - exempt securities. William R. Hough & Co. provides the best possible blend of experience, commitment, structuring and marketing expertise for the District's financing needs. For over 34 years, the Firm has built a reputation for aggressive pricing and inriovative financing techniques. We look forward to the opportunity to put this experience and commitment to work for the District. Leading Southeast Underwriter: Since 1985, William R. Hough & Co. has served as investment banker on 846 financings totalling over S34 billion for Florida issuers, comprising all aspects of both long and short term Financing. In 1995, William R. Hough & Co. cont to lead the way by serving as senior managing underwriter on 58 negotiated issues totalling over SLI billion in Florida. This total number of issues enabled us to outdistance our nearest competitor by 31 issues. For the first half of 1996, the firm ranks fourth in the Southeast as senior managing underwriter in terms of number of issues, and 13th in the nation in terms of par amount. These investment banking clients include over 40 issuing bodies, encompassing every type of capital improvement project. Through this universal experience, the public finance professionals at William R. Hough & Co. have gained a thorough knowledge of the various areas of finance specific to governmental entities. Special Assessment Experience: William R. Hough & Co. has extensive experience in structuring special assessment transactions for local governments and is well equipped to assist the District in developing the most effective financing plan. Our significant special assessment experience (rated and non - rated) has involved a wide rang of financing structures and has provided our professionals with a strong knowledge of all financing alternatives. We have structured, developed and utilized all forms of special assessment bond structures, such as non - rated, corporate guarantee, rated, insured and letter of credit. Our professionals have a close working relationship with the rating agencies and credit enhancers and have introduced new credit enhancement providers (Asset Guaranty) to the special assessment market. Familiarity with Developer Needs: During the past two years we have worked closely in structuring various financing scenarios to provide flexibility at the lowest possible cost of borrowing to the development. Because of our extensive experience in underwriting special assessments and our understanding of the immediate and long -term objectives of the developer, we are able to provide the District timely and meaningful advice. Market Awareness: William R. Hough & Co.'s combined retail and institutional distribution capabilities, together with our position as the-leading underwriter and secondary market maker for municipal bonds, provide us with an unmatched knowledge of the potential market for the District's bonds. In addition, our underwriting staff has consistently proven that it.i4 the most aggressive in the State in the marketing of Florida municipal bonds at the lowest possible interest rotes'. In 1995, William R. Hough & Co. purchased, as book - running senior manager, almost 50% of the Florida municipalbond issues offered at competitive sale, far outdistancing our closest competition. This record will enable us to help the District realize the lowest possible interest cost for any financing undertaken. During the past two years, William R. Hough & Co. has been actively expanding our underwriting business by aggressively bidding at competitive sales on issues outside of Florida. The Firm STATE. COUNTY AND MUNICIPAL BONDS 16G is a registered broker - dealer in all 50 states and the District of Columbia and our institutional account coverage rivals that of any Wall Strect firm. Technical undStrucruringAhility: William R. Hough & Co. has sophisticated computer modeling capability and the most experienced technical structuring staff in the State of Florida. Our computer professionals have combined municipal finance experience of more than 40 years. This experience has enabled us to stay on the cutting edge of the evolution of various financing structures as legal and market conditions have changed, and has directly resulted in our firm's development of many innovative financing structures for our clients. This expertise will be used to provide the District the most innovative and cost effective financing strategies possible. Service, Commi[ment and Location: With banking offices located in Naples, William R. Hough & Co. offers the District a level of service and commitment which no other firms can match. Our firm's sole corporate mission for over 34 years has been to provide Financial advisory and underwriting services to local governments; as such, our commitment to municipal investment banking is absolute. In fact, no other national or regional ,firm has made such an extensive commitment of resources to municipal issuers. Additionally, William R. Hough & Co. has consistently been the leading municipal underwriter headquartered in the Southeastern United States, even though the majority of the Firm's business has been in Florida. Because we believe our public finance structuring, municipal bond distribution, and willingness to commit capital equal to or exceeding that of any firm in the country, we believe we can add value to the Financing needs of the District. William R. Hough & Co. is excited about the prospect of working with the District as it meets its financing needs. We have earned an excellent reputation in our abilities as investment bankers and believe our strength in this area is documented by the extensive amount of repeat business we have done for clients. Our resources are truly significant and we'look forward to putting them to work on behalf of the District. Sincerely, WILLIAM R. HOUGH & CO • William J. Reagan �--- Senior Vice President Proposal to Act as Underwriter ' to the Fiddlers Creek Community Development District Table of Contents Section Topic A Professionals B Experience C References M 16G PROFESSIONALS William R. Hough & Co. has committed a team of six individuals to the District with three assuming primary responsibility for the successful completion of the transaction. Collectively, these primary bankers have extensive experience working with special assessment bonds (rated and non - rated), tax - exempt bonds and various financing structures for transportation issues. These individuals will be supported by all the resources of the Firm. William'R. Hough & Co.'s quantitative analysis department, one of the strongest in the nation, will be Used to analyze various financing structures in relationship to current market conditions. The underwriting and variable rate department will provide up -to -date marketing and pricing information and will be responsible for obtaining the lowest possible yield on the District's debt. For your assistance, we have provided 'an organizational chart establishing a role for each professional assigned to the financing. William J. Reagan, a senior banker based in the Firm's Naples, Florida office, will serve as the lead banker for the team. Mr. Reagan will be supported by Edwin Bulleit, a senior banker and by Julie Santamaria for day - to-day support. Candace Mortenson will provide technical and computer analysis. Scott G. Johnston, the Firm's senior underwriter, will provide pricing and marketing information along with William Junker, the head of Institutional Sales. All of these professionals will be available to serve the District on a full -time basis. Edwin M. Bulk" Senior Vice President ! I Project Support L Scott Johnston i Senior Vice President IPricing/Marketing :0 Ml4UY._DEVEOPMENT DISTRICT 'William J. Reagan Julie Santamaria 1 Senior Vike President I Assistant Vice President "Primarx.Contact Project Support --r-- t — ____ _ t Candace L. Mortcnson j Senior Vice President Quantative Analysis William P. Junker Senior Vice President Institutional Sales 16G 166 William J. Reagan 1100 Fifth Avenue South, Suite 201 -7 Senior Vice President Naples, Florida 33940 -6407 Public Finance Department (941) 649 -6077 William J. Reagan, based in the Firm's Naples office, will serve as the lead banker and primary contact with the District. In this capacity, he will be primarily responsible for working with the District staff, its bond counsel and its financial advisor in properly structuring the financing. For over a decade, Mr. Reagan has specialized in non -rated special assessment bond issues for start -up development projects. To successfully provide financing for large special assessment projects, he has worked extensively with developers, rating agencies and investors. Mr. Reagan joined William R. Hough & Co. ip 1996, bringing more than a decade of public finance experience. Mr. Reagan opened the Firm's Naples, Florida, public finance office. Mr. Reagan has served as senior manager or financial advisor for over $3.0 billion of municipal financings. His experience as lead banker includes solid waste, resource recovery, water /sewer, transportation, special assessments and certificates of participation. In addition to his general government experience, Mr. Reagan has developed financing structures for difficult credits, such as community development districts and special assessment districts. Mr. Reagan's previous work experience includes 14 years in Florida local government, including ten years as Clerk/Comptroller of Collier County, Florida. Mr. Reagan earned a B.A. in political science from St. Leo's College and is a NASD registered municipal securities representative. Edwin M. Bulleit Senior Vice President Public Finance Department 100 Second Avenue South, Suite 800 St. Petersburg, Florida 33701 Phone: (813) 895 -8880 Mr. Bulleit will be available-on a daily basis to assist the District in connection with its financing. Since joining William R. Hough & Co..irr 1986, Mr. Bulleit has worked with numerous issuers to structure special assessment bond issues. He would support Mr. Reagan in all aspects of the financing, including structuring the financing, review and develop documentation, and communicate with rating agencies, insurers and potential institutional investors. - Mr. Bulleit holds a B.B.A. in Accounting from the University of Notre Dame, and a M.B.A. from the University of Tampa. Mr. Bulleit is a C.P.A., a NASD Registered G:sneral Securities Representative, and a member of the Florida Institute of Certified Public Accountants. Prior to joining the Firm, Mr. Bulleit was a Certified Public Accountant with Ernst & Whinney. His responsibilities included planning, reviewing and evaluating audit and tax work in both the health care and private sector industries. Julie Santamaria Assistant Vice President Public Finance Department 225 East Robinson Street, Suite 465 Orlando, Florida 32801 (407) 422 -5161 Julie Santamaria joined William R. Hough & Co. in 1993 in our Orlando Office. Prior to joining the Public Finance Department, she worked in the Firm's Municipal Sales Department as an Account Executive advising retail clients and marketing new debt issues. In 1995, she accepted a position in our Public Finance Department to coordinate and expand public finance activities in the central Florida region. Her responsibilities include the quantitative and qualitative analysis of municipalities' outstanding debt and future financing needs and client development throughout central Florida. Ms. Santamaria bolds a B.S. in Psychology from the University of Florida and is a NASD Registered General Securities Representative. 16 Candace L. Mortenson Senior Vice President Public Finance Department 100 Second Avenue South, Suite 800 St. Petersburg, Florida 33701 (813) 895 -8880 Ms. Mortenson will have primary responsibility for providing all of the quantitative analysis for the District's transaction. She also will lead the Firm's effort in structuring various investment strategies that would be beneficial'to the District. Ms. Mortenson has been with William R. Hough & Co. since 1982. She is responsible for structuring preliminary and final refundings of invested sinking fund bond issues, net defeasance involving open market escrows, combination SLGS and open market escrows, refunding and fixed rate conversions of variable rate issues, as well as developing cash flow analyses of new money bond issues. Ms. Mortenson has been responsible for structuring and computer modeling ofovcrS4 billion in new money and refunding bond issues. She is involved in the National Association of Bond Lawyers, attending bi- annual conferences to remain current in all areas of tax law relative to the issuance of tax- exempt and taxable bonds, including investment of bond proceeds, treatment of discounts and insurance premiums, float sales and guaranteed investment contracts. Ms. Mortenson has a BS in Education from the University of Minnesota. She has completed coursework at the University of South Florida in Business and Finance and is a NASD Registered Municipal Securities Representative. Scott G. Johnston Senior Vice President Underwriting/Trading /Sales Department 100 Second Avenue South, Suite 800 St. Petersburg, Florida 33701 (813) 895 -8830 Mr. Johnston will be responsible for coordinating the marketing, underwriting and distribution of the District's bonds. regardless of the bonds being enhanced or non - rated. Mr. Johnston manages the Firm's municipal underwriting desk. Mr. Johnston is'recognized as one of the leading underwriters in the country and is the senior underwriter in Florida, having more experience than any other underwriter located in Florida. He has been involved as managing underwriter in many large bond issues, including syndicates comprised of numerous investment banking firms, and is responsible for managing an average daily bond inventory of $40 to S60 million. Mr. Johnston deals in every type of tax- exempt bond, including bonds issued by municipalities, counties, school districts and authorities. Because of his daily contact with all sectors of the bond market, he is thoroughly knowledgeable about market conditions and demand for specific kinds of securities. As the senior underwriter in the State, other firms consistently seek his opinions on pricing levels of Florida bonds at their initial marketing. Mr. Johnston holds a B.A. degree in economics from Tulane University, New Orleans, Louisiana. He has been actively involved in the underwriting, trading and selling of municipal bonds for over sixteen years. He is also a NASD Registered General Securities Representative, Registered General Securities Principal, Registered Municipal Securities Principal and Registered Municipal Securities Representative. William P. Junker, Senior Vice President Director of Institutional Sales Phone: (813) 895 -8800 100 Second Avenue South, Suite 800 St. Petersburg, Florida 33701 FAX: (813) 895 -8886 Mr. Junker has fifteen years in institutional municipal sales. Prior to joining William R. Hough & Co. 16G in May 1989 he spent the previous nine years marketing municipals to institutions for major New York based firms. His knowledge of the major institutional accounts and their buying philosophies are vital in the pricing and distribution of our municipal underwritings, and assist Hougli in structuring and marketing ne%v issues at very aggressive rates. Mr. Junker holds a B.A. degree in finance from Pace University, New York, New York. He is an NASD Registered General Securities Representative, a Registered Municipal Securities Principal, and a Registered Municipal Securities Representative. SPECIAL ASSESSMENT EXPERIENCE The professionals at William R. Hough & Co. have a tremendous amount of experience in special assessment financing, positioning the Firm as a premier managing underwriter of complex special assessment bonds. Special assessment financings are among the most difficult transactions for governmental entities due to the complexity of the special assessment levy process and remedy in the event of non - payment. The Firm has designed cash flow analyses specifically tailored to take into account prepayment options, administration fees, tax collector fees, and any discounted payment assumptions. Below is a listing of special assessment financings where Mr. Reagan served as lead banker. Issue Size Issue Name Role Credit Enhance»sent 514,720,000 Pelican Marsh Community Development District Special Senior Manager None Assessment Revenue Bonds, Series 1994 22,270,000 East County Water Control District Water Management Senior Manager Asset Guaranty Consolidated Refunding Bonds. Series 1994 10,000,000 Pelican Marsh Community Development District Special Senior Manager Corporate Guaranty Assessment Revenue BANS, Series 1993 1,740,000 Lcly Community Development District Special Assessment Senior Manager None Revenue Bonds, Series 1993A 12,085,000 Lcly Community Development District Special Assessment Senior Manager None Revenue Bonds, Series 1993B 14,460,000 Key Marco Community Development District Special Senior Manager None Assessment Revenue Bonds, Series 1992 31,715,000 Lely Community Development District Collier County , Florida Senior Manger None Special Assessmcni.Revenue Bonds, Series 1991 14,855,000 East County Water Control District, Lee County, Florida Senior Manger AMBAC Case Study - S14,400,000 Key Marco Community Development District Non -Rated Special Assessment Bonds, Series 1993: Mr. Reagan served as the lead banker for this financing. The development is a barrier island off the west coast of Florida of approximately 174 acres, of which 104 will be developed. Before development could commence, a bridge connecting the island to the mainland needed to be constructed. The District issued a special assessment bond secured only be special assessment levy on the island for the bridge and other infrastructure for the island. The transaction was also unique in that it created the perception of greater risk due to the unusually high assessment debt per unit. The island will be limited to 134 single - family unites. The average price per,lot was $425,000. Case Study - S31,71S,W Lefy Community Development District Non -Rated Special Assessment Bonds, Series 1991: Mr. Reagan served as lead banker for this transaction. Lely encompasses approximately 3,000 acres of raw land and is planned for over 5,000 residential units. Mr. Reagan was responsible for assembling the financing team, structuring the issue and working with the underwriter in the marketing of the transaction. This transaction was exceptionally difficult because of its size and foreign ownership of the land. Mr. Reagan developed a plan of finance, negotiated the terms and was successful in the sale to a single institutional buyer. 166 16G This financing is significant in that it represents the largest single non -rated community development district financing in the state of Florida. - . Case Study - 517,335,000 Collier County, Florida Pine Ridge Industrial Park and Naples Production Park Municipal Service Taxing and Benefit Units Special Assessment Bonds, Series 1993: William R. Hough & Co. was hired as Senior Managing Underwriter for this bond issue in August of 1993 after the bonds had been turned down by Moody's Investors Services for a rating. Based upon our initial analysis we felt that these bonds were investment grade quality and proceeded to work with Standard & Poor's to obtain a rating for these bonds. We made a physical site visit to the assessment area and found that there was very little vacant property and the businesses located in the business parks were very diversified. This, coupled with the countless hours we spent explaining and educating Standard & Poor's as to the strength of the cash flows which we had put together using our own customized pinputer software, enabled us to secure a BBB rating for the County's bonds, resulting in lower assessments than were originally expected for this area. We had obtained extensive information on each parcel and were able to answer all of the rating agency's questions giving them comfort as to the security of this issue. The bonds were sold successfully September 14, 1993. Since 1985, William R. Hough & Co. has served as underwriter on 54 special assessment Issues, totalling in excess of $638 million par amount. These issues include insured, rated and unrated issues, encompassing virtually every type of infrastructure improvement: roads, water, wastewater, drainage, street lights and most recently, school facilities. A listing of our most recent special assessment transactions appear below. Special Assessment Financing Experience Sale Date Issue Size Issue Name l Rote I Credit Support 2/9/93 5,585,000 Northern Palm Beach County Water Control District Water Co- Manager None ControtAmprovement Bonds, Unit of Develop. No. 18, Program Two, Series 1993 4/7/93 9,040.000 Nonhcm Palm Beach County Water Control District Water Control Co- Manager None and Improvement Refunding Bonds, Unit of Devl. 031, Prog. One, Series 1993 417/93 7,170,000 Northern Palm Beach County Water Control District Water Control Co- Managcr None and Improvement Bonds, Unit of Devi. 031, Prog. Two, Series 1993 6123/93 6,595,000 Dade County, Florida Special Assessment Revenue Bonds (Various Co- Manager FSA Purpose Improvement Projects), Series 1993A 9114/93 17,335,000 Collier County, Florida Pine Ridge Indus. Park and Naples Prod. Park Senior Manager None Municipal Scrvice Taxing/Benefit Units Special Asess.Bonds 11/3/93 34.430,000 City of Miramar, Florida Water Improvement Assessment Bonds, Solc Manager FGIC Series 1993 6/7194 2,370,000 Martin County, Florida Combined Special Assessment Bonds, Series Financial Advisor None 1994 988/94 4,045,000 Northern Palm Beach County Water Control District Water Control Senior Manager None and Improvement Bonds, Unit of Dev No. 3A, Series 1994 Phase One 12/14/94 59,780,000 City of Miramar, Florida Wastewater Improvement Assessment Senior Manager FGIC Bonds, Scfics 1994 12/14194 13.400,000 City of Miramar, Florida Utility' Improvement Assessment Bonds, Senior Manager FGIC Series 1994 328/95 5,510,000 Marlin County, Florida Special Assessment Bonds, Series 1995 Financial Advisor None (Tropical Farms Water *& Sewer District) 16G 4/21/95 2,735,040 Volusia County, Florida Special Assessment Bonds, Series 1995 Sole Manager None (Bethune Beach Wastewater Project) 5116/95 3.770.000 Northern Palm Beach County Water Control District Water Control Senior Manager Asset Guaranty and Improvement Refunding Bonds Unit of Dev. No. 19, Series 1995 6113195 2,430,000 Walton County, Florida Special Assessment Revenue, Series 4995 Sole Manager None (Driftwood Estates Project) 7/7/95 16,600,000 City of Pembroke Pines, Florida Special Assessment School Sole Manager None Improvement Bonds, Series 1995 9/6/95 3,595,000 Nonhem Palm Beach County Improvement District (Formerly Co- Managcr None NPBCWCD) Unit of Dev 031, Program One, Series 1995 916/95 8,805,000 Northern Palm Beach County Improvement District (Formerly Co- Managcr None NPBCWCD) Unit of Dev 031, Program Two, Series 1995 9113!95 1,885,000 Nonhem Palm Beach County Improvement District (Formerly Senior Manager Asset Guaranty NPBCWCD) Refunding Unit of Dev 023, Series 1995 9/13195 8,470,000 Nonhcm Palm Beach County Improvement District (Formerly Senior Manager MBIA NPBCWCD) Refunding Unit of Dev 01 I, Series 1995 10/3/95 15,500,000 St. Lucie County, Florida Special Assessment Bonds, Series 1995 Senior Manager Asset Guaranty (South Hutchinson Island Wastewater System) 3128/96 7,960,000 Martin County, Florida Combined Special Assessment Bonds, Series Financial Advisor None 1996 4/11/96 8,210,000 City of Pon St. Lucie, Florida Special Assessment Bonds, Series Co- Manager PIBIA 1996A (Water and Sewer Extension Project) 6/12/96 5,360,000 Nonhcm Palm Beach County Improvement District Water Control Senior Manager None and Improvement Bonds, Unit of Development No. 5C, Series 1996 i• REFERENCES William R. Hough & Co. believes that its most valuable asset is the clients it serves: Over the Yea rS,''t tIe;Firm has served as underwriter or financial advisor to state, local and district governments throughout Florida. Listed below is a representative listing of clients we have served which we believe will be helpful in assessing our special assessment strengths. Mr. John Agnelli Former President and CEO Lely Development Corporation 2900 So. Horshoe Drive Naples, Florida 34104 (941) 434 -5888 Mr. James Reinders President Ronto Development Corporation 277 North Collier Blvd. Marco Island, Florida 34145 (941) 394 -5197 Mr. David Caldwell WCI, Inc. 28820 Burnt Pine Drive Bonita Springs, Florida 33923 (941) 947 -2600 1. 16G 86/97/96 16:13 To: Jim Ward FrocHank Fi:hkind, Ph.D. 1873623254 Page 215 16G 1.0 FINANCIAL ADVISORY AGREEMENT Scope of Work 1.1 Background The Fiddlers Creek Community Development District desires to retain a Financial Advisor to assist the District is all aspects of its capital improvement program and its finance. 1.2 Services To Be Provided Fishkind & Associates, Inc., as financial advisor (the "Financial Advisor ") to the District, shall provide all advice and financial services as necessary to assist the District in formulating its. financial goals and implementing the financial strategies required in order to meet those goals. Without limiting the generality of the foregoing, the services of the Financial Advisor shall include: a. Formulation of the District's assessment methodology or similar security for the debt. b. Assistance to the District in developing the financing plan for the District's funding of its infrastructure. C. Recommendations as to the appropriate financial structures for the proposed financings. d. Advice on terms and features of bonds, the timing of marketing of bond issues and the analysis of market conditions as they relate to bond sales. e. Assistance with the preparation of cash flow forecasts for proposed issues addressing debt service requirements and sources of funding. f. ' Assistance in the preparation of financing schedules, bond documents and official statements. g. Assistance in negotiations with the underwriter regarding the underwriter's gross spread (bond discount). h. Assistance with regard to any interim financing, if necessary or desirable. AUG 07 '96 16:21 4073823254 PAGF.02 68/87/96 16:13 To:Jim Ward frocHank Fishkind, Ph.D. 4673823254 Page 3/5 16G Advice to the District, if requested, on the selection of a trustee, paying agent and other financial intennediaries. j. Assistance in the proceedings for the validation of the District's bonds, the preparation of materials in support of validation. and determination of the validation amount. k. Assistance to the District with regard to the sale of its bonds by the underwriter, including an analysis of the proposed interest rate and other factors affecting the sale. Assistance with the District's bond cbskV. indt dtng ttie printing, signing and delivery of the District's bons and the transfers of moneys to the District by the under*nW M. Calculation of the preliminary and final assessment roll ar their equivalent. Development and maintenance of the District's lien book and assessment roll. GeneraOQn and submission of the District's tax roll to the appropriate local governmental authority. n. Attendance at all necessary meetings 2.0 Compensation 2.1 Fee The fee for financial advisory services is $25,000 for the first year. This fee is not contingent upon the issuance of any debt by the District. Future fees will be subject to negotiation between the Board and the Financial Advisor since the volume of future work for the Financial Advisor is unknown at this time. 2.2 Expenses Reasonable out -of- pocket expenses incurred by the Financial Advisor in the performance of his duties shall be billed and paid on a monthly basis in accordance with Chapter 112.061, F.S. 3.0 General Provisions 3.1 Financial Advisor Not to Participate As Underwriter The Financial Advisor is precluded from being an underwriter of any debt obligations issued by the District and shall not participate, in any manner, in the initial syndication for the issuance of any of the District's debt obligations. AUG 07 '96 16:22 4073823254 PAGE.03 08/87/96 1b:13 Io:Ji• Ward Frocilank Fishkind, Ph.D. 4873823254 Page 4/5 16G 3.2 Termination of Relationship Either party hereto shall have the right to terminate the relationship between the District and the Financial Advisor, at any time and for any reason whatsoever, upon providing, the other party with a minimum of sixty (60) days advance written notice of intention to terminate. The notice shall be mailed to the person and address specified for use in the giving of notice, in paragraph 3.5, hereof. Should the relationship be terminated, all work product produced by the Financial Advisor, to the date of termination, shall be the sole property of the District. The Financial Advisor's fee shall be prorated accordingly. Finally, the Financial Advisor shall be entitled to all expenses not reimbursed as of the date of termination. 3.3 Disclaimer of Financial Advisor The District acknowledges that the Financial Advisor is not an attorney and may not render legal advice or opinions. Although the Financial Advisor may participate in the accumulation of information necessary for use in documents required by the District in order to finalize any particular financing, such information shall be verified by the District as to its correctness; provided, however, that the District shall not be required to verify the correctness of any information originated by the Financial Advisor or the correctness of any information originated by the Financial Advisor which the Financial Advisor has used to formulate its opinions and advice given to the District. 3.4 Timebf The Essence The District and the Financial Advisor agree that time is of the essence and that the services of the Financial Advisor shall be performed expeditiously. 3.5 Term of This Agreement This agreement shall have a term of 10 years from the date of its execution. It may be renewed periodically by mutual agreement of the parties. AUG 07 • % 16:22 443731323'54 PACE . N 16G Preserving and enhancing rlorlda's quality of life sinco 1066 HOLE, MONIES & ASSOCIATES, INC. ENGINEERS PLANNERS SURVEYORS August 9, 1996 Mr. James Ward G. L. Moyer, P.A. 10300 NW Eleventh Manor Coral Springs, Florida 33071 Re: Fiddler's Creek Community Development District HMA File No. 93.13211 ' Dear Mr. Ward: At your request, we are submitting this proposal for general planning and engineering services related to the referenced project. - Our scope of work would be as follows: I . We will perform general planning and engineering services as requested. 2. We will attend Community Development District (CDD) board meetings as required. 3. We will assist in the preparation of the CDD capital program. We propose to perform the above services at an estimated fee not to exceed $10,000. We bill on or about the first ofeach month, Our fees are billed on the basis ofthe attached hourly rate schedule. We.expect payment within twenty days of invoicing. Our fees do not include application, review or permit fees. The fees quoted above are good for one year from the date of contract, after which Our rates are subject to increases. We look forward to beginning work bn this project with you. If you have any questions, please do not hesitate to give me a call. Sincerely, HOLE, MONTES & ASSOCIATES, INC. W. Ter Cole, P.E. Associate/Project Manager WTC /zan Attachment %m_7 I S\wpNI993\93132N%%Iciiv6OtC(Y).dx 715 TENTH STREET SOUTH POST OFFICE BOX 1586 NAPLES. FLonIDA 33930 613262 -4617 FAX 913262.3074 08/12/88 08: 23 TPI 911 282 3074 ROLE 1OMMS W002/002 16G HOLE, MONIES AND ASSOCIATES, INC. PROFESSIONAI. FEE SCHEDULE DATE: August 12, 1996 SUBMITTED TO: Mr. James Ward ENGINEER V (Principal) $125.00 per hour ENGINEER V $110.00 per hour ENGINEER IV $ 93.00 per hour ENGINEER III $ 75.00 per hour ENGINEER Il $ 65.00 per hour ENGINEER I $ 55.00 per hour ENGINEER TECH IV $ 60.00 per hour ENGINEER TECH III $ 55.00 per hour ENGINEER TECH II $ 50.00 per hour ENGINEER TECH I $ 40.00 per hour CONTRACT ADMINISTRATOR (Principal) $ 95.00 per hour CONTRACT ADMINISTRATOR (P.E.) $ 75.00 per hour CONTRAC 'r ADMINISTRATOR $ 55.00 per hour CONSTRUCTION FIELD REPRESENTATIVE III S 55.00 per hour CONSTRUCTION FIELD REPRESENTATIVE II S 45.00 per hour CONSTRUCTION FIELD REPRESENTATIVE I S 35.00 per hour PLANNER IV $ 95.00 per hour PLANNER III S 70.00 per hour PLANNER I1 $ 60.00 per hour PLANNER I $ 45.00 per hour SURVEYOR V $ 85.00 per hour SURVEYOR IV $ 65.00 per hour SURVEYOR III $ 55.00 per hour SURVEY TECII IV $ 55.00 per hour SURVEY TECH III $ 50.00 per hour SURVEY TECH II $ 45.00 per hour SURVEY TECH I $ 40.00 per hour 2 MAN SURVEY CREW $ 80.00 per hour 3 MAN SURVEY CREW S 95.00 per hour TECHNICIAN III $ 38.00 per hour TECHNICIAN II $ 30.00 per hour TECHNICIAN I $ 25.00 per hour SUBCONTRACTORS Cost + 15% OUT -OF- POCKET EXPENSES Cost '- 15% MILEAGE $ .30 per mile CONCRETE MONUMENTS $ 10.00 each PERMANENT REFERENCE MONUMENTS S 10.00 each This Fee Schedule is effective for one year from date of the LETTER AGREEMENT. wA2200bofriw &dmWAr■tionVownrVooasdi AW 12 196 0628 1 941 262 3074 PAGE. 02 r- a ENGINEER'S REPORT FOR THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT PREPARED FOR: BOARD OF SUPERVISORS FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT ENGINEERS: HOLE, MONTES & ASSOCIATES 715 10"' STREET SOUTH NAPLES, FLORIDA 34102 FINANCIAL ADVISOR: FISHKIND AND ASSOCIATES 2424 RESEARCH PARKWAY, SUITE 275 ORLANDO, FLORIDA 32826 JULY, 1996 16G - i c 4 r' i 4. TABLE OF CONTENTS SECTION PAGE NO, 1. INTRODUCTION 1 2. DISTRICT BOUNDARY AND PROPERTIES SERVED 5 3. PROPOSED DISTRICT INFRASTRUCTURE 10 4. OPINION OF PROBABLE CONSTRUCTION COSTS 15 5. PERMITS 26 TABLES TABLE 1 - LAND USE SUMMARY 3 TABLE 2 - SUMMARY OF OPINION OF PROBABLE COSTS FOR THE DISTRICT INFRASTRUCTURE 16 TABLE 3 - DESCRIPTION OF DISTRICT INFRASTRUCTURE COMPONENTS AND OPINION OF PROBABLE COSTS 17 -4 EXHIBIT 1 - LOCATION MAP 2 EXHIBIT 2 - DISTRICT BOUNDARY AND PROPERTIES SERVED 6 EXHIBIT 3 - PUD ZONING AND CURRENT CONSTRUCTION 7 APPENDIX "A" 27 16G 16G 1. INTRODUCTION 1.1 Description of the Fiddler':Creek Community Fiddler's Creek is a proposed 1,389.77 acre residential community located in ` Naples, Florida within Collier County, Florida (See Location Map- Exhibit 1). The community will be fully amenitized and will offer a maximum of 6,000 residential units including single- family detached, patio and zero lot line, duplexes, single - family attached and townhouse, and multi- family dwellings; commercial areas; two 18 -hole golf courses; a stormwater management system; wetland preserves; full utility infrastructure; landscaped roadways; gated entries; and landscaped perimeter berms. A land use summary is shown in Table 1. A Community Development District (herein called the "District ") is proposed for Fiddler's Creek to construct, operate, and maintain the necessary infrastructure to service the community. C r The community will be developed in phases in response to market demands. Five phases of major infrastructure construction are anticipated. Construction of Phase 1 began in December 1995 and consists of infrastructure to support approximately 1,100 residential units, exotic removal, and excavation of a portion of Fiddler's Creek which will be a marsh buffer and spreader swale system. Phases of subsequent construction will continue through year 2003 when the community is expected to be completed. The expected phasing is as follows: PHASE EXPECTED YEAR OF COMPLETION 1 _ 1997 2 1998 3 1998 4 2002 5 2003 H 1n W E a v 0 N (0 0) M to X W N in 16G ,gum COLLIE COU VT 1 •• •,•• Lm .x W ' J (j �I N FIDDLER'S CREEK ' COMMUNITY DEVELOPMENT DISTRICT Maiacw rn MONTE$ & ASSOCIATES R 7 W.T.C. F""CI M. •x132 °i ��_HOLE • 'LAwRa-lkmvWY0R* LOCATION MAP °t"", r '° �,1 . am Doom — rmmd 715 101h Slno1 S., Hoptos,'FL 33939 — Phone : (961) 262 -4817 5/96 1 � 7 TABLE I LAND USE SUMMARY 16G '40 3 c r- i t� y. t 'i i r-• f l t i i �Y 1.2 Purpose and Scope of the Report The purpose of this report to provide a description of the Fiddler's Creek community and the District which will serve the community; the capital improvements to be constructed and financed by the District; and an apportionment of the costs for the capital improvements, and their operation and maintenance. The financing and assessment methodology will be developed by the District's financial advisor. a 16G•o 16G 2. DISTRICT BOUNDARIES AND PROPERTIES SERVED •2.1 District Boundaries . Exhibit 2 delineates the proposed boundaries of the District. The District is k surrounded by residential, preserve, agricultural, public and undeveloped land uses including U.S. 41 to the north; Imperial Wilderness Mobile Home Park and agricultural uses'to the east; state preserve lands to the south; State Road r• 951, Port-Au- Prince and Woodlake Mobile Home Parks to the west; and undeveloped and public lands to the northwest. 2.2 Description of Properties Served The District is located in Sections 11, 14, 15, 22, 23 and 24, Township 51 : South, Range 26 East, Collier County, Florida. The District boundaries are under the ownership of 951 Land Holdings Joint Venture. f The existing land within the'District consists of fallow agricultural fields, wetlands, and forested open space. The terrain is flat with elevations ranging from 1 to 6 feet NGVD. Ground water is generally located at or above the surface to one foot below natural grade during the rainy season. During the dry season water table elevations may drop 2 to 3 feet. f r i The entire property within the District is zoned "Planned Unit L r Development "(PUD) and is depicted as such on Exhibit 3. I. 1. • Ir— ,, 5 Ar N 4, x, "&2- c U 0 LL- -j 0 O z D L/) LLJ (y- 0 16G 15W LA- 0 Z �7- D mug 0 cc Lo iL 0 oo 0 V) L) Li X q: (A i LAJ 0 0 C) CL Lj- 0 J-R 0 ne c 51Z C) 2 (D I Q1 0 mz L96 GV08 31VIS x Ld C14 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT L F- cmccKm w W.T.C- P001*0 93.132 fm "ft x ��PAONTZE� AND L&J PROPERTIES SERVED jrf w 3132DM QQJ Lii D"m - ima r� 6/96 04 0) rn cn Ar N 4, x, "&2- c U 0 LL- -j 0 O z D L/) LLJ (y- 0 16G 15W LA- 0 Z �7- D mug 0 cc Lo iL 0 oo 0 V) L) Li X q: i LAJ 0 0 C) Lj- 0 J-R 0 ne c 51Z C) 2 0 mz L96 GV08 31VIS FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT OL_F 8 & ASSOCIATEs W�kjL - HiMem DISTRICT BOUNDARY cmccKm w W.T.C- P001*0 93.132 fm "ft ��PAONTZE� AND 715 $01h Sk'**i S.. Hop6m. FL 33939 - Phone : (941) 262-4617 PROPERTIES SERVED jrf w 3132DM but D"m - ima 6/96 2 e a 0 C0=:4CllK4 N:3 :3 AN0441I.T. 1AIII &'IIwmol:&Tj :lxol M1 ::krr FI) Mk o ff t4T 715 101A StrnN 5.. r~ 16G 2.3 Existing Infrastructure The District is located within the Collier County Water -Sewer District which will provide water, wastewater and irrigation water services to the project. The Collier County Board of County Commissioners serve as Ex- Officio governing board of the Collier County Water -Sewer District. Potable water for the project will be provided by connection to and extension of existing County Water -Sewer District water mains. There are existing water mains located along U.S.41 to the north, State Road 951 to the west, and existing Championship Drive and Marriott Club Drive within the District. The mains range from S to 12 inches in diameter. Potable water will be provided by the Collier County Regional Water System. Wastewater from the community will be collected within the site and i transported by force main to Master Pump Station 3.16 of the Collier County Water -Sewer District. The wastewater is then pumped via force main to the South County Regional Wastewater Treatment Facility. t Irrigation water service will ultimately be provided by the County Water -Sewer r District as reclaimed water becomes available from the South County Regional Wastewater Treatment Facility and from the proposed stormwater irrigation utility. Until the County Water -Sewer District is able to provide adequate reclaimed water from theSbuth County Regional Wastewater Treatment Facility (and ; if necessary in the future, to supplement the service), on -site :� 8 r. i i i. 1. irrigation water storage and pumping facilities will also be provided by the District. The District is located within the McIlvane Bay watershed. Existing runoff from the District flows overland to state preserve lands to the south. The preserve lands discharge into McIlvane Bay which is a tidal system. The District is adjacent to two major roadway arterials including U.S.41 to the north and State Road 951 to the west. The District will have three major connections to these arterials. The District is located within the franchise areas of Florida Power and Light, and Sprint United Telephone Service. Cable service is available from a number of qualified suppliers. These.utilities are expected to provide electrical power, telephone service, and television cable to the District. In summary, all utilities are available to the property or will be during the development of the infrastructure. E 16G -1 r' t fi i i r I r' i' c r 3. PROPOSED DISTRICT INFRASTRUCTURE 3.1 Summary of the propond District infrastructure The District infrastructure will generally consist of the following: • Roadways • Utilities • Earthwork and Clearing • Stormwater Management • Roadway Lighting • Landscaping • Security • Wetland Mitigation and Monitoring • Off -Site Improvements 3.2 Roadways The roadways within the District will consist of 2 -lane undivided and 4 -lane divided sections. The roadways will serve the various land uses within the District and will connect to existing public roadways which border the District. The roadways will be constructed within platted rights -of -way. It is currently estimated that 11 miles of roadway will be constructed. The roadways will be constructed of stabilized subgrade, limerock base, asphalt paving, curbing, sidewalks, bike paths, signage, and striping. The roadways will also include landscaping and street lighting which are described in subsequent sections. The roadways will be designed and constructed in accordance with appropriate Collier County and PUD Standards. 10 16G w 16G ' 4 1 3.3 Utilities The utilities within the District will consist of potable water, wastewater and irrigation systems which will be designed and constructed in accordance with appropriate Collier County Water -Sewer District and Florida Department of Environmental Protection standards. It is anticipated these facilities will be conveyed by the District to the Collier County Water -Sewer District by the District for ownership, operation, and maintenance after completion of construction. The potable water facilities will include distribution mains with required valving, fire hydrants and water services to individual lots and development tracts. Connections to the existing County system will be made at State Road 951 to the west, U.S.41 to the north, and to the existing water main along Championship Drive within the project. It is currently estimated that 52,500 lineal feet of water main will be constructed. The wastewater facilities will include gravity collection mains with individual lot sewer services, collection system pump stations, and force mains to connect to the existing Collier County system at Master Pump t Station 3.16 which is located in the northwestern extremity of the ,-- development. It is currently estimated that 17,000 lineal feet of gravity collection system, 42,000 lineal feet of force main, and 12 pumping stations f- will be constructed. l.. The irrigation system w {ll include irrigation water storage lakes in which �- water from on -site lakes and/or reclaimed water can be stored; an irrigation L. . " � 11 16G l. pumping facility; and irrigation transmission/distribution mains with services for lots and development parcels. Initially on -site lakes will be used as an irrigation source until reclaimed water - stormwater becomes available. The irrigation pumping facility will deliver irrigation water to users within the District. It is estimated that 55,000 lineal feet of irrigation 'w r transmission/distribution main will be constructed. r- 3.4 Earthwork and Clearing Stormwater. management lakes within the District will be excavated and the material will be used for fill of roadways, perimeter berms, golf course construction and development tracts. It is necessary to fill these components to provide minimum finished elevations for typical storm events and flood protection. The lakes will be excavated in accordance with the size and depth requirements of Collier County, South Florida Water Management District r and the Deltona Settlement Agreement. Approximately 270 acres of lakes will be excavated resulting in 6.2 million cubic yards of fill which will be used to complete roadways, berms, development tracts and the golf course. 1. 3.5 Stormwater Management The District stormwater management system will consist of excavated stormwater management lakes, drainage pipes, catch basins, swales, berms r and water control structures. Stormwater runoff from the areas within the �.. District will be collected and transported to the stormwater management Clakes for water quality treatment and water quantity storage. The 12 r r- stormwater will discharge from water control structures to spreader swales which will discharge into preserve areas to the south. The stormwater management system will be designed in accordance with South Florida Water Management District standards for water quality treatment, water quantity storage and flood protection. 3.6 Roadway Lighting Street lighting will be constructed along the roadways within the District. - Lighting poles will be spaced approximately every 200 feet along the 4 -lane sections and every 150 feet along the 2 -lane sections. It is currently estimated that 300 poles will be installed. Single or double luminaries will be installed as required. 3.7 Landscaping Landscaping will be provided for the roadways, perimeter berms, and District entrances. The landscaping will consist of sod, annual flowers, shrubs, ground cover, littoral plants, and trees. Existing native vegetation will be worked into the landscape plan where possible. I 3.8 Security Security for the District will be provided with guardhouses at the main entrances, perimeter berms, walls and fences, and electronic security. The L. manned guardhouses will control access to and through the District. The community will be further secured by a combination of perimeter berms, walls, and fences. These. facilities will all be landscaped to blend into the environment. Special facilities such as remote security cameras and sensors ly 13 16G~ -r may be utilized in the most exclusive areas to alert District security personnel to unauthorized entry.' ,-. 3.9 Wetland Mitigation and Monitoring The Wetland mitigation within the District will consist of the construction and planting of aquatic littoral zones, removal of exotic plant species and enhancement of wetland hydroperiods within the wetland preserves and wildlife management area. r" 't r l r I L 3.10 Off -Site Improvements Off -site improvements will include the construction of turning lanes, and signalization at State Road 951 to the west and U.S.41 to the north. 14 16G I 16G r I 4. OPINION OF PROBABLE CONSTRUCTION COSTS Table 2 presents a summary of the totals of probable costs for the District infrastructure. A• portion of the infrastructure will be financed by the Developer with the remaining infrastructure to be financed by the District. i Table 3 provides opinions of probable costs for the individual components of the District infrastructure for roadways; utilities (water, wastewater, and irrigation); earthwork and clearing; stormwater management; roadway lighting; landscaping; Security; wetland mitigation and monitoring; and off -site improvements. The sub -total cost in each category includes an opinion of cost with a 15 percent contingency. The Phase 1 cost is in 1996 dollars. The costs for Phases 2 -5 contain an annual inflation factor of 5% from 1996 dollars to date of completion (inflation. figure provided by Fishkind & Associates). 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N N x 0 N th co L IA Ito 1 0 000 o O o 0 Nt Q op N LO Lr) 1A co < IA 0 (A O O O O O LO d N m L a-1 I O O O O V) w v co rL ; M O O O O CD :` f` N O N T cc a O O O O N 4A a O O O O ° C C ° O O T LO Ln <D T (D n r- Ln M w `° 4n w F- D U W Z O QH W _ N � U W N_ ui Y U Q io � CA Q U) 0 16G M N rn m n. N N x 0 N th co L IA 000016W1.W51 16G W &C Draft 7/18/96 MASTER TRUST INDENTURE FIDDL'ER'S CREEK COMMUNITY DEVELOPMENT DISTRICT TO , AS TRUSTEE Dated-as of 1996 9 4 16G TABLE OF CONTENTS This Table of Contents is incorporated herein for ease of reference only as shall not be deemed a part of the Master Trust Indenture. ARTICLE I - DEFINITIONS . . . . . . . . . . . . . . . . 4 ARTICLE II - THE BONDS . . ,. . , . . 15 Section 2.1 Issuance of Bonds . . . . . . . . . 15 Section 2.2 General Terms of Bonds . . . . . . 15 Section 2.3 Denomination, Authentication and Section 5.4 Series ' Dating.of'Bonds . . . . . . . . . . 17 Section 2.4 Execution and Form of Bonds . . . . 18 Section 2.5 Registratibn, Transfer and Series Rebate Account . . . . . 29 Exchange .. . . . . . . . . . . . . 19 Section 2.6 Temporary "Bonds . . . . . . . . . . 20 Section 2.7 Mutilated, Defaced, Destroyed, Lost and Stolen Bonds . . . . . . . 20 Section 2.8, Cancellation . . . . . . . . . . . 21 4 ARTICLE III - REDEMPTION OF BONDS 22 Section 3.1 Redemption Generally . . . . . . . 22 Section 3.2. Bonds Redeemed in Part . . . . . . 22 Section 3.3 Notice of Redemption; Procedure for Selection 22 Section 3.4 Payment of Bonds Called for Redemption . . . . . . . . . . . . 23 ARTICLE IV - ACQU•ISITION.AND CONSTRUCTION FUND 24 Section 4.111t.-Deposit of Funds . . . 24 Section 4.2 f<'Veries Acquisition and `•-..Construction Account . . . 25 Section 4.3 Payments From Series Acquisition and Construction Account . . . . . 25 Section 4.4 Disposition of Balances in the Series-Acquisition and Construction Account 26 Section A.!� Series Cost of issuance Account . . 26 ARTICLE V - ESTABLISHMENT OF SERIES ACCOUNTS AND APPLICATION THEREOF . . '. . . . . . . . . . 26 Section 5.1 Limited Obligations . . . . . . . . 26 Section 5.2 Series•lZevenue Account . . . . 27 Section 5.3 Series Interest Account 28 Section 5.4 Series Bond Sinking Fund Account 28 Section 5.5 Series Reserve Account . . . . . . 28 Section 5.6 Series Rebate Account . . . . . 29 Section 5.7 Series Redemption Account . . . . . 29 000016w1.w51 (i� Paqe Section 5.8 Payment to District . . . . . . . . 29 Section 5.9 Investment of Funds . . . . . . . . 30 Section 5.10 Trust Funds . . . . . . . . . . . . 31 ARTICLE VI - THE TRUSTEE .. . . . . . . . . . . 32 Section 6.1 Certain Duties and Responsibilities. . . . . . . . . . 32 Section 6.2 Notice of Defaults. . . . . . . . . 33 Section 6.3 Certain Rights of Trustee. . . . . 34 Section 6.4 Not Responsible for Recitals or Issuance of Bonds. . . . . . . . . 35 Section 6.5 May Hold Bonds. . . . . . . . . . . 35 Section 6.6 Money Held in Trust. . . . . . . . 35 Section 6.7 Compensation and Reimbursement. . . 35 Section 6.8 Corporate Trustee Required: Eligibility. . . . . . . . . . . . 36 Section 6.9 Resignation and Removal: Appointment of Successor. . . . . . 37 Section 6.10 Acceptance of Appointment by Successor . . . . . . . . . . . . . 38 Section 6.11 Merger or Consolidation. . . . . . 38 ARTICLE VII - COVENANTS AND REPRESENTATIONS . . . 39 Section 7.1 Payment of Bonds . . . . . . . . . 39 Section 7.2 Further Assurance . . . . . . . . . 39 Section 7.3 Power to Issue Bonds and Create a Lien . . . . . . . . . . . . . 39 Section 7.4 Power to Undertake Series Projects and to Collect Pledged Revenues 40 Section 7.5 Sale of Series Projects . 40 Section 7.6 Series Accounts and Reports 41 Section 7.7 Arbitrage and Other Tax Covenants 41 Section 7.8 Enforcement of Series Assessments 42 Section 7.9 Method of Collection of Series Assessments . . . . . . . . . . . . 42 Section 7.10 Delinquent Series Assessments . . . 43 Section 7.11 Deposit of Proceeds from Sale of Tax Certificates . . . . 44 Section 7.12 Sale of Tax Deed or Foreclosure of Assessment . . . . . . . . . 44 Section 7.13 Other Obligations Payable from Series Assessments . . . . . . . . 45 Section 7.14 Reassessments . . . . . . . . . . . 45 Section 7.15 Completion and Maintenance of Series Projects . . . . . . . . . . 45 Section 7.16 Continuing Disclosure . . . . . . . 46 ARTICLE VIII - EVENTS OF DEFAULT AND REMEDIES 47 Section 8.1 Extension of Interest Payment . 47 Section 8.2 Events of Default . . . . 48 Section 8.3 Acceleration of Maturities of Bonds of a Series . . . . . . . . . 49 000016W1.W51 (11� 16G Pacie 16G Section 8'.4 Enforcement of Remedies . . . . . . 50 Section 8.5 Application of Funds . . . . . . . 50 Section 8.6 Effect of Discontinuance of Proceedings . . . . . . . . . . . . 52 Section 8.7 Restriction on Individual Holder Actions . . . . . . . . . . . . . 52 Section 8.8 No Remedy Exclusive . . . . . . . . 52 Section 8.9 Delay Not a Waiver . . . . . . . . 53 Section 8.10 Right to Enforce Payment of Bonds . 53 Section 8.11 No Cross Default Among Series . . . 53 Section 8.12 Waiver of Past Defaults. . . . . . 53 ARTICLE IX - SUPPLEMENTAL INDENTURES . . . . . . . . . 54 Section 9.1 Supplemental Indentures Without Consent of Holders . . . . . . . . 54 Section 9.2 Supplemental Indentures With Consent of Holders . . . . . . . . 55 Section 9.3 Opinion of Bond Counsel With Respect to Supplemental Indenture 56 Section 9.4 .Execution of Supplemental Indentures. : . . . . . . . . . . . 57 Section 9.5 Effect of Supplemental Indentures . . . . . . . . . . . . . 57 Section 9.6 Reference in Bonds to Supplemental Indentures . . . . . . . . . . . . . 57 ARTICLE X - DEFEASANCE . . . . . . . . . . . . . . . . 57 Section 10.1 Defeasance and Discharge of the Lien of this Indenture and Supplemental Indentures . . . . . . 57 Section 10.2 Moneys Held in Trust . . . . . . . 58 Section 10.3 Return of Unclaimed Moneys . . . . 58 ARTICLE XI - MISCELLANEOUS . . . . . 59 Section 11.1 Immunity of Supervisors . . . . . . 59 Section 11.2 Act of Holders 59 Section 11.3 Notice to the District and the Trustee . . . . . . . . . . . . . . 60 Section 11.4 Notice to the Holders . . . . . . . 60 Section 11.5 Effect of Headlines and Table of Contents . . . . . . . . . . . . 61 Section 11.6 Successors and Assigns. . . . . . . 61 Section 11.7 Separability Clause. . . . . . . . 61 Section 11.8 Benefits of Indenture. . . . . . . 61 Section 11.9 Governing Law. . . . . . . . . . . 61 Section 11.10 Legal Holidays. . . . . . . . . . . 61 Exhibit A Form of Requisition 000016WL.WS1 (iii) THIS MASTER TRUST INDENTURE, dated as of 1996, by and between FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, a community development district organized and existing under the laws of the State of Florida (the "District "), and , as trustee, a national banking association existing under the laws of the United States (the "Trustee "). RECITALS OF THE DISTRICT The District is a community development district duly organized, established and existing under the Community Development District Act (as hereinafter defined), for the purpose, among other things, of financing and managing the acquisition, construction, maintenance, and operation of the infrastructure within the boundaries of the District. The District has the power and authority under the Community Development District Act to issue special assessment bonds and revenue bonds to finance the cost of acquiring and constructing assessable improvements and to levy and collect lienable special assessments, and non - lienable user charges and fees therefor. The District has determined that the planning, acquisition, construction, equipping, installation and /or improvement of the Series Projects (as hereinafter defined) are and will be necessary and desirable in serving the District's goal of properly managing the acquisition, construction, and operation of portions of the infrastructure within the District Land (as hereinafter defined). The District has duly authorized the creation, execution and delivery from time to time of its bonds of substantially the tenor hereinafter provided (the "Bonds "), issuable in one or more series; and, to secure the Bonds and to provide for their authentication and delivery by the Trustee, the District has duly authorized the execution and delivery of this Indenture. All things have been done which are necessary to make the Bonds, when issued, executed and delivered by the District and authenticated and delivered by the Trustee hereunder, the valid obligations of the District, and to make this Indenture and the Bonds a valid agreement by the District in accordance with the terms thereof. 000016W1.W51 16G 16G NOW, THEREFORE, THIS INDENTURE WITNESSETH: GRANTING CLAUSES That ,the District, in order to secure the payment of the principal of, premium, if any, and interest on the Bonds of a Series (as hereinafter defined) issued hereunder according to their tenor, purport and effect and to secure the performance and observance by the District of all of the covenants expressed or implied herein, in the Supplemental Indenture (as hereinafter defined) authorizing the issuance of such Bonds and in such Bonds contained and in order to declare the terms and conditions upon which such Bonds and any coupons of interest appertaining thereto are issued, authenticated, delivered, secured and accepted by all persons who shall from time to time become holders thereof, and for and in consideration of the mutual covenants herein contained, of the acceptance by the Trustee of the Trust created hereby, and the purchase and acceptance of such Bonds by the holders or obligees thereof, the District, does hereby assign, pledge and grant a security interest in the following (herein called the "Series Trust Estate ") to the Trustee, and its successors in trust, and their successors and assigns forever: All of right, title and interest of the District in, to and under all of the Series Pledged Revenues (as hereinafter defined), the Series Pledged Funds (as hereinafter defined) and any and all property of every kind or description which may from time to time hereafter be sold, transferred, conveyed, assigned, hypothecated, endorsed, deposited, pledged, mortgaged, granted or delivered to, or deposited with, the Trustee as security for such Bonds issued pursuant to this Indenture and such Supplemental Indenture by the District or which pursuant to any of the provisions hereof or of such Supplemental Indenture may come into the possession or control of the Trustee or of a lawfully appointed receiver. The Trustee is hereby authorized to receive any and all such property as and for security for the payment of such Series of Bonds and the interest and premium, if any, thereon, and to hold and apply all such property subject to the terms hereof, it being expressly understood and agreed that, unless otherwise provided in the Supplemental Indenture relating to a Series the Series Trust Estate established and held hereunder for Bonds of such Series shall secure solely such Bonds and shall be held separate and in trust solely for the benefit of the Holders (as hereinafter defined) of the Bonds of such Series, additional Bonds -of such Series and other obligations 000016W1.W51 -2- 16G issued expressly on parity therewith and shall not secure Bonds of any other'Series; TO HAVE ANp TO HOLD the Series Trust Estate, whether now owned or held or hereafter acquired, unto the Trustee and its successors and assigns forever; IN TRUST NEVERTHELESS, upon the terms and trusts herein set forth (a) for the equal and proportionate benefit and security of all present and future Holders of Bonds of such Series, without preference, priority or distinction as to Lien (as hereinafter defined) or otherwise, of any Bond of such Series over any other Bond of such Series, (b) for enforcement of the payment of such Bonds, in accordance with their terms and the terms of this and the Supplemental Indenture authorizing the issuance of such Bonds, and all other sums payable hereunder, under such Supplemental Indenture or on such Bonds, and (c) for the enforcement of and compliance with the obligations, covenants and conditions of this Indenture except as otherwise expressly provided herein, as if all the Bonds at any time Outstanding (as hereinafter defined) had been authenticated, executed and delivered simultaneously with the execution and delivery of this Indenture, all as herein set forth. AND IT IS HEREBY MUTUALLY COVENANTED AND AGREED (a) that this Indenture creates a continuing Lien equally and ratably to secure the payment in full of the principal of, premium, if any, and interest on all Bonds of a Series which may from time to time be Outstanding hereunder, except as otherwise expressly provided herein, (b) that the Series Trust Estate shall immediately be subject to the Lien of this pledge and assignment without any physical delivery thereof or further act, (c) that the Lien of this pledge and assignment shall be a first Lien and shall be valid and binding against all parties having any claims of any kind in tort, contract or otherwise against the District, irrespective of whether such parties have notice thereof, and (d) that such Bonds are to be issued, authenticated and delivered, and that the Series Trust Estate is to be held, dealt with, and disposed of by the Trustee, upon and subject to the terms, covenants, conditions, uses, agreements and trusts set forth in this Indenture, and.the District hereby covenants and agrees to and with the Trustee, for the equal and proportionate benefit of the respective Holders from time to time of the Bonds of each respective Series, as follows: 000016w1.w51 -3- m 16G ARTICLE I DEFINITIONS For all purposes of this Indenture, except as otherwise expressly provided herein or in a Supplemental Indenture or unless the context otherwise requires: The terms defined in this Article have the meanings given to them in this Article and include the plural as well as the singular. All references in this instrument to designated "Articles," "Sections" and other subdivisions are to the designated Articles, Sections and other subdivisions of this instrument as.originally executed. The words "herein," "hereof" and "hereunder" and other words of similar import refer to this Indenture as a whole and not to any par�Ycular Article, Section or other subdivision. "Accountant" shall mean the independent certified public accountant or independent certified public accounting firm retained by the District to perform duties pursuant to this Indenture. "Accountant's Certificate" shall mean a certificate signed by the Accountant. "Accreted Value" *shall mean, as of the date of computation with respect tc any Capital Appreciation Bonds, an amount (rounded up to three decimal places) equal to the original principal amount of such Capital Appreciation Bonds at the date of issuance plus the interest accrued on such Bonds from the date o•f.issuance to the date of computation, at the rate of•interest per annum of such Bonds (or in accordance with a table of compound accreted values set forth in such Bonds), compounded semi - annually. A table of Accreted Values for the Capital Appreciation Bonds shall be incorporaeed in a Supplemental Indenture executed by the District upon issuance of any Capital Appreciation Bonds. "Act" when used with respect to a Holder shall have the meaning given to such term in Section 11.2. "Additional Series.Project" shall mean any additions, extensions, improvements and betterments to and reconstructions of a Series Project to be financed, in whole or in part, from the proceeds of Bonds. 000016wl.w51 -4- 16 G "Acquisition Agreement" shall mean that certain [to be inserted] . ' "Assessment Proceedings" shall mean, with respect to a Series of Bonds, the proceedings of the District with respect to the establishment, levy and collection of the related.Series Assessments. "Authorized Representative" shall mean any person designated in a Statement of the District to perform the act or sign the document in question. "Benefit Special Assessments" shall mean assessments levied and collected by the District pursuant to Section 190.021(2) of the Community Development District Act. "Bond Counsel" shall mean an attorney or firm of attorneys of nationally recognized standing in the field of law relating to municipal bonds selected by the District. "Bond Registrar" or "Registrar" shall have the meaning given to such term in Section 2.5. "Bond Year" shall mean, unless otherwise provided in the Supplemental Indenture authorizing a Series of Bonds, the period commencing on the first day of (May] in each year and ending on the last day of [April] of the following year. "Bonds" shall have the meaning stated in the fourth recital of this instrument and more particularly includes any Bond authenticated and delivered hereunder. "Business Day" shall mean any day excluding Saturday, Sunday or any other day on which banking institutions in the cities in which the Corporate Trust Office of the Trustee or the principal office of the Paying Agent, if any, are located are authorized or obligated by law or other governmental action to close. "Capital Appreciation Bonds" shall mean Bonds issued hereunder as to which interest is payable only at the maturity or earlier redemption thereof. "Capitalized Interest" shall mean, with respect to a Series of Bonds, interest due with respect to such Series for a period not exceeding to be funded from the proceeds of such Series. "Certificate," "Statement," "Request," and "Order" of the District shall mean, respectively, a written 000016W1 . W51 1bG certificate, statement, request or order signed in the name of the District by'an Authorized Representative. "Chairmany'shall mean the Chairman of the Governing Body of the District or his or her designee or the person succeeding to his or her principal functions. "Code" sha[11 mean the Internal Revenue Code of 1986, as amended, or any successor thereto, and the regulations promulgated thereunder. "Collection Agreement" shall have the meaning given to such term in Section 7.9. "Community Development District Act" shall mean the Uniform Community Development District Act of 1980, being Chapter 190, Florida Statutes, as amended. "Consulting Engineers", shall mean, with respect to a Series and the related Series Project, or any other engineering firm selected by the District having a favorable reputation for skill and experience in performing the duties imposed upon it. "Corporate Trust Office" means the principal office of the Trustee at which at any particular time its trust business shall be principally administered. "Cost" shall mean, with respect to a Series Project or Additional Series Project, all costs, obligations and expenses incurred in connection therewith, including (without intending by such enumeration to exclude any proper item of cost permitted to be incurred under the Act, other applicable provisions of Florida law, or this Indenture, the following items: (a) All Costs of Issuance. (b) Any interest accruing on such Bonds from their date through the first interest Payment Date received from the proceeds of the Bonds and Capitalized Interest as may be authorized or provided for by the Supplemental Indenture related to such Series of Bonds. Notwithstanding the deposit of Capitalized Interest into•the related Series Interest Account, Capitalized Interest shall also include any amount directed by the District to the Trustee in writing to be withdrawn from the related Series.Acquisition and Construction Account and deposited into such Series Interest Account, provided that such direction includes a 000016W1.W51 _6 16G certification that such amount represents earnings- on amounts on deposit in the related Series Acquisition and Construction Account and that, after such deposit, the amount on deposit in such Series Acquisition and Construction Account, together with earnings thereon will be sufficient to complete the related Series Project which is to be funded from such Series Acquisition and Construction Account. (c) The costs of acquiring, by purchase or condemnation, all of the land, structures, improvements, rights -of -way, franchises, easements, and other interests in property, whether real or personal, tangible or intangible, which themselves constitute the Series Project or Additional Series Project or which are necessary or convenient to acquire and construct the Series Project or Additional Series Project. (d) All costs of construction, including, without limitation, all costs incurred for labor and materials, including equipment and fixtures, by contractors, builders, and materialmen in connection with the acquisition and construction of the Series Project or Additional Series Project. (e) All legal, architectural, engineering, and consulting fees, as well as all financing charges, taxes, insurance and bond premiums and all other costs and expenses not specifically referred to in this Indenture that are incurred in connection with the acquisition and construction of the Series Project or Additional Series Project, whether or not provided for in the Act. "Costs of Issuance" shall mean, with respect to a Series, all expenses and fees relating to the issuance of such Series, including, without limitation, initial credit and liquidity facility fees and costs, attorneys' fees, underwriting fees and discounts, all fees and expenses (including, without limitation, counsel fees) of the Trustee, the Bond Registrar and the Paying Agent, rating agency fees, fees of financial advisors, engineer's fees, administrative expenses of the District, the costs of preparing audits and engineering and feasibility reports, surveys, and studies, and the costs of printing such Bonds and the preliminary and final disclosure documents. 000016W1.Ws1 -7- 1bG "Date of Completion" shall mean, with respect to a Series Project of Additional Series Project, (i) the date upon which the Series Project and all components thereof have been acquired or constructed and are capable of performing the functions for which they were intended, as evidenced by a certificate of the Consulting Engineers filed with the Trustee and the District; or (ii) the date on which the District determines, upon the recommendation of or consultation with the Consulting Engineers, that it cannot complete the Series Project in a sound and economical manner within a reasonable period of time as evidenced by a certificate of the Consulting Engineers of the District filed with the Trustee and the District; provided that in each case such certificate of the Consulting Engineers shall set forth the amount of all Costs of such Series Project or Additional Series Project which has theretofore been incurred, but which on the Date of Completion is or will be unpaid or unreimbursed. "Debt Service" shall mean, with respect to a Series of Bonds, the principal, interest, and premium, if any, payable with respect to such Bonds. "Depositary" shall mean The Depository Trust Company or any other clearance system selected by the District. "District" shall mean Fiddler's Creek Community Development District, a community development district created and established pursuant to the Community Development District Act, and any successors and assigns.' "District Fees" shall mean the fees and user charges permitted under the Community Development District Act to be levied and collected by the District to defray or reimburse the District for the cost of capital infrastructure improvements. "District Land" shall mean [ "Event of Default" shall have the meaning given to such term in Section 8. "Fiscal Year" shall mean the fiscal year of the District in effect from time to time, which shall initially mean the period commencing on the first day of [October] of any year and ending on the last day of [September] of the following year. "Governing Body" shall mean the Board of Supervisors of the District. 000016W1.W51 -8- 16G "Government Obligations" shall mean direct obligations of, and obligations the payment of principal of and interest on which is unconditionally guaranteed by, the United States of America. "Holder" or "Holders" shall mean the Person in whose name a Bond is registered on the books of the District kept for such purpose in accordance with the terms hereof. "Indenture" shall mean this instrument as originally executed or as it may from time to time be amended and supplemented. "Investment Obligations" shall mean any of the following securities, if and to the extent that such securities are legal investments for funds of the District: (i) Government Obligations; (ii) Bonds, debentures, notes or other evidences of indebtedness issued by any of the following agencies: Government National Mortgage Association, Federal Land Banks, Federal Home Loan Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Tennessee Valley Authority, United States Postal Service, Farmers Home Administration, Export- Import Bank, Federal Financing Bank and Student Loan Marketing Association; (iii) Bonds, debentures, notes or other evidences of indebtedness issued by the Federal National Mortgage Association to the extent such obligations are guaranteed by the Government National Mortgage Association; (iv) Repurchase agreements with any bank or trust company, including the Trustee or an affiliate thereof, or government bond dealer reporting to the Federal Reserve Bank of New York continuously secured or collateralized by obligations described in subparagraph (i) above, at all times (a) having a market value (exclusive of accrued interest) not less than that of the repurchase agreement, (b) held free and clear of claims by third parties, (c) subject to a perfected first security interest in the collateral in favor of the Trustee and (d) held by the Trustee or its agent, as custodian; (v) Commercial paper, other than that issued by bank holding companies, (a) rated at the date of investment in one of the two highest rating categories of Moody's or S &P, or.(b) issued by corporations which at the date of investment have an outstanding, unsecured, 000016wi . w51 -9- 16 G uninsured and unguaranteed debt issue rated in one of the three highest rating categories of Moody's or S &P; (vi) the Fidelity Cash Portfolio or the U.S. Treasury Portfolio; and (vii) other investments permitted under applicable Florida law, other than annuity and other guaranteed investment contracts to the extent not includible in the foregoing types of pemitted investments. "Lien" means any mortgage, pledge, security interest, deed of trust, assignment, title retention, hypothecation, Lien, charge, claim or other encumbrance on or --ith respect to., or any preferential arrangement having the practical effect of constituting a security interest with respect: to the payment of any obligation with or from the proceeds of, any asset or revenue of any kind. "Maintenance Special Assessments" shall mean non - ad valorem special assessments levied and collected pursuant to Section 190.021(3) of the Community Development District Act for benefits with respect to water management and control responsibilities undertaken by the District. "Maximum Annual Debt Service Requirement" shall mean, at any given time of determination, the maximum amount of Debt Service coming due in any current or future Bond Year with regard to the Bonds for which such determination is made; provided, however, that in the case of any Bonds for which a sinking fund has been established, the principal due thereon shall be deemed to mature in each year in which payment is required to be made into such sinking fund in the amount of such payment. With respect to Variable Rate Bonds, the maximum amount of Debt Service shall be determined on the assumption that interest will accrue on such Bonds at a rate per annum equal to the greater of 110% of the average daily rate of interest borne by such Bonds during the Fiscal Year preceding the date of computation and the current rate of interest borne by such Bonds on such date. " Moody's" shall mean Moody's Investors Service, Inc., a corporation organized and existing under the laws of the State of Delaware, and its successors and assigns, and, if such corporation no longer performs the functions of a securities rating agency, " Moody's" will be deemed to refer to any other nationally recognized securities rating agency designated by the District by written notice to the Trustee. 000016w1.w51 -10- "NRMSIR" shall mean Bloomberg Municipal Depository, or such other nationally recognized municipal securities information repository approved by the Securities and Exchange Commission as the District may select for the purpose of filing reports, and any state information depository established for the State of Florida. "Outstanding," shall mean, as of a particular date and with respect to a Series of Bonds, all Bonds of such Series theretofore authenticated and delivered under this Indenture, except: (i) Bonds theretofore cancelled by the Trustee or delivered to the Trustee for cancellations (ii) Bonds (or* portions of Bonds) for the payment or redemption of which money, equal to the principal amount or redemption price thereof, as the case may be, with interest to the date of maturity or redemption date, has been theretofore deposited with the Trustee for the Holders thereof; provided that if such Bonds (or portions of Bonds) are to be redeemed, notice of such redemption shall have been given or provision satisfactory to the Trustee shall have been made; (iii) -Bonds in lieu of or in substitution for which other, Bonds shall have been authenticated and delivered pursuant to this Indenture; and (iv) Bonds paid or deemed to have been paid as provided in this Indenture. In addition, Bonds actually known by the Trustee to be held by or for the District will not be deemed to be Outstanding for the purposes and within the purview of Article IX. "Paying Agent" shall mean any Person authorized by the District to pay the principal. of (and premium, if any) or interest on any Bonds on behalf of the District. "Payment Date" shall mean, with respect to a Series of Bonds,,the stated maturity of an installment of interest or principal on such Bonds. "Person" shall.mean a natural person, firm, trust, association, partnership, joint venture, corporation, tx-ust or any government or political 000016W1.W51 16G 16G subdivision or any agency, department or instrumentality thereof. "Prepayments" shall mean any Series Assessments, or portions thereof, which are paid to the District prior to the time such Series Assessments become due. "Property Appraiser" shall mean the Property Appraiser in and for Collier County, Florida, or the Person succeeding to its principal functions. "Rebate Amount" shall mean the amount, if any, required to be rebated to the United States of America pursuant to Section 148(f) of the Code. "Rebate Analyst" shall mean the person selected by the District to calculate the Rebate Amount, which Person shall either*b-p- a firm of attorneys or independent certified public accountants with expertise in the calculation of the Rebate Amount. "Record Date" shall mean the 15th day of the calendar month next preceding any Payment Date or, in the case of any proposed redemption of Bonds, the fifth day next preceding the date of mailing of notice of such redemption, or if either of the foregoing days is not a Business Day, then the Business Day immediately preceding such day. "Responsible officer ", when used with respect to the Trustee, means any Managing Director, Vice President, Assistant Vice President, Assistant Secretary, Assistant Treasurer, or trust or other officer of the Corporate Trust and Agency Group of the Trustee in Florida, or any successor thereto, regularly engaged in the performance of corporate trust functions. "S &P" shall mean Standard & Poor's Corporation, a corporation organized and existing under the laws of the State of New York, and its successors and its assigns, and, if such corporation no longer performs the functions of a securities rating agency, "S &P" will be deemed to refer to any other nationally recognized securities rating agency designated by the District by written notice to the Trustee. "Series" shall mean all of the Bonds authenticated and delivered on original issuance under and pursuant to a Supplemental Indenture and any Bonds thereafter authenticated and delivered in lieu of or in substitution therefor regardless of variations in maturity, interest rate or other provisions; provided, however, that 000016wl.w51 -12- 16G two or more Series of Bonds may be issued simultaneously under the same Supplemental Indenture if designated as separate Series of Bonds by the District upon original issuance. "Series Accounts" shall mean, with respect to a Series of Bonds, all accounts created pursuant hereto and the Supplemental Indenture relating to such Series, except the Series Rebate Account, and all proceeds deposited or required to be deposited.therein. "Series Acquisition and Construction Account" shall have the meaning given to such term in Section 4.2.. "Series.Assessments" shall mean, with respect to a Series of Bonds, all non -ad valorem special assessments and charges levied and collected by or on behalf of the District pursuant to the Community Development District Act to repay and secure such Series, which may include Benefit Special Assessments and District Fees, together with any and all amounts received by the District from the sale of tax certificates or otherwise from the collection of delinquent Series Assessments and any applicable interest and penalties collected by or on behalf of the District. "Series Bond Sinking Fund Account" shall have the meaning given to such term in Section 5.4. "Series Cost of Issuance Account" shall have the meaning given to such term in Section 4.5. "Series Interest Account" shall have the meaning given to such term in Section 5.3. "Series Optional Redemption Subaccount" shall have the meaning given to such term in Section 5.7. "Series Pledged Funds" shall mean, with respect to a Series of Bonds, all amounts on deposit from time to time in the Series Accounts established in respect of such Series as pledged to secure the repayment of such Bonds; provided, however, that such term shall not include any amounts on deposit in a Series Rebate Account. "Series Pledged Revenues" shall mean, with respect to.a Series of Bonds, the Series Assessments and other revenues designated in the Supplemental Indenture relating to such Series as pledged to secure the repayment of Bonds. "Series Prepayment Subaccount" shall have the meaning given to such term in Section 5.7. 000016w1 . w51 -13- "Series Project" or "Series Projects" shall mean the planning, acquisition, construction, equipping, installation and /or improvement of capital projects on the District Land for the benefit of the District to be financed with all or a part of the proceeds of a Series of Bonds as shall be described in the Supplemental Indenture relating to such Series. "Series Rebate Account" shall have the meaning given to such term in Section 5.6. "Series Redemption Account" shall have the meaning given to such term in Section 5.7. "Series.Reserve Account" shall have the meaning given to such term in Section 5.5. "Series Reserve Account Requirement" shall mean, with respect to a Series of Bonds and, unless otherwise provided in the Supplemental Indenture relating to such Series, as of any date of calculation for a particular Series Reserve Account, an amount equal to the least of: (A) the Maximum Annual Debt Service Requirement for all Outstanding Bonds of such Series, (B) 125% of the average Annual Debt Service for all Outstanding Bonds of such Series, or (C) the aggregate of 10k of the proceeds of the Bonds of such Series on original issuance thereof. In computing the Series Reserve Account Requirement in respect of any variable Rate Bonds, the interest rate on such Bonds shall be assumed to be the greater of 110$ of the average daily rate of interest borne by such Bonds during the Fiscal Year preceding the date of computation, or such shorter period of time as such Series shall have been Outstanding, and the current rate of interest borne by such Bonds on such date; provided, however, that in no event shall the Series Rese,'rvq Account Requirement as adjusted on such date of calcu*lation'exceed the lesser of the amounts specified in the immediately preceding sentence. "Series'Rgvenue Account" shall have the meaning given to such term,.in Section 5.2.. "Series Trust Estate" shall have the meaning given to such term in the recitals hereto, and shall include the Series Pledged Revenues and the Series Pledged Funds. "Supplemental Indenture" shall mean an indenture supplemental hereto authorizing the issuance of a Series of Bonds hereunder and establishing the terms thereof and the security therefor and shall also mean any indenture supplemental hereto entered into for the purpose of 000016W1 . W51 -14- 16G amending the terms and provisions hereof with respect to all Bonds in accordance with Article IX. "Taxable Bonds" shall mean Bonds of a Series which are not Tax Exempt Bonds. "Tax Collector" shall mean the Tax Collector in and for Collier County, Florida, or the Person succeeding to its principal functions. "Tax Exempt Bonds" shall mean Bonds of a Series the interest on which, in the opinion of Bond Counsel on the date of original issuance thereof, is excludable from gross income for United States federal income tax purposes. "Trustee" shall mean the Person so designated in the first paragraph of this Indenture, until a successor shall have become appointed pursuant hereto, and thereafter "Trustee" shall mean such successor Trustee. "'Variable Rate Bonds" shall mean Bonds with a variable, adjustable, convertible or other similar interest rate which is not fixed in percentage for the entire term thereof on the date of issue. ARTICLE II THE BONDS Section 2.1 Issuance of Bonds. The aggregate principal amount of Bonds which may be authenticated and delivered under this Indenture is not limited. Bonds may be issued in one or more Series for the purpose of: (i) paying all or part of the Cost (including the Costs of Issuance) of a Series Project or Series Projects; (ii) refunding an Outstanding Series of Bonds or any portion thereof; and (iii) depositing the Series Reserve Account Requirement to the Series Reserve Account for such Series of Bonds. Section 2.2 General Terms of Bonds. The terms and conditions listed below, as applicable, of any Series of Bonds shall be established in a Supplemental Indenture: 000016W1.W51 (1) the title of the Bonds of the Series (which shall distinguish such Bonds from Bonds of all other Series); (2) any limit upon the aggregate principal amount of such Bonds which may be authenticated and delivered under this Indenture; * IV. -15- 16G 16G (3) 'the date or dates on which the principal and premium, if any, of such Bonds are payable; (4) the rate -or rates at which such Bonds shall bear interest, if.any, or the formula by which interest shall be calculated, the date or dates from which such interest shall accrue, the interest payment dates on which such interest shall be payable and the record dates for the determination of Holders thereof to whom interest is payable; (5) the place or places where the principal of, and premium,-if any, and any interest on such Bonds shall be payable; (6) the price or prices at which, the period or periods within which and the terms and conditions upon which such Bonds may be redeemed, in whole or in part, at the option of the District,.pursuant to any sinking fund or otherwise; (7) the obligation, if any, of the District to redeem, purchase or repay Bonds pursuant to any sinking fund or analogous provisions or at the option of a Holder thereof and the price or prices at which and'the period or periods within which and the terms And conditions upon which such Bonds shall be redeemed, purchased or repai'd., in whole' or in part, pursuant to such obligation; (a) if other than .'denominations of $100,000 and any integral multiple of $5,000 in excess thereo'f',,' the denominations in which such Bonds shall be issuable; • (9) if other than the principal amount at stated maturity thereof, the portion of the principal amount of such Bonds which shall be payC)le upon declaration of acceleration of the maturity thereof; (10) any Events of Default with respect to such Bonds, if. not set forth herein; and (11) any other terms of the Series. All Bonds of a Series issued under this Indenture shall in all respects be equally and ratably entitled to 000016w1.w51 -16- 16G the benefits hereof without preference, priority or distinction on account of actual time or times of authentication and delivery or maturity of such Bonds. All Bonds of a Series shall be substantially identical except as to denomination and except as may otherwise be provided in the applicable Supplemental Indenture. Section 2.3 Denomination, Authentication and Dating of Bonds. Unless otherwise provided in the applicable Supplemental Indenture, the Bonds of each Series shall be issued in book entry form in denominations of $100,000 and any integral multiple of $5,000 in excess thereof. Each Bond shall be dated as of the date of its authentication. At any time and from time to time after the execution and delivery of this Indenture, the District may deliver Bonds of any Series executed by the District to the Trustee for authentication. Except as otherwise provided in this Article II, the Trustee shall authenticate and deliver the Bonds of such Series to or upon the Order of the District upon receipt of: (a) an executed and attested original or certified copy of this Indenture; (b) an executed and attested original or certified copy of the Supplemental Indenture fixing the amount of and security for the Series of Bonds authorized to be issued thereby and establishing the terms and conditions of such Series of Bonds; (c) a copy, duly certified by an Authorized Representative, of the resolutions of the District theretofore adopted and approved authorizing the execution and delivery of such Supplemental Indenture and the issuance and sale of such Series of Bonds; (d) an opinion of counsel for the District to the effect that this Indenture and the Supplemental Indenture relating to such Series of Bonds have been duly and validly authorized, executed and delivered, that the issuance of such Series of Bonds has been duly authorized, and this Indenture and such Supplemental Indenture are valid and binding obligations of the District, enforceable against the District in accordance with their respective terms except as enforcement thereof.may be affected by bankruptcy 000016W1.W51 -17- 16G and other similar laws relating to creditor's rights generally or: general principles of equity; (e) an opinion of Bond Counsel for the District 'to the effect that the Bonds of such Series are valid, binding and enforceable obligations of the District and, if such Series of Bonds are not Taxable Bonds, that interest thereon is excludable from gross income of the Holders under the federal income tax laws of the United States in effect on the date such Series of Bonds is delivered to their initial purchasers; (f), a Request of the District to the Trustee to authenticate and deliver such Series of Bonds; (g) a Certificate of the District to the effect that, upon the authentication and delivery of such Series of Bonds, and after giving effect to their issuance, there shall exist no Event of Default under the Indenture; (h) 'a copy, duly certified by an Authorized Representative, of the Assessment Proceedings relating to such Series; (i) a copy', duly certified by an Authorized Representative,* of the final judgment validating such Series of'Bonds and the Series Assessments affected,, and a Certificate of the District confirming that no appeal was taken with respect thereto O-r, if taken, the judgment was affirmed; and (j) a certificate, duly executed, from the Consulting Engineers setting forth the Cost of the related Series Project. Section 2.4 Execution and Form of Bonds. The Bonds shall be signed in the name and on behalf of the District, manually or by facsimile by the Chairman, and by the Secretary of the District, and the certificate of authentication appearing on the face of the Bonds shall be signed manually by the Trustee. The official seal of the District shall be imprinted or impressed on the Bonds. Bonds bearing the manual or facsimile signatures of individuals who were at any time Authorized Representatives shall bind the District, notwithstanding that one or more of such individuals shall have ceased for any reason to hold such office or to be so authorized prior to the 000016W1 . W51 -18- 16G authentication and delivery of such Bonds or did not hold such office or authorization at the date of such Bonds. No Bond shall be entitled to any benefit under this Indenture or be valid or obligatory for any purpose unless there appears on such Bond a certificate of authentication substantially in the form provided for in the Supplemental Indenture relating to such Bonds executed by the Trustee by manual signature of an authorized signatory of the Trustee, and such certificate upon any Bond shall be conclusive evidence, and the only evidence, that such Bond has been duly authenticated and delivered hereunder. Section 2.5 Exchange. The District Corporate Trust Office and for the transfer of Indenture. The Trustee Registrar." Registration. Transfer and shall cause books to be kept at the of the Trustee for the registration the Bonds as provided in this is hereby appointed "Bond Upon surrender for transfer of any Bond at the Corporate Trust Office, the District shall execute and the Trustee shall authenticate and deliver in the name of the transferee a new fully registered Bond or Bonds of the same Series. Notwithstanding the foregoing, so long as the Bonds are issued in book entry form, transfers of Bonds may be made only in accordance with the rules of the Depositary. All Bonds issued upon any transfer or exchange of Bonds shall be the valid obligations of the District, evidencing the same debt, and entitled to the same security and benefits under this Indenture, as the Bonds surrendered upon such transfer or exchange. Every Bond presented or surrendered for transfer, exchange or discharge from registration shall (if so required by the District or the Bond Registrar) be duly endorsed, or be accompanied by a written instrument of transfer in form satisfactory to the District and the Bond Registrar duly executed by the Holder thereof or his attorney duly authorized in writing. No service charge shall be made for any registration, discharge from registration, transfer or exchange of Bonds, but the District may require payment of a sum sufficient to cover any tax or other governmental charge that may be imposed in connection with any transfer or exchange of Bonds, other than exchanges under Section 2.6 not involving any transfer. The District shall not be required W to issue, transfer or exchange any Bond of any Series during a period 000016W1.W51 -19- 16G beginning at the opening of business 15 days before the day of the first mailing of a notice of redemption of Bonds of such Series under Section 3.3 and ending at the close of business on the day of such or mailing, or (ii) to transfer or exchange any Bond so selected for redemption in whole or in•part, or (iii) to transfer any Bond during a period beginning at the opening of business on any Record Date for such Series and ending at the close of business on the relevant interest Payment Date therefor. The Holder in whose name any Bond shall be registered shall bd deemed the absolute owner thereof for all purposes, and payment of Debt Service shall be made only to or upon the order of such Holder or his attorney or legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. Section 2.6 Temporary Bonds. Pending delivery of definitive Bonds, there may be executed, authenticated, and delivered to the Holders thereof, in lieu of definitive Bonds and subject to the same limitations and conditions except as to identifying numbers, temporary printed, engraved, lithographed or typewritten Bonds in authorized denominations, substantially of the tenor set forth in the Bond form to be set forth in the Supplemental Indenture authorizing such Series of Bonds. The District shall cause definitive Bonds to be prepared and to be executed, endorsed, registered, and delivered to the Trustee, and the Trustee, upon presentation to it of any temporary Bond, shall cancel the same and authenticate and deliver, in exchange therefor, at the place designated by the Holder, without expense to the Holder, definitive Bonds of the same Series in an equal aggregate principal amount. Until so exchanged, the temporary Bonds of any Series shall in all respects be entitled to the same benefits of this Indenture and any Supplemental Indenture as the definitive Bonds of such Series to be issued hereunder. Section 2.7 Mutilated, Defaced, Destroyed. Lost and Stolen Bonds. P, mutilated Bond may be surrendered and thereupon the District shall execute and the Trustee shall authenticate and deliver in exchange therefor a new Bond of like tenor and face amount, bearing a number not contemporaneously outstanding. If there be delivered to the District and the Trustee: (i) evidence to their satisfaction of the destruction, loss or theft of any Bond; and 000016w1.w51 -20- 16G OV (ii) such security or indemnity as may be required by them to save each harmless, then, in the absence of notice to the District or the Trustee that such Bond has been acquired by a bona fide purchaser, the District shall execute and, upon its request, the Trustee shall authenticate and deliver in lieu of any such destroyed, lost or stolen Bond, a new Bond of like tenor and face amount, bearing a number not contemporaneously outstanding. In case any mutilated, destroyed, lost or stolen Bond has become or is about to become due and payable, the District may pay or-authorize the payment of such Bond instead of issuing a substitute Bond. Every substitute Bond issued pursuant to the provisions hereof in lieu of any destroyed, lost or stolen Bond shall constitute an original additional contractual obligation of the District, whether or not the destroyed, lost or stolen Bond shall at any time be enforceable by any Person, and such substitute Bond shall be entitled to all the benefits of thi$ Indenture equally and proportionately with any and all other Bonds issued hereunder. These provisions are exclusive and shall preclude (to the extent lawful.) any and all other rights and remedies with respect to the replacement or payment of any mutilated, defaced, destroyed, lost or stolen Bonds. Section 2.8 Cancellation. All Bonds surrendered for payment or exchange shall, if surrendered to the District or any agent of the District, be cancelled and, in the case of delivery to the Bond Registrar, be delivered to the Trustee and, if not already cancelled shall be promptly cancelled by-it. The District may at any time deliver to the Trustee for cancellation any Bonds previously authenticated and delivered hereunder, which the District may have acquired in any manner whatsoever, and all Bonds so delivered shall be promptly cancelled by the Trustee. No Bonds shall be authenticated in lieu of or in exchange for any Bonds cancelled as provided in this Section 2.8, except as expressly permitted by this Indenture. All cancelled Bonds shall be disposed or as directed by an order-of the District. The Trustee shall destroy all cancelled Bonds in accordance with the instructions of the District and shall furnish certificates of such destruction to the District stating the serial numbers, dollar value and total number of Bonds destroyed hereunder. 000016W1.W51 -21- 16G ARTICLE III REDEMPTION OF BONDS Section 3'.1 Redemption Generally. The District may reserve the right to redeem and pay, prior to stated maturity, all or any part of the Bonds of any Series, either by optional redemption, sinking fund or otherwise, by provision therefor in the Supplemental Indenture authorizing the issuance of such Series of Bonds. In case of any redemption at the election of the District of less than all of the Bonds, the District shall, at least 45 days prior to the date of redemption fixed by the District (unless a shorter notice shall be satisfactory to the Trustee) notify the Trustee of such date of redemption and of the principal amount of Bonds to be redeemed. Unless otherwise provided in the Supplemental Indenture relating to a Series of Bonds, if less than all of the Bonds of any one maturity of a Series are to be redeemed, the particular Bonds of a Series to be redeemed shall be selected by lot in the manner determined by the Trustee. The Trustee shall promptly notify the District in writing of the Bonds selected for redemption and, in the case of any Bond selected for partial redemption, the principal amount thereof to be redeemed. For all purposes of this Indenture, unless the context otherwise requires, all provisions relating to the redemption of Bonds shall relate, in the case of any Bond redeemed or to be redeemed only in part, to the portion of the principal thereof which has been or is to be redeemed. Section 3.2 • Bonds Redeemed in Part. Any Bond which is to be redeemed only in part may, at the option of the Holder, (i) be presented for notation thereon by the Trustee of the payment —as of the redemption date of the redeemed portion of the face amount thereof, or (ii) be surrendered (with, if the District or the Trustee so requires, due endorsement by, or a written instrument of transfer in form satisfactory to the District and the Trustee duly executed by, the Holder thereof or his attorney duly authorized in writing) and the District shall execute and the Trustee shall authenticate and deliver to the Holder of such Bond without service charge, a new Bond or Bonds, of any authorized denomination or denominations as requested by such Holder in aggregate face amount equal to the unredeemed portion of the face amount of the Bond so surrendered. Section 3.3 Notice of Redemption; Procedure for Selection. In case the.District shall desire to exercise the right to'redeem all or any part of the Bonds of a Series in accordance with their terms, it shall fix a 000016W1.W51 -22- 16G date for redemption and shall mail a notice of such redemption at least 30 and not more than 60 days prior to the date fixed for redemption to each Holder of a Bond to be redeemed as a whole or in part at his address as the same appear on the registry books of the District. If mailed in the manner herein provided, the notice shall be conclusively presumed to have been duly given, whether or not any such Holder receives such notice. Any defect in the notice to the Holder of any Bond of a Series designated for redemption as a whole or in part shall not affect the validity of the proceedings for the redemption of any other Bond of such Series. Each such notice of redemption shall specify the date fixed for redemption, the redemption price, the place where such Bonds are to be surrendered for payment of the redemption price, which shall be the Corporate Trust Office, that payment will be made upon presentation and surrender of such Bonds and all coupons appertaining thereto, if any, that accrued interest, if any, to the redemption date will be paid as specified in said notice, and that on and after said date, interest thereon or on the portions thereof to be redeemed will cease to accrue. In case the redemption is on account of a sinking fund, such notice shall so specify. If less than all the Outstanding Bonds of a Series are to be redeemed in part only, the notice of redemption shall state the portion of the principal amount thereof to be redeemed and shall state that on and after the date fixed for redemption, upon surrender of such Bond, a new-Bond or Bonds of that Series in the principal amount and stated maturity equal to the unredeemed portion thereof will be issued. Any notice of redemption to be mailed by the District pursuant to this Section 3.3 may be mailed, upon Order of the District, by the Trustee in the name and at the expense of the District. Any required notice of redemption also shall be sent by mail, postage prepaid, to each NRMSIR at the same time as notice is mailed to Holders but neither the failure to send nor any defect in the notice so mailed shall affect the validity of the proceedings for the redemption. Section 3.4 Payment of Bonds Called for Redemption. If notice of redemption has been mailed as provided in Section 3.3, the Bonds or portions of Bonds of a Series with respect to which such notice has been mailed shall become due and payable on the date and at the place or places stated in such notice at the applicable redemption price, together with accrued interest to the redemption date and on and after said date (unless the 000016w1.w51 -23- District shall default in the payment of such Bonds at the applicable redemption price,' *together with accrued interest, if any, to said date) any interest on the Bonds or portions of Bonds of any Series so called for redemption shall cease to accrue, and such Bonds and portions of Bonds of any Series shall be deemed not to be Outstanding hereunder and shall nqt be entitled to any benefit under this Indenture except-to receive payment of the redemption price, together with accrued interest, if any, to the date fixed for redemption. On the redemption date specified in the notice of redemption, the District shall deposit with the Trustee or,with one or more paying agents an amount of money, in immediately available funds, sufficient to redeem on the redemption date all the Bonds so called for redemption at the applicable redemption price, together with accrued interest, if any, to the date fixed for redemption. On presentation and surrender of such Bonds at a place of payment specified in said notice, the said Bonds or the specified portions thereof shall be paid and redeemed by the District at the applicable redemption price, together with accrued interest, if any, to the date fixed for redemption. Upon presentation of any Bond redeemed in part only, the District shall execute and the Trustee, upon the Order of the District, shall authenticate and deliver to the Holder thereof, at the expense of the District, a new Bond or Bonds of such Series, of authorized denominations in aggregate principal amount and stated maturity equal tc the unredeemed portion of the Bond so presented. ARTICLE IV ACQUISITION AND CONSTRUCTION FUND Section 4.1 Deposit of Funds. The District shall deposit with the Trustee all of the proceeds from the sale of each Series of Bonds (including accrued interest on such Series from the date thereof to the date of their delivery to the purchasers).. The Trustee shall thereupon deposit: 000016W1.W51 (i) the amount received as accrued interest on the Bonds and Capitalized Interest, if any, in the Series Interest Account; (ii) an amount equal to the Series Reserve Account Requirement in the Series Reserve Account; (iii) an amount equal to the Costs of Issuance relating to such Series in the Series Cost of Issuance Account; and M -24- 16G 16G (iv) the balance in the Series Acquisit'ion and Construction Account. Section 4.2 Series Acquisition and Construction Account. The District shall establish with the Trustee, and maintain so long as any of the Bonds of a Series are outstanding, a separate account in respect of such "Series (the "Series Acquisition and Construction Account "). The District shall pay to the Trustee, for deposit into such Series Acquisition and Construction Account, as promptly as practicable, the following amounts received by it: (i) the amount set forth in Section 4.1 (iv) (ii) payments made to the District from the sale, lease or other disposition of the Series Project or Additional Series Project or any portion thereof; (iii) the-balance of insurance proceeds with respect to the loss or destruction of the Series Project or any portion thereof; and (iv) such other amounts as may be provided in a Supplemental Indenture. Moneys on deposit in a Series Acquisition and Construction Account may be invested only in accordance with the provisions of Section 5.9 and the income therefrom shall be credited to such Series Acquisition and Construction Fund. Section 4.3 Payments From Series Acquisition and Construction Account. Moneys on deposit in the Series Acquisition and Construction Account shall be used only to pay the Cost of the Series Project or Additional Series Project upon receipt by the Trustee of a requisition in the form of Exhibit A hereto, signed by an Authorized Representative and a certificate of the Consulting Engineer, duly executed. Upon receipt of such requisition and accompanying engineer's certificate the Trustee shall withdraw from the Series Acquisition and Construction Account and pay to the Person named in such requisition the amount designated therein. The Trustee shall have no duty to investigate the accuracy or validity of the documents delivered pursuant to this Section 4.3. Disbursements from the Series Acquisition and Construction Account shall be made by check, voucher, order, draft, certificate or warrant signed by a Responsible Officer of the Trustee or by wire transfer to an account specified by the payee. All 000016W1.W51 -25- 1bG requisitions and engineer's certificates received by the Trustee pursuant to this Section 4.3 shall be retained in the possession of the Trustee, subject at all reasonable times to the inspection of the District, the Consulting Engineer, the Holders of any Bonds of the related Series, and the agents and representatives thereof. Section 4.4 Disposition of Balances in the Series Acquisition and Construction Account. Within 90 days after the Date of Completion of a Series Project, the District shall cause to be submitted to the Trustee a completion certificate of the Consulting Engineer stating that the Series Project or Additional Series Project has been completed in accordance with the plans and specification therefor. The Trustee shall thereupon transfer the balance in the related Series Acquisition and Construction Account not reserved for the payment of any remaining part of the Cost of the Series Project or Additional Series Project to the Series Redemption Account, to be used for the purposes set forth for such Series Account in the related Supplemental Indenture such Series of Bonds. Section 4.5 Series Cost of Issuance Account. The District shall establish with the Trustee a separate account in respect of each Series (the "Series Cost of Issuance Account "). The District shall pay to the Trustee, for deposit into such Series Cost of Issuance Account as promptly as practicable, the amount set forth in Section 4.2(iii). Moneys on deposit in the Series Cost of Issuance Account shall be used only to pay the Costs of Issuance relating to such Series upon the Request of the District setting forth in detail the items of cost, together with accompanying invoices. Any amounts remaining in the Series Cost of Issuance Account after payment of all related Costs of Issuance shall be immediately transferred to the related Series Acquisition and Construction Account upon Request of the District. ARTICLE V ESTABLISHMENT OF SERIES ACCOUNTS AND APPLICATION THEREOF Section 5.1 Limited Obligations. The Bonds of a Series shall be limited and special obligations of the District payable solely from the related Series Trust Estate and shall be a valid claim of the Holders thereof only against such Series Trust Estate. The Bonds shall not constitute a general obligation or indebtedness of the District, the State of Florida, or any political subdivision thereof, within the meaning of the Constitution and laws of Florida. The Bonds shall not constitute either a pledge of the full faith and credit of the District, the 000016W1.WS1 -26- 16 G' State of Florida, or any political subdivision thereof, or a Lien upon any property of the District, the State of Florida, or any political subdivision thereof, other than as provided herein or in the Supplemental Indenture authorizing the issuance of such Bonds. The Bonds shall not, directly or indirectly, obligate the District, the State of Florida, or*any political subdivision thereof, to levy any form of taxation therefor or to make any appropriations for their payment. No Holder or any other Person shall have the right to compel the exercise of any ad valorem taxing power of the District or of any ad valorem taxing power or non -ad valorem special assessment power of any other 15ublic authority or governmental body politic to pay the principal of, or interest, and premium, if any, on the Bonds. Section 5.2. Series Revenue Account. The District shall establish with the Trustee, and maintain so long as any of the Bonds of a Series are outstanding, a separate account in respect of such Series (the "Series Revenue Account "). The District shall assess, impose, establish and collect the Series Pledged Revenues with respect to such Series in amounts and at times sufficient to pay, when due,.the principal of, premium, if any, and interest on such Series. Immediately upon receipt thereof, the District shall deposit all Series Pledged Revenues collected (except Prepayments) into the related Series Revenue Account and all Prepayments into the related Series Prepayment Subac.count of the Series Redemption Account. On the Business Day preceding each Payment Date, the Trustee shall withdraw the proceeds in the Series Revenue Account and shall make the following deposits in the following order of priority: 'W • to the related Series Interest Account,. an amount which, together with other amounts then on deposit therein (less capitalized Interest), -if any, will equal the amount of interest payable on the Bonds of such Series on such Payment Date; (ii)• to the related Series Bond Sinking Fund Account, an amount which, together with other amounts then on deposit therein, if any, will equal'the amount of principal payable with respect to the Bonds of such Series on such Payment-Date; (iiiT•. to the related Series Reserve Account,•'a amount which, together with other amounts ttien on deposit therein, if any, will equal the leries Reserve Account Requirement; and 000016W1. W51 -2.7- 1bG (iv) to the related Series Rebate Account the Rebate Amount, if any, required to be deposited therein pursuant to the related Supplemental Indenture. Unless otherwise paid by the District from other moneys and upon Request of the District, the Trustee shall from time to time withdraw from the Series Revenue Account an amount sufficient to pay, and shall pay, the fees and costs of the Trustee, the Bond Registrar and the Paying Agent, as set forth in such Request. Subject to the provisions of Section 6.7, if the amount on deposit in the Series Interest Account, the Series Bond Sinking Fund Account and the Series Prepayment Subaccount of the Series Redemption Account, in each Bond Year equals the aggregate amount of interest, principal and redemption price, due and payable in such Bond Year,.then any amounts remaining in the Series Revenue Account shall be transferred to the Series Optional Redemption Subaccount of the Series Redemption Account, unless otherwise indicated in the related Supplemental Indenture. Section 5.3 Series Interest Account. The District shall establish with the Trustee, and maintain so long as any of the Bonds of a Series are outstanding, a separate account in respect of such Series (the •Series Interest Account "), the proceeds in which shall be transferred by the'Trustee to the Paying Agent and used by the Paying Agent to pay, when due, the interest on the Bonds of such Series. Section 5.4 Series Bond Sinking Fund Account The District shall establish with the Trustee, and maintain so long as any Bonds of a Series are outstanding, a separate account in respect of such Series (the "Series Bond Sinking Fund Account "), the proceeds in which shall be transferred by the Trustee to the Paying Agent and used by the Paying Agent to pay, when due, the principal amount of the Bonds of such Series. Section 5.5 Series Reserve Account. The District shall establish with the Trustee, and maintain so long as any of the Bonds of a Series are outstanding, a separate account in respect of such Series (the "Series Reserve Account "), in which shall be maintained at all times-an amount equal to the Series Reserve Account Requirement. Moneys on deposit in the Series Reserve Account shall be'used to make up any deficiencies in the related Series Interest Account and Series Bond Sinking Fund Account, in such order. The Trustee shall promptly transfer any monies on deposit in the Series Reserve Account in excess of the Series Reserve Account Requirement 000016W1 . W51 -28- 1 (after any deficiencies in the related Series Interest Account and Series'Bond Sinking Fund Account are made up) to the related Series Optional Redemption Subaccount of the Series Redemption Account. Section 5.6 series Rebate Account. The District shall establish, and maintain so long as any Tax Exempt Bonds of a Series are outstanding, a separate account with respect to such Series (the "Series Rebate Account ") shall not be subject to the Lien created by this Indenture. The Trustee shall pay to the District, upon Request of the District, the Rebate Amount required to be paid to the United-States at the times, in the manner and as calculated in accordance with the related Supplemental Indenture. The District shall cause the Rebate Amount to be calculated by the Rebate Analyst and to deliver such computation to the Trustee as provided in the related Supplemental Indenture prior to the date of any required payment of the Rebate Amount. The fees of, and expenses incurred by, the Rebate Analyst in computing the Rebate Amount shall be paid by the District, which amount shall be treated as an administrative and operating expense of the District payable or reimbursable from the Series Revenue Account in accordance with the last paragraph Section 5.2. If the Trustee does not have on deposit in the Series Rebate Account sufficient amounts to make the payments required by this Section 5.6, the District shall pay, from any legally available source, the amount of any such deficiency to the United States as provided in the last paragraph of Section 5.2. The Trustee shall have no responsibility for the computation of the Rebate Amount. Section 5.7 Series Redemption Account. The District shall establish with the Trustee, and maintain so long as any of the Bonds of a Series are outstanding, a separate account irl' respect of -such Series (the "Series Redemption Account ") which.shall consist of a prepayment subaccount (the "Series Prepayment Subaccount ") and an Optional redemption subaccount (the "Series Optional Redemption Subaccount "). The proceeds in the Series Optional Redemption Subaccount and, when all such proceeds shall have been withdrawn, the proceeds in the Series Prepayment Subaccount shall be withdrawn by the Trustee and used first to make up any deficiencies in the Series Interest Account and the Series Bond Sinking Fund Account, in such order, if there are no funds on deposit in the related Series Reserve Account, and secondly, to redeem the Bonds in accordance with the provisions of Article III and as may be provided in the related Supplemental Indenture. Section 5.8 Payment to Dist 1 r, When no Bonds of a Series remain Outstandin g, and after all 000016Hl . Ksl _29- 16G expenses and charges herein and in the related Supplemental Indenture required'to be paid have been paid as certified to the Trustee in writing by an Authorized Representative, the Trustee shall pay any balance in the Series Accounts for such Series of Bonds to the District upon Request thereof, free and clear of any Lien and pledge created by this Indenture; provided, however, that if an Event of Default has occurred and is continuing in the payment of the principal, or interest or premium on the Bonds of any other Series, the Trustee shall pay over and apply any such excess pro rata (based upon the ratio of the aggregate principal amount of such Seriee to the aggregate principal amount of all Series Outstanding and for which such an Event of Default has occurred and is continuing) to each other Series of Bonds for which such an Event of Default has occurred and is.continuing. Section 5.9 Investment of Funds. Unless otherwise provided in the Supplemental Indenture authorizing the issuance of a Series of Bonds, moneys held for the credit of the Series Accounts shall, as nearly as may be practicable, be continuously invested and reinvested by the Trustee in Investment Obligations as directed by a statement of the District confirmed in writing, which Investment Obligations shall mature, or shall be subject to redemption by the holder thereof at the option of such holder, not later than the respective dates on which moneys held for the credi.t of each such Series Account will be required for the purposes intended. Investment Obligations purchased as an investment of moneys in any Series Account shall be deemed at all times to be a part of such Series Account, and the interest accruing thereon and profit realized from such investment shall be credited as provided in the following paragraph. Any loss resulting from such investment shall be charged to such Series Account. The Trustee shall sell at the best price obtainable or present for redemption any obligations so purchased whenever it shall be necessary so to do in order to provide moneys to meet any payment or transfer from any such Series Account. The Trustee shall not be liable or responsible for any loss resulting from any such investment or for failure to make an investment (except failure to make an investment in accordance with the Request of the District) or for failure to achieve the maximum possible earnings on investments. Unless provided otherwise in the related Supplemental Indenture, earnings on investments in a Series Account (other than a Series Reserve Account) shall be used for the purpose of such Series Account. Earnings on investments in a Series Reserve Account shall be disposed of as follows: (a). if there shall not have been any deficiency in the Series Reserve Account as of the most 000016w1.wsl -30- 16G recent date on which amounts on deposit in the Series Reserve Account were valued by the Trustee, and if no withdrawals shall have been made from the Series Reserve Account since such date, then earnings on investments in the Series Reserve Account shall be deposited, as realized, in the Series-Revenue Account; (b) if as of the last date on.which amounts on deposit in the Series Reserve Account were:.valued by the Trustee there shall have been a deficiency in the Series Reserve Account, or if after such date withdrawals shall have ?peen made from the Series Reserve Account and shall have created such a deficiency, then earnings on investments in the Series Reserve Account shall be deposited in'the Series Reserve Account until the amount on deposit therein equals the Series Reserve Account Requirement and thereafter shall be deposited in the Series Revenue Account. Section 5.10 Trust Funds. All amounts on deposit in a Series Account for the benefit of the related Series of Bonds shall be: (a) used only for the purposes and in the manner herein and in the Supplemental Indenture relating to.such Series of Bonds and, pending such application, shall be held by the Trustee in trust for the benefit of the Holders of such Series of Bonds; (b) irrevocably pledged to the payment of such Series of Bonds, except for amounts on deposit in the Series Rebate Account; (c) held and accounted for separately and apart from all other Series Accounts established in respect of other Series of Bonds, and other funds and accounts of the Trustee and the District; and (d) subject to a first Lien in favor of the Holders of such Series of Bonds and any pari passu obligations to issuers of credit or liquidity facilities with respect to such Series of Bonds, which Lien is hereby created, prior and superior to all other Liens now existing or hereafter created, and, to the Lien in favor of the Trustee described in Section 6.7. 0oo016w1.w51 - 31 - 16G ARTICLE VI THE TRUSTEE Section 6.1 Certain Duties and Responsibilities. Default, (a) Except during the continuance of an Event of (i) the Trustee undertakes to perform such duties, and only such duties, as are specifically set forth in this Indenture, and no implied covenants or obligations shall be read into this Indenture against the Trustee; and (ii) in the absence of bad faith on its part, the Trustee may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the Trustee and conforming to the requirements of this Indenture; but in the case of any such certificates -or opinions which by any provision hereof are specifically required to be furnished to the Trustee, the Trustee shall be under a duty to examine the same to determine whether or not they conform to the requirements of this Indenture. (b) In case an Event of Default has occurred and is continuing, the Trustee shall exercise such of the rights and powers vested in it by this Indenture, and use the same degree of care and skill in their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs. (c) No provision of this Indenture shall be construed to relieve the Trustee from liability for its own negligent action, its own negligent failure to act, or its own wilful misconduct, except that (i) this subsection shall not be construed to limit the effect of subsection (a) of this Section 6.1; (ii)' . the Trustee shall not be liable for any error of judgment made in good faith by a Responsible Officer; unless it shall be proved that the Trustee was negligent in ascertaining the pertinent facts; 000016w1.ws1 -32- 16G (iii) the Trustee shall not be liable with respect to any.action taken or omitted to be taken by it in good faith in accordance with the direction of the Holders of a majority in face amount of the Outstanding Bonds relating to the time, method and place of conducting any proceeding for any remedy available to the Trustee, or exercising any trust or power conferred 4pon the Trustee, under this Indenture; and (iv) no provision of this Indenture shall require the Trustee to expend, advance or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder, or in the exercise of any of its rights or powers, if it shall have reasonable grounds for believing that repayment Of such funds or adequate indemnity against such risk or liability is not reasonably assured to it. (d) Whether or not therein expressly so provided, every provision of this Indenture relating to the conduct or affecting the liability of or affording protection to the Trustee shall be subject to the provisions of this Section 6.1. Section 6.2 Notice of Defaults Within 90 days after the occurrence of any default hereunder, the Trustee shall give to Holders notice of such default hereunder of which a Responsible Officer has received oral or written notice, unless such default shall have been cured or waived; provided, however, that, except in the case of a default in the payment of the principal or interest on any Bond, the Trustee shall be protected in withholding such notice if and so long as the board.of directors, the executive committee or a trust committee of directors or Responsible Officers of the Trustee in good faith determine that the withholding of such notice is in the interest of the Holders; and provided, further, that in the case of any default of the character specified in Section 8.2(g) no such Holders shall be given notice until at least 30 days after the occurrence thereof. For the purpose of this Section 6.2, the term "default" means any event which is, or after the giving of notice or lapse of time or both would become, an Event of Default. 000016wl.wsl -33- 16G Section 6.3 Certain Rights of Trustee. Subject to the provisions of Section 6.1: (a) the Trustee may rely and shall be protected in acting or refraining from acting upon any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture, note, other evidence of indebtedness or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or parties; (b) any request or direction of the District mentioned herein shall be sufficiently evidenced by a Request or Order'a,nd any resolution of the Governing Body may be sufficiently evidenced by a copy thereof certified by an Authorized Representative; (c) whenever in the administration of this Indenture the Trustee shall deem it desirable that a matter be proved or established prior to taking, suffering or omitting any action hereunder, the Trustee (unless other evidence be herein specifically prescribed) may, in the absence of bad faith on its part, rely upon a Certificate of the District; (d) the Trustee may consult with counsel and the advice of such counsel or any opinion of counsel shall be full and completes. authorization and protection in respect of any action taken, suffered or omitted by it hereunder in good faith and in reliance'thereon; (e) the Trustee shall be under no obligation to exercise any of the rights or powers vested in it by this Indenture at the request or direction of any of the Holders pursuant to this I•hdenture'; 'unless such Holders shall have offered to the Trustee security'or indemnity deemed satisfactory by the Trustee in its reasonable opinion against the costs, expenses and liabilities which might be incurred by it in compliance with such request or direction; (f) the Trustee shall not be bound to make any investigation into the facts or matters stated in any resolution, certificate, statement, instrument, opinion, report, notice, request, direction, consent, order, bond, debenture, note, other evidence of indebtedness or other paper or document, but the Trustee, in its discretion, may make such further inquiry or investigation into such facts or matters as it may see fit, and, if the Trustee shall determine to make such further inquiry or investigation, it shall be entitled to examine the books, records and 000016w1.w51 -34- 16G premises of the District, personally or by agent or attorney and to attend and give its opinion at the meetings of the Board of Directors of the District; and (g) the Trustee may execute any of the trusts or Powers hereunder or perform any duties hereunder either directly or by or through agents or attorneys and the Trustee shall not be responsible for any misconduct or negligence on the part of any agent or attorney appointed. with due care by it hereunder. Section 6.4 Not Responsible for Recitals or Issuance of Bonds. The recitals contained herein and in the Bonds, except the Trustee's certificate of authentication, shall be taken as the statements of the District, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of this Indenture or the Bonds. The Trustee shall not be accountable for the use or application by the District of Bonds or the proceeds thereof. Section 6.5 May Hold Bonds. The Trustee or the*Bond Registrar or any other agent of the District, in its individual or any other capacity, may become the owner or pledgee of Bonds may otherwise deal with the District with the same rights it would have if it were not Trustee or Bond Registrar or such other agent. Section 6.6 Monev Held in Trust. Money held by the Trustee in trust hereunder need not be segregated from other funds except to the extent required by law. The Trustee shall be under no liability for interest on, or to invest, any money received by it hereunder except as otherwise agreed in writing with the District. Section 6.7 Compensation and Reimbursement. The District agrees (i) to pay to the Trustee from time to time such compensation, including, without limitation, its annual administrative fee, as shall be agreed upon in writing for all services rendered by it'hereunder (which compensation shall not be limited by any provision of law in regard to the compensation of a trustee of an express trust); (ii) except as otherwise expressly provided.herein, to reimburse the Trustee upon its request for all reasonable expenses, 000016w1.w51 -35- 16G disbursements and advances incurred or made by the Trustee in accordance with any provision of this Indenture (including the reasonable compensation and the expenses and disbursements of its agents and counsel), except any such expense, disbursement or advance as have been determirYM to be attributable solely to its negligeriee or bad faith; and to indemnify the Trustee and its directofs, officers, employees and agents for, and to hold them harmless against, any loss, liability or expense incurred without negligence or bad faith on their part, arising out of or in connection with the acceptance or administration of this trust or their duties and obligations hereunder, including the costs and expenses of defending against or investigating any claim or liability in connection with the exercise or performance of any of their powers or duties hereunder (including the reasonable fees and expenses of their legal counsel). 'As security-for the performance of the obligations of the District under this Section 6.7, the Trustee'shall have a Lien prior to the Bonds as to all property and fundeiheld or collected by the Trustee as such, except with'.respect to funds held in trust for the benefit of the Holders of Bonds. Section 6.8 • Corporate Trustee Required Eligibility: The Trustee -with respect to each Series of Bonds shall, at al-l'-times be a corporation organized and doing •business -uh der the. laws of the United States or of any State, authorized urrd�!-r, such laws to exercise corporate trust powers, having •a combined 'capital and surplus of at least $50,000,000',' ,subject 't4•supervision or examination by Federal or State authority, and having an office in the State of- Florida. If such corporation publishes reports of condition at least annually, pursuant to law or to the requirements of a Federal or State, supervising or examining authority,'then for the purposes of this Section 6.8, the combined capital and surplus of such corporation' shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. If at any time the Trustee shall cease to be eligible in accordance with the provisions of this Section 6.8, it shall resign immediately in the manner and with the effect hereinafter specified in this Article VI. 000016w1.ws1 -36- 16G Section-6.9 Resicrnation and Removal Appointment of Su ibesso. (a) No resignation or removal of the Trustee and no appointment of a successor Trustee pursuant to this Article VI shall become effective until the acceptance of appointment by the successor Trustee under Section 6.10. (b) The Trustee may resign at any time by giving written notice thereof to the District. If an instrument of acceptance by a successor Trustee shall not have been delivered to the Trustee within 30 days after the giving of such notice of resignation, the resigning Trustee may petition any court of competent jurisdiction for the appointment of a successor Trustee. (c) The Trustee may be removed (i) at any time by the Holders of.a majority in aggregate principal amount of-the Outstanding Bonds, or (ii) at any time other than during the existence of an Event of Default, by the District pursuant to a resolution of the Governing Body. (d) If at any time: (i) the Trustee shall cease to be eligible under-Section-6-8 and shall fail to resign after written request therefor by the District or by any such Holder, or (ii) the Trustee shall become incapable of acting or shall be adjudged a bankrupt or insolvent or a receiver of the Trustee or of its property shall be appointed or any public officer shall take charge or control of the Trustee or of its property or affairs for the purpose of rehabilitation, conservation or liquidation, then, in any such case, (i) the District by a resolution of the Governing Board may remove the Trustee, or (ii) any Holder who has been a bona fide Holder of a Bond for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction for the removal of the Trustee and the appointment of a successor Trustee. (e) If the Trustee shall resign, be removed or become incapable of acting,-or if a vacancy shall occur in the office of Trustee for any cause, the District, by a resolution of the Governing Body, shall promptly appoint a successor Trustee. If, within one year after such resignation, removal or incapability, or the occurrence of such vacancy, the District shall not have appointed a 000016Wi.W51 -37- 16G successor Trustee,• themn a successor Trustee shall be appointed by Holders of a majority in aggregate principal amount of the Outstanding Bonds delivered to the District and the retiring Trustee, the successor Trustee so appointed shall, forthwith upon its acceptance of such appointment, become the successor Trustee and supersede the successor Trustee appointed by the District. If no successor Trustee shall have been so appointed by the District or the Holders and accepted appointment in the manner hereinafter providedd, any Holder who has been a bona fide Holder of a Bond for at least six months may, on behalf of himself and all others similarly situated, petition any court of competent jurisdiction for the appointment of a successor Trustee. (f) The District shall give notice of each resignation and each removal of the Trustee and each appointment of a successor Trustee to all Holders. Each notice shall include the name of the successor Trustee and the address of its Corporate Trust Office. Section 6.10 Acceptance of Appointm Successor. Every successor Trustee appointed hereunder shall execute, acknowledge and deliver to the District and to the retiring Trustee an instrument accepting such appointment, and thereupon the resignation or removal of the retiring Trustee shall become effective and such successor Trustee, without any further act, deed or conveyance, shall become vested with all the rights, powers, trusts and duties of the retiring Trustee; but, on request of the District or the successor Trustee, such retiring Trustee shall upon payment of its charges, execute and deliver an instrument transferring to such successor Trustee all the rights, powers and trusts of the retiring Trustee and shall duly assign, transfer and deliver to such successor trustee all'.property and -money held by such retiring Trustee-hereunder, subject nevertheless to its Lien, if any provided for in Section 6.7. Upon request of any such successor Trustee, the District shall execute any and all instruments for more fully and certainly vesting in and confirming to such successor Trustee all such rights, powers and trusts. No successor Trustee shall accept its appointment unless at the time of such acceptance such successor Trustee shall be qualified and eligible under this Article VI. Section 6.11 Mercrer or COnRnI ; rear ; �„ Any corporation into which the Trustee may be merged or with which it may be consolidated, or any corporation resulting from'any merger or consolidation to which the Trustee shall 000016W1 . W51 -38- 16G be a party, or any,corporation succeeding to all or substantially all of the corporate trust business of the Trustee, shall be the successor of the Trustee hereunder, provided such corporation shall be otherwise qualified and eligible under this Article VI, without the execution or filing of any paper or any further act on the part of any of the parties hereto. In case any Bonds shall have been authenticated, but not delivered, by the Trustee then in office, any successor by merger or consolidation to such authenticating Trustee may adopt such authentication and deliver the Bonds so authenticated with the same effect as if such successor Trustee had itself authenticated such Bonds. ARTICLE VII COVENANTS AND REPRESENTATIONS Section 7.1 Payment of Bonds. The District shall duly and punctually pay or cause to be paid, but only from the Series Trust Estate with respect to each Series of Bonds, Debt Service on the dates, at the places, and in the amounts stated herein, in any Supplemental Indenture, and in the Bonds of such Series. Section 7.2 Further Assurance. At any and all times the District shall, so far as it may be authorized by law, pass, make, do, execute, acknowledge and deliver, all and every such further resolutions, acts, deeds, conveyances, assignments, transfers and assurances as may be necessary or desirable for the better assuring, conveying,' granting, assigning and confirming all and singular the rights, moneys, securities and funds hereby pledged or assigned, or intended so to be, or which the District may become bound to pledge or assign after the date of execution of this Indenture. Section 7.3 Power to Issue Bonds and Create a Lien. The District hereby represents to the Trustee and to the Holders that it is and will be duly authorized under all applicable laws to issue the Bonds of each Series, to execute this Indenture, to adopt Supplemental Indentures, and to pledge its moneys, securities and funds in the manner and to the extent provided herein. Except as provided herein, the District hereby represents that such moneys, securities and funds of the District are and will be free and clear of any Lien thereon and all action on the part of the District' to that end has been and will be duly and validly taken. The Bonds of each Series, this Indenture and any Supplemental Indenture are and will be the valid and legally enforceable obligations of the District, enforceable in accordance with their terms except to the extent that enforcement thereof may be subject to 000016w1. w51 -39- 16G bankruptcy and other similar laws affecting creditors, rights generally.' The District shall at all times, to the extent permitted by law, defend, preserve and protect the pledge and Lien created by this Indenture and all the rights of the Trustee and the Holders hereunder against all claims and demands of all other Persons whomsoever. Section 7.4 Power to Underr ake Series Proi its and Eo Co 1 ct Pledged Reven„pa. The District has or will have.upon the date of issuance of each Series of Bonds, and will have so long as such Bonds are outstanding, good right and lawful power: (a) to undertake the Series Projects, or it will take such action on its part required which it deems reasonable in order to obtain licenses, orders, permits oi- other authorizations, if any, from any agency or regulatory body having 'awful jurisdiction which must be obtained in order to undertake such Series Project; and (b) to fix, levy and collect or cause to be collected the Series Assessments and any and all Series Pledged Revenues. Section 7.5 Sale of Series Projects. The District covenants that, until such time as there are no Bonds of a Series outstanding, it will not sell, lease or otherwise dispose of or encumber the related Series Project or any part thereof other than as provided herein. The District may, however, from time to time, sell any machinery, fixtures, apparatus, tools, instruments, or other movable property acquired by the District in connection with a Series Project, or any materials used in connection therewith, if the District shall determine that such articles are no longer needed or are no longer useful in connection with the acquisition, construction, operation or maintenance of a Series Project, and the proceeds thereof may be applied to the replacement of the properties so sold or disposed of and, 'if-not so applied, shall be deposited to the credit of the related Series Acquisition and Construction Account. The District may from time to time sell or lease such other property forming part of a Series Project which it may determine is not needed or serves.no•useful purpose in connection with the maintenance and operation of such Series Project; the proceeds of any such sale shall be disposed of as hereinabove provided for the proceeds of the sale or disposal of movable property. Unless otherwise provided for in the Supplemental Indenture relating to a Series of Bonds, the proceeds of any lease as described above shall be deposited in the related Series Bond Sinking Fund Account. Notwithstanding the foregoing, the District may: (i) dispose of a'll or any part of a Series Project, other than a Series Project the revenues to be derived from the operation of-which are pledged to a Series of Bonds, by 000016wi -W51 -40- 16G gift or dedication thereof to Collier County, Florida or to the State or any agency or instrumentality of either of the foregoing; and /or (ii) impose, declare or grant title to or interests in the Series Project or a portion or portions thereof in order to create ingress and egress rights and public and private utility easements as the District may deem ,necessary or desirable for the development, use and occupancy of the property within the District as permitted by law; and /or (iii) impose or declare covenants, conditions and restrictions pertaining to the use, occupancy and operation of the Series Project. Section 7.6 Series Accounts and Reports. (a), Annual Report. The Trustee shall, within ninety (90) days after the close of each Fiscal Year so long as any Bonds are Outstanding, file with the District a summary with respect to each Series Account of the deposits thereto and disbursements therefrom during such Fiscal Year and the amounts held therein at the end of such Fiscal Year, or at the option of the District, such summary can be made on a monthly basis. (b) No Default Certificate. The District shall file with the Trustee, so long as any Bonds are Outstanding, within ninety (90) days after the close of each Fiscal Year, a certificate of an Authorized Representative stating whether or not, to the knowledge of the signatory, the District is in default with respect to any of the covenants, agreements or conditions on its part contained.in this Indenture and in any Supplemental Indenture and, if so, the nature of such default and actions taken or to be taken to remedy such default. (c) Inspection. The reports, statements and other documents required to be furnished by' the District to the Trustee and by the Trustee tc the District pursuant to any provisions hereof shall bo� available for inspection by any Holder at the designated corporate trust office of the Trustee upon the giving of at least five (5) days advance written notice to the Trustee. Section 7.7 Arbitrage and O her Tax Cov an s. The District will not take or omit to take any action with respect to the investment of.the proceeds of any Tax Exempt Bonds issued under this Indenture which would cause the Tax Exempt Bonds to'become "arbitrage bonds" within the meaning of Section 148 of the Code. The District further covenants 000016W1.W51 -41- 16G that it will take all such actions after delivery of any Tax Exempt Bonds as may be required in order for interest on such Tax Exempt, Bonds to remain excludable from gross income (as defined in Section 61 of the Code) of the Holders. Without limiting the generality of the foregoing, the District hereby covenants that it will, to the extent not remitted by the Trustee,-remit to the United States the Rebate Amount at the time and place required by this Indenture and any Supplemental Indenture. Section 7.8 Enforcement o Series Assessments The District will assess, levy, collect or cause to be collected and enforce the payment of Series Assessments which constitute Series Pledged Revenues for the payment of any Series of Bonds in the manner prescribed by this Indenture, any Supplemental Indenture and all resolutions, ordinances or laws thereunto appertaining at times and in amounts as shall be necessary in order to pay, when due, the principal of and interest on the Series of Bonds to which such Series Pledged Revenues are pledged; and to pay or cause to be paid the proceeds of such Series Assessments as received to the Trustee in accordance with the provisions hereof. Section 7.9 . Method of Collection of Series Assessments. Pursuant to the procedures set forth in Section 197.3632, Florida Statutes (1995) and Rule 12D -18, Florida Administrative Code, the District will use its best efforts to negotiate and enter into a written agreement (the "Collection Agreement ") wi-th the Property Appraiser and the Tax Collector regarding the levy, collection and enforcement of the Series Assessments in accordance: with the uniform method.. The District will use its best efforts to elect to use the uniform method for levy, collection and enforcement for any.-non-ad valdrem special assessments that are part of the Series Assessments pledged to secure a Series of Bonds so'that such special assessments are collected by the Tax Collector on the official tax notice with property taxes under Section 157.3635, Florida Statutes (1995) and Rule 12D -18, Florida Administrative Code. If the District is unable to use the uniform method Of levy, collection and enforcement, the District covenants that the Series Assessments will be levied and collected by it in any alternative manner prescribed or authorized by law. The District shall use its best efforts to cause the Property Appraiser to include the Maintenance Special Assessments and.Benefit Special Assessments which are pledged to the payment of any,Series of Bonds in the assessment roll to be delivered to the Tax Collector, and shall cause the Tax Collector'to include such assessments in the tax notice issued pursuant to Section 197.322, Florida Statutes (1995). The District shall, promptly 000016W1.W51 -42- 16G following its receipt of each installment of Series Assessments paid to it by the Tax Collector, remit the entire amount so collected to the Trustee for deposit into the related Series Revenue Account. The District agrees to give such consents and to take such other steps as may be authorized by law and necessary to permit the Trustee, in its discretion, to obtain information from the Tax Collector concerning the amount and date of each payment of Series Assessments to'the District. Section 7.10 Deli nczuenr Series Assessmen 4. If the owner of any lot or parcel of land shall be delinquent in the payment of any Series Assessment (that is the lienable non -ad valorem special assessment portion thereof) pledged to a Series of Bonds, then such Series Assessment shall be collected and enforced as to delinquency pursuant to any legally authorized methodology available to the District, including, the uniform collection methodology in Section 197.3632, Florida Statutes (1995), and Rule 12D -18, Florida Administrative Code, or the alternative "tax roll" procedure for maintenance and benefit special assessments under Sections 190.021(2)(3), Florida Statutes (1995) so that the :sale of tax certificates and tax deeds will be available to enforce against the delinquent levies. The District may also pursuant to Section 197.3631, Florida Statutes (1995), contract with the Tax Collector to collect non -ad valorem special assessments on a separate bill but with enforcement through equity foreclosure in circuit court by the District or its agent at the decision of the District. In the event any of the applicable provisions of Chapter 197, Florida Statutes (1995) are inapplicable, then, upon the delinquency of any non -ad valorem special assessment which is part of the Series Assessment, the District, either on its own behalf or through the actions of the Trustee, may, but is not obligated to, declare the entire unpaid balance of such Series Assessment (including any applicable non -ad valorem special assessments) to be due and payable, and at its own expense, cause any such delinquent property liens to be foreclosed in the same method now or hereafter provided by law for the foreclosure of mortgages on real estate, or pursuant to the provisions of Chapter 173, Section 190.026, Florida Statutes (1995) and Section 170.10, Florida Statutes (1995) or otherwise as provided by law. The District further covenants to furnish, at its expense, to the Trustee and any Holder of Bonds of the related Series so requesting, sixty (60) days after the due dare of each annual installment, a list of all delinquent Series Assessments, together with a copy of the District's annual audit and a list of foreclosure actions currently in progress and the current status of such delinquent non -ad valorem special assessments that are part of the "Series Assessments." 000016W1.W51 -43- 16G Section-,7,11 Deposit of Proceeds from Sale of Tax Certificates. If any tax certificates relating to delinquent non -ad valorem special assessments which are part of the Series Assessments which are pledged to a Series of Bonds -, sold -by'the Tax Collector pursuant to the provisi-is or Section 197.432, Florida Statutes (1995) and Mule 12D -13,' Florida Administrative Code, or if any such tax certificates are not sold but are later redeemed, the proceeds of such sale dr. redemption (to the extent that such proceed:, relate to the' Series Assessments) less any commission and other.ch.arges, fees and costs retained by the Tax Collector, shall, if paid by the Tax Collector to the District, be paid by the District to the Trustee not later than one Business Day following receipt of such proceeds by the District a-nd shall be deposited by the Trustee to the credit of the related Series Revenue Account, or as provided in the Supplemental Indenture relating to a Series of Bonds. Section 7,12 Sale of Tax Deed or Foreclosure of Assessment. If any property shall be offered for sale for the nonpayment of the non -ad valorem special assessments portions of any Series Assessment which is pledged to a Series-of Bonds, and no Person or Persons shall purchase such property for an amount equal to the full amount due on such portion of Series Assessment (principal, interest, penalties and costs, plus attorneys' fees, if any), the 'District may purchase the property for an amount equal to the balance due on such portion of the Series Assessment (principal, interest, penalties and costs, plus attorneys' fees., if any), from any.legally available funds of the District and the District shall receive in its corporate came title to the property for the benefit of the Holders of the Series-of.-Bonds' to which such portion of Series Assessment was,.pl6dged. The District, either through its own actions, or.,actions caused to be taken through the Trustee, shall-have the power and shall lease or sell such property, and .deposit all of the net proceeds of any such lease or sale 'into the related Series Revenue Account. Not less than ten days prior to the filing of an }' foreclosure action as herein4ft "er provided, the District shall cause written notice thereof to be mailed to the Trustee and any designated'agents-of the Holders of the related Series of Bonds or as provided.in the Supplemental Indenture relating to such Series of, Bonds. Not less than 30 days prior to the proposed sale of any lot or tract of land acquired by foreclosure by the District, it shall give written notice thereof to the 'trustee and any designated agent of the Holders of the related Series of Bonds. The District, either through its own actions, or actions caused to be taken through the Trustee, agrees that it shall be required to take the measures provided by law for sale of property 000016wi.wsl -94- 16G acquired by it as trustee for the Holders of the related Series of Bonds within 30 days after the receipt of the request therefor signed by the Trustee or the Holders of at least fifteen percent (15 %) in aggregate principal amount of the Outstanding Bonds of such Series. Section 7.13 Other Obligations Pavable from Series Assessments. The District will not issue or incur any obligations payable from the proceeds of Series Assessments or the Series Trust Estate securing a Series of Bonds (other than such related Series of Bonds) nor voluntarily create or cause to be created any debt, Lien, pledge, assignment, encumbrance or other charge upon such Series Assessments other than the Lien of the related Series of Bonds except for fees, commissions, costs, and other charges payable to the Property Appraiser or to the Tax Collector pursuant to Florida law or amounts payable to the Trustee and any issuer of a credit facility or a liquidity facility. Section 7.14 Reassessments. If any Series Assessment shall be either in whole or in part annulled, vacated or set aside by the judgment of any court, or if the District shall be satisfied that any such Series Assessment is so irregular or defective that it cannot be enforced or collected, or if the District shall have omitted to make such Series Assessment when it might have done so, the District shall either: (i) take all necessary steps to cause a new Series Assessment to be made for the whole or any part of such improvement or against any property benefitted by such improvement; or (ii) in its sole discretion, make up the amount of such Series Assessment from legally available moneys, which moneys shall be deposited into the related Series Revenue Account. In case any such subsequent Series Assessment shall also be annulled, the District shall obtain and make other Series Assessments until a valid Series Assessment shall be made. Section 7.15 Completion and Maintenance of Series Projects. The District shall complete the acquisition and construction of a Series Project with all practical dispatch and in a sound and economical manner. So long as any Series Project is owned by the District, the District shall maintain, preserve and keep the same or cause, the same to be maintained, preserved and kept, with the appurtenances and every part and parcel thereof, in good repair, working order and condition, and shall from time to time make, or cause to be made, all necessary and proper repairs, replacements and renewals so that at all times the operation thereof may be properly and advantageously conducted. 000016W1.W51 -45- 16G Section 7.16 Continuing Disclosure. (a) The District shall provide the following information to each NRMSIR: (a)' within 160 days after the end of each Fiscal ...Year of the District and to the extent available, the audited financial statements of the District for such Fiscal Year prepared in accordance with generally accepted governmental accounting principles, as modified by applicable State of Florida requirements and governmental accounting standards promulgated by the Government Accounting Standards Board; (b) within 180 days after the end of each Fiscal Year of the District, financial information and operating data with respect to each Series of Bonds: (i) the balance in all Series Accounts established with respect to such Series; (ii) the assessed value of the District Land, if available; provided, however, that the District may rely upon the records of the Property Appraiser for such information; 4iii) e levied on the DistrictLand ,1n o ascertifiedAbyetheents District to the Tax Collector, during such Fiscal Year; (iv.). the amount of Pledged Series Revenues collected during such Fiscal Year; (v) the amount of Assessments during such Fiscal Year, ifgavailable; (vi) the dollar amount of tax certificates -in respect of Series Assessments during such Year, if available; (vii) a schedule of Debt Service for the remaining term of the Series; (viii) the percentage of the Series 'Project that has been completed with the proceeds of the Series of aonds as of such Fiscal Year; and (ix) any materially adverse change or determination in any permit or approval relating to the Series Project. 000016W1.W51 -46- 16G (c) in a timely manner, notice of any of the following events, if material: (i) any principal and interest payment delinquency on such Series; any nonpayment default of such Series; any unscheduled draws on the Series Reserve Account reflecting financial difficulties; (iv) any unscheduled draws on any credit enhancement reflecting financial difficulties; (v) any substitution of credit or liquidity providers or their failure to perform; (vi) any adverse tax opinions or events affecting the tax - exempt status of the Series; (vii) any modification to the rights of Holders; (vii'i) any calls on the Bonds of such series (other than mandatory sinking fund or extraordinary redemption); (ix) any defeasance of such Series; (x) any release, substitution or sale of any item'of the related Series Trust Estate; (xi) any change in the rating of the Series; and (xii) any failure on the part of the District to comply with the requirements of clause (a) or (b) above. ARTICLE VIII EVENTS OF DEFAULT AND REMEDIES Section 8.1 Extension of Interest Payment. If the time for payment of interest of a Bond of any Series shall be extended, whether or not such extension be by or with the consent of the District, such interest so extended shall not be entitled in case of default hereunder to the benefit or security of this Indenture unless the aggregate principal amount of all Bonds of such Series then Outstanding and of all accrued interest the time for 000016W1.W51 -47- a 16G-q payment of which shall not have been extended shall have previously been paid in full. Section 8.2 Events of De aial Each of the following events is hereby declared an Event of Default with, respect to a Series of Bonds: ( Series of Bonds shall �not a eemadefwhentdue; ore on such (b) The District shall for any reason be rendered incapable of fulfilling its obligations hereunder or under the Supplemental Indenture relating to such Series of Bonds; or (c)• The District admits in writing its inability to pay i -ts debts generally as they become due, or files a petition in bankruptcy or makes an assignment for the benefit of its creditors or consents to the appointment of a receiver or trustee for itself or for the whole or any part:of a related Series Project; or (d) The District is adjudged insolvent by a .court of competent jurisdiction, or is adjudged a bankrupt on a petition in bankruptcy filed against the District, or an order, judgment or decree be entered by any court of competent jurisdiction appointing, without the consent of the District, a receiver or trustee of the District or of t'he whole or any part of its property and if the aforesaid adjudications, orders, judgments or decrees shall not be vacated or set aside or stayed within 90 days from the date af. entry thereof; or (e) The District shall file•a petition or answer seeking regrganization,or any arrangement under the Federal bankruptcy'laws'or any other applicable law or statute of the United States of America or any state thereof; or ) for the relief or aid nofrdebtor provisions s, anycourrt ofy competent w jurisdiction shall - assume custody or control of the District's assets or any part thereof, and such custody or control shall not be terminated within 90 days from the date of assumption of'such custody or control; or (g) The District shall default in the due and punctual performance of any of the covenants, conditions, agreements and provisions contained in the Bonds'of such Series or in this Indenture or in the Supplemental Indenture relating to such Series of Bonds on the part of the District to be performed (other than a 000016W1.w51 —48— 16G default in the payment of Debt Service on the related Series of Bonds when due, which is an Event of Default under subsection (a) above, and other than a default in the performance of the obligations under Section 7.16) and such default shall continue for 30 days after written notice specifying such default and requiring same to be remedied shall have been given to the District by the Trustee or, if the Trustee is unwilling or unable to act, by Holders of not less than ten per centum (10k) in aggregate principal amount of the Bonds of such Series then Outstanding. Section 8.3 Acceleration of Maturities of Bonds of a Series. Upon the occurrence and continuance of any Event of Default specified in clauses (a) through (f) of Section 8.2 with respect to a Series of Bonds, the Trustee shall, upon written direction of the Holders of not les6'than fifty -one percent (51k) of the aggregate principal amount of the Bonds of such Series then Outstanding, by a notice in writing to the District, declare the aggregate principal amount of all of the Bonds of such Series then Outstanding (if not then due and payable) to be due and payable immediately and, upon such declaration, the same shall become and be immediately due and payable, anything contained in the Bonds of such Series or in this Indenture or in the Supplemental Indenture authorizing such Series to the contrary notwithstanding; provided, however, that if at any time after the aggregate principal amount of the Bonds of any Series then Outstanding shall have been so declared to be due and payable, and before the entry of final judgment or decree in any suit, action or proceeding instituted on account of such default, or before the completion of the enforcement of any other remedy under this Indenture or the related Supplemental Indenture, moneys shall have accumulated in the related Series Revenue Account sufficient to pay the principal of all matured Bonds of such Series and all arrears of interest, if any, upon all Bonds of such Series then Outstanding (except the aggregate principal amount of any Bonds of such Series then Outstanding that is only due because of a declaration under this Section 8.3, and except for the interest accrued on the Bonds of such Series since the last interest Payment Date), and all amounts then payable by the District hereunder shall have been paid or a sum sufficient to pay the same shall have been deposited with the Paying Agent, and every other default (other than a default in the payment of the aggregate principal amount of the Bonds of such Series then Outstanding that is due only because of a declaration under this Section 8.3) shall have been remedied, then the Trustee or, if the Trustee is unable,or unwilling to act, the Holders of not less than 51% of the aggregate principal amount of the Bonds of such Series then Outstanding not then due except by virtue of a 000016W1.w51 -49- 16G declaration under this Section 8.3, may, by written notice to the District, rescind and annul such declaration and its consequences, but no such rescission or annulment shall extend to or affect any subsequent default or impair any right consequent thereon. Section 8.4' Enforcement of Remedies. Upon the occurrence and continuance of any Event of Default specified in Section'8.2 with respect to a Series of Bonds, the Trustee or, if the Trustee is unwilling or unable to act, the Holders of not less than fifty -one percent (51 �) in aggregate principal amount of the Bonds of such Series then Outstanding may protect and enforce the rights of the Holders of the Bonds of such Series under Florida law, and under this Indenture, the related Supplemental Indenture and the Bonds of such Series, by such proceedings in equity or at'law, either for the specific performance of any covenant or agreement contained herein or in aid or execution of any power herein or in the related Supplemental Indenture granted or for the enforcement of any proper legal or equitable remedy, as the Trustee or the Holders of such Series of*Bonds, as the case may be, shall deem most effectual to protect and enforce such rights. Section 8.5 Application of Funds. Any money collected by the Trustee pursuant to this Article VIII shall be applied as follows: (a) Unless the aggregate principal amount of all the Bonds of such•Series shall have become due and payable or*shall have been declared due and payable pursuant to-the provisions of Section.8.3, all such moneys shall be applied.: First: tq•the payment of any then -due fees and expepses of the Trustee, including reasonable counsel fees and expenses, to the extent not otherwise paid. Second: to payment to the persons entitled thereto of all installments of interest then due and payable on the Bonds of such Series, in the order in which such installments become due and payable and, if the amount available shall not be sufficient to pay in full any particular installment, then to the payment ratably, according to the amounts due on such installment, to the persons ,entitled thereto, without any discrimination or preference except as to any difference in the rates of interest specified in the Scrods of such Series; and 000016W1.W51 -50- 1bG Third: to the payment to the persons entitled thereto of the unpaid principal of any of the Bonds of such Series which shall have become due-(other than Bonds of such Series called for redemption for the payment of which sufficient moneys are held pursuant to this Indenture), in the order of their due dates, with interest upon the Bonds of such Series at the rates specified therein from the dates upon which they become due to their payment date, and, if the amount available shall not be sufficient to pay in full the principal of Bonds of such Series due on any particular date, together with such interest,.then to the payment first of such interest, ratably according to the amount of such interest due on such date, and then to the payment of such principal, ratably according to the amount of such principal due on such date, to the Holders of the Bonds of such Series entitled thereto without any discrimination or preference except as to any difference in the foregoing rates of interest. (b) . If the aggregate principal amount of all the Bonds of a Series shall have become due and payable in accordance with their terms or shall have been declared due and payable pursuant to the provisions of Section 8.3, all such moneys shall be applied first to the payment of any then -due fees and expenses of the Trustee, including reasonable counsel fees and expenses, to the extent not otherwise paid, and, then to the payment of the whole amount of principal and interest then due and unpaid upon the Bonds of such Series, without preference or priority of principal or of interest or of any installment of interest over any other installment of interest, or of any Bond over any other Bond of such Series, ratably, according to the amounts due respectively for principal and interest, to the persons entitled thereto without any discrimination or preference except as to any difference in the respective rates of interest specified in the Bonds of such Series. ) If the Series shall have been declared cdue land saly Bonds of a able the provisions of Section 8.3, and if such declaration to shall thereafter have been rescinded and annulled pursuant to the provisions of Section 8.3, then, if the aggregate principal amount of all the Bonds of such Series shall later become due or be declared due and payable pursuant to the provisions of Section 8.3, the moneys remaining in and thereafter accruing-to the related Series Revenue Account shall be applied in, accordance with subsection (b) above. 000016W1 . W51 -51- 16G The provisions of this Section 8.5 are in all respects subject to the provisions of Section 8.1. Whenever moneys are to be applied pursuant to this Section 8.5, such moneys shall be applied by the Trustee at such times as the Trustee in its sole discretion shall determine, having due regard to the amount of such moneys available for application and the likelihood of additional moneys becoming available for such application. The deposit of such moneys with the Paying Agent shall constitute proper application by the Trustee, and the Trustee shall incur no liability whatsoever to any Holder or to any other person for any delay in applying any such funds, so long as the Trustee acts with reasonable diligence, having due Kegard to the circumstances, and ultimately applies such moneys in accordance with such provisions of this Indenture as may be applicable at the time of application. Whenever the Trustee shall exercise such discretion in applying such funds, it shall fix the date upon which such application is to be made and upon such date interest on the amounts of principal to be paid on such date shall cease to accrue. The Trustee shall give such notice as it may deem appropriate of the fixing of any such date, and shall not be required to make payment to any Holder until such Bond shall be surrendered to the Trustee for appropriate endorsement. Section 8.6 Effect of Discontinuance of Proceedings. If any proceeding taken by the Trustee or any Holder on account of any default shall have been discontinued or abandoned for any reason, then the District and the Holder shall be restored to their former positions and rights hereunder, respectively, and all rights and remedies of the Holders shall continue as though no such proceeding had been taken. Section 8.7 Restriction on Individual Holder Actions. Except as provided in Section 8.10, no Holder of any of the Bonds shall have any right in any manner whatever to affect, disturb or prejudice the security of this Indenture or any Supplemental Indenture, or to enforce any right hereunder or thereunder except in the manner herein or therein provided, and all proceedings at law or in equity shall be instituted and maintained for the benefit of all Holders of the Bonds of such Series. Section 8.8 No Remedy Exclusive. No remedy conferred upon the Trustee or the Holders is intended to be exclusive of any other remedy herein or in any Supplemental Indenture provided, and each such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder. 000016wl . w51 -52- 16G Section 8.9 Delay Not a waiver. No delay or omission of the Trustee or any Holder to exercise any right or power accruing upon any default shall impair any such right or power or'shall be construed to be a waiver of any such default or an acquiescence therein; and every power and remedy given to the Trustee and the Holders may be exercised from time to time and as often as may be deemed expedient. Section 8.10 Right to Enforce Payment of Bonds. Nothing in this Article VIII shall affect or impair the right of any Holder to enforce the payment of Debt Service on the Bond of which such person is the registered Holder, or the obligation of the District to pay Debt Service to the Holder at the time and place specified in such Bond. Section 8.11 No Cross Default Among Series. The occurrence of an Event of Default hereunder or under any Supplemental Indenture with respect to any Series of Bonds shall not constitute an Event of Default with respect to any other Series of Bonds, unless the event giving rise to the Event of Default also constitutes an Event of Default hereunder or under.the Supplemental Indenture with respect to such other Series of Bonds. Section 8.12 Waiver of Past Defaults. Before any judgment or decree for - payment of money due has been obtained by the Trustee as provided in this Article VIII, the Holders of not less than a majority in face amount of the Outstanding Bonds may on behalf of the Holders of all the Bonds waive any past default hereunder and its consequences, except a default: (i) in`the payment of the principal amount of o.r interest on any Bond, or (ii) in respect of a covenant or provision hereof which under Article VII cannot be modified or amended without the consent of not less than all of the Outstanding Holders. upon any such waiver, such default shall cease to exist, and any Event of Default arising therefrom shall be deemed to have been cured, for every purpose of this Indenture; but no such waiver shall extend to any subsequent or other default or impair any right consequent thereon. 000016w1 . w51 _S3- 16G Mi ARTICLE IX SUPPLEMENTAL INDENTURES Section -*9'.1 Supplemental Indentures Without Consent of Holders. Without the consent of the Holders of Bonds of any Series, the'District, when authorized by a resolution of the-Governing Body, and the Trustee may at any time and from time to time enter into one or more indentures supplemental hereto or amendatory hereof for any of the following purposes: .(a), to correct or amplify the description of any property at any time subject to the Lien of this Indenture, or better to assure, convey and cornf-irch unto the Trustee any property subject or requi-Ned to be subjected to the Lien of this Indenture, or to subject to the Lien of this Indentu,re•additional property; or 4b). to add to the conditions, limitations and restrictions on the authorized amount, terms or purposes of issue, authentication and delivery of Bonds or of any Series of Bonds, as herein set forth, additional conditions, limitations and restrictions thereafter to be observed; or (c) 'to create any Series of Bonds and make such'other provisions as provided in Section 2.2; or (d)� to modify or eliminate the terms and provisions of this Indenture, provided that such modification or elimination shall become effective only when there is no Bond Outstanding of any Series prior to the execution of such supplemental indenture and the Trustee may, in its discretion, decline to enter in any such supplemental indenture which, in its opinion, may not afford adequate protection to the Trustee when the same becomes operative; or (e) to cure any ambiguity or formal defect or omission or to correct any inconsistent provisions in this Indenture; or (f) to add to the covenants and agreements of the.Di,@trict in this Indenture for the benefit of the Holders of all or any Series of Outstanding Bonds or to surrender any right or power-.-herein conferred upon the District; or 000016w2.wsl -54- 1�G (g) to make such changes as may be necessaz'y in order to reflect amendments to Chapters 170, 190.and 298, Florida Statutes (1995)., so long as, in the opinion of counsel to the District, such changes either: (i) shall not have a material adverse effect on the Holders of each Series of Bonds to which such changes relate; or (ii) if such changes shall have a material adverse effect, they nevertheless are required to be made as a result of such amendments. Section 9.2 Supplemental Indentures with Consent of Holders. With the consent of Holders of not less than fifty -one percent•(51%-) in aggregate principal amount of the Bonds then Outstanding of each Series affected by such supplemental indenture, the District, when authorized by a resolution of the Governing Body, and the Trustee may from time to time enter into one or more indentures supplemental hereto or amendatory hereof for the purpose of modifying, altering, amending, adding to or rescinding any of the provisions of this Indenture or of modifying in any manner the rights of the Holders of the Bonds of each such Series under this Indenture; provided, however, that no such supplemental indenture shall, without the consent of all Holders of Bonds then Outstanding affected thereby: (a) change the stated maturity of the principal of, or any installment of interest on, any Bond, or reduce the principal amount thereof or the interest thereon or any premium payable upon the redemption thereof, or change any place of payment where, or the coin or currency in which, any Bond, or the interest thereon is payable, or impair the right to institute suit for the enforcement of any such payment on or after the stated maturity thereof (or, in the case of redemption, on or after the redemption date); or (b)• reduce the percentage in principal amount of the Outstanding Bonds, the consent of whose Holders is required for any such supplemental indenture, or the consent of whose Holders is required for any waiver provided for in this Indenture of compliance with certain provisions of this Indenture or certain defaults hereunder and their consequences; or 000016W1.W51 -55- 16G (c) modify or alter the provisions of the proviso 'to the definition of the term "Outstanding "; or (d) modify any of the provisions of this Section 9.2 or Section 8.12, except to increase any percentage provided thereby or to provide that certain other provisions of this Indenture cannot be modified or waived without the consent of the Holder of each Bond affected thereby; or (e) permit the creation of any Lien ranking prior to or on a parity with the Lien of this Indenture with respect to any of the Series Trust Estate or terminate the Lien of this Indenture on any property at any time subject hereto or deprive the Holder of any Bond of the security afforded by the Lien of this Indenture; or (f) modify, in the case of Bonds of any series for which a mandatory sinking fund is provided, any of the provisions of this Indenture in such manner as to affect the rights of the Holders of such Bonds to the benefits of such sinking fund. The whether or not Tany tBondsywouldtbed affected nby e any mine supplemental indenture and any such determination shall be conclusive upon the Holders of all Bonds, whether theretofore or thereafter authenticated and delivered hereunder. The Trustee shall not be liable for any such determination made in good faith. It shall not be necessary for any Act of Holders under this Section 9.2 to approve the particular form of any proposed supplemental indenture, but it shall be sufficient if such Act shall approve the substance thereof. Section 9.3 Opinion nf Bond Counsel With Respect to Supplemental Ind ntur In addition to the other requirements herein set forth with respect to Supplemental Indentures, no Supplemental Indenture shall be effective unless and until there shall have been delivered to the Trustee and the District the opinion of Bond Counsel to the effect that such Supplemental Indenture is permitted pursuant to this Indenture and that such Supplemental Indenture is the valid and binding obligation of the District enforceable in accordance with its terms, except as the enforceability thereof may be limited by bankruptcy, insolvency or general equitable principles. In addition, if such Supplemental indenture relates to a Series of Tax 000016w1.w51 -56- 16G Exempt Bonds, such opinion shall also state that such Supplemental Indenture will-not adversely affect the exclusion from gross income for federal income tax purposes of interest on the related Series of Bonds. Section 9.4 Execution of Supplemental Indentures. In executing, or accepting the additional trusts created by, any supplemental indenture permitted by this Article IX or the modifications thereby of the trusts created by this Indenture, the Trustee shall be entitled to receive, and (subject to Section 6.1) shall be fully protected in relying upon, an opinion of Bond Counsel stating that the execution of such supplemental indenture is authorized or permitted by this Indenture. The Trustee may, but shall not be obligated to, enter into any such supplemental indenture which affects the Trustee's own rights, duties or immunities under this Indenture or otherwise. Section 9.5 • Effect of Supplemental Indentures. Upon the execution of any supplemental indenture under this Article IX, this Indenture shall be modified in accordance therewith, and such supplemental indenture shall form a part of this Indenture for all purposes; and every Holder of Bonds theretofore or thereafter authenticated and delivered hereunder shall be bound thereby. Sion Indentures. B onds9 authenticated cand ndelivered after thetal execution of any supplemental indenture pursuant to this Article IX shall bear a notation in form approved by the Trustee as to any matter provided for in such supplemental indenture. If the District shall so determine, new Bonds so modified as to conform, in the opinion of the Trustee and the District, to any such supplemental indenture may be prepared and executed by the District and authenticated and delivered by the Trustee in exchange for Outstanding Bonds. ARTICLE X DEFEASANCE Section 10.1 Defeasance and Discharge �f the Lien of this Indenr ++re and .Su DDlPmcantal Indenture (a) the District shall deliver to the Trustee fors When cancellation all Bonds of any Series theretofore authenticated (other than any Bonds of such Series which shall have been destroyed, lost or stolen or in lieu of or in substitution for which.other Bonds shall have been authenticated and delivered) and not theretofore cancelled, or (b) all the Bonds of any Series not theretofore cancelled or delivered to the Trustee for cancellation shall have become due and payable, or are by their terms to 000016w1.w51 _57_ 16G become due 'and payable within one year or are to be called for redemption within one year under arrangements satisfactory to the Trustee for the giving of notice of redemption, and the District shall deposit with the Trustee, in trust, funds (other than funds repaid by the Trustee to the District in accordance with Section 10.3) sufficient to pay at maturity or upon redemption all of the Bonds of such Series (other than any Bonds of such Series which shall have been mutilated, destroyed, lost or stolen and in lieu of or in substitution for which other Bonds shall have been authenticated and delivered or which shall have been paid) not theretofore cancelled or delivered to the Trustee for cancellation, including principal and premium, if any, •and interest, if any, due or to become due to such date of maturity or redemption date, as the case may be, and if in::either case the District shall also pay or cause to be paid all other sums payable hereunder by the District, then this Indenture and the Lien in the Series Trust Estate created thereby shall cease to be of further effect with respect to Bonds of such Series, and the Trustee, on demand of the District accompanied by a Certificate and an opinion of Bond Counsel and at the cost and expense of the District shall execute proper instruments acknowledging'satisfaction of and discharging this indenture and such Lien with respect to Bonds of such Series, the District, however, hereby agreeing to reimburse the Trustee for any costs or expenses thereafter reasonably and properly incurred and to compensate the Trustee for ariy services reasonably and properly rendered by the Trustee in connection with this Indenture or the Bonds. Section 10.2 Moneys Held in Trust. All moneys and obligations held by an escrow or paying agent or the Trustee pursuant to Section 10.1 shall be held in trust and the principal and.interest of said obligations when received, and said'moneys, shall be applied to the payment, when due, of the principal, interest and premium, if any, of the Bonds to be paid or to be called for redemption. Section 10.3' Return of Unclaimed Moneys. Any moneys deposited with or paid to the Trustee for payment of the principal of (and premium, if any) or interest, if any, on Bonds of any Series and not applied but remaining unclaimed by the Holders of Bonds of such Series for three years after the date upon which the principal of, and premium, if any, or interest, if any, on such Bonds, as the case may be, shall have become due and payable, shall, upon written demand, be repaid to the District by the Trustee; and the Holder of any of such Bonds shall thereafter look only to the District for any payment which such Holder may be entitled to collect, provided, however, that, before being required to make any such repayment, the Trustee may 000016w1.ws1 -58- Wrt, (at the cost of tYe District) mail to last known address, a notice (in such appropriate by the Trustee) that said unclaimed and that, after a date name, unclaimed balance of said moneys then returned to the District (except that presentation of Bonds for payment and shall mean the Corporate Trust Office ARTICLE XI MISCELLANEOUS such Holders at their form as may be deemed moneys remain i therein, any remaining will be with respect to transfer, such term of the Trustee. Section 11.1 -Immunity of Supervisors. No recourse shall be had for the payment of the principal of or premium of interest on any of the Bonds or for any claim based thereon -or upon any obligation, covenant or agreement in this Indenture contained against any past, present or future officer or supervisor of the District, or any incorporator, officer or supervisor of any successor entity, as such either directly or through the District or any successor entity, under any rule of law or equity, statute or constitution or by the enforcement of any assessment or penalty or otherwise, and all such liability of any such incorporator, officer or supervisor as such is hereby expressly waived and released as a condition of and consideration for the execution of this Indenture and the issuance of such Bonds. Section 11.2 Act of Holders. Any request, demand, authorization, direction, notice, consent, waiver or other action provided by this Indenture to be given or taken by Holders may be embodied in and evidenced by one or more instruments of substantially similar tenor signed by such Holders in person or by an agent duly appointed in writing; and, except as herein otherwise expressly provided, such action shall become effective when such instrument or instruments are delivered to the Trustee and, where it is hereby expressly required, to the Company. Such instrument or instruments (and the action embodied therein and evidenced thereby) are herein sometimes referred to as the "Act" of the Holders signing such instrument or instruments. Proof of execution of any such instrument or of a writing appointing any such agent shall be sufficient for any purpose of this Indenture and (subject to Section 6.1) conclusive in favor of the Trustee and the Company, if made in the manner provided in this Section 11.2. The fact and date of the execution by any Person of any such instrument or writing may be proved by the affidavit of a witness of such execution or by a certificate of a notary public or other officer authorized 000016W1.W51 -59- 16G by law to take acknowledgments of deeds, certifying that the individual sighing such instrument or writing acknowledged to him the execution thereof. Where such execution is by a signer acting in a capacity other than his individual capacity, such certificate or affidavit shall also constitute sufficient proof of his authority. The fact and date of the execution of any such instrument or writing, or the authority of the Person executing the same, may also be proved in any other manner which the Trustee deems sufficient. Any request, demand, authorization, direction, notice, consent, waiver or other Act of the Holder of any Bond shall bind every future Holder of the same Bond and the Holder of every Bond issued upon the registration of transfer thereof or in exchange therefor or in lieu thereof in respect of anything done, omitted or suffered to be done by the Trustee or the District in reliance thereon, whether or not notation of such action is made upon such Bond. Section 11.3 Notice to the District and the Trustee. Any notice, demand, direction, request or other instrument authorized or required by this Indenture to be given to or filed with the District or the Trustee shall be deemed to have been sufficiently given or filed for all purposes of this Indenture if and when sent by certified mail, return receipt requested: To the District, addressed to: District Manager Fiddler's Creek Community Development District District Manager To the Trustee, addressed to: Attention: Corporate Trust Department or to such other address as shall be provided to the other party hereto in writing. Section 11'.4 Notice to the Hold rs- Any notice, demand, direction, request, or other instrument authorized or required by this Indenture to be mailed to the Holders shall be deemed to have been sufficiently mailed if mailed by first class mail, postage pre -paid, to 000016W1.W51 , -60- 16G the Holders at their addresses as they appear at the time of mailing on the registration books maintained by the Bond Registrar. Section 11.5 Effect of Headlines and Table of 9D-ate=. The Article and Section headings herein and the Table,;; of Contents are for convenience only and shall not affe'N the construction hereof. Section 11.6 Successors and Assigns. All covenants and agreements in this Indenture by the District shall bind its successors and assigns, whether so expressed or not. Section 11.7 Separability Clause. In case any provision in this Indenture or in the Bonds shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. Section 11.8 Benefits of Indenture. Nothing in this Indenture or in the Bonds, express or implied, shall give to any Person, other than the parties hereto and their successors hereunder and the Holders of Bonds, any benefit or any legal or equitable right, remedy or claim under this Indenture. Section 11.9 Governing Law. The Bonds and this Indenture shall be governed by, and construed in accordance with, the laws of the State of Florida. Section 11.10 Legal Holidays. In any case where the stated maturity of any Bond shall not be a Business Day, then (notwithstanding any other provision of this Indenture or of the Bonds) payment of the principal amount of and interest on the Bonds need not be made on such date, but may be made on the next succeeding Business Day with the same force and effect as if made on the stated maturity, provided that no interest shall accrue for the period from and after the stated maturity. 000016wi.wsi -61- 16G IN WITNESS WHEREOF, the parties hereto have caused this Indenture to be duly executed as of the day and year first above written. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT ATTEST: By: Chairman, Board of Supervisors Secretary as Trustee By: Authorized Signatory Attest: Secretary 000016w1 .wsi -62- EXHIBIT A FORM OF REQUISITION The undersigned, an Authorized Representative of Fiddler's Creek Community Development District (the "District ") hereby submits the following requisition for disbursement under and pursuant to the terms of the Indenture from the District to as trustee (the "Trustee "), dated as of 1996 (the "Indenture "), as amended and supplemented by the First Supplemental Indenture from the District of the Trustee, dated as of 1996 (the Indenture as amended and supplemented is hereinafter referred to as the "Indenture ") (all capitalized terms used herein shall have the meaning ascribed to such term in the Indenture): (A) Requisition Number: (B) Name of Payee: (C) Amount Payable: (D) Purpose for which paid or incurred (refer also to specific contract if amount is due and payable pursuant to a contract involving progress payments, or, state Costs of Issuance, if applicable): (E) Fund or Series Account from which disbursement to be made: The undersigned hereby certifies that [obligations in the stated amount set forth above have been incurred by the District, that each disbursement set forth above is a proper charge against the Series Acquisition and Construction Account referenced above, that each disbursement set forth above was incurred in connection with the acquisition and construction of the Series Project and each represents'a Cost of the Series Project, and has not previously been paid) OR [this requisition is for Costs 000016W1.W51 16G EXHIBIT A 6 Page 2 Of Issuance payable from the Cost of Issuance Account that has not previously been paid). The undersigned hereby further certifies that there has not been filed with or served upon the District notice of any Lien, right to Lien, or attachment upon, or claim affecting the right to receive payment of, any of the moneys payable to the Payee set forth above, which has not been released or will not be released simultaneously with the payment hereof. The undersigned hereby further certifies that such requisition contains no item representing payment on account of any retained percentage which the District is at the date of such certificate entitled to retain. If this requisition is for a disbursement from other than the Costs of Issuance Account or for payment of capitalized interest, there shall be attached a resolution of the Governing Body of the District approving this requisition or the approving the specific contract with respect to which disbursements pursuant to this requisition are due and payable. Attached hereto are originals of the invoice(s) from the vendor of the property acquired or services rendered with respect to which disbursements is hereby requested. FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT By. Authorized Representative CONSULTING ENGINEER'S APPROVAL FOR NON -COST OF ISSUANCE AND CAPITALIZED INTEREST REQUESTS ONLY If this requisition is for a disbursement from other than Capitalized Interest or Costs of Issuance, the undersigned Consulting Engineer hereby certifies that this disbursement is for a Cost of Series Project and is consistent with: (i) the applicable acquisition or construction contract; (ii) the plans and specifications 000016W1.W51 EXHIBIT A 16 G Page 3 for the portion of the Series Project with respect to which such disbursement is being made; and, (ii) the report of the Consulting Engineer attached as an Exhibit to the First Supplemental Indenture, as-such report shall have been amended or modified on the date hereof. Consulting Engineer 000016W1.W51 W &C DRAFT 1 6 G 7/18/96 FIRST SUPPLEMENTAL INDENTURE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT TO [ ], AS TRUSTEE Dated as of , 1996 16G FIRST SUPPLEMENTAL INDENTURE THIS FIRST SUPPLEMENTAL INDENTURE (the "First Supplemental Indenture "), dated as of , 1996, between FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, a community development district organized and existing under the laws of the State of Florida (the "District "), and , as trustee, a national banking association existing under the laws of the United States (the "Trustee ".) . RECITALS OF THE DISTRICT The District has entered into a Master Trust Indenture, dated as of , 1996 (the "Indenture ") with the Trustee for the purpose of issuing the Bonds (as therein defined), in one or more series as may from time to time be authorized by one or more resolutions of the Board of Supervisors of the District. Pursuant to Resolution No. 96 -( ), adopted by the Governing Body of the District on , 1996, the District has authorized the issuance, sale and delivery of $ of its Fiddler's Creek Community Development District Special Assessment Revenue Bonds, Series 1996 (the "1996 Bonds ") as a Series of Bonds, and has authorized the execution and delivery of this First Supplemental Indenture to secure the issuance of the 1996 Bonds and to set forth the terms thereof. The District will apply the proceeds of the issuance of the 1996 Bonds to: (i) finance the Cost of the Series Project as further described in Exhibit A hereto and the Costs of Issuance relating to the 1996 Bonds; (ii) pay Capitalized Interest on the 1996 Bonds; and (iii) fund the 1996 Reserve Account. Pursuant to the Constitution of the State of Florida and Chapter 75 of the Florida Statutes (1995), as amended, - the Bonds were validated by judgment of the Circuit Court of the Twentieth Judicial District of the State of Florida in and for Collier County, Florida, rendered on 1996, the period for appeal having expired and no appeal from such final judgement having been taken. NOW, THEREFORE, THIS FIRST SUPPLEMENTAL INDENTURE WITNESSETH: 000016ZR.W51 16G That the District, in cpnsideration of the premises, the acceptance by 'the Trustee of the trusts hereby created, the mutual covenants herein contained, the purchase and acceptance of the 1996 Bonds-by the purchaser or purchasers thereof, and other good and'valuable consideration, receipt of which is' hereby acknowledged, and in order to secure the payment of the principal, premium, if any, and interest on, all Outstanding 1996 Bonds from time to time, according to their tenor and effect, and such other payments required to be made under the Indenture or hereunder, and to secure the observance and performance by the District of all the' covenants, expressed or implied in the Indenture, this First Supplemental Indenture and the 1996 Bonds, does hereby assign, pledge and grant a security interest to the Trustee, and its successors in the trust under the Indenture, and their successors and assigns forever: All right, title and interest of the District, in, to and under, subject to the terms and conditions of the Indenture and the provisions of the Indenture pertaining to the application thereof for or to the purposes and on the terms set forth in the Indenture, the revenues derived by the District from the Series Assessments described in Resolution No. 96 -(') adopted by the Governing Body of the District (the 111996 Pledged Revenues ") and the Series Accounts (except the Series Rebate Account) established pursuant to the Indenture in respect of the 1996 Bonds (the 111996 Pledged Accounts ") which shall comprise a part of the Series Trust Estate securing the 1996 Bonds (the 111996 Trust Estate "); TO HAVE AND TO HOLD the 1996 Trust Estate, whether now owned or held or hereafter acquired, unto the Trustee and its successors and assigns forever; IN TRUST NEVERTHELESS, except as in each such case may otherwise be provided in the Indenture, upon the terms and trusts in the Indenture set forth for the equal and proportionate benefit and security of all present and future Holders of the 1996 Bonds issued or to be issued under and secured by this First Supplemental Indenture, without preference, priority or distinction as to Lien or otherwise, of any one 1996 Bond over any other 1996 Bond. And the District hereby covenants and agrees to and with the Trustee, for the equal and proportionate benefit of the respective Holders from time to time of the 1996 Bonds, as follows: 000016ZR.WS1 -2- 16G Section 1. There shall be an initial series of Bonds entitled "Fiddler's Creek Community Development District Special Assessment Revenue Bonds, Series 1996" (herein called the 111996 Bonds "). The Stated Maturity of the 1996 Bonds shall be and the aggregate principal amount thereof which may be authenticated and delivered and Outstanding is limited to $ The 1996 Bonds shall bear interest from or from the most recent interest Payment Date to which interest has been paid or duly provided for. The 1996 Bonds shall bear interest payable semi - annually on and of each year, at the rate of %. The principal and the redemption price of, and interest on, the 1996 Bonds shall be payable at the Corporate Trust office of the Trustee located at The 1996 Bonds shall initially be represented by a Global Bond, substantially in the form of Exhibit B hereto (the "Global Bond "), which shall be issued without coupons and registered in the name of the Depositary or its nominee. The Global'Bond shall have such appropriate insertions, omissions, substitutions and other variations as are required or permitted by this Indenture and may have such letters, numbers or other marks of identification and such legends or endorsements placed thereon as may be required to comply with applicable securities laws or the rules of any securities exchange or as may, consistently herewith, be determined by the Authorized Representatives executing such Bonds, as evidenced by their execution thereof. Any portion of the text of the Global Bond may be set forth on the reverse thereof, with an appropriate reference thereon on the face of such Global Bond. So long as the Global Bond is registered in the name of the Depositary or its nominee, the Depositary or its nominee, as the case may be, will be considered the sole owner of the Global Bond for all purposes hereunder and under the 1996 Bonds. Neither the District nor the Trustee will have any responsibility or liability for any aspect of the records relating to or payments made by the Depositary on account of beneficial interests in the Global Bond. Except as provided in this Section, holders will not be entitled to have 1996 Bonds registered in their names. Notwithstanding the foregoing, nothing herein shall impair, 000016ZR . W51 -3- as between the Depositary and its participants, the operation of customary practices governing the exercise of the rights of a holder of any 1996 Bond. Unless and until the Global Bond is exchanged in whole for 1996 Bonds in definitive form, the Global Bond may not be transferred except as a whole by the Depositary to a nominee of the Depositary or by a nominee thereof to the Depositary or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. Except as provided in this paragraph, the 1996 Bonds will not be issued in definitive form. If at any time the Depositary notifies the District that it is unwilling or unable to continue as Depositary for the 1996 Bonds, or if at any time the Depositary ceases to be a clearing agency registered under the Securities Exchange Act of 1934, as amended (or otherwise ceases to be eligible to be a Depositary), or if the Depositary requires the District to deliver 1996 Bonds in definitive form upon the occurrence of an Event of Default, the District will execute, and the Trustee, upon receipt of such executed definitive 1996 Bonds, will authenticate and deliver 1996 Bonds in definitive registered form without coupons in an aggregate face amount equal to the aggregate face amount of the Global Bond and otherwise in accordance with terms of this Indenture, in exchange for the Global Bond. In any such . case, the Trustee shall execute and deliver a supplemental indenture reflecting the issuance of definitive 1996 Bonds. Section 2. The 1996 Bonds may, at the option of the District, be redeemed in whole at any time, or in part on any interest Payment Date from the proceeds deposited in the 1996 Optional Redemption Subaccount, on or after by lot in the manner determined by the Trustee, at the redemption prices (expressed as a percentage of the principal..amount of the 1996 Bonds) set forth in the following schedule, plus accrued interest thereon to the redemption date: Period Redemption Price through through through through- and thereafter 000016ZR.W51 -4- 16G The 7.996 Bonds shall be redeemed from the proceeds in the 1996 Bond Sinking Fund Account, in part by lot in the' manner determined by the Trustee, prior to their scheduled maturity, in the amounts set forth below at a price of par, without premium, plus accrued interest thereon to the date of-,, ,redemption: Principal Principal Year Amount Year Amount W Any 1996 Bonds that are purchased by the District with amounts held to pay a sinking fund installment will be cancelled and an amount equal to the principal amount so purchased will be applied as a credit against the next succeeding sinking fund installment. Sinking fund installments are also subject to recalculation, as provided in the Indenture, as the result of the redemption of 1996 Bonds to reamortize the remaining outstanding principal balance of the 1996 Bonds in substantially level installments of principal and interest over the remaining term thereof. The 1996 Bonds shall be redeemed (i) in whole on the earliest possible date to the extent that there are sufficient proceeds deposited in the 1996 Reserve Account to redeem all of the Outstanding 1996 Bonds at the principal amount thereof, without premium, plus accrued interest thereon to the date of redemption, and (ii) in whole on any date, or in part on the earliest possible interest Payment Date in inverse order of maturities and by lot in the manner determined by the Trustee, at the principal amount thereof, without premium, together with accrued interest thereon to the date of redemption, to the 11 Maturity. 000016ZR.W51 -5- 16G extent of any money held on deposit in the 1996 Prepayment Subaccount. Notice of redemption of the 1996 Bonds is required to be mailed by the Bond Registrar at least 30 and not more than 60 days prior to the redemption date to each registered holder of 1996 Bonds to be redeemed at the address of such registered Holder recorded on the bond register maintained by the Bond Registrar. On the date designated for redemption, notice having been given and money for the payment of the redemption price being held by the Trustee, all as provided in the Indenture, the 1996 Bonds or such portions thereof so called for redemption shall become and be due and payable at the redemption price provided for the redemption of such 1996 Bonds or such portions thereof on-such date, interest on such 1996 Bonds or such portions thereof so called for redemption shall cease to accrue, such 1996 Bonds or such portions thereof so called for redemption shall cease to be entitled to any benefit or security under the Indenture and the holders thereof shall have no rights in respect of such 1996 Bonds or such portions thereof so called for redemption except to receive payments of the redemption price thereof so held by the Trustee. 4 Section 3. Simultaneously with the execution and delivery hereof, the District shall establish with the Trustee each of the Series Accounts and the Series Rebate Account in respect of the 1996 Bonds, to be denominated the "1996 Acquisition and Construction Account," the 111996 Cost of Issuance Account;" the 111996 Bond Sinkinq Fund Account," the 111996 Interest Account," the 111996 Redemption Account," the 111996 Prepayment Subaccount," the 111996 Optional Redemption Subaccount," the 111996 Reserve Account," the "1996 Revenue Account," and the 111.996 Rebate Account ". Section 4. The proceeds of the issuance of the 1996 Bonds, $ , shall, as soon as practicable upon the delivery thereof to the Trustee by the District pursuant to the Indenture, be applied as follows: (a) $ representing Capitalized Interest, shall be deposited in the Series Interest Account established in re'spe -ct of, the 1996 Bonds; (b) $ representing the Costs of Issuance relating to the .1996 Bonds, shall be deposited in the Series Cost of Issuance Account established in respect of the 1996 Bonds; 000016ZR. W51 -6- 16G (c) $, , representing the Series Reserve Account Requirement for the 1996 Bonds, shall be deposited in the Series Reserve Account established in respect of the 1996 Bonds; and (d) $ representing the balance of the proceeds of the issuance of the 1996 Bonds after the deposits described above, shall be deposited in the Series Acquisition and Construction Account established in respect of the 1996 Bonds. Section 5. The Indenture, as supplemented and amended by this First Supplemental Indenture, is in all respects ratified and confirmed, and the Indenture and this First Supplemental Indenture shall be read, taken and construed as one and the same instrument. Section 5. In case any provision in this First Supplemental Indenture or in the Global Bond or the 1996 Bonds shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions (or of any other Series of Bonds) shall not in any way be affected or impaired hereby. Section 7. Nothing in this Supplemental Indenture, expressed or implied, shall give to any Person, other than the parties hereto and their successors hereunder, and the Holders of the Global Bond and the 1996 Bonds any benefit or any legal or equitable right, remedy or claim under this First Supplemental Indenture. Section 8. This First Supplemental Indenture, the Global Bond and the 1996 Bonds shall be deemed to be a contract made under the laws of the State of Florida and this First Supplemental Indenture and each such Bond for all purposes shall be governed by and constructed in accordance with the laws of the State of Florida. Section 9. All terms used in this First Supplemental Indenture not otherwise defined herein that are defined in the Indenture shall have the meanings set forth therein. Section 10. This First Supplemental Indenture may be executed in any number of counterparts, each of which shall be an original; but such counterparts shall together constitute but one and the same instrument. Section 11. The recitals contained herein and in the Global Bond and the 1,996 Bonds, except the certificate of 000016ZR.W51 -7- authentication of the Trustee thereon, shall be taken as statements of the District, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or sufficiency of the Indenture or this First Supplemental Indenture or of the Global Bond or the 1996 Bonds and shall not be accountable for the use or application by the District of the Global Bond or the 1996 Bonds or the proceeds thereof. IN WITNESS WHEREOF, the District and the Trustee have caused this First Supplemental Indenture to be duly executed, and their corporate seals to be hereunto affixed and attested, as of the day and year first above written. SEAL Attest: Secretary SEAL Attest: Secretary 000016ZR. W51 -8- FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT By. Chairman, Board of Supervisors Trustee By. Responsible Officer as 16G No. CUSIP FORM OF •s; :• • (TEXT OF BOND FACE] United States Of America State of Florida EXHIBIT B 16& FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT GLOBAL BOND REPRESENTING , 1996 THE SPECIAL ASSESSMENT REVENUE BONDS, SERIES 1996 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, a community development district duly created, established and existing pursuant.to Chapter 190, Florida Statutes (1995), (the "District "), for value received, hereby promises to pay to CEDE & CO., as nominee for The Depository Trust Company, or registered assigns, on 19 , unless this Global Bond shall have been previously called for redemption and payment of the redemption price shall have been duly made or provided for, but solely from the assessments pledged for the payment hereof pursuant to the Indenture hereinafter mentioned and not otherwise, upon surrender hereof, the principal sum of ($ ) and to pay interest on the outstanding principal amount hereof, but solely from said assessments, from the date hereof, at the rate of ( U per annum, payable initially on , 1996, and thereafter on each ' and until payment of such principal 000017CF.W51 EXHIBIT B 16 G Page 2 amount, or provision therefor, shall have been made at maturity or upon redemption. The principal of and interest on this 1996 Bond and the premium, if any, payable upon redemption, are payable at the corporate trust office of Miami, Florida, or at the principal office of any successor trustee or paying agent appointed under the Indenture hereinafter mentioned. This Global Bond represents bonds comprising the first series of Bonds of the District (hereinafter referred to as the 111996 Bonds "), issued under a Master Trust Indenture, dated as of 1996, between the District and Miami, Florida, as trustee (the "Trustee "), as amended and supplemented by a First Supplemental Indenture, dated as of , 1996 (the "Supplemental Indenture "), between the District and the Trustee, (collectively, the "Indenture "). The 1996 Bonds are issued for the purpose of (i) financing the cost of acquiring, constructing and equipping the 1996 Project (as defined iii the Indenture) and the Costs of Issuance (as defined in the Indenture), (ii) paying Capitalized Interest (as defined in the Indenture) on the 1996 Bonds, and (iii) funding the 1996 Reserve Account (as defined in the Indenture). THIS GLOBAL BOND AND THE 1996 BONDS REPRESENTED HEREBY SHALL NOT, DIRECTLY OR INDIRECTLY, OBLIGATE THE DISTRICT, THE STATE OF FLORIDA, OR ANY POLITICAL SUBDIVISION THEREOF, TO LEVY ANY FORM OF TAXATION THEREFOR OR TO MAKE ANY APPROPRIATIONS FOR THEIR PAYMENT; NO OWNER OR ANY OTHER PERSON SHALL HAVE THE RIGHT TO COMPEL THE EXERCISE OF ANY AD VALOREM TAXING.POWER OF THE DISTRICT OR OF ANY AD VALOREM TAXING POWER OR NON -AD VALOREM SPECIAL ASSESSMENT POWER OF ANY OTHER PUBLIC AUTHORITY OR GOVERNMENTAL BODY POLITIC TO PAY THE PRINCIPAL OF, OR INTEREST, AND PREMIUM, IF ANY, ON THE GLOBAL BOND AND THE 1996 BONDS REPRESENTED HEREBY. All acts, conditions and things required by the Constitution and the laws of the State of Florida, the ordinances and resolutions of the District, and the provisions of the'Indenture to happen, exist and be performed prior to the issuance of this Global Bond and the 1996 Bonds and the execution of the Indenture, have happened, exist and have been performed as so required. 000017CF.W51 EXHIBIT B Page 3 This Global Bond and the 1996 Bonds shall not be valid or become obligatory for any purpose or be entitled to any benefit or security under the Indenture until the Certificate of Authentication endorsed hereon shall have been duly executed by the Trustee. THE TERMS AND CONDITIONS OF THIS GLOBAL BOND ARE CONTINUED ON THE REVERSE HEREOF AND SUCH TERMS AND CONDITIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS THOUGH FULLY SET FORTH HEREIN. IN WITNESS WHEREOF, Fiddler's Creek Community Development District has caused this Global Bond to be executed in its name and on its behalf by the manual or facsimile signature of the Chairman of its Board of Supervisors and its official seal to be impressed or imprinted hereon and attested by the manual or facsimile signature of a member of the Board of Supervisors designated for the purpose, all as of 1996. Attest: By: Member, Board of Supervisors 000017CF.W51 A .4 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT By: Chairman, Board of Supervisors [Official Seal] 16G EXHIBIT B 16 G Page 4 [FORM OF TRUSTEE'S CERTIFICATE OF AUTHENTICATION] This Global Bond is the Global Bond described in the within- mentioned Indenture. , as Date of Authentication: Trustee By: Responsible Officer (REVERSE OF GLOBAL BOND] This Global Bond and the 1996 Bonds represented hereby are issued under and pursuant to the Constitution and the laws of the State of Florida, particularly Chapter 190, Florida Statutes (1995), and the provisions of the Indenture, executed counterparts of which are on file at the corporate trust office of the Trustee. Reference is made to the Indenture for the provisions, among others, with respect to the custody and application of the proceeds of the 1996 Bonds, the collection and disposition of revenues and the funds charged with and pledged to the payment of the- principal and interest on, the 1996 Bonds, the nature and extent of the security thereby created, the covenants of the District with respect to the levy and collection of the Series Assessments (as, defined in the Indenture) relating to the 1996 Bonds, the terms and conditions under which the 1996 Bonds are issued, the rights, duties, obligations and immunities of the District. (including, without limitation, the obligation to provide continuing disclosure as set forth in Section 7.16 thereof) and the Trustee under the Indenture and the rights of the holders of the 1996 Bonds. By the acceptance of this Global Bond, the holder of this Global Bond and the holders of the 1996 Bonds represented hereby assent to all of the provisions of the Indenture. The 1996 Bonds are equally and ratably secured by the 1996 Trust Estate, without preference or priority of one 1996 Bond over another. The Supplemental Indenture does not authorize the issuance of 000017CF.W51 EXHIBIT B Page 5 any additional Bonds ranking on a parity with the 1996 Bonds as to the lien and pledge of the 1996 Trust Estate The 1996 Bonds are issuable only as registered bonds without coupons in denominations of $100,000 or any integral multiple of $5,000 in excess thereof. The 1996 Bonds may, at'the option of the District, be redeemed in whole at any time, or in part on any interest Payment Date from the proceeds deposited in the 1996 Optional Redemption Subaccount, on or after , by lot in the manner determined by the Trustee, at the redemption prices (expressed as a percentage of the principal amount of the 1996 Bonds) set forth in the following schedule plus accrued interest thereon to the redemption date: Period Redemption Price through through through through and thereafter The 1996 Bonds shall be redeemed from the proceeds in the 1996 Bond Sinking Fund Account in part by lot in the manner determined by the Trustee, prior to their scheduled maturity, in the amounts set forth below at a price of par, without premium, plus accrued interest thereon to the date of redemption: Year 000017CF.W51 Principal Amount Principal Year Amount 16G EXHIBIT B L (` Page 6 6 u 11 Any 1996 Bonds that are purchased by the District with amounts held to pay a sinking fund installment will be cancelled and an amount equal to the principal amount so purchased will be applied as a credit against the next succeeding sinking fund installment. Sinking fund installments are also subject to recalculation, as provided in the Indenture, as the result of the redemption of 1996 Bonds to reamortize the remaining outstanding principal balance of the 199'.6 Bonds in substantially level installments of principal and interest over the remaining term thereof. The 1996 Bonds shall be redeemed (i) in whole on the earliest possible date to the extent that there are sufficient proceeds deposited in the 1996 Reserve Account to redeem all of the Outstanding 1996 Bonds at the principal amount thereof, without premium, plus accrued interest thereon to the date of redemption, and (ii) in whole on any date, or in part on the earliest possible interest Payment Date in inverse order of maturities and by lot in the manner determined by the Trustee, at the principal amount thereof, without premium, plus accrued interest thereon to the date of redemption, to the extent of any money held' on deposit in the 1996 Optional Redemption Subaccount. Notice of redemption of the 1996 Bonds is required to be mailed by the Bond Registrar at least 30 and not more than 60 days prior-to-the redemption date to each registered holder gf-•the 1996 Bonds to be redeemed at the address of such registered Holder recorded on the bond register maintained by the Bond Registrar. On the date designated for redemption, notice having been given and money for the payment of the redemption price being held by the Trustee, all as provided in the Indenture, the 1996 Bonds or such portions thereof so called for redemption shall become and be due and payable at the redemption price provided for the redemption of such 1996 Bonds or such 11 Maturity. 000017CF.W51 EXHIBIT B Page 7 16 G portions thereof on such date, interest on such 1996 Bonds or such portions thereof so called for redemption shall cease to accrue, such-1996 Bonds or such portions thereof so,;.called for redemption shall cease to be entitled to any benefit or security under the Indenture and the holders thereof shall have no rights in respect of such 1996 Bonds or such portions thereof so called for redemption except to receive payments of the redemption price thereof so held by the Trustee. The holders of this Global Bond and the 1996 Bonds represented hereby shall have no right to enforce the provisions of the Indenture or to institute action to enforce the covenants therein, or to take any action with respect to any Event of Default under the Indenture, or to institute, appear in or defend any suit or other proceeding with respect thereto, except as provided in the Indenture. In certain events, on the conditions, in the manner and with the effect set forth in the Indenture, the principal of all the 1996 Bonds then Outstanding under the Indenture may become and may be declared due and payable before the stated maturities thereof, with the interest accrued thereon. Modifications or alterations of the Indenture or of any indenture supplemental thereto may be made only to the extent and in the circumstances permitted by the Indenture. Any moneys held by the Trustee in trust for the payment and discharge of any 1996 Bond which remain unclaimed for six years after the date when such 1996 Bond shall have become due and payable, either at its stated maturity or by call for earlier redemption, if such moneys were held by the Trustee at such date, or for six (6) years after the date of deposit of such moneys if deposited with the Trustee after the date when such 1996 Bond became due and payable, shall be paid to the District, and thereupon and thereafter no claimant shall have any rights against the Trustee to or in respect of such moneys. This 1996 Bond shall be governed by and construed in accordance with the laws of the State of Florida. 000017CF.W51 EXHIBIT B 1 6 G Page 8 It is hereby certified that the following is a true and complete copy of the text of the legal opinion of White & Case, Miami, Florida, regarding the issue of the 1996 Bonds, the original of which opinion was manually executed, dated and issued as of the date of delivery of and payment for the 1996 bonds, and a copy of which is on file with the undersigned: (FORM OF BOND COUNSEL OPINION) 000017CF.W51 FIRST SUPPLEMENTAL INDENTURE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT TO W &C DRAFT G 7/19/96 , AS TRUSTEE Dated as of , 1996 16G FIRST SUPPLEMENTAL INDENTURE THIS FIRST SUPPLEMENTAL INDENTURE (the "First Supplemental Indenture "), dated as of , 1996, between FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, a community development district organized and existing under the laws of the State of Florida (the "District "), and as trustee, a national banking association existing under the laws of the United States (the "Trustee"). RECITALS OF THE DISTRICT The District -has entered into a Master Trust Indenture, dated as of , 1996 (the "Indenture ") with the Trustee for the purpose of issuing the Bonds (as therein defined), in one or more series as may from time to time be authorized by one or more resolutions of the Board of Supervisors of the District. Pursuant to Resolution No. 96 -[ J, adopted by the Governing Body of the District on , 1996, the District has authorized the issuance, sale and delivery of $ of its Fiddler's Creek Community Development District Special Assessment Revenue Bonds, Series 1996 (the "1996 Bonds ") as a Series of Bonds, and has authorized the execution and delivery of this First Supplemental Indenture to secure the issuance of the 1996 Bonds and to set forth the terms thereof. The District will apply the proceeds of the issuance of the 1996 Bonds to: (i) finance the Cost of the Series Project as further described in Exhibit A hereto and the Costs of Issuance relating to the 1996 Bonds; (ii) pay Capitalized Interest on the 1996 Bonds; and (iii) fund the 1996 Reserve Account. Pursuant to the Constitution of the State of Florida and Chapter 75 of the Florida Statutes (1995), as amended, the Bonds were validated by judgment of the Circuit Court of the Twentieth Judicial District of the State of Florida in and for Collier County, Florida, rendered on , 1996, the period for appeal having expired and no appeal from such final-judgement having been taken. NOW, THEREFORE, THIS FIRST SUPPLEMENTAL INDENTURE WITNESSETH: 000016ZR.W51 16G That the District, in consideration of the premises, the acceptance by the Trustee of the trusts hereby created, the mutual covenants herein contained, the purchase and acceptance of the 1996 Bonds by the purchaser or purchasers thereof, and other good and valuable consideration, receipt of which is hereby acknowledged, and in order to secure the payment of the principal, premium, if any, and interest on, all Outstanding 1996 Bonds from time to time, according to their tenor and effect, and such other payments required to be made under the Indenture or hereunder, and to secure the observance and performance by the District of all the covenants, expressed or implied in the Indenture, this First Supplemental Indenture and the 1996 Bonds, does hereby assign, pledge and grant a security interest to the Trustee, and its successors in the trust under the Indenture, and their successors and assigns forever: All right, title and interest of the District, in, to and under, subject to the terms and conditions of the Indenture and the provisions of the Indenture pertaining to the application thereof for or to the purposes and on the terms set forth in the Indenture, the revenues derived by the District from the Series Assessments described in Resolution No. 96 -[ ] adopted by the Governing Body of the District (the 111996 Pledged Revenues ") and the Series Accounts (except the Series Rebate Account) established pursuant to the Indenture in respect of the 1996 Bonds (the "1996 Pledged Accounts ") which shall comprise a part of the Series Trust Estate securing the 1996 Bonds (the 111996 Trust Estate "); TO HAVE AND TO HOLD the 1996 Trust Estate, whether now owned or held or hereafter acquired, unto the Trustee and its successors and assigns forever; IN TRUST NEVERTHELESS, except as in each such case may otherwise be provided in the Indenture, upon the terms and trusts in the Indenture set forth for the equal and proportionate benefit and security of all present and future Holders of the 1996 Bonds issued or to be issued under and secured by this First Supplemental Indenture, without preference, priority or distinction as to Lien or otherwise, of any one 1996 Bond over any other 1996 Bond. And the District hereby covenants and agrees to and with the Trustee, for the equal and proportionate benefit of the respective Holders from time to time of the 1996 Bonds, as follows: 000016ZR.W51 -2- 16G Section 1. There shall be an initial series of Bonds entitled "Fiddler'p Creek Community Development District Special Assessment Revenue Bonds, Series 1996" (herein called the "1996 Bonds "). The Stated Maturity of the 1996 Bonds shall be and the aggregate principal amount thereof which may be authenticated and delivered and Outstanding is limited to $ The 1996 Bonds shall bear interest from or from the most recent interest Payment Date to which interest has been paid or duly provided for. The 1996 Bonds shall bear interest payable semi - annually on and of each year, at the rate of V. The principal and the redemption price of, and interest on, the-1996 Bonds shall be payable at the Corporate Trust Office of the Trustee located at The 1996 Bonds shall initially be represented by a Global Bond, substantially in the form of Exhibit B hereto (the "Global Bond "), which shall be issued without coupons and registered in the name of the Depositary or its nominee. The Global Bond shall have such appropriate insertions, omissions, substitutions and other variations as are required or permitted by this Indenture and may have such letters, numbers or other marks of identification and such legends or endorsements placed thereon as may be required to comply with applicable securities laws or the rules of any securities exchange or as may, consistently herewith, be determined by the Authorized Representatives executing such Bonds, as evidenced by their execution thereof. Any portion of the text of the Global Bond may be set forth on the reverse thereof, with an appropriate reference thereon on the face of such Global Bond. So long as the Global Bond is registered in the name of the Depositary or its nominee, the Depositary or its nominee, as the case may be, -will be considered the sole owner of the Global Bond for all purposes hereunder and under the 1996 Bonds. Neither the District nor the Trustee will have any responsibility or'liability for any aspect of the records relating to or payments made by the Depositary on account of beneficial interests in the Global Bond. Except as provided in this Section, holders will not be entitled to have 1996 Bonds registered in their names. Notwithstanding the foregoing, nothing herein shall impair, 000016ZR.W51 -3- 16G as between the Depositary and its participants, the operation of customary practices governing the exercise of the rights of a holder of any 1996 Bond. Unless and until the Global Bond is exchanged in whole for 1996 Bonds in definitive form, the Global Bond may not be transferred except as a whole by the Depositary to a nominee of the Depositary or by a nominee thereof to the Depositary or by the Depositary or any such nominee to a successor Depositary or a nominee of such successor Depositary. Except as provided in this paragraph, the 1996 Bonds will not be issued in definitive form. If at any time the Depositary notifies the District that it is unwilling or unable to continue-as Depositary for the 1996 Bonds, or if at any time the Depositary ceases to be a clearing agency registered under the Securities Exchange Act of 1934, as amended (or otherwise ceases to be eligible to be a Depositary), or if the Depositary requires the District to deliver 1996 Bonds in definitive form upon the occurrence of an Event of Default, the District will execute, and the Trustee, upon receipt of such executed definitive 1996 Bonds, will authenticate and deliver 1996 Bonds in definitive registered form without coupons in an aggregate face amount equal to the aggregate face amount of the Global Bond and otherwise in accordance with terms of this Indenture, in exchange for the Global Bond. In any such case, the Trustee shall execute and deliver a supplemental indenture reflecting the issuance of definitive 1996 Bonds. Section 2. The 1996 Bonds may, at the option of the District, be redeemed in whole at any time, or in part on any interest Payment Date from the proceeds deposited in the 1996 Optional Redemption Subaccount, on or after by lot in the manner determined by the Trustee, at the redemption prices (expressed as a percentage of the principal amount of the 1996 Bonds) set forth in the following schedule, plus accrued interest thereon to the redemption date: Period Redemption Price through through through through and thereafter 000016ZR.W51 -4- 16G The 1996 Bonds shall be redeemed from the proceeds in the 1996 Bond Sinking Fund Account, in part by lot in the manner determined by the Trustee, prior to their scheduled maturity, in the amounts set forth below at a price of par, without premium, plus accrued interest thereon to the date of redemption: Principal Principal Year Amount Year Amount v Any 1996 Bonds that are purchased by the District with amounts held to pay a sinking fund installment will be cancelled and an amount equal to the principal amount so purchased will be applied as a credit against the next succeeding sinking fund installment. Sinking fund installments are also subject to recalculation, as provided in the Indenture, as the result of the redemption of 1996 Bonds to reamortize the remaining outstanding principal balance of the 1996 Bonds in substantially level installments of principal and interest over the remaining term thereof. The 1996 Bonds shall be redeemed (i) in whole on the earliest possible date to the extent that there are sufficient proceeds deposited in the 1996 Reserve Account to redeem all of the Outstanding 1996 Bonds at the principal amount thereof, without premium, plus accrued interest thereon to the date of redemption, and (ii) in whole on any date, or in part on the earliest possible interest.Payment Date in inverse order of maturities and by lot in the manner determined by the Trustee, at the principal amount thereof, without premium, together with accrued interest thereon to the date of redemption, to the P Maturity. 000016ZR.W51 -5- 16G extent of any money held on deposit in the 1996 Prepayment Subaccount. Notice of redemption of the 1996 Bonds is required to be mailed by the Bond Registrar at least 30 and not more than 60 days prior to the redemption date to each registered holder of 1996 Bonds to be redeemed at the address of such registered Holder recorded on the bond register maintained by the Bond Registrar. On the date designated for redemption, notice having been given and money for the payment of the redemption price being held by the Trustee, all as provided in the Indenture, the 1996 Bonds or such portions thereof so called for redemption shall become and be due and payable at the redemption price provided for the redemption of such 1996 Bonds or such portions thereof on such date, interest on such 1996 Bonds or such portions thereof so called for redemption shall cease to accrue, such 1996 Bonds or such portions thereof so called for redemption shall cease to be entitled to any benefit or security under the Indenture and the holders thereof shall have no rights in respect of such 1996 Bonds or such portions thereof so called for redemption except to receive payments of the redemption price thereof so held by the Trustee. Section 3. Simultaneously with the execution and delivery hereof, the District shall establish with the Trustee each of the Series Accounts and the Series Rebate Account in respect of the 1996 Bonds, to be denominated the "1996 Acquisition and Construction Account,,, the "1996 Cost of Issuance Account," the "1996 Bond Sinking Fund Account," the "1996 Interest Account," the "1996 Redemption Account," the "1996 Prepayment Subaccount," the "1996 Optional Redemption Subaccount," the "1996 Reserve Account," the "1996 Revenue Account," and the "1996 Rebate Account ". Section 4. The proceeds of the issuance of the 1996 Bonds, $ , shall, as soon as practicable upon the delivery thereof to the Trustee by the District pursuant to the Indenture, be applied as follows: (a) $ , representing Capitalized Interest, shall be deposited in the Series Interest Account established in respect of the 1996 Bonds; (b) $ , representing the Costs of Issuance relating to the 1996 Bonds, shall be deposited in the Series Cost of Issuance Account established in respect of the 1996 Bonds; 000016ZR.W51 _6_ 16G (c) $ , representing the Series Reserve Account Requirement for the 1996 Bonds, shall be deposited in the Series Reserve Account established in respect of the 1996 Bonds; and (d) $ , representing the balance of the proceeds of the issuance of the 1996 Bonds after the deposits describeci'above, shall be deposited in the Series Acquisition and Construction Account established in respect of the 1996 Bonds. Section 5. The Indenture, as supplemented and amended by this First Supplemental Indenture, is in all respects ratified and confirmed, and the Indenture and this First Supplemental Indenture shall be read, taken and construed as one and the same instrument. Section 6. In case any provision in this First Supplemental Indenture or in the Global Bond or the 1996 Bonds shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions (or of any other Series of Bonds) shall not in any way be affected or impaired hereby. Section 7. Nothing in this Supplemental Indenture, expressed or implied, shall give to any Person, other Char. the parties hereto and their successors hereunder, and the Holders of the Global Bond and the 1996 Bonds any benefit or any legal or equitable right, remedy or claim under this First Supplemental Indenture. Section 8. This First Supplemental Indenture, the Global Bond and the 1996 Bonds shall be deemed to be a contract made under the laws of the State of Florida and this First Supplemental Indenture and each such Bond for all purposes shall be governed by and constructed in accordance with the laws of the State of Florida. Section 9. All terms used in this First Supplemental Indenture not otherwise defined herein that are defined in the Indenture shall have the meanings set forth therein. Section 10. This First Supplemental Indenture may be executed in any number of counterparts, each of which shall be an original; but such counterparts shall together constitute but one and the same instrument. Section 11. The recitals contained herein and in the Global Bond and the 1996 Bonds, except the certificate of 000016ZR. W51 -7- authentication of the Trustee thereon, shall be taken as statements of the District, and the Trustee assumes no responsibility for their correctness. The Trustee makes no representations as to the validity or suff.ciency of the Indenture or this First Supplemental Indenture or of the Global Bond or the 1996 Bonds and shall not be accountable for the use or application by the District of the Global Bond or the 1996 Bonds or the proceeds thereof. IN WITNESS WHEREOF, the District and the Trustee have caused this First Supplemental Indenture to be duly executed, and their corporate seals to be hereunto affixed and attested, as of the day and year first above written. SEAL FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT Attest: Secretary SEAL Attest: Secretary By: Chairman, Board of Supervisors Trustee By 000016ZR. W51 -8- Responsible Officer , as 16G 11 E, OF MEETING 11 DI' CREEK COAEMIUNTrY DEVELOPAIENT • JN,.. . ._ . 7 :rd of County Cort��ti;;i. The regular meeting of the Board of Supervisors of Fiddler's Creek Community Development District was held on Wednesday, September 25, 1996 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 Riegelhaupt James Ward Tony Pires Tom Taylor Terry Cole Tony Dinardo Mark Strain Hank Fishkind 1 ••' .14 Ij Di M S `11 �.�. Chairman Vice - Chairman Assistant Secretary Assistant Secretary Assistant District Manager Attorney Hole, Montes & Associates Hole, Montes & Associates 951 Land Holdings 951 Land Holdings Fishkind & Associates • : 1 _• ICU u +�: . Corre -: 0 7 1fi,gj1i Is; I�1. Mr. Ward called the meeting to order and stated the record will reflect that all Supervisors are present with the exception of Mr. Minor. A. Oath of Offim for Newly E3ected Supervisors Mr. Ward, being a Notary of the State of Florida administered the Oath of Office to Mr. Mullins, Mr. Riegelhaupt, Mr. Olson and Mr. Woodward which will be made part of the official District records. R Consideration of Resolution 96-17 Canvassing and Certifying the Results of the Landowners 0eedon Mr. Ward stated Resolution 96 -17 indicates that the following five individuals were elected pursuant to the landowners election we recently held: Paul Riegelhaupt received 1,348 votes; Arthur Woodward received 1,348 votes; Clifford Olson received 1,345 votes; Larry Mullins received 1,345 votes and Grady Minor received 1,345 votes. Those individual's names and the number of votes they received will be inserted into section one of the Resolution. Pursuant to the 16G September 25,1996 16( provisions contained in the Statutes, Mr. Riegelhaupt and Mr. Woodward will serve four year terms and Mr. Olson, Mr. Mullins and Mr. Minor will serve two year terms and their names will be inserted in section two of the Resolution. The Resolution is recommended for your consideration with the changes I have noted for the record. On MOTION by Mr. Mullins seconded by Mr. Woodward with all in favor Resolution 96 -17 canvassing and certifying the results of the Landowners election of Supervisors held pursuant to Section 190.006(2), Florida Statutes was adopted. Mr. Ward stated Resolution 96 -18 ratifies and approves certain Board action evidenced by Resolutions 96 -1 through 96 -16 adopted at a duly advertised meeting of the Board of Supervisors on August 20, 1996 and all other actions taken by the Board. The initial Board is an interim Board authorized by Statute until such time as the landowners election is held. We now have a permanent Board. This Resolution ratifies all actions taken by the past Board. Resolution 96 -18 was included in your agenda package and is recommended for your consideration. un mL)-riuA ay mr. uison seconaea ay mr. wooawara with all in favor Resolution 96 -18 ratifying and approving certain Board action evidenced by Resolutions 96 -1 through 96 -16 adopted at a duly advertised meeting of the Board of Supervisors on August 20, 1996 and all other actions taken by the Board was approved. 11E[RD ORDER OF BUSINESS Public Hearings A. Adoption of Procedural Rules Mr. Ward stated we have provided each of you with a draft of the Rules of Procedure for Fiddler's Creek CDD. The Rule is being adopted pursuant to Chapter 190 and Chapter 120, which is the Administrative Procedures Act of the State. The Rules codify what is already codified in a number of Statutes in terms of how you operate the District, the Public Records Law that you must opine to, and how you operate your meetings. The balance of the Rules of Procedure deal with your purchasing responsibilities within the District and how you purchase everything from engineering services to plants that may be required at some future date. These rules are a codification of existing Statutes on the books and 2 September 25,1996 16G puts them all into one document. This is a public hearing and I would suggest that you open the meeting at this point to public comments. Mr. Mullins stated the meeting is now opened to the public. Mr. Ward asked are there any members of the public who would like to address the Board relative to the Rules of Procedure that we utilize to conduct Board meetings? There not being any, On MOTION y Mr. Woodward secon e y Mr. 01 son with all in favor the public hearing was closed. On MOTION by Mr. Kiegelhaupt seconded by Mr. Woodward with all in favor the Rules of Procedure was adopted. B. Adoption of Resolution 96-19 the District's Intent to Utilize the Uniform Method of Levying, Collecting and Enforcing Non Ad Valorem Assessments Mr. Ward stated Resolution 96 -19 allows the Board to utilize the services of the Property Appraiser and Tax Collector of Collier County to place any non ad valorem assessments which you may impose only within the boundaries of the Fiddler's Creek CDD for services you will provide to the community. Mr. Mullins stated the meeting is now opened for any public comments. Mr. Ward asked are there any comments relative to Resolution 96 -19? There not being any, On MOTION by Mr. Woodward seconded by Mr. Olson with all in favor the 2ublic hearin was closed. On MOTION by Mr. Woodward seconded by Mr. Olson with all in favor Resolution 96 -19 expressing its intent to utilize the uniform method of levying, collecting and enforcing non ad valorem assessments which hereinafter may be levied by the District in accordance with the provisions of Chapter 197.3632 F.S.; and ,providing an effective date was adopted. C. Public Hearing on the Adoption of Special Assessments A. Public Comment and Testimony September 25,1996 16G Mr. Ward stated I would like Dr. Fishkind to take a few minutes and go through the methodology that he utilized in apportioning the costs for this program. Dr. Fishkind stated for the record, I am Hank Fishkind from Fishkind & Associates and I serve as Financial Advisor to the District. I have read the discussion from the last Board meeting concerning the methodology and I feel you are familiar with it. This is an update of the previous report that was submitted. The only changes relate to cleaning up a few typographical errors and on the last portion of the report marked Table 7 is an actual Tax Roll. I call the Board's attention to one particular factor. You will notice that the total acreage in these Tax I.D. numbers is 1,276.95 acres which is less than the acreage in the District. The difference being that some lands have been conveyed to public entities. This is the remaining developable portion and there is no inconsistency. These Tax I.D. numbers show the acreage and the total assessments which amount to $93,000,295. We have a construction budget to build out all of the infrastructure in the Master Plan according to our engineer. This was approximately $63,000,000. The difference between $63,000,000 and $93,000,295 is two years of capitalized interest we assumed for each bond issue, plus a debt service reserve of 10% which is required in these kinds of bonds. I would like to emphasize that you are not levying and collecting $10,000,000 a year from this land to support $95,000,295 worth of debt. We do not have any debt. What we are doing is making it possible for the District to move forward to complete the construction plans and we want to get these assessments and liens in place. We will be back with a specific bond issue for Phase I. It will be smaller than this, but by adopting and equalizing these assessments, we are then in a position to borrow money and put some improvements into the ground on behalf of the District. The report describes a methodology which is like a road map that will allow the Board to allocate debt to specific land uses. At this point there are no specific land uses. We have spread that debt on equal acreage basis across the land. The methodology describes what happens when the landowner comes in with a Plat. It allows the allocation debt to each kind of land uses based on the benefit that those land uses derived from the improvements that the Board has approved. This is what this report is about. It allows us to have a procedure. Most of the tabulation is an analysis of the land plan as the developer understands what he would like to do and how that would translate into specific allocations of $93,000,295. It is only an example because nobody knows for certain how this property will build out. This provides you with 4 September 25,1996 a detailed example of how we would propose to go about moving the allocations from an acreage basis to a benefit basis as specific land uses apply. Once they are platted is when we will know what it is going to be. Mr. Ward stated the purpose of the public hearing portion relative to the adoption of the non ad valorem special assessments is to determine whether or not there will be any testimony given to you of the affected property owners which are only people within the boundaries of the Fiddler's Creek CDD who object to the methodology utilized by Dr. Fishkind for the imposition of these assessments. Mr. Mullins stated the meeting is now open for public comments. There not being any, On MOTION by Mr. Olson seconded by Mr. Riegelhaupt with all in favor the publiS±2atnLwas closed. B. Equalization of Assessments Mr. Ward stated based on the comment and testimony you received at your public hearing, the Board by Statute will act as an Equalization Board to equalize the assessments within the community. Since there were no public comments or testimony, there is no need for you to act as an Equalization Board at this time. C. Adoption of resolution 96-20 Mr. Ward stated Resolution 96 -20 is recommended for the Board's consideration. On MOTION by Mr. Riegelhaupt seconded by Mr. Woodward with all in favor Resolution 96 -20 authorizing District projects; equalizing, approving, confirming, and levying special assessments on property specially benefited by such projects to pay the cost thereof; providing for the payment and the collection of such special assessments by the method provided for by Chapters 170 and 197, Florida Statutes; confirming the District's intention to issue special assessment bonds; providing for severability, conflicts and an effective date was adovted. FOUYrM ORDER OF BUSINESS Approval of the Minutes of the August 20,1996 Meeting Mr. Ward stated each Supervisor had received a copy of the August 20, 1996 minutes and requested any additions, corrections or deletions. There not being any, 0 16G September 25,1996 On MOTION y Mr. Toodwarl seconded y Mr. Riegelhaupt with all in favor the August 20, 1996 minutes were a2proved as corrected. FIFTH ORDER OF BUSINESS Consideration of Ranking of Engineering k'irms Mr. Ward stated that each Supervisor had received a copy of the requests for proposals from all the engineering firms along with a projected ranking sheet. Mr. Riegelhaupt stated I was not clear as to the ranking system you wanted used. Mr. Ward stated there are six different factors we utilize for ranking engineers; familiarity with the project, prior District experience, staffing, work load, etc. and below that we provided a weight factor. You score them from one to five with five being the best. Then, based upon that score, we apply the above weight factor for a total score for each specific item that we are ranking. At the end of that we total the scores and the firm with the highest total will be ranked number one, etc. 16G Mr. Taylor stated we are working with the developer on the property and it is not an unusual situation with regards to CDDs. Disclosure of all issues that could be a conflict would be brought to your attention. In most occasions the developer would be working close with the District. Mr. Strain stated we fully support Hole Montes in their position as representatives for us on the project. They do an excellent job and their efforts in working with this project would be of benefit to all. Mr. Ward stated since you have ranked HoIe Montes as the number one engineering firm, I recommend that you make a motion to rank them in that order and to authorize your Staff to negotiate an agreement with Hole Montes & Associates outlining the business terms and conditions which they will operate under and to propose a rate structure to you for that work. That agreement will then come back to you at a future meeting for action. If Staff is unsuccessful in negotiating an agreement with Hole Montes & Associates, then we should be authorized to go on to the second ranked engineering firm, Johnson Engineering, to continue the same negotiations and bring back to the Board. September 25,1996 16G vn inv-i-luly ¢y mr, vison seconded by Mr. Woodward with all in favor Hole Montes & Associates, Inc. was ranked number one and Johnson Engineering, Inc. as number two and Staff was authorized to negotiate an agreement with Hole Montes & Associates outlining the business terms, conditions and proposed rate structure for the work. SIrM ORDER OF BUSINESS Status Report on Financing There not being any, the next item followed. 41P C119:11 I ft A. Attorney There not being any, the next item followed. B. Manager There not being any, the next item followed. EIGHTH ORDER OF BLTSPTESS Sup;,r_-.A*pc„r'p P.- guests and Audience Comments Mr. Riegelhaupt stated I would like copies of all public notices issued to be sent to the Board. Mr. Mullins stated in conjunction with the next meeting, I would like to go down to the property, view it, and have a sense of what is going on. Mr. Ward stated as I indicated to you at your organizational meeting, you are public officials. In order to have a tour of the property as a Board, that meeting and tour must be noticed and I would have to record it in some form so that it can be transcribed. I suggest that if you would like to do that, let me ge/, with the developers and work something out with them so that you can see the property. Then if a tour is required after that, we can accommodate you. NINTH ORDER OF BUSINESS Approval of Invoices There not being any, the next item followed. V1i LY1V -L Lu-n oy mr. wooawara seconded by Mr. Riegelhaupt with all in favor the meeting was adjourned at 10:45 A.M. Larry ns, Chairman J mes Ward, Secretary AGENDA 16G FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT Wednesday Northern Trust Bank Building September 25 1996 4001 Tamiami Trail North, 4th Floor - Larson Room 10:00 A.M. Naples, Florida 33940 1. Roll Call 2. Organizational Matters A. Oath of Office for Newly Elected Supervisors B. Consideration of Resolution 96-17 Canvassing and Certifying the results of the Landowners Election C. Consideration of Resolution 96-18 ratifying Past Board Actions 3. Public Hearings A. Adoption of Procedural Rules B. Adoption of Resolution 96 -19 Expressing the District's Intent to Utilize the Uniform Method of Levying, Collecting and Enforcing Non Ad Valorem Assessments C. Public Hearing on the Adoption of Special Assessments A. Public Comment and Testimony B. Equalization of Assessments C. Adoption of Resolution 96 -20 4. Approval of the Minutes of the August 20, 1996 Meeting 5. Consideration of Ranking of Engineering Firms 6. Status Report on Financing 7. Staff Reports A. Attorney B. Manager 8. Supervisor's Requests and Audience comments 9. Approval of Invoices 10. Adjournment NAPLES DAILY NEWS Published Dally Naples, FL 33940 Affidavit of Publication State of Florida County of Collier Before the undersigned authority, personally appeared Nina Iverson who on oath says that they serve as the s s e c r e a t y of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; that the attached copy of the advertising, being a Public Notice in the matter of Notice of Rulemaki ng was published in said newspaper 1 times In the Issues starting on 9 / 3 / 9 6 And ending rut Affiant further says that the said Naples Dally News Is a newspaper published at Naples, In said Golfer County, Florida, and that the said newspaper has heretofore been condnuousfy published in said Copier County, Florida, each day and has been entered as second Gass mail matter at the Post Office in Naples. in sold Caller County, Florida, for a period of 1 y ear next preceding the first publication of the attached copy of advertisement; and allLant further says that he has neither paid not promised any person, firm or corporation any discount, rebate, commission or rotund for the purpose of securing this advertisement for publication in the said newspaper, (ZIfignature Of Afflant) Sworn tp and subscribed before me this 4 t h day of Oct. . •. VZJMW44=�W, Ed t Y Personally k ve oduced Identification Type of identification ProduceA 166 Notice Of Rtilemaldng Fiddler's Creek Community Development District Rule Chapter Tilde Fiddler's Creek Community Develop- ment District, General and Prwxdurd Rules Rule Chapter No: A•1 Purpose, Effect and &xwnary. To establish qe and procedural rules for Fiddler's dCreek Community Development District, Collier County, Florida established Pursuant to Chapter 190, F.Sr. The rules would establish oper- afing procedure for the Community De- velopment District (C.D.D.) Board of Su- pervisors n and the District Monger for Ilrr of public records for C.b.D. meetings, rulemakin9 proceedings, de- claratory statements, the conduct of proceedings determining substantial In- terests, anb for competitive bidding Specific leRu making Aultwity: 120.53(1),190.011, F.S Law Implemented: 190.011 F.S. Copies of the full text of of the proposed rule ICW Offlceb t0. 11 Motor (, oral Springs Florkfa, 33071 (954) 753-0380. The Board wild consider the adoption of the above do- sorbed rule at Its reyu�orfy scheduled meeting of September 2S, 1996, 10:00 AAL to be held in the Northern Trust Bank Bulkf- ing, 4001 Taniamt Trail North, 4th Floor, The Larson Room, Naples Florida ��L r Moyer September 3 No. 656278 JOYCE E. BIAZIER W COMtMION I CC3MI EXPIRES Apd 10, IM Personally k ve oduced Identification Type of identification ProduceA 166 Notice Of Rtilemaldng Fiddler's Creek Community Development District Rule Chapter Tilde Fiddler's Creek Community Develop- ment District, General and Prwxdurd Rules Rule Chapter No: A•1 Purpose, Effect and &xwnary. To establish qe and procedural rules for Fiddler's dCreek Community Development District, Collier County, Florida established Pursuant to Chapter 190, F.Sr. The rules would establish oper- afing procedure for the Community De- velopment District (C.D.D.) Board of Su- pervisors n and the District Monger for Ilrr of public records for C.b.D. meetings, rulemakin9 proceedings, de- claratory statements, the conduct of proceedings determining substantial In- terests, anb for competitive bidding Specific leRu making Aultwity: 120.53(1),190.011, F.S Law Implemented: 190.011 F.S. Copies of the full text of of the proposed rule ICW Offlceb t0. 11 Motor (, oral Springs Florkfa, 33071 (954) 753-0380. The Board wild consider the adoption of the above do- sorbed rule at Its reyu�orfy scheduled meeting of September 2S, 1996, 10:00 AAL to be held in the Northern Trust Bank Bulkf- ing, 4001 Taniamt Trail North, 4th Floor, The Larson Room, Naples Florida ��L r Moyer September 3 No. 656278 Naples Daily News Naples, FL 33940 Affidavit of Publication FIDDLER'S CREEK COH"ITY DEV. DISTRICT — "AY NOyER I 10300 H U I 1TH NANOR CORAL SPRINGS FI REFERENCE: 052301 5736123 State of Ftorida County of Collier Before the under. appeared B. Lamb A Daily News, a dail; in Collier County, copy of advertisini newspaper on dates Iffiant further t News is a newspaper Collier County, Flo newspaper has herat published in said G day and has been en- natter at the post c Collier County, Flo► next preceding the i attached copy of adr further says that he any person, fire or rebate, coswission a securing this advert said newspaper. PUBLISHED ON: 0910 I AD SPACE: 17.166 FILED ON: 09/17/S Signature of Affiant Sworn to and Subscribe Personally known by cur .A RESOLUTION OF THE BOARD DOOF�� Is COMMUNITY DEVELOPMENT DISTRICT DECLARING SPECIAL ASSESSMENTS; E1N- DICATING THE LOCATION NATURE AND ESTIMATED COST OF THOSE IMPROVE- MENTS WHOSE COST IS b BE DEFRAYED BY THE SPECIAL ASSESSMENT • PRO- VIDING THE PORTION OF THE ESTIMATED COST OF THE IMPROVEMENTS TO BE PARTIALLY DEFRAYED BY THE SPECIAL ASSESSMENTS' PROVIDING THE MAN- NER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BEE LEVIED; PROVIDING FOR AN AS- SESSMENT PLAT AUTHORIZING THE PREPARATION OF A PRELIMINARY ASSESS- MENT ROLL; PR6V101NG FOR A PUBLIC HEARING TO CONSIDER THE ADVISABIU- TY AND PROPRIETY OF SAID ASSESSMENTS AND THE RELATED MOVE- MENTS; PROVIDING FOR NOTICE OF SAID PUBLIC HEARING; PROVIDING FOR PUBLICATION OF THIS RESOLUTION. WHEREAS, the Board of Superytson of the Fiddler's Creek Community District ("Board") has determined to mace -or cause to acquire the Public Improvements set forth In the Pis and spectfkaions.ovdioble for review at the offices of Hole, Mantes 6 Associates, Inc., ('I '' provemenh 'pond WHEREAS, the I�oard has determined fhot lte Fiddler's Creek Community District ('Dlsirld') shall defray the Cost of the Improvements by special assessments ('Assess- me m k and WFi�REAS, the District Is empowered by Chapter 190, the Uniform Commurity Devel- opmerd District Act, and Chapter 170, . Supplemental Alternative Method of Making Local and ovements, Florida Statutes (1993), and Chapter 197, Florida Statutes (1993) =floe the mprovements and to levy the Assesunerds F&L&,s CREE1: COMMUNITY . DEVELOPMENT DISTRICT, �COLLIERS COUNTY, FLORIDA: 1. Assesxromts may be levied to defray the cost of Improvements. 2. The- nature of the Improvements more specifically described In the plans and spectfica- tlom on file at =Mantes & Associates, Inc 3. The general of the Improvements Is shown on the plans and specifications 4. The estimated cost of the Improvements Is $65,331,000.00 (hereinafter referred to as the 'Estimated Cost "). 5. The Assessnwft will defray approximately $93,295,000.00 which Includes the Esfimot- eedsmcCoost, plus financing related cost, a cap"Ized Interest, debt service reserve and Contin- 6. The manner Ui which the Assessments shall be mode Is contained wfthln a report to wit Assessment Whodo Report, dated August 11 1996 available of the offices of the Dls- Wll Manage, 10300 W. 11th Minor, Cora Springs, kiorldo 33071; and the office of the District Attorney, Woodward, Pkes & Lombardo, PA.,. 601 Laurel Oak Drive, Suite 610; Naples, Florida, 34110 7. The Assesunlegnuts ssholl be levied on all lots and lads within the District, which ore ad- eflted thereby andturther deggnat bounding onn fto� ssment plattrreferenced bbeeloow.� specially ben- t. There is on file with Hole Monies & Associaes, W, on assessment plat showlrrqg the urea to be assessed, with plan and specifications describing the Improvements and the " Estimate of the Cost, which shall be open to inspection by the public. 9. The District M Is hereby outhaized and directed to cause 10 be mode a preliml- nay assessment roll as promptly as possible, which shall show the lots and lands as- sessed, the number of annual Installments Into which the assessment sr against nt is divided. � or parch a land and 10. Conunencing with the year in which the Assessments are confirmed, the Assessments shall be paid In not more than twenty annual installments payable of the some time and In the some monner as are od•volorem taxes and as prescribed by Chapter 197, F.S. the As- sessments may be collected as Is otherwise permitted by law. 11. Upon completion of the preliminary assessment roll, the Board shall adopt o subse- quent resolution to fix o Nme and pl0Ce at which the owners of property to be assessed or any otter persons. Interested therein may appear befori the Board and'be heard as to the Uprrok,ty, and odvisobllity of .the assessments or the making of the Improvements, the cost ttnereof, the manner of payment therefore, or the amount thereof to be assessed against each property as improved 12. The District Manager is hereby directed to cause this resolution to be published twice In o newspaper of general circulation within Collier County. PASSED AND ADOPTED this 20th'day of August, 1996. BOARD OF SUPERVISORS OF FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT a Florida Independent Special Dlslricf Chokman NNO" Seat $In 41""c 16G Naples Daily News Naples, FL 33940 Affidavit of Publication 16G AD SPACE: 12.166 INCH FILED ON: 09/17/96 ----------- ------- -- ------- ----- ---- --- --- - ----------------------- Signature of Affiant Z ' Sworn to and Subscribed before me this day of Personally known by me �Ci!�yTCliyl —' i Judith A. Flanigan �••' I MY COhihpSS10N / CCS08787 EXPIRES ?+?` February 19. 2000 .. \. OoNOED THft r" INN W3UR Na. Ihc. RESOLUTION 96.15 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK FIDDLER'S CREEK CONNUNITi COMMUNITY DEVELOPMENT DISTRICT SETTING A PUBLIC HEARING TO BE DEV. DISTRICT -GARY MOYF HELD ON SEPTEMBER 25, 1996 AT 10:00 A.M. AT GULF BAY COMMUNITIES, 4001 10300 Nu 11TH MANOR TAMIAMI TRAIL NORTH SUITE 350 NAPLES, FLORIDA FOR THE PURPOSE OF HEARING PUBLIC COMMENT ON .100SING A SPECIAL ASSESSMENT ON CERTAIN CORAL SPRINGS FL 33071 PROPERTY WITHIN THE DISTRICT GENERALLY DESCRIBED AS FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT IN ACCORDANCE WITH CHAPTERS 170, 197 AND 190, FLORIDA STATUTES. WHEREAS, the Board of Supervisors of the Fiddler's Creek Community District ('Board ") has previously adopted Resolution 96.14 entitled A Resolution of the Board of Supervisors of the Fiddler's Creek Community Disfrlct Declaring Special Assessments; Indicating The location, nature and estimated cost of those Improvements whose cost is to be partially REFERENCE: 052301 defrayed by special assessments, providing the portion of the estimated cost of the Im. provements to be defrayed by fhe special assessments; the manner in 57361254 RESOLL providing which such special assessments shall be made, providing when such special assessments shall be mode; designating lands upon which tie special assessments shall be levied; providing State of Florida for an assessment plat; authorizing the preparation of a preliminary assessment roll; pro - for hearing to the County of Collier vidlnq a public consider advisability and propriety of sold assessments and the related Improvements' for hedring; for Before the undersigned aut providing notice of said public providing publication of this Resolution ;ond appeared B. Lamb Assistant 5 WHEREAS In accordance with, Resolution 96.14 a preliminary assessment roll has been prepared and oil otter conditions precedent sef forth In Chapters 170 197 and 190, Deity Hews a daily news a Y Y P P Florida Statutes, to the holding of the aforementioned public hearing have been satisfied, in Collier County, Florida: and are gvoiloble for public Inspection at the offices of the District Manager at 10300 N.W. copy of advertising was publ newspaper on dates listed. 11th Manor Carol Springs Florida, 33071; and the office of the District's Attorney, Wood. ward Pires I Lombardo, P.A., 801 Lourel Oak Drive Suite 640, Naples Florida 34110 W6W 'HE THEREFORE BE IT RESOLVED BY BOARD 09 SUPERVISORS OF THE Affiant further says that FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, COLLIER COUNTY; News is a newspaper publishe FLORIDA: 1. There Is hereby declared a public hearing to be held at 10 :00 A.M.; September 25, 1946 Collier County, Florida, andl at the Northern Trust Bank Building, 4001 Tomlomi Trial North, 41h Floor • the Larson newspaper has heretofore beet Room, Naples, Florida, for the purpose of hearing comment and objection to the proposed published in said Collier col special assessment program for community. Improvements as identIfted In'the preliml- nary assessment roll, available at the offices of the District Manager at 10300 N.W. 11th Mawr Coral Springs, Florida 33071; anal the office of the Dish Ict AtforneYt Woodward day and has been entered as t matter matter at the post office in pPires Lombardo, PA 601 Laurel Oak DrNe Suite 640, Naples, Florida, 34110. AffecQ �K may at tEwt hearing ar submit heir comments In writing prior 1a tie meet- and wbm same to the otflce of the Dfstrlct Manager, 10300 N1H. 11th Manor, Coral Collier County, Florida, for SprIn9s,Florido 33071, . ' 2 e of sa(d hearing shalt be odverfised In accordance with Chapters 170, 191 and 190 next preceding the first pvbl Florida Stohrtes, anal the DIsMct r Is hereby outharlled to place sold ratice in o attached copy of advertisemen ofptneralcfrabtionwithln IlerCounty. further says that he has ne i t 3. T� his Resolution shall become effective upon Its poss' any person, firm or coporat io PASSED AND ADOPTED this 20th day of August, 1996. rebate, commission or refund BOARD OF SUPERVISORS OF THE securing this advertiseeent f� FIDDLER'S CREEK COMMUNITY said news paper. DEVELOPMENT DISTRICT A Florida Independent Special Dlstrlc Chairman PUBLISHED ON: 0910 0917 Secretary September 10, 17 No. 861583 AD SPACE: 12.166 INCH FILED ON: 09/17/96 ----------- ------- -- ------- ----- ---- --- --- - ----------------------- Signature of Affiant Z ' Sworn to and Subscribed before me this day of Personally known by me �Ci!�yTCliyl —' i Judith A. Flanigan �••' I MY COhihpSS10N / CCS08787 EXPIRES ?+?` February 19. 2000 .. \. OoNOED THft r" INN W3UR Na. Ihc. Naples Daily News Naples, FL 33940 Affidavit of Publication I I FIDDLER'S CREEK COMMUNITY I NOTK E BY THE FIDDLER'S CREEK DEV. DISTRICT - GARY MOYER I COMMUNITY DEVELOPMENT DISTRICT 10300 MY 11TH MANOR OF RS INTENT TO USE THE UNIFORM CORAL SPRINGS FL 33071 REFERENCE: 052301 57361480 NOTICE BY THE FIDDLE State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples,! in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affient further says that the said Naples Daily News is a newspaper published at Naples, in said AD VALOREM METHOD OF COLLECTION OF A NON AD VALOREM ASSESSMENT Notice Is hereby olven to all owners of lords located within the boundorks of the Fiddler's Creek Comrnunity ar velopment Distrk! Werxls to use it* unitarm red volo- rem method for cckdkq the non ad valo- Lrea c ama w ny Lmvefwrww D1Stw as set forth In Section 197-IM F.S. and that Crook Catxrxmnity. Deeyeio0ment District wIN hold a public heaft on Wednesday, September 25, 1996 at 10:70 AM in the Northern Trust Bank Budding, 4001 To* oml Tnall North 41h Floor, The Lursonl Room, Naples, Ff!orido. The purpose of the' pubfk hearing Is lo consider the odo�Mon of a resokMoe aufhorfzkng the Fiddler's t7eek, Community Development DI*ict to use the, uniform ad valorem method of collecting non ad valorem assessments levied by the 01n►elop- CoLlier County, Florida, and that the said I mem utsy t nse, io use The method of collection for a period of mor newspaper has heretofore been continuously l than one year which prat( knck4e Its yon a0' published in said Collier County, Florida, each l volerem assessment toe mohnknonce or capital facilities or both. I The Fkdler's Creek Community Devel- opment DWW will be odopfkq a new non natter at the post office in Naples, in said l ad valorem assessment for fknd CkV of i rmmore Collier County, Florida, for a period of 1 year ( 190 F'.d. whi hswilpl extend for fhon next preceding the first publication of the i one year and further the Fiddler's Creek attached copy of advertisement; and affiant I Community Development District plan to utilize the• non, ad valorem assessment' further says that he has neither paid nor promised method. to Collect Its annual mointenonte any person, firm or coporstion any discount, I assessment which also will be for a period robot*, cosmission or refund for the purpose of I of more than one year. This non ad valorem assessment Is be- this advertisement for publication in thel Ing levied for the first time. The uniform :securing aid rnethod provided for In Chapter' 197.3632 auMorizes the District to utilize the services I of the property approlser and tax collector PUBLISHED CAI: 0$128 09/04 09/11 09/1$ l for mete_ and ��Ke assessments aid special assessments which will appear under a separate section of the property I tax bill, The District's non ad valorem as- sessments) shall be sublect to the some disconcerts and penalties and the Issuance and sole of tax ceritficates and tax deeds AD SPACE: 8.667 INCH i 8. for non payment as ad valorem taxes. The non - payment of said non ad valorem as - FILED ON: 18 96 / / I - ---- - . sessments will u blect the property to the potential loss of title. Inivrested parties may appear at the public hearing to be heard re- Narding the use of the uniform ad valorem Signature of Affiant method of collecting such non ad valorem Sworn to and Subscribed before me this day of Each person who decides to appeal any decision mode by the Board with re- sped ing Personally known by me L• G�X LOC ` 4a, +t Is advised that person gill need a record of the proceedings and foot ac- J cordinaly, the person may need to en- (j sure that a verbatim record of the o- Is bncluding mmo- cee�rgs mode, the to pry and evidence upon which such op- d': pool is to be lased. ' GIa L Moyer rryn August 2R, Seat. /,11,18 No. 1562V 16G Naples Deity News Naples, FL 33940 Affidavit of Publication I I FIDDLER'S CREEK COMMUNITY I DEV. DISTRICT - GARY MOYER 10300 NN 11TH MANOR CORAL SPRINGS FL 33071 I i I REFERENCE: 052301 I Notice Of Rulemaking Fiddler's Creek Cwraway 57355811 Notice Of Ru l emak i ng I Rule Chapter T ebPmertt Dhfrict I State of Florida I Fiddkr's Creek Comi u nify Deveiap- District, C*nerd and procedural County of Collier Ruin Rde ChaPter Na A -V Before the undersigned authority, personally I Purpose, Effed and Summary: appeared Nina Iverson, who on oath says that she To esfor Fi general and serves as the Assistant Secretary of the Naples DevOl pmentddDiiss'trict Collier Daily Neva, a daily newspaper published at Naples, I Fesfpbiisfrcd pursuprrf fog XTt10Eslr `e 190,F in Collier County, Florida: that tM attached I The rules would sting procedure for the Conn mw*y De- copy of advertising was pub l i shed in said I vek>Qment DlsMd (C.D.D.) Board of Su. newspaper on dates listed. I perY Isars ON ft Diskid Manager for e Affiant further says that the said Naples Dail p y l kupeUton of public records for C. p meetings, ruiemokkq Hof News Is a news paper published at Naples, in said ( �y stdenienfs, ffie conduct Collier County, Florida, and that the said I oteed{ erestS, Q f newspaper has heretofore been continuously I pip prOdiCes,. published in said Collier County, Florida, each Specific Rulemaking Aulhorlty. day and has been entered as second class mail I I. matter at the post office in Naples, in said I L�10.37(M1j,��11,F.S. Collier County, Florida, for a period of 1 year next 190.011 F.S. Of & Ad text of ft Proposed preceding the first publication of the attached copy of advertisement; and affiant Y be rule DiskIl fie' 10300 �wb 1 Card further says that he Ms neither paid nor promised) any firm , S FkK1dn433071(951)704300,�& d adoption a, person, or coporstion any discount, sorbed rule scheduled rebate, commission or refund for the purpose of securing this advertisement for publication in thel to be hold T1rust Bank Ina, 1001 Tamkxni Trod BariC Fly' F said newspaper. The LWSW Room , ' •f Nacles,Florlda. Gary I PUBLISHED ON: 09/03 rrMoyer it SePtlmblf3 i NaLU170 1 I AD SPACE: 4.500 INCH FILED ON: 09/03/96 Signature of Affient 201Z Sworn to and Subscribed before me this day of _ .2* 19�% Personalty known by me �-�+ „t`�— y �T r M"' oui� Pedgen CCWV Aft 16 Naples Daily News Naples, FL 33940 Affidavit of Publication FIDDLER'S CREEK COMMUNITY DEY. DISTRICT - GARY MOYER 10300 NY 11TH MANOR CORAL SPRINGS FL 33071 REFERENCE: 052301 57359008 Rsquest for Proposal State of Florida i County of Collier Before the undersigned authority, personally appeared Nina Iverson, who on oath says that she serves as the Assistant Secretary of the Naples Deily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier Canty, Florida, each day and has been entered as second class snit matter at the post office in Naples, in said Collier Canty, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 1 PUBLISHED ON: 09/11 AD SPACE: 5.000 INCH FILED ON: 09/11/96 Florida an ounCes WcOted that p foSsW OevN- n�ng servkes w01 be required Ong basis, Wyk" to Intrude plorr*KL rsDedrrcatkm fora Wo 6 de- 1. flesh n''a�menf sy*m and focX. 2 water and WW ry,*m and bcMjes rQ On Df*id as 0Uft%rhW in dfluoied F� probds a Indude n011 od wmanopane foorairudinn The firm Selected WW ad In amid pravlde fheabove Disfrid Ernpinetr Ing -required, Any firm or �: i must bT&h Services ' On SkrKJWd Pwft dDi L 'with pornmit nip' The and � y 'wg review °a °�°* as #10 CenSftnti Camped. IT* Six (� eodnSiandard� and 253 arid_ ?" a itMeres} by 1M A k Ma 1Fi�ddler�t ofkr n �y WmKManor, �Y L Moyer J3O�1. (f51 -IS3- S" 11 No.1629f5 Signature of Affiant Sworn to end Subscribed before me this 4 day of r Personally known by me ' .loth A. Rvibm MY OOh#AMW 1 CC5WV EXPIRES r FAM &Y is. TODD eO1eN:p TIA! TNpq lAel a aC. 166 16G Oath of Office I, Larry Mullins, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Fiddler's Creek Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the fiddler's Creek Community Development District, Collier County, Florida. 16G Oath of Office I, Paul Riegelhaupt, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Fiddler's Creek Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United. States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the fiddler's Creek Community Development District, Collier County, Florida. Paul Riegelhaupt S�f�r• z� ; /�i 9� Date 16G Oath of Office I, Clifford Olson, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Fiddler's Creek Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the fiddler's Creek Community Development District, Collier County, Florida. Clifford Olsen -" Date 16G Oath of Office I, Arthur Woodward, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Fiddler's Creek Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the fiddler's Creek Community Development District, Collier County, Florida. MR 4119 RESOLUTION 96-17 A RESOLUTION CANVASSING AND CERTIFYING THE RESULTS OF THE LANDOWNERS ELECTION OF SUPERVISORS HELD PURSUANT TO SECTION 190.006(2), FLORIDA STATUTES WHEREAS, pursuant to Section 190.006(2), Florida Statute, a landowners meeting is required to be held within 90 days of the District's creation and every two years following the creation of a Community Development District for the purpose of electing five Supervisors of the District; and WHEREAS, following proper publication of notice thereof, such landowners meeting was held on September 25, 1996, at which the below recited persons were duly elected by virtue of the votes cast in their respective favor; and WHEREAS, the landowners by means of this Resolution desires to canvas the votes and declare and certify the results of said election; NOW, THEREFORE, BE IT RESOLVED BY THE LANDOWNERS AND BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT; 1. The following persons are found, certified, and declared to have been duly elected as Supervisors of and for the District, having been elected by the votes cast in their favor as shown, to wit: U. . ,. F:�o ••• • Rilli • G •� • F-Ty'al ejM I I I 1 11 ` • Gvdy Utt Votes -i 2. In accordance with said statute, and by virtue of the number of votes cast for the respective Supervisors, they are declared to have been elected for the following terms of office: four (4) year term four (4) year term two (2) year term two (2) year term two (2) year term 3. Said terms of office shall commence immediately upon the adoption of this Resolution. PASSED AND ADOPTED this 25th da of September, 1996. Larry Mulli Chairman kAe�z ZLZ2:z�z J mes P. Ward Secretary 16G r RESOLU'T'ION 96-18 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT RATIFYING AND APPROVING CERTAIN BOARD ACTION EVIDENCED BY RESOLUTIONS 96-1 THROUGH 96-16 ADOPTED AT A DULY ADVERTISED MEETING OF THE BOARD OF SUPERVISORS ON AUGUST 20,1996 AND ALL OTHER ACTIONS TAKEN BY THE BOARD WHEREAS, the Fiddler's Creek Community Development District hereafter referred to as District:in accordance with the provisions of chapter 190 Florida Statutes did hold its organizational meeting on August 20, 1996 and did proceed to organize by the election of Larry Mullins as Chairman, Clifford Olsen as Vice Chairman, Arthur Woodward, Paul Riegelhaupt, Grady Minor and Gary L. Moyer as Assistant Secretaries, James P. Ward as Secretary and Treasurer, Anthony Pires as Registered Agent and his office address as Registered Office of the District and to appoint certain District staff members; and WHEREAS, said Board did call for the Landowners Meeting to be held on September 25, 1996; and WHEREAS, having conducted said Landowners Meeting at which time five Board Members were elected; and WHEREAS, it is the desire of the newly elected Board to retain the officers and staff selected at the August 20, 1996 meeting and to ratify the other Board action as represented in Resolutions 96 -1 through 96 -16, copies of which are a part of the official District minutes. NOW, THEREFORE, BE IT RESOLVED BY THE LANDOWNERS AND BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK COMMUNITY DEVF.LOPMENr DIST RICH, 1. Resolutions 96 -1 through 96 -16 and all other actions taken by the Board are hereby ratified and approved and shall remain in full force and effect until modified by appropriate Board action. PASSED AND ADOPTED THIS 25TH DAY OF SEPTEMBER, 1996. ,l-� Ja es P. Ward ecretary 1 Larry Mu i Chairman 16G 16G RESOLUTION 96 -19 Resolution of the Board of Supervisors of the Fiddler's Creek Community Development District Expressing its Intent to Utilize the Uniform Method of Levying, Collecting and Enforcing Non Ad Valorem Assessments which hereinafter may be Levied by the District in Accordance with the Provisions of Chapter 197.3632 F.S.; and Providing an Effective Date: WHEREAS, the Fiddler's Creek Community Development District was established pursuant to the provisions of Chapter 190 F. S. which authorizes the District to levy certain assessments which include benefit and maintenance assessments and further authorizes the Board to levy special assessments pursuant to Chapter 170 F.S. for the acquisition, construction or reconstruction of assessable improvements authorized by Chapter 190 F . S .; and WHEREAS, the above referenced assessments are not considered to be ad valorem in nature and therefore, are subject to the provisions of Chapter 197.3632 F.S. in which State of Florida through its legislature has provided a uniform method for the levying, collecting and enforcing such non ad valorem assessments; and WHEREAS, pursuant to Chapter 197.3632 F.S. the District has caused notice of a public hearing to be advertised weekly in a newspaper of general circulation within Collier County for four consecutive weeks preceding said hearing; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 1. The Fiddler's Creek Community Development District upon conducting its public hearing as required by Chapter 197.3632 F.S. hereby expresses its intent to use the uniform method of collecting its benefit and maintenance assessments or such other assessments imposed by the District as provided in Chapter 170 and 190 F.S. each of which are non ad valorem assessments which may be levied annually by the District pursuant to the provisions of Chapter 190 F.S. for the purpose of paying principal and interest on its bonded indebtedness and the cost of operating and maintaining its assessable improvements within the boundaries of the District as described in the attached 4 1� legal description which is made a part of this Resolution as Exhibit "A ". Said 1 6 G assessments and the District's use of the uniform method of collecting its non ad valorem assessments) may continue for more than one year. 2. This Resolution shall become effective upon its passage and the District's Secretary is authorized to provide the Property Appraiser and Tax Collector of Collier County and the Department of Revenue of the State of Florida with a copy of this Resolution on or before January 10, 1997. PASSED AND ADOPTED THIS 26TH DAY OF SEPTEMBER, 1996. Chair qa#ies P. Ward SiKcretary STATE OF FLORIDA 1 6 G --I LAND AND WATER ADJUDICATORY COMMISSION CHAPTER 42X1.001 -1.003 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT ,qtatemenr, of _EA= and girgymstancu Justifying Adoption of the rsrrrx�fm� Chapter 190, Florida Statutes ( "F.S. ") provides that a uniform community development district the size of 1,000 acres or more may be established by rule, adopted by the Florida Land and Water Adjudicatory Commission pursuant to Chapter 120, F.S. GB 100, Inc% , and Parcel 7, Inc., jointly d /b /a 951 Land Holdings Joint Venture has petitioned to establish a uniform community development district pursuant to Chapter 190, F.S. The granting of community development district status to the Fiddler's Creek Community Development District would authorize use of the financing and management mechanisms provided by Chapter 190, F.S., to provide basic infrastructure to approximately 1,389.7739 acres of land located in Collier County, consisting of a proposed community development located in land areas designated in the local government' comprehensive plan as urban coastal fringe and as lands Acquired for Conservation; and within the Coastal Management Area, on which lands, pursuant to appropriate development approvals, the petitioner is developing and will develop a mixed -use development. The area to be served by the district is bounded on the North-_::�y' U.S. 41 and agricultural land; bounded on the south by wetland,t, preserve owned by the State of Florida; bounded on the 4�'.$t bj� State Road 951, residential properties, and recreational 1 6 G properties; and bounded on the east by agricultural property. In accordance with Section 190.012(1), F.S., the Fiddler's Creek CDD will be empowered to manage and finance: water management and control systems; water and wastewater systems; bridges or culverts; District roads; and other infrastructure for 'projects approved or required in a development order or pursuant to an inter -local agreement. Additionally, pursuant to Section 190.012(2), F.S., the District may plan, establish, acquire, construct or reconstruct, enlarge or extend, equip operate and maintain additional systems and facilities for: parks and facilities for indoor and outdoor recreational, cultural, and educational uses; and fire prevention and control; school buildings and related structures; security; mosquito control; and waste collection and disposal. 16G The Commission published a Notice of Proposed Rulemaking scheduling a public hearing for June 26, 1996, if requested. No hearin g. requested and no written comments were received as a result of this notice. The final public hearing was held on July 23, 1996, in Tallahassee, Florida, before the Governor and Cabinet, sitting as the Florida Land and Water Adjudicatory Commission. There was no public testimony for or against the rule. v T THE FULL TEXT OF THE PROPOSED RULES ARE: 1 6 G 42X -1.001 Creation and Establishment. Fiddler's Creek Community Development District is hereby created. Specific Authority 120.53(1) and 190.005, F.S. A Law Implemented 190.005, F.S. C.) History - -New 42X -1.002 Boundary. The boundaries of the district are as A i ldws:. Parcel 1 A parcel of land located in Sections 11, 14, 15, 22, 23, 24, and 25 all being in Township 51 South, Range 26 East, Collier County, Florida, being more particularly described as follows: BEGIN at the Northeast corner..of Section 22, Township 51 South, Range-26 East, Collier County, Florida; thence run North 88 058151" West, along the North line of the Northeast 1/4 of said Section 22, for a distance of 2738.26 feet to the North 1/4 corner of said Section 22; thence run North 00010143" East, along.the East line'of the Southwest 1/4 of said Section 22, for a distance of 695.26 feet, Thence run N. 88 058'11" W. for a distance of 1422.07 feet to a point on the Easterly right -of -way line of State Road 951, a 200.00 foot right -of -way; thence run South 02 029139" West, along the Easterly right -of -way line of State Road 951, for a distance of 2232.43 feet; thence run South 86 054119" East for a distance of 1322.20 feet; thence run South 89 027122" East for a 1 6 G distance of 125.79 feet; thence run South 80 038136" East fora distance of 86.82 feet; thence run South 48 057139" East for a distance of 143.49 feet; thence run South 22 038128" East for a distance of 101.19 feet; thence run South 07 016134" East for a distance of 159.01 feet; thence run South 22 027103" East for a distance of 80.97 feet; thence run South 51 050'53" East for a distance of 124.40 feet; thence run South 74 004'40" East for a distance of 144.06 feet; thence run South 85 °45'26" East for a distance of 187.62 feet; thence run North 82 002111" East for a.distance of 108.47-feet; thence run North 28 °53'3611 East for a 'distance of 104.27 feet; thence run North 10 026156" East for a distance of 87.33 feet; thence run North 46 °09'57" East for a distance of 161.84 feet; thence run North 68 040114" East for a distance of 191.80 feet; thence run North 79 008154" East for a distance of 121.22 feet; thence run South 87 033102" East for a distance of 275.66 feet; thence run South 85 036'34" East for a distance of 196.37 feet; thence run South 87 039151" East for a.distance of 185.04 feet; thence run South 87 021143" East for a distance of 105.83 feet; thence run North 85 051157" East for a distance of 86.75 feet; thence run South 87. 1050125" East for a distance of 53.97 feet; thence run South 43 °21'06" East for a distance of 96.83 feet; thence run South 39 051'17" East for a distance of 55.10 feet; thence run South 12 045105" East for a distance. of 48.21 feet; thence run South 54 017148" East for a distance of 252.73 feet; thence run North 55 030151" East for a distance of 83.75 feet; thence run North 74 °56'13" East for a distance of 64 .15 feet; thence run South 82 007155" East for a 1 6 G distance of 60.59 feet; thence run South 51 °36'21" East for a distance of 159.30 feet; thence run South 00 °11'44" West for a distance of 120.56 feet; thence run South 02 °12'06'1 West for a distance of 166.85 feet; thence run North 80 034108" East for a distance of 106.80 feet; thence run South 77 052152" East for a distance of 122.93 feet; thence run North 85 °11'20" East for a distance of 115.84 feet; thence run South 73 °31'25" East for a distance of 106.53 feet; thence run North 78 °58'26" East for a distance of 51.97 feet; thence run North 05041,5411 East for a distance of 125.98 feet; thence run North 01 041154" East for a distance of 77.72 feet; thence run North 15 °43'51" East for a distance of 164.05 feet; thence run North 21°55'44'1 East for a distance of 141.05 feet; thence run North 23 051120" East for a distance of 142.54 feet; thence run North 53 °47138" East for a distance of 116.07 ' f eet; thence run North 88 001'01" East for a distance of 145.07 feet; - thence run North 38 000'59" East for a distance of 369.42 feet; thence. run North 39043'19'� East for a distance of 299.43 feet;.thence run North 44 048'34" East for a distance of 108.44 feet; thence run North 74 020158" East for a distance of 101.17 feet; thence run North 77028110,,. East for a distance of 117.54 feet; thence run North 41 029'16" East for a distance of 102.86 feet; thence run North 16 025'45" East for a distance of 68.07 feet; thence run North 32 016'13" East for a distance of 99.28 feet; thence run North 56 007135" East for a distance of 115.20 feet; thence run North 22 053112" East for a distance of 132.57 feet; thence run North 34055'40' East for a r distance of 81.02 feet; thence run North 67 014128" East for a 1 6 G distance of 68.26 feet; thence run North 76 007'18" East for a distance of 77.37 feet; thence run South 86 °19'59" East for a distance of 263.41 feet; thence run South 14 015'46" East for a distance of 83.69 feet; thence run South 23 058'59" West for a distance of 58.61 feet; thence run South 56 050117" West for a distance of 141.77 feet; thence run South 48 014120" West for a distance of 110.87 feet; thence run South 46 059'04" West for a distance of 86.08 feet; thence run South 24 017'17" West for a distance of 78.68 feet; thence run South 59 003'57" East for a distance of 32.26 feet; thence run South 76 014125'! East for a distance of 287.74. feet; thence run South 87 000156" East for a distance of 151.16 feet; thence run South 68 028126" East for a distance of 115.50 feet; thence run South 43 013127" East for a distance of 112.77 feet; thence run South 18 034'02" East for a distance of 220.03 feet; thence run South 21 018'18" East for a distance of 172.00 feet; thence run South 18033108" East for a distance of 163.52 feet; thence run South 76 044126" East for a distance of 125.93 feet; thence run North 74 026122" East for a distance of 115.09 feet; thence run North 47 034117" East for a distance of 55.95 feet; thence run North 12 006143" West for a distance of 69.72 feet; thence run North 31 018'44" West for a distance of 100.54 feet; thence .run North 160381571, West for a distance of 133.88 feet; thence run North 09 053100" East for a distance of 213.52 feet; thence run North 48 028123" East for a distance of 119.96 feet; thence run North 87 030126" East for a distance of 33.64 feet; thence run South 32 037151" East for a distance of 138.09 feet; thence run South 40 052124" East for a 1 6 G distance of 125.01 feet; thence run South 39 017122" East for a distance of 115.06.feet; thence run South 62 018124" East for a distance of 145.81 feet; thence run South 61 021150" East for a distance of 121.40 feet; thence run South 59 049144" East for a distance of 115.57 feet; thence run South 74 050'34" East for a distance of 94.71 feet; thence run North 24 024'43" East for a distance of 91.83 feet; thence run North 40 °52129" East for a dintance of 247.62 feet; thence run North 40 023140" East for a distance of 276.26 feet; thence run North 39 053120" East for a distance of 411.53 feet; thence run South 58 013126" East for a distance of 962.09 feet; thence run South 19 009118" East for a distance of 9F.31 feet; thence run South 08 045122" West for a distance of 121.08 feet; thence run South 13 025107" West for a distance of 159.04 feet; thence run South 20 002148" West for a distance of 189.88 feet; thence run South 57 019110" West for a distance Qf 559.88 feet; thence run South 77 005105" West for a distance of 327.57 feet; thence run South 43 014114" West for a distance of 401.58 feet; thence run North 66 008110" West* for a distance of 54.49 feet; thence run South 64 007114" West for a distance of 44.31 feet; thence run South 48 023122" West for a distance of 35.08 feet; thence run South 11 °10'06" West for a distance of 174.79 feet; thence run South 04 012155" West for a distance of 151.70 feet; thence run South 00 026151" East for a distance of 131.06 feet; thence run South 07 057123" East for a distance of 52.02 feet; thence run South 05 032111" East for a distance of 73.70 feet; thence' run South 39 042125" West for a distance of 60.13 feet; thence run South 75 024124" West for a 1 6 G distance of distance of 513.63 feet; thence run North 78.08 feet; thence run North 54 71 025116" °31'46" West West for for a a distance of 292.73 feet; thence run North 36 053'16" West for a distance of 88.54 feet; thence run North 75 002138" West for a distance of 101.42 feet; thence run North 58 007121" West for a distance of 145.39 feet; thence run North 63 1D16152" West for a distance of 100.54 feet; thence run North 70 016'01" West for a distance of 52.57 feet; thence run North 76 °18'47" West for a distance of 139.12 feet; thence run North 88 018146" West for a distance of 118.58 feet; thence run South 78 °25'37" West for a distance of 120.58 feet; thence run South 70 042134" West for a distance of 58.35 feet; thence run South 54 033115" West for a distance of 236.73 feet; thence run South 01 033117" West for a distance of 304.71 feet; thence run South 30 008116" East for a distance of 194.40 feet; thence run South 01 031'06" West for a distance of 139.28 feet; thence run South 24 009125" East for a distance of 317.35 feet; thence run South 07 039157" East for a distance of 618.63 feet; thence run South 05 014'32" East for a distance of 48.49 feet; thence run South 86 037133" East for a distance of 144.20 feet; thence run North 74 058'461! East for a distance of 84.50 feet; thence run North 89 049158" East for a distance of 166.94. feet; thence run North 54 040125" East for a distance of 155.08 feet; thence run South 87 004116" East for a distance of 183.90 feet; thence run South 75 030'01" East for a distance of 292.56 feet; thence run South 74 007129" East for a distance of 164.37 feet; thence run North 53 012113" East for a distance of 77.41 feet; thence run North 71 1022137" East for a 1 6 G distance of 85.20 feet; thence run South' 85 °53'26" East for a distance of 92.10 feet; thence run South 83 °23'30" East for a distance of 128.98 feet; thence run North 68 054110" East for a distance of 100.70 feet; thence run North 55 032122" East for a distance of 148.01 feet; thence run North 32 025117" East for a distance of 235.05 feet; thence run North 33 014'22" East for a distance of 199.06 feet; thence run North 48 038103" East for a distance of 111.62 feet; thence run North 40 009131" East for a distance of 96.63 feet; thence run North 18 003103" East for a distance of 285.56 feet; thence run North 58 055134" East for a distance of 367.04 feet; thence run South 72 °39146" East for a distance of 90.19 feet; thence run South 68 005101" East for a distance of 88.10 feet; thence run South 32 029150" East for a distance of 134.26 feet; thence run North 58 020115" East for a distance of 1006.12 feet; thence run North 08 049107" East for a distance of 121.76 feet; thence run North 86 001120" East for a distance of 76.03. feet; thence run South 81 °56'11" East for a distance of 62.99 feet; thence .run South 62 022155" East for a distance of 61.06 feet; thence run South 28 055142" East for a distance of 96.72 feet;. thence run South 07 005101" East for a distance of 98.49 feet; thence run South 20 °24101" West for a distance of 97.27 feet; thence run South 64 030114" East for a distance of 119.77 feet; thence run North 42 057149" East for a distance of 68.57 feet; thence run North 19 023104" East for a distance of 158.14 feet; thence run North 75 028114" East for a distance of 446.92 feet; thence run North 06 056107" East for a distance of 178.75 feet; thence run North 66 012110" West for a 16G distance of 63.59 feet; thence run North 71 °24'18" West for a distance of 123.29 feet; thence run North 50 053100" West for a distance of 112.15 --feet; thence run North 16 004121" West for a distance of 86.40 feet; thence run North 28 052124" East for a distance of 62.66 feet; thence run North 69 042126" East for a distance of 91.21 feet; thence run North 88 057104" East for a distance of 137.96 feet; thence run South 51 015123" East for a distance of 66.98 feet; thence run South 57 059146" East for a distance of 90.38 feet; thence run North 83 057139" East for a .distance of 185.60 feet; thence. run South 69 053136" East for a distance of 103.27 feet; thence run South 33 027120" East for a distance of 47.82 feet; thence run South 01 007111" East for a distance of 176.02 feet; thence run South 57 010159" East for a distance of 90.42 feet; thence run South 59 °52'00" East for a distance of 215.96 feet; thence run South 40 050150" East for a distance of 100.90 feet; thence run South 01 °41110" West for a distance of 221.55 feet; thence run South 44 025143" East for a distance of 177.22 feet; thence run South 57 017108" East for a distance of 194.66 feet; thence run South 49 °41'29" East for a distance of 234.47 feet; thence run South 51 045112" East for a distance of 285.65 feet; thence run South 46 048139" East for a distance of 77.27 feet; thence run South 55 026125" East for a distance of 87.85 feet; thence run North 83 037101" East for a distance of 54.43 feet; thence run North 59 °38'02" East for a distance of 133.38 feet; thence run North 86 1108'02" East for a distance of 77.48 feet; thence run South 67 °01'55" East for a distance of 118.58 feet; thence run South 45 °08'14" East for a 1 6 G distance of 2560.69 feet; thence run North 29 052154" East for a distance of 85.21 feet; thence run North 27 030100" East for a distance of 86.22 feet; thence run North 25 035158" East for a K distance of 48.08 feet; thence run North 21 040144" East for a R distance of 96.89 feet; thence run North 69 044152" West for a distance of 38.61 feet; thence run South 75 026158" West for a distance of 151.66 feet; thence run North 09 004117" West for a distance of 117.55 feet; thence run North 12 006114" East for a distance of 74.75 feet; thence run North 46 003143" East for a distance of 74.51..feet;.•thence run North 12 °46158" West for a distance of 32.83 feet; thence run North 19 °55133" West for a distance of 74.92 feet; thence run South 32 011157" West for a distance of 85.42 feet; thence run South 69 025144" West for a distance of 67.21 feet; thence run North 65 002117" West for a distance distance distance distance distance distance distance distance distance of of of of of of of of of 75.05 feet; 109.50-feet; 95.29 feet; 62.54 feet; 153.58 feet; 106.80, feet; 140.47 feet; 51.15 feet; 162.48 feet; thence thence thence thence thence thence thence thence thence run run run run run run run run run North 86 016133" South 69 048124" North 310091561, North 01 012106" North 36 023156" North 10 055124" North 22 037148" North 37 019110" North 190331021, West for a West for a West for a West for a East for a West for. a East for a East for a East for a distance of 118.95 feet; thence run North 08 008112" East for a distance of 108.72 feet; thence run North 04 059151" West for a distance of 137.15 feet; thence run North 20 030153" East for a distance of 147.93 feet; thence run North 03 046125" East for a distance of 148.33 feet; thencd run North 17 032107" West for 1 6 G a distance of 160.04 feet; thence run North 15 013139" West for a distance of 140.97 feet; thence run North 00 005149" West for a distance of 73.02 feet; thence run North 25 039135" East for a distance of 96.53 feet; thence run North 59 1022121" East for a distance of 73.73 feet; thence run South 40 021'48" East for a distance of 52.95 feet; thence run South 01 053133" West for a distance of 116.69 feet; thence run South 82 033124" East for a distance of 120.72 feet; thence run South 63 038153" East for a _.distance of 64.07 feet; thence run South 44 052132" East for a dis.tance of 54.42 feet; thence run South 10 029159" East for a distance of 79.18 feet; thence run South 37 018109" West for a distance of 50.11 feet; thence run South 29 046139" West for a distance of 75.80 feet; thence run South 25 022143" West for a distance of 103.06 feet; thence run South 10 °56'20" West for a distance of 105.37 .feet; thence run South 10 007111" East for a ......distance of 107.10 feet; thence run South 4202912411 East for a distance of 116.91 feet; thence run South 08 016117" West for a distance of 34.66 feet; thence run South 60 °16'31" West for a distance of 106.48 feet; thence run South 23 042139" West for a distance of 130.40 feet; thence run South 08 054148" East for a distance of 85.19 feet; thence run South 20 038143" East for a distance of 62.59 feet; thence run South 85 °18'35" East for a distance of 164.23 feet; thence run South 88 028'10" East for a distance of 201.60 feet; to a point on the East line of Section 24, Township 51 South, Range 26 East, Collier County, Florida; thence I6G run North 00 015'28" East, along the East line of said Section 24, for a distance of 4476.41 feet to the Northeast corner of said Section 24; thence run North 88 058155" West, along the North line of the Northeast 1/4 of said Section 24, for a distance of 2713.71 feet to the North 1/4 corner of said Section 24; thence run North 88 059102" West, along the North line of the Northwest 1/4 of said Section 24, for a distance of 2713.25 feet to the Northwest corner of said Section 24; thence run North 00 °25'53" West, along the East line of the Southeast 1/4 of Section 14, Township 51 South, Range 26 East, for a distance of 2749.82 feet to the East 1/4 Corner of said Section 14; thence continue North 00 025153" West, along the East line of the Southeast 1/4 of the Northeast 1/4 of said Section 14, for a distance of 1374.91 feet to the Southeast corner of the .Northeast 1/4 of the Northeast 1/4 of said Section 14; thence run North 88 020109" West, along the South line of the East 1/2 of the Northeast 1/4 of the Northeast 1/4 of said Section 14, for a distance of 692.50 feet to the Southwest corner of the East 1/2 of the Northeast 1 /4.of the Northeast 1/4 of said Section 14; thence run North 00 020111" West, along the West line of the East 1/2 of the Northeast 1/4 of the Northeast 1/4 of said Section 14, for a distance 1377.88 feet.to the Northwest corner of the East 1/2 of the Northeast 1/4 of the Northeast 1/4 of said Section 14; thence run South 88 004159" East, along the North line of the East 1/2 of the Northeast 1/4 of the Northeast 1/4 of said Section 14, for a distance of 690.34 feet to the Northeast corner of said Section 14; thence run North 01 000145" East, along the East line of the Southeast 1/4 of Section 11, Township 51 South, Range 26 East, for a distance of 2749.58 feet to the East 1/4 corner of said Section 1 6 G 11; thence continue North 01 000145" East, along the East line of theNortheast.l /4 of said Section 11, for a distance of 559.15 feet to a point on the Southerly right -of -way line of U.S. Highway No. 41 (Tamiami Trail), a 200.00 foot right -of -way; thence run North 54021'15" West, along the Southerly right -of -way line of U.S. Highway No. 41, for a distance of 1244.99 Feet; thence run South 01 014'40" West for a distance of 100.00 feet; thence run North 88 045120" West for a distance of 10.00 feet; thence run South 01 014140" West for a distance of 293.15 feet; thence run North 54 021115 ".West for.a.:distance of 400.00-feet to a•point on the West line of the Southeast 1/4 of the Northeast 1/4 of said Section 11; thence run South 01 014140" West, along the West line of the Southeast 1/4 of the Northeast 1/4 of said Section 11, for a distance 1082.83 feet to the Southwest corner of the Southeast 1/4 of the Northeast 1/4 of said Section 11; thence run South'01 014130" West, along the West line of the East 1/2 of the Southeast 1/4 of said Section 11, for a distance of 2745.91 feet to the Southwest corner of the East 1/2 of the-- Southeast- 1/4 of said Section 11; thence run South 00 014131" East, along the West line of the Northeast 1/4 of the Northeast 1/4 of said Section 14, for a distance of 1380.85 feet to the Southwest corner of the Northeast 1/4 of the Northeast 1/4 of said Section 14; thence run North 88 020'10" West, along the South line of the North 1/4 of said Section 14, for a distance of 4154.87 feet to the Southwest corner of the Northwest 1/4 of the Northwest 1/4 of said Section 14; thence run North 89 013'52" West, along the North line of the South 1/2 of the Northeast 1/4 of Section 15, Township 51 South, Range 26 1 b G East, for a distance of 2738.98 feet to the Northwest corner of the South 1/2 of the Northeast 1/4 of said Section 15; thence run South 00 018143" West, along the West line of the South 1/2 of the Northeast 1/4 of said Section 15, for a distance of 1392.96 feet to the center of said Section 15; thence run South 89 006135" East, along the South line of the Northeast 1/4 of said Section 15, for a distance of 2739.04 feet to the East 1/4 corner of said Section 15; thence run South 00 019146" West, along the East line of the Southeast 1/4 of said Section 15, for a.distance of 2787.36 feet to .-..the;-Southeast corner- of.said Section 15 and. the POINT OF BEGINNING; containing 1687.5109 acres, more of less. KXfi7 Parcel 2 A parcel of-land-.located in Section 24, Township 51 South, Range 26 East,_.Collier County, Florida, being more particularly described as .follows: . COMMENCE at the- Northeast. corner of Section 24, Township _51. South, Range 26..East, Collier .County,.Florida; thence run South 00 1015128" West, along the Easy line of said Section 24, for a distance 4679.59 feet to the POINT OF BEGINNING of the parcel of land herein described; thence run North 72 012144" West for a distance of 86.92 feet; thence run North 69 028'32" West for a distance of 94.14 feet; thence run South 85 °05150" West for a distance of 80.86 feet; thence run South 78 °39'42" West for a distance of 79.41 feet; thence run South 46 052135" West for a 16G distance of 76.76 feet; thence run South 54 005'10" East for a distance of 62.53 feet; thence run South 81 019102" East for a distance of 71.38 feet; thence run North 88 047'42" East for a distance of 97.52 feet; thence run North 83 027132" East for a distance of 84.68 feet; thence run North 844 027'57" East for a distance of 82.73 feet; thence run North 00 °15'28" East, along the East line of Section 24, for a distance of 43.22-feet to the POINT OF BEGINNING; containing 0.779 acre, more or less. AND Parcel 3 A parcel of land located in Section 24, Township 51 South, Range 26 East, Collier County, Florida, being more particularly described as follows:.COMMENCE at the Northeast corner of Section 24, Township 51 South, Range 26 East,.. Collier County; Florida; thence run' South 00 °15'28" West, along the East line of said Section 24, for a distance 4790.92 feet to the POINT OF BEGINNING of the parcel of land herein described; thence run North 86 015135" West for a distance of 52.39 feet; thence run South 56 039123" West for a distance of 67.01 feet; thence run South 12 030116" West for a distance of 74.05 feet; thence run South 07 047140" East for a distance of 77.35 feet; thence run South 16 003158" East for a distance of 121.00 feet; thence run South 34 056139" East for a distance of 136.99 feet; thence run North 00 015128" East, along the 10 029159" West a distance of 79.18 feet; thence North 44 052'32" 1 6G West a distance of 54.42 feet; thence North 63 038153" West a distance of 64.07 feet, thence North 82 033'24" West a distance of 120.72 feet; thence North 01 053133" East a distance of 116.69 feet; thence North 40 021148" West a distance of 52.95 feet to the POINT OF BEGINNING of the parcel of land hereinafter described; thence South 59 022121" West a distance of 73.73 feet; thence South 25 °39'35" West a.distance of 95.53 feet (96.63 Calculated); thence South 00 005149" East a distance of 73.02 feet; thence South 15 °13'39" East a distance of 140.97 feet; thence South 17 032107" East., a.• distance of 160.04 feet; thence South 03 046125" West a distance of 148.33 feet; thence South 20 030153" West a distance of 147.93 feet; thence South 04 059151" East a distance of 137.15 feet; thence South 08 008'12" West a distance of 108.72 feet; thence South 19 033102" West a distance of 118.95 feet; thence South 37 019'10" West a distance of 162.48 feet, thence South 22 037148" " West a distance of 51.15 feet; - thence.South 10 055'24" West a distance of 140.47. feet; thence South 36 °23`56". West a distance of 106.80 feet; thence South 01 012106" East a distance of 153.58 feet; thence South 31 009156" East a distance of 62.54 feet; thence North 69 0481241.. East a distance of 95.29. feet;.:thence South 86 016133" East a distance of 109.50 feet; thence South 65 °02'17" East a distance of 75.05 feet; thence North 69 025'44" East a distance of 67.21 feet; thence North 32 011157" East a distance of 85.42 feet; thence South 19 055'33" East a distance of 74.92 feet; thence South 12 °46'58 East a distance of 32.83 feet; thence South 46 003'43" West a distance of 74.51 feet; thence South 12 006114" West a distance of 74.75 feet; thence South 09 004'17" East a distance of 16G 117.55 feet; thence North 75 026158" East a distance of 151.66 feet; thence South 69 044'52" East a distance of 38.61 feet; thence South 21 040144" West a distance of 96.89 feet; thence South 25 035'58" West a distance of 48.08 feet; thence South 27 030100" West a distance of 86.22 feet; thence South 29 052'54" West a distance of 85.21 feet; thence North 45 008114" West a distance of 2,560.69 feet; thence North.00 015128" East a distance of 265.00 feet; thence South 89 044132" East a distance of 375.00 feet; thence North 84 004119" East a distance of 149.18 feet; thence North 79 001156" East. a distance of 484.64 feet; thence North 61 023147" East a distance of 447.94; thence South* 89044'3211 East a distance of 264.73 feet; thence South 00 015128" West a distance of 141.70 feet to the POINT OF BEGINNING. Containing 43.00 acres, more or less. LESS AND EXCEPT THEREFROM PROPERTY CONVEYED TO THE SCHOOL BOARD OF COLLIER COUNTY, FLORIDA;.. AS• RECORDED IN. OFFICIAL RECORDS BOOK 1495, PAGES 384,'.385 AND 387, AS MORE" PARTICULARLY DESCRIBED AS FOLLOWS: That certain parcel of land lying in and being a part of Sections 23 and 24, Township 51 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Commence at the Northeast corner of said Section 23; thence run North 88 058'53" West, run South 39 046'43" West a distance of 711.68 feet; thence run South 50 013117" East a distance of 1,515.63 feet; thence run South 39 046143" West a distance of 1,050.00 feet; thence run South 50 013117" East a distance of 50.00 feet to the POINT OF BEGINNING of the parcel of land hereinafter described; thence continue South 16 50 013117" East a distance of 739.75 feet; thence run North 39 046143" East a distance of 706.62 feet; thence run North 50 013117" West a distance of 739.75 feet; thence run South 39 046143" West a distance of 706.62 feet to the POINT OF BEGINNING. Containing 12.00 acres, more or less. LESS:'AND.•EXCEPT THEREFROM PROPERTY' CONVEYED TO BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS RECORDED IN OFFICIAL RECORDS BOOK 1755, PAGE 361, AS. MORE PARTICULARLY DESCRIBED AS FOLLOWS: All that part of the Northeast 1/4 of Section 15, Township 51 South, Range 26 East, Collier County, Florida and being more particularly described as follows; Commencing at the Southwesterly most. corner of Championship Drive, Marco Shores Unit 30 Golf Course, Plat Book 17, pages 98 through 103,..Collier. County, Florida;. thence along the Southerly line of said: Championship Drive South 89 °13'53" East 35.40 feet to the Point. of Beginning.of the parcel herein described; thence continue along said line South 89 013152" East 109.79 feet; thence leaving said line South 00 018143" West 153.94 feet; thence North 86 007106" West 110.00 feet; thence North 00 118143" East 147.96 feet to the Point of Beginning. Containing 0.38 acres, more or less. 16G LESS AND EXCEPT ALL THAT PORTION OF GOLF COURSE PARCELS 1, 2, 3 AND 4 "MARCO SHORES UNIT 30 GOLF COURSE ", AS SHOWN ON THE PLAT THEREOF, RECORDED IN PLAT BOOK,,17 -� AT PAGES 98 THROUGH 103 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 243.96 ACRES, MORE OR LESS Subject to easements, reservations or restrictions of record. Net Property Acreage - 1389.7739 Acres, More or Less. Bearings shown hereon refer to the North line of the Northeast 1/4 of Section 22, Township 51 South, Range 26 East, Collier County, Florida, as being North 88 058'51" West. Property Description for Parcel 1 is composed entirely from that certain map titled MARCO SHORES*UNIT 30'BOUNDARY MAP-created by the Deltona Corporation - Dept. of Real Estate Services.in July 1989 and revised November 20, 1989 and again September 24, 1991 as provided by Gulf Bay Development Inc. and has been prepared without benefit of.survey. Property Descriptions for Parcels 2 and 3 are based on Exhibit "A" of the SPECIAL WARRANTY DEED as recorded in Official Record Book 1911 Page 144 Et. Seq. of the Public Records of Collier County, Florida and has been prepared without benefit of survey. These descriptions of all Parcels shown hereon are intended only as representations of specific data in the above referenced documents 6 and not intended as certification of actual field locations. Specific Authority 120.53(1), 190.005, F.S. Law Implemented 190.004, 190.005, F.S. History - -New 42X -1.003 Supervisors. The following five persons are designated as the initial members of the Board of Supervisors: John Passidomo, Arthur (Art) V. Woodward, Paul Riegelhaupt, Clifford (Chip) Olsen, and Q. Grady Minor. Specific Authority 120.53(1), 190.005, F.S. Law.Implemented 190.006(1), F.S. History - -New 16G NAME OF PERSON ORIGINATING RULE: Dr. Robert B. Bradley, Secretary, Florida Land and Water Adjudicatory Commission, Room 2105, The Capitol, Tallahassee, Florida 32399 -9001. NAME OF SUPERVISOR OR PERSON WHO APPROVED THE RULE: The Florida Land and Water Adjudicatory Commission as to the information required by law to constitute the basis for the Rule. DATE RULE APPROVED:.. 02 CJ 4' 16G RESOLUTION 96 -20 A RESOLUTION AUTHORIZING DISTRICT PROJECTS; EQUALIZING, APPROVING, CONFIRMING, AND LEVYING SPECIAL ASSESSMENTS ON PROPERTY SPECIALLY BENEFITTED BY SUCH PROJECTS TO PAY THE COST THEREOF; PROVIDING FOR THE PAYMENT AND THE COLLECTION OF SUCH SPECIAL ASSESSMENTS BY THE METHOD PROVIDED FOR BY CHAPTERS 170 AND 197, FLORIDA STATUTES; CONFIRMING THE DISTRICT'S INTENTION TO ISSUE SPECIAL ASSESSMENT BONDS; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT AS FOLLOWS: SECTION I. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to Chapters 170 , 190 and 197, Florida Statutes. SECTION 2. FINDINGS. The Board of Supervisors (the "Board ") hereby finds and determines as follows: (a) The Fiddler's Creek Community Development District (the "District ") is a local unit of special - purpose government organized and existing under and pursuant to Chapter 190, Florida Statutes, as amended of the State of Florida (the "State "). (b) The District is authorized under Chapter 190, Florida Statutes, to construct roads, water management and control facilities, water and wastewater systems and other infrastructure projects to serve lands within the District ( "projects "). (c) The District is authorized by Chapter 170, Florida Statutes, to levy special assessments to pay all, or any part of the cost of such projects and, to issue special assessment bonds payable from such special assessments as provided in Chapters 190 and 170, Florida Statutes. (d) It is necessary to the public safety and welfare that (i) the District provide the projects, the nature and location of which are described in Resolution 96 -14 and more specifically described in the plans and specifications on file at the offices Hole, Montes & Associates, 715 10th Street South, Naples, Florida, (ii) the cost of such projects be assessed against the lands specially benefitted by such projects, and (iii) the District issue bonds 1 16G to provide funds for such purposes pending the receipt of such special assessments. (e) The provisions of said projects, the levying of such special assessments and the sale and issuance of such bonds serves a proper, essential, and valid public purpose. (f) In order to provide funds with which to pay the costs of the projects which are to be assessed against the benefitted properties pending the collection of such special assessments, it is necessary for the District to sell and issue its Bonds, Series 1996 (the "Bonds "); and (g) By Resolution No. 96 -14 adopted by the Board of the District, the Board determined to provide the projects and to defray the cost thereof by making special assessments on benefitted property and expressed an intention to issue the bonds to provide the funds needed for the projects prior to the collection of such special assessments. Resolution 96 -14 was adopted in compliance with the requirements of Section 170.03, Florida Statutes, and prior to the time the same was adopted, the requirements of Section 170.04, Florida Statutes had been complied with; and (h) As directed by Resolution 96 -14, said resolution was published as required by Section 170.05, Florida Statutes, and a copy of the publisher's affidavit of publication is on file with the Secretary of the Board of Supervisors of the District; and (i) As directed by Resolution 96 -14, a preliminary assessment roll was prepared and filed with the Board of Supervisors as required by Section 170.06, Florida Statutes, and 0) As required by Section 170.07, Florida Statutes upon completion of the preliminary assessment roll, the Board adopted Resolution 96 -15 fixing the time and place of a public hearing at which owners of the property to be assessed and other persons interested therein may appear before the Board and be heard as to (i) the propriety and advisability of making the improvements, (ii) the cost thereof, (iii) the manner of payment therefore, and (iv) the amount thereof to be assessed against each parcel specially benefitted property and providing for the mailing publication of notice of such public hearing; and (k) Notice of such public hearing has been given by publication and by mail as required by Section 170.07, Florida Statutes, and affidavits as to 2 16G such publication and mailing are on file in the office of the Secretary of the Board; and (1) At the time and place specified in the resolution and notice referred to in paragraph (k) above, the Board met as an Equalization Board, conducted such public hearing and heard and considered all complaints as to ,the'm"atters described in paragraph 0) above, and based thereon, has made such modifications in the preliminary assessment roll as it deems desirable at this time; and (m) Having considered the costs of the projects, revised estimates of financing costs and all complaints and evidence presented at such public hearing, the Board of Supervisors of the District finds and determines: W that the estimated costs of the projects is as specified in Exhibit "A" hereto and the amount of such costs is reasonable and proper; (ii) it is reasonable, proper, just and right to assess the cost of such projects against the properties specially benefitted thereby using the methods determined by the Board of Supervisors, which will result in special assessments to be set forth on a final assessment roll to be adopted by the Board of Supervisors at the time when the final project costs, structure and interest rate on the bonds to be issued by the District are known; it is hereby declared that the projects will constitute a special benefit to all parcels of real property to be listed on said final assessment roll and that the benefit, in the case of each such parcel, will be in excess of the special assessment thereon; (iii) it is desirable that the special assessments be paid and collected as herein provided and SECTION 3. AUTHORIZATION OF DISTRICT PROJECTS. The projects described in Resolution No. 96 -14 as more specifically described by the plans and specifications on file at the offices of Hole, Montes & Associates, 715 10th Street South, Naples, Florida, are hereby authorized and approved and the proper officers, employees and agents of the District are hereby authorized and directed to take such further action as may be necessary or desirable to cause the same to be made following the issuance of the bonds referred to herein. SECTION 4. ESTIMATED COST OF IMPROVEMENTS. The total estimated costs of the projects, and the costs to be paid by special assessments on all specially benefitted property are set forth in Exhibit "A" hereto. 3 16G SECTION 5. APPROVAL AND CONFIRMATION OF ASSESSMENT METHODOLOGY. The special assessment methodology set forth in the preliminary assessment roll previously adopted by this Board is hereby approved and confirmed. Prior to issuance of bonds this Board will adopt a final assessment roll in accordance with Florida Law and the special assessment or assessments against each respective parcel to be shown on such final assessment roll and interest and penalties thereon, as hereafter provide, shall be and shall remain a legal, valid and binding first lien on such parcel until paid; such lien shall be coequal with the lien of all state, county, district, municipal or other governmental taxes and superior in dignity to all other liens, titles, and claims. SECTION 6. FINALIZATION OF SPECIAL ASSESSMENTS. When all of the projects have both been constructed or otherwise provided to the satisfaction of the Board, the Board shall adopt a resolution accepting the same and determining the actual costs (including financing costs) thereof, as required by Sections 170.08 and 170.09, Florida Statutes. The District shall credit to each special assessment for projects the difference between the special assessment as hereby made, approved and confirmed and the proportionate part of the actual costs of the projects, as finally determined upon completion thereof, but in no event shall the final amount of any such tpecial assessment exceed the amount of benefits originally assessed hereunder. In making such credits no discount shall be granted or credit given for any part of the payee's proportionate share of any actual bond financing costs, such as capitalized interest, funded reserves or bond discount included in the estimated cost of any such improvements. Such credits shall be entered in the Improvement Lien Book. Once the final amount of special assessments for all of the Improvements have been determined, the term "special assessment" shall, with respect to each parcel, mean the sum of the costs of the projects. SECTION 7. PAYMENT OF SPECIAL ASSESSMENTS AND METHOD OF COLLECTION. (a) All Special Assessments shall be payable in no more than twenty -two (22) equal consecutive installments which shall include interest. (b) The District hereby elects to use the method of collecting special assessments authorized by Sections 197.3632 and 197.3635, Florida Statutes. The District has heretofore taken or will take as timely required all necessary actions to comply with the provisions of said Sections 197.3632 and 197.3635, Florida Statues, and on or prior to the date on which the rd Bonds are issued, sold and delivered, the District shall enter into a written agreement with the Property Appraiser and Tax Collector of Collier County in compliance with those sections. Such special assessments shall be subject to all of the collection provisions of Chapter 197, Florida Statutes. (c) Each year, the Tax Collector of Collier County shall notify each owner of a lot or parcel within the District of the amount of the special assessment, including interest thereon, in the manner provided in Section 197.3635, Florida Statutes. (d) The District also reserves the right to collect its special assessments pursuant to Chapter 170 F.S. and foreclose its special assessment lien as provided for by law. SECTION 8. SEVER.ABILITY. If any section or part of a section of this resolution be declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. SECTION9. CONFLICTS. All resolution or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. SECTION 10. EFFECTIVE DATE. This Resolution shall become effective upon its adoption. APPROVED AND ADOPTED THIS 25th DAY OF SEPTEMBER, 1996. l� Jatnes P. Ward ecretary E Larry ins, Chairman Fiddler's eek Community Development District 16G mND & As95aATES wars 16G sun NK ASSESSMENT METHODOLOGY FOR FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT Updated September 23,1996 1.0 Introduction 1.1 Purpose This report provides a methodology determine the amount of community development district debt to be allocated to properties within the Fiddler's Creek Community Development District. The report is designed to be used by the District during the course of its assessment hearings under Chapter 190, F.S. 1.2 Background As described in the report by Hole, Montes & Associates, Inc., District Engineer, the Fiddler's Creek Community Development District includes 1,389.8 acres. The developer plans envision all of the property developed into a master planned, fully amentized community offering a maximum of 6,000 residential units. The essence of the assessment methodology is a four step process. First, the District Engineer determines the costs for all improvements needed for the buildout of the community. Second, the District Engineer divides these costs into those which are roadway related (including street lighting and other appurtenances and improvements) and those Improvements which are not related to the roadways. Third, the costs for providing roadways are divided among the benefiting properties on the basis of the volume of trips that each parcel is projected to generate once It is developed. Finally, the costs for all other improvements are divided among the benefited properties in relationship to their development potential measured on the basis of equivalent dwelling units (ERUs). 12424 k460rch pOkWOY. Sulfa 275, Orlando, Florida 32826 ■ (407) 382 -3256 • FAX (407) 382 -3254 2.0 Assessment Methodology 16G 2.1 Overview The District Engineer has developed a master improvement program to support the full development of land in the District. Including inflation, these costs total $65,331,000. Based on these estimated costs, the size of the bond issues needed to generate funds to pay for these construction costs were determined to total $93,295,000. Initially, none of the land in the District is subdivided or platted. The parcels and their land uses are what the developer plans to provide to the market, however, this is hypothetical until platting occurs. So, Initially, when bonds are issued to support infrastructure In the District, the debt will be spread evenly across all of the land in the District on an acreage basis. As actual development and platting occurs, the precise land use for each platted parcel will be determined. At that time a more precise allocation of debt to the platted parcels can be accomplished. The methodology for making these allocations is outlined below. The numerical examples provided are based upon the developer's current land use plans. Should these change over time, the allocations to individual parcels will also change. However, to assure that there will always be sufficient development potential remaining in the undivided property to assure payment of debt service after any plat, the following test will be applied at each plat. The test is that the debt per acre remaining on the unplatted land is never allowed to Increase above its initial level. Thus, If the initial debt level Is $100 per acre, every time a plat is Prasenf.ed the debt on the land remaining after the plat must remain below $100. If not, then to approve the plat the District will require a density reduction payment to that the $100 per acre is not breached. Thus, the debt allocation methodology provided below Is really a process by which the District can allocate debt to particular parcels of land at the time of platting. The procedures also assure that debt will not buildup on undeveloped properties creating potential assessment problems. K 2.2 Development Program 16G Table 1 outlines the expected development program for the land comprising the District. The program anticipates a mixture of predominately residential uses as well as extensive amenities. Table 2 provides the estimated absorption schedule for the project. 2.3 Coristruction Cost Estimates The District Engineer has estimated the costs of all improvements $65,331,000.:. Table 3 provides the breakdown by type of expense. These are broken into five phases. Each phase Is estimated to mast two year. However, this timing may change depending upon the actual pace of sales. 2.4 Bond Sizings To generate the funding needed for the proposed construction program, the District plans to Issue revenue bonds. Five series of bonds are projected, one for each development phase (see Table 4). The bond size exceeds the construction estimates for a variety of reasons. Most importantly, the sizing Includes the provision for up to 24 months of capitalized interest. This allows for the completion of the improvements prior to assessing properties for their payment. The bond structure is anticipated to be a 20 year term bond with level annual debt service. The interest rate is anticipated not to exceed 8.75 %. 2.5 Estimates For Trips and EDUs Table 5 provides an illustration of how the allocation methodology is designed to work. This Illustration is based upon the latest land use plan described above. As noted previously, debt related to roadways is allocated among the benefiting parcels on the basis of the volume of trips which each is projected to generate when fully developed. SInce the roadways and related improvements were specifically designed to accommodate the traffic generated by the proposed land use plan, this allocation procedure is quite reasonable. It directly allocates debt to specific properties based upon the benefit that each one receives from the development of the District's roadway system. 3 16G The portion of debt incurred to fund the remaining, non road related, improvement in the District is allocated to benefiting properties on the basis of development intensity and density. These are measure on the basis of ERUs. For each residential parcel the ERU depend upon the inverse of the density for each type of product. Single- family detached "A" units are the base and are set at 1 ERU per unit. All other residential properties are measured as the Inverse of their densities compared to the Single- family "A" unit base. Non residential land uses are assigned an ERU based upon a standard of 1,000 square feet of build out space. These allocations for ERUs are based on the principal that all of the non roadway infrastructure will benefit each acre of land developed in the District equally. This is reasonable in light of the benefits which derive from stormwater management, security, landscaping and the like. There is no basis to distinguish the benefits one acre receives from these services compared to any other developed acre. All benefit equally, so all must share in the costs equally. 2.6 Debt Allocation In Table 6 debt is allocated to each parcel of land depending upon their share of total trips and total ERUs projected for the District at buildout. The allocations are the product of the calculations in Tables 4 and 5. 2.7 Tax Roil The tax roll for the District will allocate the costs for the infrastructure initially on an equal acreage basis across all land in the District. As land is subdivided and platted, each platted parcel will receive a new allocation based upon its specific land use. However, until there is a plat, the ultimate land use cannot be determined, nor can the ultimate debt allocated to that parcel. 4 16G Residential Units Detached Single- family A Single - family B Single- family C Club View Patio Attached Manor Quad -Villa Multi Family Total Residential Commercial Square Feet -(0'sl Retail Office Club House Total Commercial (1) Excluding land costs. EMM 2.5 143 1.00 2.8 212 0.89 5.0 62 0.50 5.5 392 0.46 6.5 401 0.38 6.0 282 0.42 8.0 702 0.31 12.0 1.313 0.21 3,507 8.3 286 0.30 6.4 27 0.39 5.4 a. 0.46 344 Standard Residential Unit 2.50 Assessment/Sales Ratio 0.95 Land Cost/Price Ratio 0.45 09/23/96 FiSHKIND & ASSOCIATES, INC. Page 1 16G 09/23/96 FISHKIND & ASSOCIATES, INC. Page 1 Density Iftial EELU Residential Units Detached Single- family A 2.5 143 1.00 Single- family B 2.8 212 0.89 Single- family C 5.0 62 0.50 Club View 5.5 392 0.46 Patio 6.5 401 0.38 Attached Manor 6.0 282 0.42 Quad -Villa 8.0 702 0.31 Multi Family 12.0 1.313 0.21 Total Residential 3,507 Commercial;uare Feet (000's) Retail 8.3 286 0.30 Office 6.4 27 0.39 Club House 5.4 al 0.46 Total Commercial 344 (1) Excluding land costs. Standard Residential Unit 2.50 Assessment/Sales Ratio 0.95 Land Cost/Price Ratio 0.45 09/23/96 FISHKIND & ASSOCIATES, INC. 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CO u9 'qt C'7 If C7 N C) C) v w r0000 00o cocci �'ic$rnvil�i a^ii$ cvv Z NNvLO CD LOt- N co CD to W (o�N�o Cr) o4 �Q V cr) 0 LO . a� co v c0 v f U) O~ r CV C'7 C r � CO CC3 rrii (n Q O Z Q`ic�r,u,` v�rn a�Lqv aimrnCnof 0w(6 606 NrM LL C7NNNr NNCh CDn.r ,It — CO a) 0 00 0 e- CO N C7 rN C7v N ^C7 r N QCOU E E �E — m fn co 0 Z5.6 LL �iccc�� -E �ccs VC "j min65V55CL oQ U F°- O rn 0 16G ROADWAY OTHER TOTAL TOTAL GA -p-E-RUNT CAPITAL CAPITAL COST COST/ ASSESS/ ASSESS/ (000's) (000's) (000'x) UNIT UNIT UNIT Prod- uct T .M Detached TOTAL TOTAL DEBT SERVICE TOTAL PAYDOWN Single- family A $1,651 $5,172 $6,823 $47,713 $4,950 $1,250 Single- family B 2.448 6.838 9,286 43.804 4,545 $1,250 Single - family C 716 1,127 1,843 29,726 3,084 $1,250 Club View 4,527 6,454 10,981 28,013 2,906 $1,250 Pago Affached 4,631 5,578 10,209 25,459 2,642 51,250 Manor 0uad $1,998 $4,267 $6,265 $22,217 $2,305 $950 -Villa Multi Family 5,594 10,273 7,981 9,888 13,575 20,160 19,337 15,354 2,006 1,593 Commercial Marna $6,265,150 $2,427,136 650 Retail $8.095 $3,105 $11.199 $39.16 $4.06 $4.06 Office Club House 546 1.504 384 930 Z= 34.16 64.95 3.54 6.74 0.75 2.00 Total $41,983 $51,312 $93,295 Retail (1) Cost per unit muttipfhed by number of units. (2) Cost supported by permanent assessment for 20 years at 825 %. allowing for 6% administration and allowance for early payment of assessmards (3) Balance to be paid (pay -down amount). (4) Balance on a per unit basis. Bond Rate 825% Term 20 09/23/96 FISHKIND 3 ASSOCIATES, INC. Page 1 TOTAL TOTAL DEBT SERVICE TOTAL PAYDOWN ALLOCATED PERMANENT RESERVE FUND NET PER COST (1) COST (2) RELEASE BALANCE (3) UNIT (4) Product Twee Detached Single -family A $6,822,953 $1, 619 ,450 $520,350 $4,683,153 $32,749 Single -famAy B 9, 288,396 $2, 400,863 $688,553 $6.196,980 29.231 Single - family C 1,843,036 $702,139 $114,090 $1,026,808 16,561 Club View 10, 980,991 $4.439,331 $654,166 $5,687.494 15,019 Patio 10, 209,146 $4,541,254 $566,789 $5,101,102 12,721 Attached Marna $6,265,150 $2,427,136 $383,801 $3,454,212 $12,249 Quad -Villa 13, 574,771 $6,042,020 $753.275 $6,779,475 9,657 Muff! Family 20,160,308 $7,732,137 $1,242,817 $11,185,354 8,519 Commercial Retail $11,199,094 $10,527,148 $67,195 $604,751 $2.11 Office Club House $929,960 $2,023,195 $184,991 $564,429 $74,497 $145,877 $670,473 $1,312,889 24.63 42.15 Total $93295, 000 $ 41,180,898 $5,211,410 $46,902,692 (1) Cost per unit muttipfhed by number of units. (2) Cost supported by permanent assessment for 20 years at 825 %. allowing for 6% administration and allowance for early payment of assessmards (3) Balance to be paid (pay -down amount). (4) Balance on a per unit basis. Bond Rate 825% Term 20 09/23/96 FISHKIND 3 ASSOCIATES, INC. Page 1 c�cyOMOM � aco Cl Cl) 4�t1? ,f��QQ n nu nun M� Pte. , , P- ,��crnry�i�i. ii! n�o 7SPO: MRV1�H��O�rM <C CIO QI WQ W 6191 P7 Y7 °T O J < ��pp q�pp mm 111W. O Y) 2rycD�C1 � O LOra4H!O !0 O fllOCfsrtp�ORCL-M_ c�cyOMOM � aco Cl Cl) 4�t1? o F-Z Z , , P- ,��crnry�i�i. ii! n�o 7SPO: <C CIO c v ��R o"dN M N O co cp to O O N y wrMCD co W �MQ to cTn to 69 iH * ' GO '. m. O J < ��pp q�pp mm 111W. O Y) 2rycD�C1 � O LOra4H!O !0 O fllOCfsrtp�ORCL-M_ O UNSH982-1 ri o�� ►'mac; n c'ao c°g, `.� c�'j cpp�cpp% r�oi, aNi, rn c�� T ToOcoN MN (DN N I- N j r L m cc a U Z v� W Q U) cla 0 Z Y ♦♦2� 1V1i/ L- °$ ^g cq co O O 88 °0$888888 f- E- 0 16L � J F^ U� �W F t% A� W WWU a UO� .W�WO aAa Aga W O� Uz W M m p U S a s, 16G Ww U a W a A 5� U A W a 0 w W A qH 5 0 U 1� C7 w U h a 0 CA AM 0 w V W `p M 0 M N bo S m V 17 � it F V M 'C C7 ,o a a O ,p y+ a 3 � V r 3 x 16G ,III WW U a W a A H U F W a O 0 v ►J 0 W z w W U y a a t� w z w 0 p o� n 4 4 �Y o � j 93 �Q L I �Q o� L I O r-J N 8 a i a7 a 16G I fwd U w a a H U a a 0 A H Q a z w w U y a 0 a a 0 z w z w Y Q N U a q ZVI Is= U U o a a A �n 0 1 ON 8 .� q a p G 16G U� Aw wWU N4� awo AAa° �a HC7 �w o� w 101. Im 1 9a N U �gA bo � M M S,� 3� �o F �Q a �Q � vj � Q A M Q 1 IV, ISE It' �.: • 1�1 1 11 � 91• � M' X191: lKsMIJ41 NV 1 91 �•�tDI 1 • 16G ,rd of County Commissia,: The regular meeting of the Board of Supervisors of Fiddler's Creek Community Development District was held on Monday, October 28, 1998 at 10:00 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 Riegelhaupt Grady Minor James Ward Tony Pires Terry Cole Mark Strain Chairman Vice - Chairman Assistant Secretary Assistant Secretary Assistant Secretary Assistant District Manager Attorney Engineer 951 Land Holdings Roll Call PJi_c. Corres: Item# ) � G Copies To: Mr. Ward called the meeting to order and stated the record will reflect that all Supervisors are present with the exception of Mr. Mullins who is absent at roll call. SECOND ORDER OF BLNINESS Oath of OffiICe of Grady Minor Mr. Ward, being a Notary of the State of Florida, administered the Oath of Office to Grady Minor which will be made part of the official District records. For the record, Mr. Mullins joined the meeting at this time. ZIil1E 0 ORDER OF BUSINESS Public Hearing on the Adoption of the Budget for Fiscal Year 1997 Mr. Ward stated I have provided you with a revised budget for your General Fund for Fiscal Year 1997. It has changed slightly over the one that was in your agenda package. In the first year of operation of a Community Development District all of the General Fund's expenditures that we anticipate will be funded pursuant to an agreement that the Board has previously executed between the developer and the District. Beginning in the second year the Board will have the opportunity to make a determination as to whether or not it desires to levy a non October 28, 1996 16G ad valorem special assessment utilizing the services of the Property Appraiser and Tax Collector for Collier County. As an alternative, you will also have the opportunity to bill separately for these expenditure levels for your Fiscal Year 1997 budget. At previous meetings the Board has adopted a capital improvement element for the CDD which is what you will utilize over the next few years in order to build the infrastructure requirements within the CDD. That will be funded solely from proceeds of bonds that are anticipated to be issued either by the end of this calendar year, or the first quarter of 1997. That will come back to you in the coming months as Staff and the developer work through those financing mechanisms. This particular budget before you is for your general operations. This is a public hearing and at some point it will be appropriate for the Chairman to open the meeting to any public comments. Mr. Mullins stated the meeting is now open for public comments on this budget for Fiddler's Creek Community Development District. There not being any, On MOTION y Mr. Minor seconded y Mr. Woo ward with all in favor the public hearing was closed to the public. Mr. Ward asked are there any questions from the Board? Mr. Woodward asked on your revised budget under Arbitrage Rebate Calculations, what is that? Mr. Ward responded it is not required for the first year, but once you get to the point of issuing bonds the Federal Government requires us to perform arbitrage calculations. That means to do a calculation on your bond funds to ensure that you are not earning more money on the funds than you have in your bond accounts than you are paying in interest on those bonds. That is called arbitrage. Positive arbitrage or earnings in excess of your expenditure levels for those bonds are required to be remitted directly to the Federal Government on an incremental basis every five years. The requirement is to actually do the calculation on a yearly basis and you will see that as a part of your budget next year, if we get to the point of issuing bonds at the end of this calendar year. Mr. Woodward stated you that Trustee on the revised but you do not show anything. 2 October 28, 1996 16 t, Mr. Ward responded the Trustee fees also in the first year will be paid for directly from your bond proceeds. There is an initial set-up fee and a first year operating fee that will come directly from the bond issue and in the second year You will see the Trustee fees. Raw- On TI y r, Olson sewn e by Mr. inor wi all in favor Resolution 97 -1 adopting the final budget for Fiscal Year 1996 -97 was ado ted. FOURTH ORDER OF BUSINESS Approval of the Minutes of the September 25, IM Meeting Mr. Ward stated everyone had received a copy of the September 25, 1996 minutes and requested any corrections, additions, or deletions. There not being any, n TI N by Mr. Woo wa secon e by —Mr. sen with all in favor the September 25, 1996 minutes were a roved.' Flk-1 ORDER OF BUSINESS Consideration of Agreement for Engineering Services with Hole, Montes Mr. Ward stated we will have this agreement ready for the next meeting along with the rate structure which will be attached. SIXTH ORDER OF BUSINESS Status Report on Financing Mr. Ward stated we put this on your agenda at the time you begin to do your financing. The financing team is working on the preparation of the Preliminary Official Statement for the issuance of the bonds relative to Fiddler's Creek. I expect that to be completed by the latter part of November. Once the Preliminary Official Statement is ready, we will be in a position to make a determination whether to go to the bond market in the month of December or hold off until January. A lot of things come into play at this time of the year in trying to find investors. It is difficult because you will be going into a presidential election. That will be a decision we will have to make in the month of November and I will provide you with an update at that meeting. 3 October 28, 1996 16G Mr. Pires stated the bond validation hearing was held October 14th and the Court entered its final judgment of validation and we are waiting for the appropriate time frame which is 30 days. I have prepared a draft which is almost ready for submittal to the Justice Department as required under the Voting Rights Act. I anticipate filing that this week. B. Engineer Mr. Cole stated construction is proceeding along on Phase 1A, which is the Guardhouse and entry area. That should be completed within the next few months. They are continuing to work on Phase 1B which is the portion from the Guardhouse east to Championship Drive. The development of Tract 49, 50 and 51 has begun which is to the east of the Guardhouse area. C. Manager Mr. Ward stated we received our Federal I.D. number and Tax Exempt number and we will be able to get our bills paid this week. Mr. Olsen asked can you walk us through the process of the bond issue? Mr. Pires responded as a pre - condition to issuing any bonds, there is a process whereby the issuance of the bonds by the Board, the assessment methodology and any action taken leading up to that, is filed in the Circuit Court that is served under State Attorney who acts as the attorney for the people of the State of Florida. Also, the Division of Bond Finance receives a copy. Then there is an advertisement in the paper indicating that people who are interested tax payers or property owners within the District have the right to appear at the hearing before the Court to indicated their position of whether or not bonds should be issued or validated and if they have any objections to the process that led up to that. In this action, I have worked closely with the State Attorney's office for any exhibits and document preparation so that he can see from all the action that the Board took that everything is proper and legal. Then the Court signs the Judgment validating the bonds and all the action leading up to the bond authorization. Then there is a thirty (30) day appeal time and if no appeal filed, a Certificate of No Appeal is issued which forecloses anyone from challenging the bonds in the future. The purchaser of the bonds needs to have that done. EIGHT ORDER OF BUSENESS Supervisor's Requests and Audience Comments There not being any, the next item followed. 4 Approval of lavoices On MOTION by Mr. Riegelhaupt seconded y r. Woodward with all in favor the invoices were a roved. On MOTION by Minor seconded y r, oo war with all in favor the meeting was adjourned at 10:20 a.m. Larry MullKFk Chairman mes Ward, Secretary 1-i 16G Monday October 281996 10:00 A.M. AGENDA FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 1 6G 4"y Northern Trust Bank Building 4001 Tamiami Trail North 4th Floor - Larson Room Naples, Florida 33940 1. Roll Call 2. Oath of Office for Grady Minor 3. Public Hearing on the Adoption of the Budget for Fiscal Year 1997 4. Approval of the Minutes of the September 25, 1996 Meeting 5. Consideration of Agreement for Engineering Services with Hole, Montes & Associates 6. Status Report on Financing 7. Staff Reports A. Attorney B. Engineer C. Manager 8. Supervisor's Requests and Audience comments 9. Approval of Invoices 10. Adjournment Naples Deity News Naples, FL 33940 Affidavit of Publication 16G FIDDLER'S CREEK CON Mi1k1ITY DEV. DISTRICT - GARY ROYER 01ceOOfMeong 10300 Nu 11711 3 CORAL SPRINGS FL 33071 L Co 'd � OIS1�'IC}F 's The Board of UOwduled toehold c oub i on mon. day 228, 1 of 10x)0 AM In the REFERENCE: 052301 nOciobTerr r0. e001 N= ON TraA tlh Floor The Larson 57375251 Notice Of NeetingFid Room, NML-, FFkft for & puVW of State of Florida County e s ihe�olb for of Collier Before the undersigned authority, personally Fhad Year W. In addition the Board wM heor M&k Comment and objection retaflve appeared Nina Iverson, who on oath says that she serves as the Asslstcnt Secretary of the ttaptas Daily 10 the kw of o non od vdorem osessmet pursuant to Florida Lou for the of News, a daily newspaper published at Naples, in Collier County, Florida : that the attached 0WOflng, mointolnIng Dnd PrinX. Pd, Interest Dnd other re X. copy of advertising was published in said newspaper fund varllous foclD � The Dhtthe maY mho on dates listed. Affiant further says that the said Naples Daily of ceridn r fees amid wl�Ch are ldarditled the budp.m. copy News is a newspaper published at Naples, in said Collier County, Florida, and that the said of fife =� �V be Ekes ofpk{ obldned W Df' newspaper has heretofore been continuously published In said Collier County, Florida, each Manor, Coral Spr(np Fbr1�q� d KW. q11 and W**Ss fKMrs The goord w1� - dsy and has been entered as second class salt ° MY other buskMS whkh may matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year PrDPertYMe before ff. There MON be OcCCWons when one or next preceding the first publication of the attached copy of advertisement; and nwe ek WN of Woflon affiant further says that he has neither paid nor promised a speaker person con attend any if• any person, firm or coporstion any discount, rebate, commission or refund for the purpose of the °boys 100A n and be itdfy � of 00 dfsCtnsloos faking plate ether In per. securing this advertisement for publication in the said newspaper. Son or bytekq� • � AITY Perm r�s1a PUBLISHED ON: 10/11 10/18 aa� M dies tact ft Of WW S7.con- five Calendar dots J to the. Eoch parson who decides b apped ow dK10 a� the Board wtMl re.) AD SPACE: 6.250 INCH s dV person WM n _ FILED ON: 10/18/96 aft a record the pr and ftd 0C• ---- -- Sure ttwf o vaboffm record of yernp•• i 13 modem, th0 teSHrffo _ +------ Signature of Affiant -I upped h to be based upon such Sworn to and Subscribed before so this 2j— day of - GorY L Moyer Personally known by re d October 11, It No 176151 JWM A. nwiM MY S P =00787 EXPWS .,��z spwpEp F'e" 19. zDOo They Tnor F-W eeawwU. mc. N 3 0 z J 8 Q �LL aaz Z All lz A is Iss sit lit Half,-, m'521111`1 aC'E'll -U60,5111, 0 U • ^my 0 co LL o OU 0 «-. rrc[3 c VJ� �i `m N �O � u a� H �b a tz Fj T U h c ea 0 gi z� AJ r 8 N U Q) W cc is N N 3 � •.vi Q� � U Z Q LL a 0 N (a a4 �.a5 c Zm82 I trl w 0 w U) O O a 0 W N +1 U to U � > � tr a (1) 09 ft k m��-�� N. ag N CCC ez " N � C N A 3 .� Q ~qn t 4 0 kIrn 4� U 0 0 0 N ?+ N t4-) L 3 N Y N f o. 7S { 16G Y � g 3 g O O N CL 16G Oath of Office I, Grady Minor, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Fiddler's Creek Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the fiddler's Creek Community Development District, Collier County, Florida. 0.0Vl_' Grady Minor O,t-�o, 28 Date lore RESOLUTION 97 -1 A RESOLUTION ADOPTING THE FINAL BUDGET OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT FOR FISCAL YEAR 1996. 97 Whereas, the District Manager has heretofore prepared and submitted to the Board, for approval, the District's proposed Budget for the ensuing fiscal year; and WHEREAS, a public hearing has been held on this 28th day of October, 1996, at which members of the general public were accorded the opportunity to speak prior to the adoption of the final budget; 2 It, V:1 : .00 1 Do :14 "Ia •• W 1. The proposed Budget heretofore ' submitted to and approved by the Board is hereby adopted as the final Budget of the District for Fiscal Year 1996 -97. 2. A verified copy of said final Budget shall be attached as an exhibit to this Resolution in the District's "Official Record of Proceedings ". Adopted this 28th day of October, 1996. fufillzr's Creek, Community Development District Budget - General Fund Fiscal Year 1997 Revenue: Developer Contribution Appropriations: Professional Fees: Board of Supervisors Fees Engineering Legal Audit Arbitrage Rebate Calculations Management Trustee Administrative Fees: Telephone Postage & Reproduction Office Expenses & Supplies Computer Services Insurance Legal Advertising Subscriptions & Memberships Contingencies Other Fees and Charges: Property Appraiser Tax Collector Revenue Reserve $9W= Total Revenue: 590000 Sub - total: 16G - i! $12,OW $10,000 $18,000 $5,500 $0 $33,000 $78,500 $500 $600 $600 $4,800 $2,000 $1,500 $175 $1,325 Sub - total: $11,500 Not Applicable for FY 1997 Sub - total: $0 Total Appropriations: $90,000 16 G Fiddler's Creek Community Development District October 10. 1996 Gulf Bay Communities 4001 Tamtamt Trail North Suite 350 Naples. Fl. 33940 Attention: Anthony Di Nardo Subjects Fiddler's Creek Community Development District Fund Request Dear Mr. Di Nardo The current funding requirement for the Fiddler's Creek Community Development District is necessary to pay the following. Pay Request 03 Invoice #5- 932 - 80635/ 9/12 & 9/13 Service $31.00 Invoice #5- 932 - 80629/ 8/21 Service $13.50 Invoice #5- 925 -9766/ 9/9 Service $15.50 Indian Trace Community Dev. District Invoice #103 9/96 Long Distance Faxes $12.50 Reimbursement for 8/15 Fedex $15.25 Woodyard Pires do Lombsrdo. P.A. Account #8712 -0001 7/9 -8/31 Service General Representation $2,696.03 Account #8745 -DOOM 8/11-8/31 Bond Validation Service $3,344.14 Florida League of Cities General Liability 1995/96 $308.00 General Liability 19971st Installment $750.00 Q= L. Moyer. P.A. October 1996 Management Fees $2,750.00 Suvery sor Fees 9/25 Meeting /Mullins. Woodward. Olsen. Riegelhaupt ® $200 $800.00 Total Request: $10.735.92 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 10300 N.W. 11th Manor Coral Springs, Fl. 33071 Enclosed is a copy of all backup required to support this request. Accordingly, it would be appropriate for Gulf Bay Communities to fund these items 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 I. I., -•� itnu t n ALt tn. 1 November 5, 1996 Collier County Clerk's Office Collier County Governmental Center 3301 Tamiami Trail East P.O. Box 413044 Naples, Florida 33941 -3044 C ► 4 JA" ri ,_'7 District r IJ :,rd of County Corunissic\ �o Attention: Mr. Dwight E. Brock, Clerk of Circuit Court '1�' Subject: Naples Heritage Community Development District Proposed Operating Budget - Fiscal Year 1997 Dear Mr. Brock: In accordance with Chapter 190.008 (2) (b) of the Florida Statutes, the District is required to submit to the local governing authorities having jurisdiction over the area included in the District, for purposes of disclosure and information only, the proposed annual budget for the ensuing fiscal year. As such, I am pleased to enclose the District's Proposed Operating Budget for Fiscal Year 1997 for your review and information. If you have any questions, please feel free to contact me directly. Yours sincerely, NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT Y1 91W James P. Ward Assistant District Manager JPW /ks Enclosure Misc. Corres: Date: '-?,, —11 --Ci 7 Item# Ito.G . Copies To: From the desk of -. James P. Ward Assistant District Manager District Offices 10300 N.W. 11th Manor Coral Springs, Florida 33071 Direct Dial No. (954) 796 -6615 Direct Fax No. (954) 345 -1292 �apCes He.ritage 16 Community Development District Budget - General Fund Fiscal Year 1997 Revenue: Developer Contribution $101,475 Postage & Reproduction Total Revenue: $101,475 Appropriations: $2AW Professional Fees: $600 Board of Supervisor's Fees $12= Engineering $15,000 Legal $20,000 Audit 555W Arbitrage Rebate Calculations (N/A FY 1997) S0 Management $34,000 Trustee (N /A FY 1997) $0 Property Appraiser Sub - total: 586500 Administrative Fees: Telephone 5,500 Postage & Reproduction $600 Rentals & Leases $2AW Office Expenses & Supplies $600 Computer Services $6= Insurance $2= Legal Advertising $1,500 Subscriptions & Memberships $175 Contingencies $1,200 Sub - total: $14,975 Other Fees and Charges: Property Appraiser Tax Collector Not Applicable for FY 1997 Revenue Reserve Sub - total: $0 Total Appropriations: $101,475 �. 16 Lz MINUTES OF MEETING j r DOVE POEVM COMMUNITY DEVELOPMENTDISTRICT , d of Cocity Corrrtissi The reconvened meeting of the Board of Supervisors of the Dove Pointe Community Development District from Wednesday, June 22, 1994 at 11:00 A.M. was held Wednesday, June 29, 1994 at 11:00 A.M., at the offices of Agnoli, Barber & Brundage, 7400 Tamiami Trail North, Suite 200, Naples, Florida. Present and constituting a quorum were: John C. Veit James Curry Arthur A. Largent Jerry McLaughlin Barry Harner Also present were: John Petty Bruce Anderson Jim Marks Jack McKenna Chairman Vice Chairman Assistant Secretary Assistant Secretary Assistant Secretary District Staff (by telephone) Van Assenderp Varnadoe, et al Dove Pointe Development Agnoli Barber & Brundage FIRST ORDER OF BUSINESS Roll Call Mr. Petty called the meeting to order and stated the record will reflect that all members of the Board. are present. SECOND ORDER OF BUSINESS Continuation of Consideration of Award Resolutions for Special Assessment Bonds and Golf Course Revenue Bonds Series 1994 VII NIVI --VIN Dy mr. %,carry secunueu uy oir. L"Agrjul, with all in favor the Board recessed the meeting until Thursday, July 7, 1994 at 11:00 A.M. to be held at Agnoli, Barber & Brundage, 7400 Tamiami Trail North, Suite 200, Naples, Florida. vgl� ary L. 4tohn Veit Secretary Chairman AGENDA 18 lily June 29, 1994 Wednesday 11:00 A.M. Reoonnvened from 6/22194 1. Roll Call 16G Agnoli, Barber & Brundage 7400 Tamiami Trail North Suite 200 Naples, Florida 2. Consideration of Award Resolutions for Special Assessment Bonds and Golf Course Revenue Bonds Series 1994 3. Other Business 4. Adjournment T M3NUTES OF BEEET ING DOVE POnvTE J 6 G COMMUNITY DEVELOPMENT DISTRICT . -4 of Co +.!nty CoMnissS : -. The reconvened meeting of the Board of Supervisors of the Dove Pointe Community Development District from Thursday, July 7, 1994 at 11:00 A.M. was held Thursday, July 14, 1994 at 11:00 A.M., at the offices of Agnoli, Barber & Brundage, 7400 Tamiami Trail North, Suite 200, Naples, Florida. Present and constituting a quorum were: John C. Veit; James Curry Arthur A. Largent Jerry McLaughlin Barry Harper Also present were: James 'Yard Bruce Anderson Jim Marks Jack McKenna Chairman Vice Chairman Assistant Secretary Assistant Secretary Assistant Secretary -2 x Assistant Manager (via teleconference) Young, van Assenderp, et al Dove Pointe Development Agnoli, Barber & Brundage FIRST ORDER OF BUSINESS Roll Call Mr. Ward called the meeting to order and stated the record will reflect that all members of the Board are present. SECOND ORDER OF BUS Continuation of Consideration of Award Resolutions for Special Assessment Bonds and Golf Course Revenue Bonds Series 1994 Mr. Ward stated the purpose of today's reconvened meeting was to be able to consider the award Resolutions from your bond counsel relative to the issuance of the Series 1994 Special Assessment Bonds and the Golf Course Revenue Bonds. As I had indicated to the Board last week, we were in the position of trying to obtain a letter of credit or surety, which U.S. Homes was looking at in order to effectuate the business of issuing the golf course revenue bonds. That issue is still ongoing. Your staff believes that it will continue for a few more weeks and as such we have nothing new to report to you other than to advise you that your staff' is working on this diligently; both Dr. Fishkind and Mr. Regan and Mr. Curry representing U.S. Homes and Mr. Marks from Dove Pointe Development. July 14, 1994 16G Hopefully within two weeks we will be able to bring back to you resolutions necessary to issue these two series of bonds. If it is the Board's pleasure, we recommend that you adjourn this meeting and consider your next meeting for Thursday July 28, 1994 at 11:00 at Agnoli, Barber Brundage's office. Mr. Veit asked what the advertising requirements were to convene a meeting of the Board. Mr. Ward responded it takes about ten days. The advertisement requirement is seven days and if we give the paper the regular notice, it usually takes three days to get it in the newspaper if we get it to them today. Mr. Veit asked what would be the earliest date that the Board could convene a meeting? Mr. Ward responded today is the 14th, if we faxed them an advertisement by the end of business today, they would be in a position to advertise on Monday the 18th. That means Monday, July 25 would be the earliest possible meeting date on a readvertisement. The Board has the option of continuing this Board meeting until a date and time certain. Mr. Marks stated that the Bond documents are completed and the Board could award a Bond Purchase Agreement at that meeting. Mr. Ward stated the documents are currently written such that they do not include any provisions for providing letters of credit. Assuming we do get the letter of credit, your bond counsel will need a few days in which to turn around new documents to incorporate that letter of credit. With that, your staff will need at least 24 hours to read through those documents to make sure that they are correct so I suspect it will take a few days from the time we get the letter of credit in order to turn around some documents for you. Mr. Veit asked if we just did a continuance for two weeks and in the process something occurs prior to those two weeks, can we bring that meeting up? Mr. Ward responded no. You have the ability to move it back but once you set it you don't have the ability to move it forward without notification required by Statute. I will go through those with you. Since this was an advertised Board meeting and it was advertised in the newspaper and we have continued it, that meets the Statutory time frames for holding public meetings and that has been complied with. To the extent that you readvertised for next Monday and you decide you want to move it to Saturday, unfortunately the Statute does not provide for that type of change. It provides for you to have your Board meeting on Monday Pq • July 14, 1994 1 L G and you can continue it over to the next Tuesday or Wednesday, etc. but you cannot move it up. Mr. Marks asked whether we should then go ahead and advertise the next Board Meeting for a week from today? Mr. Ward responded because of the ten day advertising requirement, I think that the Board's intent is to try and hold these Board meetings as quickly as we can. I might suggest that we continue this Board meeting for a week until next Thursday. I will readvertise the following Thursday as our regular Board meeting and that will give us two Board meetings a week apart. There is no downside risk other than it pulls us all together for a few more minutes or another hour next Thursday. Mr. Veit asked whether that was acceptable to the Board and whether it was satisfactory with legal counsel. Mr. Veit stated that we will continue until next week and then advertise .a regularly scheduled meeting on the 28th. That way it gives us a buffer also. If it happens within that time frame, we are still covered within the regulations. Mr. Anderson stated if we don't have anything new next Thursday and we are having a meeting advertised for the following Thursday, we can cancel the meeting on the 21st and not require everyone to show up because we won't need to continue the meeting. Mr. Ward stated that will be the option at that point. On MOTION by Mr. Largent seconded by Mr. Harner with all in favor the meeting was continued until Thursday, July 21, 1994 at 11:00 A.M. at the offices of Agnoli, Barber & Brundage, 7400 Tamiami Trail North, Suite 200, Naples, FL and authorized staff to advertise July 28, 1994 at 11:00 as a regular Board meeting to be held at the same location. The meeting was adjourned at 11:10 A.M. c. iy L. oye J Veit Secretary han irman 3 16G AGENDA DOVE PORWE CONa UNM DEVELOPMENT DLSMUCT July 14, 1994 Agnoli, Barber & Brundage Thursday 7400 Tamiami Trail North 11:00 A.M. Suite 200 reconvened from 711/'94 Naples, Florida 1. Roll Call 2. Consideration of Award Resolutions for Special Assessment Bonds and Golf Course Revenue Bonds Series 1994 3. Other Business 4. Adjournment 6 L- M: EE D. •.R • flK •d of County Cowli;;f The reconvened meeting of the Board of Supervisors of the Dove Pointe Community Development District of August .24, 1994 was held Wednesday, August 31, 1994 at 11:00 A.M., at the offices of Agnoli, Barber & Brundage, 7400 Tamiami Trail North, Suite 200, Naples, Florida. Present and constituting a quorum were: John C. Veit Chairman -c7 James Curry Vice Chairman Arthur A. Largent Assistant Secretary, Barry Harper Assistant Secretary Jerry McLaughlin Supervisor Y Also present were: Jim Ward Assistant Manager Bruce Anderson Attorney Jim. Marks Dove Pointe Development Fi M ORDER OF BUSDUM Roll Call Mr. Ward called the meeting to order at 11:00 A.M. and stated the record will reflect that all members of the Board are present. SECONDED ORDER OF BUSINESS Update on Progress of Miller & Sctuoeder Mr. Ward stated the main purpose of today's meeting is to update the Board relative to the progress your staff has had in discussions with your new underwriter Miller & Schroeder and to consider the public hearing on the adoption of the budget for fiscal year 1994195 and the Funding Agreement to cover the same with the developer. Over the last week, your staff has had a number of conference calls with Miller & Schroeder. By staff, I mean myself, the District attorney, bond counsel and a representative of the developer, usually Mr. Marks and Mr. McLaughlin. We have come a long way in the last week towards being more comfortable with the deal. They are looking at a structure for doing the golf course bonds wherein the District will enter into a long term lease with Dove Pointe Development Corporation and pay an up front fee for a prorata share of the fair market value of August 31, 1994 16G that land and then have to pay the fair market value of the land at the term of the lease. During our conference calls this week, bond counsel has suggested an alternative structure which seems to be acceptable to Miller & Schroeder, still utilizing the lease form. The District will set up a not for profit corporation whose officers and directors will be the Board of Supervisors of the Dove Pointe CDD and the lease will then be entered into between the not for profit corporation and the Dove Pointe CDD. One of the problems staff was having relative to the lease with Dove Pointe Development Corporation had to do with the fact that it subjected the land to ad valorem taxes and significant sales tax exposures based upon what the compensation would have been under the terms of that lease. In Collier County the Property Appraiser in the last few years has been aggressively increasing the property values for all golf courses throughout the County and as such all of those courses have seen significant increases in their tax assessments during the years. Consequently, that would have been true under the original proposal from Miller & Schroeder for the Dove Pointe CDD. By virtue of this one change, we have now eliminated the ad valorem tax problem and the sales tax problem on the lease payments since the not for profit will be the governmental agency. It also does what Miller & Schroeder wanted to do originally and that is provide a mechanism in the event of a default by the District on the golf course bonds that the Trustee or the bond investor had some way of insuring that it can take possession of the course to continue operating the course or sell the lease in a financially responsible manner or change the rate to make it financially viable or sell the lease and recoup its payments under the terms of the bond indenture. We are becoming more comfortable with the terms of the lease I just outlined to you. We have not had an opportunity to draft the preliminary official statements, the exact terms of the lease or the modifications that are required to the bond indentures to effectuate this transaction. That is expected to be completed by Friday or Tuesday of next week and documents will be circulated to your staff by that time. We have scheduled another conference call for Thursday of next week with the working group that I outlined earlier to review those documents and to address any other concerns that any of the parties may have. I think based upon our conference call yesterday, we have come significantly closer to addressing the concerns of the underwriter and your bond counsel relative to these matters. The only open item at this time is whether or not the District will need to validate these bond. District counsel is reviewing that issue and once we have some documents in hand, we will be in a better position to render an opinion to that affect. I can tell you in 2 August 31, 1994 16 Cs preliminary form, your staff has had discussions that we do not believe a revalidation will be necessary, however, that is subject to a review of those documents once they are ready and Mr. Anderson's firm will be in a position to render that opinion at that time. I don't want to give the Board false hope but he did indicate that that is still an open item and it is a significant issue. Mr. Anderson stated that decision will be made after we have a meeting with the State's attorney's office, which represents the State of Florida in these bond validation proceedings and get an indication from them that they are in agreement that a revalidation will not be necessary. That meeting is not set up yet. We are going to wait until we have the documents in substantial final form. Mr. Curry asked will you be meeting with the same person from the County? Mr. Anderson responded no, this is the State's attorney. Mr. Curry asked isn't he located in Collier County? Mr. Anderson responded yes. Mr. Ward stated with that update relative to the golf course financing, your staff is recommending that we continue this Board meeting until next Thursday at 3:30 P.M.; we will be able to conclude our conference call that we have scheduled for next Thursday and we thought that would be the most appropriate thing to do and we will have a better handle on this deal for the Board and we will also continue your public hearing on the adoption of the budget. Mr. McLaughlin stated after yesterday's conference call, Mr. Curry's comments were received by Miller & Schroeder and their attorney. Mr. Ward stated your staff has worked hard in terms of being able to effectuate this deal and I think we have come a long way in a very short period of time on this deal. I feel more comfortable with the way things are going currently in terms of moving the deal. If Miller & Schroeder's estimates are correct and they are capable of selling this bond based on the structure, we will be able to be back to you with a Bond Purchase Agreement within the next few weeks. Mr. Largent stated the supervisors were left off of the approval of payments. Mr. Ward stated we will add them in. On MOTION by Mr. Largent seconded by Mr. Curry with all in favor the public hearing was recessed until September 8, 1994 at 3:30 P.M. to be held at the offices of Agnoli, Barber & Brundage, 7400 Tamiami Trail North, Suite 200, Naples, Florida. 3 'August 31, 1994 op V:! In Veit Chairman r 16G A 1 6 G " AGENDA DOVE POrM CONlMIJh W DEVELOPMENT DMWCT August 31, 1994 Agnoli, Barber & Brundage Wednesday 7400 Tamiami Trail North 11:00 A.M. Suite 200 Rec�onv��ed fivm 8&4194 Naples, Florida 1. Roll Call 2. Update on progress of Miller & Schroeder . 3. Public Hearing on the Adoption of the Budget for Fiscal Year 1994 -95 and Consideration of Funding Agreement to Cover Same 4. Staff Reports A. Attorney B. Engineer C. Manager 5. Supervisor's Requests and Audience Comments 6. Approval of Invoices 7. Adjournment .. s FORM 8B MEMORANDUM OF VOTING CONFLICT FO COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS 1AM NAM! 19911 %A111 MIDDIf NAME NAME OF WARD. COUNCIL(' OMMIISION.AUIHORIIY.OR(OMMtITEE (A MAILING ADIMM% e-/b L.j0c*- Fw Uv 1_A..tiel Q k 01'V COUNTY Co NAajVI F{a2iZ), A D AT£ ON WHICH VOTE OCCURRED ♦ -.( • rHE HOARD. COUNCIL COMMISSION. AUTHORITY OR COMMITTEE ON WHICH 1 SERVE IS A UNIT OF. O CIIIN O COUNTY d OTHER LOCAL AGENCY NAME OF POLITICAL SUBDIVISION MY POSITION IS. O ELECTIVE !-APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes 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 ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may 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 the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CE FORM MH . 1.91 PAGE 1 i 6•G IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST rMcl..kcw-cA. -,1 , hereby disclose that on a-a Ir -X 14 t 5 1 Y 19 ty (a) A measure came or will come before my agency which (check one) _ inured to my special private gain; or inured to the special gain of , by whom 1 am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: 0t." n.ccsw -tit�1, -I-% cc -Cq-%A j 4-, a-C%:Ca,4 itua 64 A��c l3R.o a S�.aS •4MJ dw �+ V .q f c..+ 4�:t 1 i0n%s b <c Wt. fa O� .ray AtS. oc-j.0, -io-. .+i4A 1^�i 1(tti Z S ` \ \�,rtoedlcis. �i 9 -7- 1W ` gc-�,,ff -0 - Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION. REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000. CE FORM %B- 1.91 PAGE FORM 8B MEMORANDUM OF VOTING CONFLICT FOR 16 OUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS IASI NAME VIRSINAMI MIDDI1:M ., MF NAME OFHUARD.(*OVNCIICOMMISSION .AUTHORIIY.ORCOMMITTEE 1 MAII.INC; AD0RF1\ THE HOARD. COUNCIL COMMISSION. AUTN RIIY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: L'/O POvi+DErLS QAA CC- A-,tt 1 0,4k O CITY O COUNTY C( 01-11ER LOCAL AGENCY CI TI' COUNTY ll Co I I: e 0- NAME OF POI.ITICAL SUBDIVISION: NA {S DATE ON WHICH VOTE OCCURRED MY POSITION lS: O ELECTIVE ti"APPOINTIVE WHO MUST FILE FORM 811 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting, and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes 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 ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may 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 the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CE FORM NB - IA1 PAGE 1 IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on A A-L 19 9V (a) A measure came or will come before my agency which (check one) inured to my special private gain; or inured to the special gain of (b) The measure before my agency and the nature of my interest in the measure is as follows: , by whom I am retained. Re pa•s�. l•ic�.s o M; It<•ti L ScE1q.��.R.e.. nn-c Q.1R�Y..��►t Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000. CE FORM 8B • 1.91 PACE I 166 k'ii'_ .. MRgU'M OF MEEMG CO n�PMENT DISTRICT Q '' :rd of County ComrOss i The reconvened meeting of the Board of Supervisors of the Dove Pointe Community Development District of August 31, 1994 was held Thursday, September 8, 1994 at 3:00 P.M., at the offices of Agnoli, Barber & Brundage, 7400 Tamiami Trail North, Suite 200, Naples, Florida. Present and constituting a quorum were: John C. Veit James Curry Arthur A. Largent Barry Harper Jerry McLaughlin Also present were: Jim Ward John Petty Bruce Anderson Jim Marks Reed Jarvi Chairman Vice Chairman Assistant Secretary Assistant Secretary Supervisor Assistant Manager District Staff Attorney Dove Pointe Development Engineer Roll Call Mr. Ward called the meeting to order at 3:00 P.M. and stated the record will reflect that all members of the Board are present. SECONDED ORDER OF E9JSINESS Update on Progress of Miller & . Mr. Ward stated prior to this meeting, your staff had a conference call for a couple of hours. We have draft Preliminary Official Statements out on both of the deals currently and drafts of the lease and the sub -lease agreements between the CDD and the non -profit corporation that I had mentioned last week. I think we made substantial progress during that meeting today and we will be going back and making the changes that we all outlined. There were a few issues that came up that I wanted to make the Board aware of and they will require Board action prior to us being able to enter into a Bond Purchase Agreement for at least the golf course portion of the bonds. The primary issue that came up in the staffs discussion today was relative to the management contract for the management I September 8, 1994 16G and maintenance of the golf course itself. The Board understands the differentiation, under Florida law, to the extent that the District is going to enter into a Management Agreement and to provide certain services, there is no requirement under the current law that that be bid, either publicly bid under a competitive sealed bid basis or through what we call the Consultants Competitive Negotiation Act, which is Chapter 287 of the Florida Statutes, similar to the way we select engineers or land surveyors. To the extent that the District will be entering into a contract for what I will call maintenance operations, and in this instance mowing the greens and trimming, fertilizing, etc. that is classified under Statutes as maintenance activities and to the extent that the District anticipates expending $10,000 in any one fiscal year, that must be competitively bid. As a result of that, the current concept for the management contract is just to limit it to the management end of the golf course itself. Your staff' is in the early stages of preparing a management contract for S & S's review to do that. We had a lengthy discussion on the conference call today about that issue. The underwriters feel it is a very important issue that the District come to closure with S & S Management or whoever, relative to the management of the course prior to the Preliminary Official Statements being printed and sent out. That is an important issue for the buyer of those bonds to recognize, understand and acknowledge. We plan on being back to the Board within the next few weeks with a draft of the management contract for your review and consideration at that time. It will have outlined in it, the duties and responsibilities of the manager, termination provisions, compensation provisions, indemnity provisions, which we did not get into on today's phone call but we do have in the draft of that agreement. That is an important issue that will need to be continued and discussed prior to us being able to sell these bonds As to a time schedule for the issuance of the bonds, we have scheduled another conference of your working group for September 20 at 1:15 P.M. to review the next draft of the Preliminary Official Statements, review the next draft of the leases and the first drafts of the Resolutions and the Bond Purchase Agreement that the Board will need to execute in order to consummate the deal. I don't expect they will be finished on that date but I think the Preliminary Official Statements and the lease will be in final form and the Resolutions that the Board will need to adopt and the Bond Purchase Agreement, your staff will see for the first time. It will be a few more weeks past that date. Things are moving along well from the conference call today. That is an update for you and I will address any questions you may have 2 September 8, 1994 1 L G relative to the golf course or the special assessments. I recommend that as part of the Board action for this meeting that you continue it until September 20, 1994 at 3:30 P.M. to be able to get a first hand feel as to where we are with this deal and how the documents are going and hopefully we will be able to have for you a first draft of the S & S management contract and if you are comfortable with it you may be in a position to enter into that contract, assuming it is in substantially final form. Mr. Curry asked can the Board get copies of it after staff has approved it before the meeting so they will have some time to review it? Mr. Ward responded yes. Mr. Curry asked does the Board have to convene before they can make comments? Mr. Ward stated we will be able to get that out to the Board before the 20th and I will ask the Board for their comments such that by the time we meet on the 20th, it will be in completed form. That is a decision that the Board can make on the 20th or before. If the Board is not comfortable with it then we may have to continue that discussion. Mr. Veit stated we will set the next meeting up for September 20, 1994 at 3:30 P.M. Mr. Ward stated I have an airplane to catch and I am going to turn the meeting over now to Mr. Petty. THIRD ORDER OF BUSINESS Public Hearing on the Adoption of the Budget for Fiscal Year 1994/95 and Consideration of Funding Agreement to Cover Same Mr. Petty stated this is a public hearing so at this time it would be appropriate for the Chairman to open the meeting to the public. Mr. Veit stated this meeting is now open for any public comments or questions on the adoption of the budget for fiscal year 1994/95. Mr. Petty stated I have a copy of the budget. Does the Board have a copy and have they had time to review it? Mr. Veit responded yes. Mr. Petty stated the budget is straight forward. It is mostly the fixed overhead portion of the District. Are there any questions or comments from the Board? �3 I September 8, 1994 16G Mr. Largent asked won't the budget change because of the lease? Mr. Veit responded you can make a budget amendment. Mr. Petty stated changes to the budget during the year can be done under a budget amendment. If there are no questions from stall' or the audience, it would be appropriate for you to close the public hearing at this time. Mr. Veit stated the public hearing is now closed. Mr. Petty stated staff would like the Board to consider adopting Resolution 94 -13, which by heading reads "A Resolution adopting the final budget of the Dove Pointe Community Development District for fiscal year 1994/95 in the amount of $93,900 ". On MOTION by Mr. Largent seconded by Mr. Curry with all in favor the Board adopted Resolution 94 -13 adopting the final budget for fiscal year 1994/95. Mr. Petty stated I would also like the Board to consider adopting the Developer Funding Agreement for fiscal year 1994/95. un AlUTIVN by Mr. McLaughlin seconded by Mr. Harner with all in favor the Board adopted the Developer Funding Agreement for fiscal year 1994/95. FOURTH ORDER OF BUS�SS Staff Reports A. Attorney Mr. Anderson stated I have a letter I want to distribute to the Board regarding the bond validation but I don't have any report for the Board. B. Engineer Mr. Petty asked is there an engineer here today? Mr. Jarvi stated I am standing in for Mr. McKenna but he has nothing to report. C. Manager There not being any, the next item followed. FW1H ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. McLaughlin asked are we going to discuss the non -profit organization? Mr. Anderson responded Mr. Van Assenderp spoke about that and I will direct this to Mr. Marks. One suggestion that we had for the purposes of these H September 8, 1994 16G lease negotiations is that you bring in another attorney to represent this non -profit organization that still needs to be formed and I was going to suggest bringing in Vince Murphy. He would be up to speed with what is going on with this project as opposed to bringing in someone who knows nothing. Mr. Marks asked does the Board have to take action to do that? Mr. Anderson asked will the developer be paying for that? Mr. Marks responded yes. Because of the tax ramifications relative to sales tax on the lease as well as ad valorem taxes on a lease from a private for profit corporation to the District, we are going to lease it to the District as we had talked about at a previous meeting. We will be subject to taxes as owners and we would have to pass it on to the District and to eliminate that potential problem, Fred Harris from Greenberg & Traurig has designed a system whereby the District will buy the property from the developer and then it will turn around and lease it to a Dove Pointe non -profit corporation, which the supervisors of the District will be shareholders of and then that non -profit corporation will lease it back to the District and we eliminate any tax problems. The leases are being prepared now in the final draft and say that the District will be buying the land from the developer for $500,000 and in the future will be leasing it indefinitely for $1 per year and there are some provisions with respect to the lease that will extinguish upon the redemption of the bonds. Mr. Anderson is recommending that I use our counsel as developer to create that corporation and to put it into this deal so that the other attorneys that are involved and representing the District and bond counsel can then approve those documents. Mr. Anderson stated once you get going and operating under the lease that is already in affect, that may not be a problem since you will be the Board of Directors for this non profit corporation as well as the Board of Supervisors of the District. In terms of negotiating the lease, it will be better to have someone else at this time do that. The Board should take action to authorize the formation of a non -profit corporation as we have been advised by bond counsel. We need to take this step in order to get the bonds sold, so it would be appropriate for the Board to authorize a non -profit corporation to be formed to be the lessee from the District of the golf course and the formation of that Corporation will be a cost that is born by the developer. Mr. McLaughlin stated we discussed last time the name of the non -profit organization and on the advice of counsel we are limiting the name to Dove Pointe Non -Profit Corporation. September 8, 1994 Mr. Anderson stated you may want to add golf course in the name but we 16G did not want to have Community Development District be a part of that name because it will be confusing. Mr. Petty asked for clarification are you asking for the Board to approve staff to negotiate and put together this not for profit organization and in staffs terms will that be your firm or who will be involved? Mr. Anderson responded that will be an attorney brought in from the outside for the sole purpose of getting the non -profit corporation formed and to negotiate with myself and bond counsel on the terms of the lease of the golf course. Mr. Petty asked will the District be hiring this outside attorney? Mr. Anderson responded no, it will be the developer. Mr. Petty stated then the Board is not being asked to bring in an attorney, they are being asked to approve the formation of a non -profit corporation. Is that correct? Mr. Anderson responded yes, for the benefit of the District in order to sell the bonds. Mr. Petty stated then they are approving staff to do that function, is that correct? Mr. Anderson responded yes, and requesting the developer to pay for it. vn inv'rtuN by Mr. Largent seconded by Mr. Curry ghlin abst with four in favor and Mr. McLauaining, the Board approved staff working with the developer at cost to the developer to create a non -profit corporation to lease the golf course from the District. SICTH ORDER OF BUSINESS Approval of Invoices There not being any, the next item followed. WLL 1T1V 11V1V uy Lur. narner seconded by Mr. Largent with all in favor the meeting was recessed at 3:20 P.M. until September 20, 1994 at 3:30 P.M. to be held at Agnoli, Barber & Brundage, 7400 Tamiami Trail North, Suite 200, Naples, FL ry over J)dhn Veit Secretary Chairman D f AGENDA 0-112d" I September 8, 1994 Thursday 3:00 P.M. Reconvened from 813L94 1. Roll Call Agnoli, Barber & Brundage 7400 Tamiami Trail North Suite 200 Naples, Florida 2. Update on Progress of Miller & Schroeder 3. Public Hearing on the Adoption of the Budget for Fiscal Year 1994 -95 and Consideration of Funding Agreement to Cover Same 4. Staff Reports A. Attorney B. Engineer C. Manager 5. Supervisor's Requests and Audience Comments 6. Approval of Invoices 7. Adjournment 16G • FORM 813 MEMORANDUM OF VOTING CONFLICT FOR 6 1 "COUINI I ) "COUNTY, MUNIICIPAL, AND OTHER LOCAL PUBLIC OFFICERS NAME 01 NUARU.CUt1NCII� WMMISSION. AUl HORITY.OR COMMITTEE a ••, r� ww 06 '4 ' MAII.IN(i AI)INtC�S THE BOA It U.COUNCILCOMMIBSION. AUTHORITY OR COMMITTEE ON WHICH 1 SERVE IS A UNIT O5 OQ ra/kl a A K CITY O Cr1Y O COUNTY We OTIIER LOCAL AGENCY COUNTY NAME OF POLITICAL SUBDIVISION: DATE ON WHICH VOIt OCCURRED 9a4 1 MY POSITION IS- O ELECTIVE eAPPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 192.3143, FLORIDA STATUTES ELECTED OFFICERS: a A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you arc abstaining from voting; and WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes 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 ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may 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 the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. E FORM Ntl • 1.91 PAGE I 16G IF YOU -MAKE NO ATTEMPT'TO INFLUENCE "THE DECISION EXCEPT B'Y' DISCUSSION 'AT'rHE'M)"E'i`1}41J: ' • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and rile it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on Sa'esm .$644, s'"" (a) A measure came or will come before my agency which (check one) -__ inured to my special private gain; or _ inured to the special gain of r: i . , by whom I am reta;d (b) The measure before my agency and the nature of my interest in the measure is as follows: My ,at:•.,a>r:.a A� �'n;�,.a df a.,.� N.�1,�R..a�;+��.s z ��ti +t~ti I 1 . Ira �►st f,.+ Ir.....+�.......n.i G 4r 1.w` T,p ba. C R.ati%7 L► t s.Q1 ti ..ir -� SAJ -Q.n. "t' -- M* *w%ow% Asa i+J V A l A ' c." &A! Jr . _ 41t,1g� Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ¢112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000. • 11 �' • 191 DOVE MINTE COMfEJNrrYDEVELOP5fENT DISTRICT The reconvened meeting of the Dove Pointe Community Development District of December 1, 1994 was held Thursday, December 8, 1994 at 11:00 A.M., at the offices of Agnoli, Barber & Brundage, 7400 Tamiami Trail North, Suite 200, Naples, Florida. Present and constituting a quorum were: John C. Veit Arthur Largent James Curry Barry Harper Jerry McLaughlin Also Present Were: James P. Ward Jim Marks Jack McKenna R. Yavonovich Ialtgi� IL• s-6 911 • }.`1Q19.1, Chairman Supervisor Supervisor Supervisor Supervisor Coa,cs la: Assistant Manager (by telephone) U.S. Home Agnoli, Barber Brundage Attorney Roll Call Mr. Ward called the meeting to order at 11:00 A.M. and stated that all members of the Board are present with the exception of Mr. McLaughlin. . SECOND ORDER OF BUSIN]M Update on Status of Distrct Financing Mr. Ward stated today's meeting is a continuation to see if we would be in a position to present to the Board this morning a Bond Purchase Agreement for the sale of the golf course and special assessment bonds. We are not in a position to do that. I was hoping to have Mr. Odam available by conference call this morning but because of the time differences we have not been able to get a hold of him. I suggest we continue this meeting until Wednesday, December 14, 1994 at 11:00 A.M. at this location. Mr. McLaughlin stated we have the assessment bonds subscribed to but we don't have any subscribed for the golf course at this time. I was also led to believe by Miller Schroeder that we were going to close on November 15; today being December 8, obviously the transaction is still open. I find that sometimes a loan officer gets in a rut with a particular program or deal and it makes it very difficult for them to accelerate its closing and I found in the past that even though I have 1 December 8, 1994 16G not liked it, that if they went over my head one way or the other, sometimes the bank is motivated out of a customer service posture to try to get things done. I feel that we were represented by Miller Schroeder that this was going to close. I have talked to the co- financial advisors, David Corbin. He bought his airline ticket for Miami in preparation of the closing and he is a financial advisor to Miller Schroeder and he felt that it was going to close. I know based on Miller Schroeder's financial condition that they have the capability of closing these bonds. They think it would be appropriate for us to draft a letter that we could send to Mr. Iverson, who is the President and Chairman of Miller Schroeder reflecting our current posture and opinion as to we thought it would have closed and why it hasn't closed and ask for some assistance or guidance that way. I like Mr. Odam and appreciate him as a friend but sometimes things have to be taken off center. I was directing this to Mr. Largent because he has a lot of banking background and see what he thinks. Mr. Veit asked what have we heard from them that said it would close? Mr. McLaughlin responded just general conversation. From the start Mr. Odam's initial letter, which we have addressed to the District, said they would have it closed within 30 days of generating the POS. It does state that it is based on a best effort basis but the letter to us stated that he was going to have this closed within 30 days. It has been about 45 days since the POS was distributed. We did not clarify that and I am not sure if that was 30 banking days or 30 calendar days. It has been 45 business days now. We will assume that it was 30 business days and we are under pressure and we are now up against a deadline for recertification. I have spoken to Miller Schroeder and they are considering giving us a Bond Purchase Agreement on the assessment side by next week contingent upon the closing of the golf course if we had someone in place to buy the golf course. Based on that conversation I did speak to their legal counsel and she also informed me that they were over subscribed and they were prepared to put together a Bond Purchase Agreement on that premise. Mr. Largent stated if we have nothing other than my saying something, if Iverson is disturbed about the deal, he won't back his people and I don't want to upset something if they do have someone to buy the bonds. If they do have a buyer, we could upset them to the point where they will drop that also. Mr. McLaughlin stated I am not looking to send a threatening letter, I want to lay out some facts and ask for some assistance and tell them that we contracted you on the premise that you are Miller Schroeder and we expected you 2 December 8, 1994 b16 to perform in this time frame and we committed "X" dollars to go with you based on our conversations with your staff. At this point we feel you have not performed and we are upset and we feel you misrepresented us. Mr. Largent stated it concerns me that you could upset them enough that we could lose what we have. Mr. McLaughlin stated I want to be somewhat aggressive. I have been attacked before from other clients and it has come up to the review Board or the loan committee and all it takes is one person on the loan committee to throw everyone else off center and sometimes it takes something a little stronger to throw him back on course and it depends on how it is interpreted. Mr. Veit asked is Mr. Odam keeping his superiors in the dark? Mr. McLaughlin responded no. I think Mr. Iverson has knowledge of the deal because it has been relayed to David Corbin by Mr. Iverson that they were having some trouble with the golf course. A lot of these developers have a long lasting relationship with their bond companies and they go on developing other projects and using their underwriters for other ventures as time goes on. I think there is some loyalty there. I think the difference from the banking industry and the bond industry is that the account representative is kept in the shadows in the Miller Schroeder type arena because the deal is dealt through a floor trader who makes his contacts and they are long lasting relationships with large institutions, such as life insurance companies. They want to preserve their relationships and they want to give them good deals. Mr. Veit asked have they indicated who will buy the assessment bonds? Mr. McLaughlin responded no, but there is more than one company. Mr. Veit stated I do have to agree that when we left that meeting with the representatives of Miller Schroeder I left with the feeling that the golf course bonds would go through. Mr. McLaughlin stated he told me several times that it would be done. My question is when we don't have anything anyway, do I take a shot? I am bringing this up to get some input because there are going to be reactions on both sides. We are under pressure. Mr. Marks stated he does have the infrastructure issues over subscribed and he does claim that he can provide us a Bond Purchase Agreement if we can deliver one of our potential golf course buyers and that buyer can demonstrate his financial ability. What you are doing is embarrassing him or putting him on the spot to his superiors and that may backfire on us. In my conversations to date 3 i December 8, 1994 16G } with Mr. Odam, we have discussed other options; if we have used all the potential investors, what other avenues are there? This is an issue of debate. They seem to think that they can retail this bond issue, which will take some time. Other staff members feel that they cannot do that. We have something and I hate to jeopardize something that we have that could work because we can still run parallel to close with a perspective buyer and he could still pursue institutional investors. What I don't know and as of two days ago there are supposedly two or three institutional investors still looking at it that have not passed on it. We don't know if that is hype. We were stretched with Allstate until Monday afternoon when we learned that Allstate passed. The Allstate deal was on the basis of 30 years of relationship. Mr. McLaughlin asked are you saying that you don't think it is appropriate at this time? Mr. Marks responded I am saying that I would not do that. Mr. Veit stated from my perspective I have heard various stories. such as we are working on the interest rate, we are looking for a letter of credit, etc. I would like to have Mr. Odam here at the meeting on December 14 in person and give this Board a status report on where that issue is. This is the second financial institution that we have gone to with a new approach to sell the bonds and it seems to me we have not made progress. I believe this Board is entitled to an explanation directly from Mr Odam. If he is here, perhaps we won't interject and impose and arbitrarily jeopardize the situation and we are not putting Mr. Odam in any position other than where he should be. Mr. Largent asked can't you call him and request him to close on the assessment bonds and not wait for the golf course? Mr. McLaughlin responded you can close on the assessment bonds but U.S. Homes has to sign off on it and you will not get U.S. Homes to sign off on something that they cannot guarantee to deliver on the golf course. Mr. Veit stated I don't see why they would close on the assessment bonds without having an idea that the golf course was going to be built because without the golf course there is no community and the assessment bonds will be paid off. Mr. Marks stated as of yesterday they were working on potentially having a meeting next Wednesday on the infrastructure issue subject to a financial demonstration by the golf course operator of their capability. That was cleared yesterday with Fred Harris. Are you aware of that? 4 December 8, 1994 16G Mr. McKenna responded I cannot see why they would close on assessment bonds without having that assurance. Mr. Marks stated I was not clear because I did not ask the question specifically but I believe they talked about possibly closing it but not disbursing. Mr. Ward stated I want to clarify one point that is important under Florida law and that is whether or not these bonds can go to retail investors. It is your staffs opinion, most specifically bond counsel, that these bonds are not allowed under Florida law to be sold to retail investors. That is a clear provision in the Statute. I told both Miller & Schroeder and their counsel that every bond counsel that I have worked with in the state has opined that we keep pressing the issue of being able to sell these to retail investors but I can assure that from my discussions with bond counsel and your financial advisor that we are not going to recommend to this Board that these bonds be sold to retail investors. It is not permitted by Statute. On MOTION by Mr. Curry seconded by Mr. Harner with all in favor the meeting was continued until December 14, 1994 at 11:00 A.M. to be held at the office of Agnoli, Barber & Brundage 7400 Tamiami Trail North, Suite 200, Na les, Florida. Mr. Yavonovich stated I suggest that this be the last time you continue the November 4 meeting. If you cannot get this deal done by the next meeting then adjourn and readvertise for a new meeting. Mr. Veit stated at the last meeting you were going to propose a maximum continuance of these meetings. Did you complete that? Mr. Yavonovich responded no. Mr. Curry asked how long does it take to advertise for a meeting? Mr. Ward responded ten days. The meeting was adjourned at 11:30 A.M. ry L. Moyer Jo Virman eit Secretary Ch 5 16G M -f CONUVIUN= DEVEWPM.EN'T DW.V1UCT Decembea 1994 Agnoli, Barber & Brundage Thursday ,a J l a Suite 200 Trail North 1:00 P.M. Reconvened from 14MMU Naples, Florida 1. Roll Call 2. Update on Progress of Miller & Schroeder 3. Staff Reports A. Attorney B. Engineer C. Manager 5. Supervisor's Requests and Audience Comments 6. Approval of Invoices 16G I . • FORM 813• MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I AST NAXII' I IRS1 %Ak11 MIDIM I' NAMF NAMi 01- W1AKU. (UIIXC11. COMMIIXCIOh. AUI HORIIY.OR C'OMMIIIEE CW13R / J A," ZS %A/tL �.� /�'i. ��A•�D CF tJalPf�: �S��S MAILING ADDRDLS THE IIOARO. COUNCIL COMMISSION. AUTHORITY OR COMMITTEE OK �7 WHICH I SERVE IS A UNIT OP. O CITY O COUNTY )1( OTHER LOCAL. AGENCY NAME OF POIJTTCAL SUIIDIVMION: �v�t � '�c 3 T M ' S NL 39/=i �C 1)0VE %�CIdre. C!v0' -j'V .rvr bcviA•Pme --r b,sr —c T fE ON WHICH vpli OCCt�RREU MY POSITION M. O ELECTIVE )X APPC•NTTVE WHO MUST FILE FORM 96 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes 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 ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may 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 the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CL �VKM FIS • IAI PAGE 1 16G IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST I. S^ its �`•+� ��.. ,,zy , hereby disclose that on —_ continuing conflict 19 . (a) A measure came or will come before my agency which (check one) inured to my special private gain; or inured to the special gain of Leveloper by whom I am retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Construction of infrastructure improvements by District, see Commission on Ethics Opinion 87 -66 �G /95� 4Datei l� tgnature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985). A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55.000. hMqUTES, OF YfEEnNG DOVEPORM COMMUNM DnTWPMMT D The reconvened meeting of the Dove Pointe Community Development District of November 23, 1994 was held Thursday, December 1, 1994 at 11:00 A.M., at the offices of Agnoh, Barber & Brundage, 7400 Tamiami Trail North, Suite 200, Naples, Florida. Present and constituting a quorum were: John C. Veit Arthur Largent James Curry Barry Harner Also Present Were: James P. Ward Jim Marks Jack McKenna R. Yavonovich 19�*I 1 • 1 of• : t.�r.fo�•� Chairman Supervisor Supervisor Supervisor N1isc. Corres: Date: ltemo I& �- Copses io: Assistant Manager U.S. Home Agnoh, Barber Brundage Attorney Roll Call Mr. Ward called the meeting to order at 11:00 A.M. and stated that all members of the Board are present with the exception of Mr. McLaughlin. . SECOND ORDER OF BUSINESS Update on Status of District Financing Mr. Ward stated we were continuing today's meetings for the purpose of giving the Board an update relative to the status of your golf course bonds. We have not heard anything and probably will not hear anything until later today or tomorrow. I suggest that you continue this meeting until Thursday, December 8 at 11 :00 at Agnoli, Barber Brundage. _ - - -r -- ---�"� •+,' .•aa. sacaa uGL x111 {.li all in favor the Board agreed to continue the meeting until Thursday, December 8, 1994 at 11:00 A.M. to be held at the offices of Agnoli, Barber & Brundage, 7400 Tamiami Trail North, Suite 200, Naples, Florida. Mr. Veit asked can you update us as to where we are with the bond agreement? 16G Mr. Ward responded the underwriter is trying to market those bonds to an credited investor. There are a number of potential investors. The specific company they are discussing this with now is Allstate Insurance who buys a significant amount of Community Development District bonds throughout the state of Florida. They don't normally buy golf course bonds; most of the bonds that they purchase are all special assessment deals. We worked with Allstate for many years in all of my CDD's. I know they are in that marketi.ag phase at this time. It is a matter of letting your underwriter and Allstate continue to have those discussions. Mr. Largent asked is Allstate also buying the other bond? Mr. Ward responded I think whoever buys the golf course bond will automatically do the special assessment deal. That is the easy part of the deal. Mr. Marks stated they are over subscribed from other institutiacW buyers for the infrastructure issue. Mr. Largent asked if the bonds don't sell can someone purchase the golf course? Mr. Ward responded yes. The District does not own the golf course, it is owned by the developer and the developer can do anything he wants with that property. The deal that we have is contingent upon the District being able to secure bonds for construction of that course and to purchase the land. Mr. Veit asked in the event that the bonds for the golf course are not sellable, where would that put the status of the District, would we continue with the infrastructure and the golf course would he within the developer's hands and would that affect the District in having to go back to the County because part of our responsibility was the park and recreation authority and that power would not be necessary at that time? Mr. Ward responded the special assessment bonds will not sell without the golf course bonds going. If the developer privately is able to secure financing for the golf course deal, then with that commitment in hand and some form of surety that the course will be built, the District will be able to secure the financing for the special assessment bonds at that point. They are tied together whether the District does the course or not is not relevant. As to the issue of parks and recreation powers that you have obtained from the Board of County Commissioners, we obtained those powers with the understanding that the District would construct and operate a public golf course within Collier County and I think we would need to go back to the Board of County Commissioners at 16G that point and advise them as to what has occurred and let the Board and the District make some decision as to whether we want to remove those from your authority or not at that point. Mr. Marks stated my understanding of our Agreement with Collier County is that we deed restrict the property to be a public course and that is all that the County is looking for. That would qualify them for parks and recreation. Mr. Yavonovich stated that is correct. Mr. Marks stated we have two potential purchasers that have been in the batters cage to do that. We have been talking to Mr. Odum. As of yesterday we are down to two people. One is Allstate and there is a firm out of New England that is the last institutional investors that could potentially buy it. Everyone else has looked at it. Many firms would not take it back to committee because they didn't want to embarrass themselves and take it back to committee because it has been there already, even though it has been repackaged. Mr. Curry asked are you saying that the way it is being packaged now, the investors have to be re- educated? Mr. Marks responded yes. The institutional investment community is thirty or forty buyers throughout this Country or less. The ones that were good potentials have passed. We are pursuing two people as potential backup who are golf course operators that have existing courses that have proven track records and financial ability, which are two important elements that we require. Mr. Veit stated in looking at a larger picture, there are certain eyes at the Board of Commissioners that are looking at us because of their concerns and how this is going to affect CDD's in the future. Mr. Ward stated I am not of the opinion that this will adversely affect CDD's in the future, this is a unique incident in terms of the District's ability to finance infrastructure and it has reasonable explanations as to why the golf course deal is not able to be done at this time. Mr. Veit stated that may be an issue in establishing another C.D.D. Mr. Ward stated I don't think it should. If you look at the primary functions of Community Development Districts under the Statutes, it is to provide basic community wide infrastructure. Those being roads, water and sewer, water management, street lights, landscaping and those kinds of basic infrastructure. There is an optional power out here for the construction of the golf course. They are difficult financings to begin with. I was of the opinion that this could have been done in the past. This deal was done with Alex Brown at one 16G point in the future and if the developer would have been willing to put up a letter a credit, we would have this deal done at this point in time. Because of that issue we were not able to do a golf course deal and had to restructure this. I don't think it adversely affects CDD's at all and maybe only from the perspective of doing golf courses, but I have golf courses throughout the state, other golf courses that have been successful in being financed. This has been a unique incident for this CDD in relation to being able to get a golf course deal done. Mr. Largent asked if a third party buys the golf course, what happens to the Dove Pointe District should the golf course not be maintained as it should be? Mr. Yavonovich responded there needs to be safeguards put in any agreement with the third party that insures maintenance. Mr. Marks stated similar to what we had with Mr. Glass before he pulled out. We had deed restrictions relative to the perpetuity and in the event of a default it would revert back to the developer so that they could cure the default to maintain the property as an ongoing public golf course. Mr. Largent asked if someone came in with bank financing and bought it, what would happen? Mr. Marks responded it would be subject to those restrictions. Mr. Largent stated but you have been paid. There is nothing to be delinquent with you. Mr. Marks stated anyone who gets a bank loan, the bank is going to insure their asset, that their financing is going to be maintained and operated properly. Mr. Veit stated there are different degrees of maintenance and what may be acceptable to one person may not be acceptable to us. There needs to be some safeguards put into any agreement that is entered into to make sure that it is kept to an adequate level of maintenance. Mr. Yavonovich stated this will be the fifth week since the first originally called meeting. Is there a specific policy of how often a meeting can be continued without readvertising? Mr. Ward responded the Statute provides the notification requirements and it says that the Board must advertise its meeting one time seven days ahead of the Board meeting and has the authority under the Statute to continue those Board meetings to a date and time certain. Mr. Yavonovich stated it would be our recommendation that the Board adopt a policy. I can draft one. The County has a five week policy and after five 16G weeks they readvertise it. I recommend you adopt some type of policy so you have something to fall back on. Mr. Ward stated we can do that. Generally this is the limit I get to before we adjourn the meeting and readvertise. It is a little difficult when you are doing these bond deals and it is not unusual for us to continue Board meetings for three, four or five weeks in a row in order to be able to have a Board meeting that has been properly advertised so we can consider bond purchase agreements. We can put something in your existing rules that you have relative to that policy and between Mr. Yavonovich's offices and my office we can bring something back to a future meeting. vaa a•av aava, v� a•aa. aiaaabvaav uvvvuw�a v) .•aa. v,aaa� with all in favor the meeting was continued until Thursday, December 8, 1994 at 11:00 A.M. to be held at the offices of Agnoli, Barber & Brundage, 7400 Tamiami Trail North, Suite 200, Naples, Florida. Cz LO ry Jo Veit Secretary Mairman December 1, 1994 Thursday 1:00 P.M. Reconvened from 11MIS4 1. Roll Call 16G Agnoli, Barber & Brundage 7400 Tamiami Trail North Suite 200 Naples, Florida 2. Update on Progress of Miller & Schroeder 3. Staff Reports A. Attorney B. Engineer C. Manager b. Supervisor's Requests and Audience Comments 6. Approval of Invoices 16U e i M khA 115LTA of Wall ,I, • The reconvened meeting of the Dove Pointe Community Development District of November 16, 1994 was held Monday, November 21, 1994 at 11:00 A.M., at the offices of Agnoh, Barber & Brundage, 7400 Tamiami Trail North, Suite 200, Naples, Florida. Present and constituting a quorum were: John C. Veit James E. Curry Barry Harper Arthur Largent Also Present Were: James P. Ward D. Brundage Jim Marks Joe Grimes Lorres: Chairman Date: Supervisor Supervisor Supervisor Coprts To: Assistant Manager (by telephone) Agnoh, Barber Brundage U.S. Home U.S. Home FIRST ORDER OF BUSINESS Roll Call Mr. Ward called the meeting to order at 10:00 A.M. and stated that all members of the Board are present with the exception of Mr. McLaughlin. SECOND ORDER OF Bid Update on Status of District Financing Mr. Ward stated the purpose of today's meeting was to discuss and hopefully have available a Bond Purchase Agreement from Miller & Schroeder. We are still waiting for that from them. We need to continue this meeting until Wednesday of this week at a time certain. Mr. Largent asked what is the chance of having it on Wednesday? Mr. Ward responded I don't know. Mr. Largent asked then why are we meeting so soon? Mr. Ward responded I would like to have a chance to talk to Miller & Schroeder today, unfortunately they are on a three hour time difference and as a result of that I cannot talk to them until later this afternoon. If they are close to doing something, if it is possible to do this week, then Wednesday is the only date it could be done. It is such a difficult deal that I did not want to put the Board in any jeopardy, so I thought Wednesday was appropriate. November 21, 1994 On MOTION by Mr. Veit secon e y r. Harner with all in favor the meeting was recessed until Wednesday, November 23, 1994 at 11:00 A.M. to be held at the offices of Agnoli Barber Brundage, 7400 Tamiami Trail North, Suite 200. Naples. Florida. L IN MEMO 01 16G C ,16 G AGENDA DOVE POU?M- COAUdUMW DEVEWPMMM DIMUCT November 21,1994 Agnoli, Barber & Brundage We&wsdayy fY1 , (}�U� 7400 Tamiami Trail North 10:00 A.M. Suite 200 Reoonvenecl from 11/16t94 Naples, Florida 1. Roll Call 2. Update on Progress of Miller & Schroeder 3. Staff Reports A. Attorney B. Engineer C. Manager 5. Supervisor's Requests and Audience Comments 6. Approval of Invoices i; 16 G � MEETING .O �E �: • E, • M The reconvened meeting of the Dove Pointe Community Development District of November 9, 1994 was held Wednesday, November 16, 1994 at 11:00 A.M., at the offices of Agnoli, Barber & Brundage, 7400 Tamiami Trail North, Suite 200, Naples, Florida. Present and constituting a quorum were: John C. Veit James E. Curry Barry Harper Also Present Were: James P. Ward D. Brundage Jim Marks Chairman Supervisor Supervisor MISC. Corres: Date: LIL Item! I (v �' Cop,",, +� Assistant Manager Agnoli, Barber Brundage U.S. Home Mr. Ward called the meeting to order at 11:00 A.M. and stated that all members of the Board are present with the exception of Mr. McLaughlin and Mr. Largent. SECOND ORDER OF BUS] NESS Update on Status of District Financing Mr. Ward stated from last week's Board meeting we had indicated to you that there was a possibility that we might have a Bond Purchase Agreement today but we do not. I recommend you continue this meeting until Monday at a time certain. gy L. o Secretary On MOTION by Mr. Curry seconded by Mr. Harper with all in favor the meeting was recessed until Monday, November 21, 1994 at 10:00 A.M. to be held at the offices of Agnoli Barber Brundage, 7400 Tamiami Trail North, Suite 200, Na les, Florida. Jahn Veit Chhairman 166 • I AGENDA r DOVE PO=, COM1MffJMW DEVEWP1VHM DiSMCT November 16,1994 Agnoh, Barber & Brundage Wednesday 7400 Tamiami Trail North 10:00 A.M. Suite 200 Reconvened from 111'9/94 Naples, Florida 1. Roll Call 2. Update on Progress of Miller & Schroeder 3. Staff Reports A. Attorney B. Engineer C. Manager 5. Supervisor's Requests and Audience Comments 6. Approval of Invoices ORDINANCE 140. 96- 67 �c ~.'? 16G �• rd of CRu.��y Corm =S� AN ORDINANCE AMENDING ORDINANCE NO. 93 -39, AS c2 1A1 g6 AMENDED, RELATING TO THE DOVE POINTE COMMUNITY CE,vEp r,: DEVELOPMENT DISTRICT: CHANGING THE NAME OF THE DISTRICT TO THE HERITAGE GREENS COMMUNITY � cs R �1eck d '' 'n DEVELOPMENT DISTRICT By AMENDING THE FOLLOWING ( i �� aaac I � �•, us SECTIONS: SECTION TWO - ESTABLISHMENT OF THE Gee- ` ' �j, ' DOVE POINTE COMMUNITY DEVELOPMENT DISTRICT) �•�` SECTION FOUR - DISTRICT NAME) AND SECTION FIVE STATUTORY PROVISIONS GOVERNING DISTRICT) PROVIDING FOR CONFLICT AND S EVE RABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, the Dove Pointe Community Development District was established on July 20, 1993, by Ordinance No. 93 -39 which became effective on July 28, 1993; and WHEREAS, Ordinance No. 93 -39 was amended by Ordinance No. 93- 70 which authorized the exercise of special powers which became effective on October 8, 1993; and WHEREAS, the Board of Supervisors of the Dove Pointe Community Development District has requested the Board of County Commissioners of Collier County to amend Ordinance No. 93 -39, as amended, to change the name of the District to the Heritage Greens Community Development District. to match the name of the Planned Unit Development zoning for the lands encompassed by the District's boundaries. ' NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida that: I SECTION ONE. Ordinance No. 93 -39, as amended, the Dove Pointe Community Development District Ordinance, Section Two is hereby amended to read as follows: SECTION TWO - ESTABLISHMENT OF THE DBVpg.E COMMUNITY DEVELOPMENT DISTRICTHERi The Be.. l�ritaQe Gr Ar,Q Community Development District 16G , SECTION TWO. Ordinance No. 93 -39, as amended, the Dove Pointe Community Development District Ordinance, Section Four is hereby amended to read as follows: SECTION FOUR: DISTRICT NAME The community development district herein established shall henceforth be known as the Dove - Pointe Heritage Greens Community Development District. SECTION TBRBE. Ordinance No. 93 -39, as amended, the Dove Pointe Community Development District Ordinance, Section Five is hereby amended to read as follows: SECTION FIVE: STATUTORY PROVISIONS GOVERNING DISTRICT The Dave .,_,_.._ Heritage Careens Community Development District shall be governed by the provisions of Chapter 190, Florida Statutes. Additionally, the Board of County Commissioner of Collier County, Florida, hereby consents to the Board of Supervisors of the Deve --PAM, Heritage Greens Community Development District exercising the following special powers in accordahce with Section 190.012(2), Florida Statutes, to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain additional systems and facilities for: (a) Parks and facilities for indoor and outdoor recreational, cultural and educational uses. (b) Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion detection systems, and patrol cars, when authorized by proper governmental agencies; except that the District may not exercise any police power, but may contract with the appropriate local general purpose government agencies for an increased level of such services within the District boundaries. 2 of 3 Words underlined are addedl words Newer- %hrou.3h are deleted. 16G ., a Consent to exercise the above powers by the Board of County Commissioners in no way implies that Collier County has any obligation or responsibility to ensure that these special powers are exercised by the District nor any liability in regards to the District's exercise of these special powers. SECTION FOUR. CONFLICT AND SMRABILITY In the event this Ordinance conflicts with kny 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 FIVE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County. Florida. The sections of the Ordinance may be renumbered or relettered. to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word: SECTION SIX. EFFECTIVE DATE. i This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of Count Of Collier Count Y Commissioners Y, Florida, this .f day of ��.:.•TM.�t/ 1996. ATTESTS E DWIGH! < +''•, • T:':; BRO iC,',' 18rk BOARD OF COUNTY COMMISSIONERS OF z��OU RIDA By: n C. Norris, Chairman Assistant County Attorney 2.20095" 3 Of 3 Words Unde_lin2A are addedi words }� are iieleted. 16 G �+e Exhibit: A Metes and Bounds Legal Description %r• A parcel of land lying in Section 28, Township 48 South, Ran gge 26 East. Collier County, Florida, said parcel of land being:more porticuiarly described as -follows: Commencing ~ct (he northeast comer of sold Section 28; thence South _ . 03'05'19" East along the easterly line of the northeast quarter (NE1 14) of said Section 28 for a distance of 100.08 feet to an intersection with the southerly right —of —way line of.Immokoles Rood (C.R. 846); thence South 89'10'00" West along said southerly right —of —way line for a distance of 1980.13 feat to the POINT DF BEGINNING of the herein'• described parcel of land; z thence South 03'04'06" East.for a distance of 1576.35 feet; thence North 89'09'31" East for a. distance of 1980.67 feet to an intersection with the said easterly line of the northeast quarter (NEi 14) of Section 28; thence South 03'05'19" East along said easterly line for 9 distance of 998.38 feet to the southeast corner of the northeast queeter (NE1 14); thence South 03'05'44" East along the easterly line of the southeast- . quarter (SE1 14) *of sold Section 28 for a distance of 2674.92 feet to the southeast comer of said Section 28; thence. South 89'11'00" West along the southerly line of the said southeast quarter (SE114) of Section 28 for a distance bf 2642.14 feet to the southwest corner of the said southeast quarter (SE1 /4) of Section 28; thence North 03'04'55" West along the westerly (the of the the east half (E112) of sold Section 28 for a distance of 3342.98 feet to the southeast corner of the east half (EI 12)'of the northeast quarter i (NE1 /4) of the ' southeast quarter (SEII4) of the -northwest quarter (NW /4); thence South 891017 West along the southerly line of hold fraction for a distance of 330.19 feet to on Intersection with@ the westerly line of sold fraction; thence North 03'04'51" West along sold westerly line for a' distance of 668.55 feet to an intersection with the northerly line of sold fraction; thence North 1j910111*. East olopg'sald northerly line for a distance, of 330.18 feet to an' Intersection with the sold westerly line the east half N(El /2) of Section .28; ' thence North 03'0455" West along said westerly line foe a distance of 1237.04 feet to on Intersection with the said southerly'llne of immokalee Road (C.R 846); • , ' thence North 89'1000" East along said southerly line for a distance 'of 661.06 feet to the POINT OF BEGINNING; Containing 251.521 acres of land, more or less. Subject 16 easements and restrictions of record. bMgUTES OF hUZMG .;; ' 16 G DOVE POINTS COAVdUN=DEVELOPMnVTDLS'IMCT'd of C"-Ity Comissi_ The reconvened meeting of the Dove Pointe Community Development District of November 3, 1994 was held Wednesday, November 9, 1994 at 11:00 A.M., at the offices of Agnoli, Barber & Brundage, 7400 Tamiami Trail North, Suite 200, Naples, Florida. Present and constituting a quorum were: John C. Veit James E. Curry Arthur Largent Barry Harper Jerry McLaughlin Also Present Were: James P. Ward Jack McKenna Joe Grimes Chairman Supervisor Supervisor Supervisor Supervisor Assistant Manager Engineer U.S. Home /�-, 6, Mr. Ward called the meeting to order at 11:00 A.M. and stated that all members of the Board are present. SECOND ORDER OF BUSIlNESg Update on Status of District Fina=Ang Mr. Ward stated the purpose of today's meeting is to discuss the proposed Bond Purchase Agreement between yourselves and your underwriter. We are not ready to do that deal at this time. We would ask the Board to continue the meeting until some time neat week. Probably Wednesday or Thursday the 16th or 17th. Based upon the discussion we have had with the underwriter, I am not positive we will be ready on the 16th or 17th but in the event that we are, we should be in a position have a Board meeting scheduled in which you will be able to consider that Bond Purchase Agreement. Mr. McLaughlin stated I am under the impression we have to continue the meeting because we cannot afford not to because we are waiting for the Bond Purchase Agreement. I have spoken to the underwriter, Lonnie Odem and he is very optimistic and he advised me that hopefully today we might have some type of verbal commitment. The POS has only been in the market 13 business days since November 9, 1994 16G we received it. They are now talking with an investor and they are asking for a lot of detail and they feel that they gave them a lot of detail yesterday. The attorney is speaking with the company also. They should have something verbally this week, which will bring them to a Bond Purchase Agreement hopefully next week. We know if we get a Bond Purchase Agreement on Monday it will not close on Tuesday or Wednesday. How long does that take? Mr. Ward responded it takes seven to ten business days to close the deal from the time you have the Bond Purchase Agreement. Mr. McLaughlin stated if we had the Bond Purchase Agreement by Friday, the earliest it would close would be at the end of the month. I think we should meet on the 16th about 11:00 A.M. Mr. Ward stated I have two other Board meetings that day, if we could meet at 9:00 A.M., that would be helpful. Mr. Curry stated from the POS he gives an estimated assessment amount of total capital for the different products, which is substantially different than the last number we received from Fishkind and I need to get an explanation of what happened. It is about a 15% increase over Dr. Fishkind's number. It is the last one I had for Fishkind. Mr. Ward stated we will get Dr. Fishkind to provide you with an explanation. Mr. Largent asked where do we stand with Alex Brown & Sons on this? Mr. Ward responded Alex Brown & Sons did submit and tender to you a resignation letter, which is a part of your record. The Board then chose to retain the firm of Miller & Schroeder for providing underwriting services to you. It is your staffs opinion that that relationship based upon those actions has been terminated. Mr. Largent asked was our resignation from Alex Brown or from Mr. Reagan? Mr. Ward responded Alex Brown & Sons. Mr. Largent asked what about Mr. Glass? Mr. Ward responded to my knowledge, this Board has never had any relationship with Arnold Glass. I will ask Mr. Anderson to give you an opinion to that affect. Mr. Marks stated he said we were using the plans. I gave Mr. Anderson copies of the contract the developer had with Arnold Glass. He took over our contract and then he did not complete it so we bought the balance of it back. 2 November 9, 1994 Mr. Largent asked was that between you, the developer and Mr. Glass? �6G Mr. Marks responded the District has no liability. That was Mr. Anderson's concern so he reviewed the documents. Mr. Veit stated Mr. Van Assenderp has written a letter to us with concerns of the new legislature coming in and possible changes to the Florida Statutes and he expressed an interest to protect our interest. Can we put that on the agenda for the next meeting? Mr. Ward responded yes. With Chapter 190 Districts, many of the larger developers around the state tend to retain their own attorneys to work with the legislature relative to changes within Chapter 190. There is also an Association called the Association of Special District who works with the legislature relative to any changes, not only to Chapter 190 but all the other kinds of District legislation that is out there. In Dove Pointe's particular case due to the financial capacity of the District, in the event you chose that you wanted to do that, we would have to rely on funding from the developer, Mr. Veit stated Mr. Van Assenderp in a general basis will be protecting our interest, specifically it was his concern whether he can vocally say I am also representing Dove Pointe. Mr. McLaughlin asked you are talking about any future liabilities of litigation that might come up? Mr. Veit responded we are talking about changing the laws, which could or could not affect Dove Pointe. Mr. McLaughlin asked how would it affect a deal that was closed? Mr. Veit responded any new laws will affect any District. Mr. Ward stated the legislation that you operate under is a general law of the State that all Districts must operate under and to the extent that the law is changed, then those changes affect all Districts. That has been true since the 1984 changes came into affect. There was a change that grandfathered older Districts that we have that are not subject to the provision or the changes that occurred in the 1984 Statute but after that time the 1987 and 1989 changes affect all Districts. The process of changing Chapter 190 is very dynamic in terms of the legislature itself because it affects such state wide interest, not only from the developer's perspective but also from other governmental agencies perspectives for providing community infrastructure and meeting concurrency needs, etc. Generally we will counsel some of our smaller Districts such as Dove Pointe that the process is strong enough that through developer's interest and even your manager's input 3 November 9, 1994 16G into the change process, we try to protect the interests of the Community Development Districts including this District and there is not a need to spend additional legal dollars to do that, however, that is your call. Mr. Veit stated you office stays up to date on what is happening. Is there anything that is in the air, which could go to the legislation? Mr. Ward responded as Mr. Van Assenderp pointed out in the last letter to you, there are always proposals on the table at every legislative session to make some change to Chapter 190. They don't get passed that often and because of the interests that are generated around the state, it takes time, usually a few legislative sessions before they ever get passed. I don't see anything on the plate of any major consequence coming up in this legislative session that will adversely affect CDD's. Most of the changes that I have seen occur through the years have been positive changes. There is more protection in them for the public and more protection for the Board. They do a better job of advising the public as to what the CDD is and how it operates and what it charges, etc. The State Legislature, if you look in the preamble to this legislation has opined as to the viability and importance of the use of CDD's throughout the State. I think with that kind of preamble the changes that we will see are always positive changes and not changes that will adversely affect your ability to finance facilities or to operate this District. Mr. Veit stated then I withdraw putting that on the agenda and later on as we progress and get more stability, it may interest us to look at that or get involved with the Special District coalition that they have. Mr. Ward stated both Mr. Moyer and I keep abreast of the legislative process, especially as it relates to these 190 Districts and to the extent that legislation is proposed, we can provide that to the Board and schedule those changes for discussion and make our feelings aware to the Department of Community Affairs and Special District Program as those changes come about. �••�� •�.• ��..�. ,7 —.. vw..Y iDGMV4LLGli AJy AT". 1 U"ALilg'nlln with all in favor the meeting was recessed until Wednesday, November 16, 1994 at 9:00 A.M. to be held at the offices of Agnoli Barber Brundage, 7400 Tamiami Trail North, Suite 200, Na les, Florida. n November 9, 1994 Z��-�Ptj I Gary L' c. r Secretary 16G i CL JO#n Veit Chairman November 9,1994 Wednesday 10:00 A.M. Reconvened from 11/4194 1. Roll Call 16G Agnoli, Barber & Brundage 7400 Tamiami Tra1 North Suite 200 Naples, Florida 2. Update on Progress of Miller & Schroeder 3. Staff Reports A. Attorney B. Engineer C. Manager 5. Supervisor's Requests and Audience Comments 6. Approval of Invoices A 16G , The reconvened meeting of the Dove Pointe Community Development District of November 21, 1994 was held Wednesday, November 23, 1994 at 11:00 A.M., at the offices of Agnoli, Barber & Brundage, 7400 Tamiami Trail North, Suite 200, Naples, Florida. Present and constituting a quorum were: John C. Veit Barry Harper Arthur Largent Jerry McLaughlin Also Present Were: James P. Ward D. Brundage Jim Marks Joe Grimes Bruce Lawson Jack McKenna 1 ••: . • DI • . : Chairman Supervisor Supervisor Supervisor wisc. Comes: 03t ` I� e: tter,A I(, . 6 . Copie: Zo Assistant Manager (by telephone) Agnoli, Barber Brundage U.S. Home U.S. Home U.S. Home Agnoli, Barber Brundage Roll Call Mr. Ward called the meeting to order at 11:00 A.M. and stated that all members of the Board are present with the exception of Mr. Curry. SECOND ORDER OF BUSDUiSS Update on Status of District F uancdng Mr. Ward stated today we were going to give you an update on the progress of Miller & Schroeder and as I indicated earlier in the week, I did not think it would be possible to have a deal done by today and that is true. We will need to continue this meeting until next week sometime. Mr. McLaughlin has had an opportunity to speak with Lonnie Odum, the underwriter and he will give you a brief update as to that conversation. Mr. McLaughlin stated I spoke to Lonnie Odum this morning who is handling the sale of these bonds. He indicated that they have over subscribed the special assessment bonds. They cannot say the same for the golf course side. The only thing positive he did say is that they are meeting with Allstate next week on Wednesday and they feel since they did over subscribe that they have good chance of getting Allstate to come in and take a good look at the golf course, even though IL November 23, 1994 16G they have looked at it in the past. The participants in the meeting are going to be the President of Miller Schroeder and their lead trader. They are going to Allstate to sit down with them and they felt positive about that. I asked them why we could not get a Bond Purchase Agreement based on the fact that we have now over subscribed the assessment side and he indicated that Mr. Iverson, who is the Chairman of Miller & Schroeder is now in a position to take down the $7 million on the golf course because those investments are warehoused and they have not cleared the warehousing with Milwaukee banks as far as acceptability in the Florida Statutes for real estate owned by a Milwaukee corporation. He is saying they have never taken any property in Florida. That is being looked at but he was not that optimistic. He is more optimistic in talking to Allstate. They had lengthy conversation yesterday with Mr. Van Assenderp and with Dr. Fishkind, working on an alternative to the golf course, which Dr. Fishkind had some alternative financing that he was offering as to how to expedite the sale of the golf course bonds. He assured us that the process will be finished no later than year's end but he did not give me an exact date as to when it would be because from the time they get the Bond Purchase Agreement there is at least ten to fourteen days before it is funded. Mr. Ward stated we can adjourn today's meeting and I will advertise another Board meeting. I suggest sometime the first week of December, the 8th, 9th or even the following week. Mr. McLaughlin asked are we required to readvertise or can recess? Mr. Ward responded no, we can continue the meeting if you want to. Mr. Marks stated Allstate has looked at this already. These guys are going to put the personal touch on it to finalize and call the marker. Mr. McLaughlin stated he is not guaranteeing 100%. He is hoping to call the marker. They feel very positive. I don't want you to think that he said it is a done deal because he did not say that. Mr. Largent stated they are trying to have you set the meeting sooner than that. Mr. McLaughlin stated it is better that we have a meeting scheduled and we are prepared. Mr. Ward stated if they are not meeting with Allstate until Wednesday, there is no way they are going to get a Bond Purchase Agreement to the District on Wednesday afternoon. 2 November 23, 1994 16 G Mr. McLaughlin stated they might have a feel for what direction they are going at that point. Mr. Ward asked do you want to continue the meeting for Thursday? Mr. McLaughlin asked will we do it by phone again? Mr. Ward responded I will be in town on Thursday so I will be there. I have an 11:00 A.M. meeting. Can we meet at 1:00 P.M.? Mr. McLaughlin responded yes, December 1, Thursday, at 1:00 P.M. On MOTION by Mr. Largent seconded y Mr. Harper with all in favor the Board agreed t continue the meeting until Thursday, December 1, 1994 at 1:00 P.M. to be held at the offices of Agnoli Barber Brundage, 7400 Tamiami Trail North, Suite 200, Naples, Florida. Mr. Largent asked can you explain to me the non profit corporation for the lease? Mr. Ward responded it was a key point in the restructuring of the this deal but what the underwriter was asking for was to be able to provide some sort of security to the bondholder that in the event of a default, and a default means that there is not sufficient revenues in order to pay the debt service on those bonds, that the investor has a mechanism to operate that golf course in a fashion that would pay that bondholder back for his principal and interest due under that bond indenture. The way that has been structured is that the District has set up a not for profit corporation in which the Board of Supervisors is the Board of Directors of the not for profit corporation. The soIe purpose of the not for profit corporation is to enter into a lease agreement with the District to hold title to the underlying fee title to the golf course land. The not for profit corporation would then lease back to the District the golf course for operation and maintenance and there would be a separate agreement with the Trustee of the bonds and the non profit corporation, that in the event of a default on the bond issue, the Trustee is authorized to sell the leasehold interest of the non profit corporation, being the golf course. The sale of that lease will generate sufficient revenues to pay the principal and interest due under that bond indenture for who ever decides to purchase that lease. At the time the lease holder is then paid off for his investment under the lease, the land and the golf course operation reverts back to the control and ownership of the District. That is the concept of the lease and the lease back provisions. It provides 3 November 23, 1994 1 & a security interest and a method for the bondholder to take possession, control and operation of the golf course so he can get back his investment. Mr. Largent asked if that happens then would the bondholder have a lease with the District? Mr. Ward responded no. In the event of a default, the District has a lease with the not for profit corporation. The not for profit corporation has assigned its interests in the lease to the Trustee of the bonds and in the event of a default the bondholder then sells the leasehold interest. They take the lease at that point. It goes through the Trustee. Mr. Largent asked in the case of default and the bondholder took over the property from the lease, they would have a lease with the District. Is that correct? Mr. Ward responded that is a legal technical point and I would say yes but I don't know what the attorneys would say. The lease is with the Trustee and the interest in the lease revert to the Trustee. I am not sure whether that is a lease with the District or a lease with the Trustee. Mr. McLaughlin stated I think it is a lease of the Trustee and the Trustee handles it like a bankruptcy court and does disbursements until we come out of that position. Mr. Ward stated that is what I was assuming it was but that is a legal point. That is the concept behind the lease. If you read through the Official Statement it tells you the values of the lease and that is what the underwriter is relying on in order to sell and provide security for this bond issue. It is innovative and an interesting financial concept. It looks like a structured reorganization when you finish with it. Mr. Largent stated I don't understand it yet. To me the non profit corporation has a lease that they are using as collateral to the bondholder and if that lease goes into default, then the bondholder has the assignment of the lease. Mr. Ward stated he does not have an assignment of the lease. What he has is the right to sell the lease. Mr. Largent asked how do you get the right to sell something? Mr. McLaughlin responded you cannot have an open assignment on a lease because then you would not have a binding lease. Mr. Ward stated it is not an assignment. The District has the assignment of the lease. There has to be a third party involved. What we had given is the Trustee the right to sell the lease on behalf of the bondholder. 4 0. November 23, 1994 I6G Mr. Largent stated the bondholder cannot take the lease and sell it. Is that correct? Mr. Ward responded the Trustee is the one who takes the lease and sells it. The intent is the bondholder stays whole because the bondholder does not want the lease. He wants his money and not the golf course. It is a mechanism for the Trustee to actually sell the lease and pay the bondholder off. Whoever purchases the lease, it has value and that purchaser can come in and operate that golf course until he gets repaid his money and then the course reverts back to the District for ownership and maintenance. It is not like the bondholder is going to come in and operate the course. That is not what we set up to do. What we set up is for the Trustee to sell the lease to a third party so that firm can operate the course and repay the bondholder. Mr. Veit stated it provides security for the bondholder and being a District we are not allowed to involve ourselves in buying and selling property so it does provide everyone involved the opportunity of insuring that the bond are repaid and that no questionable legal action can fall back. On MOTION by Mr. Largent seconds by Mr. McLaughlin with all in favor the meeting was recessed at 11:20 A.M. until Thursday, December 1, 1994 at 1:00 P.M. to be held at the offices of Agnoli, Barber & Brundage, 7400 Tamiami Trail North, Suite 200, Naples, PL I ez. Gary L. Moyer Liecretary 5 16G -f i AGENDA COMMUNITY DEVELOPMENT DL9TRICT November 23, 1994 Agnoli, Barber & Brundage Wednesday 7400 Tamiami Trail North 10:00 A.M. Suite 200 Reconvened hum 11%21'94 Naples, Florida 1. Roll Call 2. Update on Progress of Miller & Schroeder 3. Staff Reports A. Attorney B. Engineer C. Manager 5. Supervisor's Requests and Audience Comments 6. Approval of Invoices 7. Adjournment b C UTE3 OF BEEEUNG r DOVE PORM CON ffUN1CI'Y DEVELOPMENT DISTF�ICT r--.rd of County Camiss The regular meeting of the Board of Supervisors of the Dove Pointe Community Development District was held Thursday, August 24, 1994 at 11:00 A.M., at the offices of Agnoli, Barber & Brundage, 7400 Tamiami Trail North, Suite 200, Naples, Florida. Present and constituting a quorum were: John C. Veit Arthur A. Largent Barry Harper Jerry McLaughlin James E. Curry Also present were: Jim Ward Bruce Anderson Sarah Ingle Jack McKenna Jim Marks Thomas Null Lonnie Odem Laura Mollet Joe Grimes x91110, t ; 191; S }.yle19!:r., Chairman Assistant Secretary Assistant Secretary Supervisor Supervisor -6 Assistant Manager Attorney Fishkind & Associates Agnoli Barber & Brundage Dove Pointe Development Miller & Schroeder Miller & Schroeder Holmes & Graven U.S. Home Roll Call Mr. Ward called the meeting to order at 11:00 A.M. and stated the record will reflect that all members of the Board are present. SECOND ORDER OF BL SINESS Approval of the Minutes of the June 22, July 7 and July 2$, 1994 Meeting Mr. Ward stated each Board member had received a copy of the minutes of the June 22, July 7 and July 28, 1994 meetings and requested any additions, corrections or deletions. Mr. Veit stated on page 1 of the minutes of June 22, paragraph 2, line 1, "Mr. Curry stated..." should be "Mr. Veit stated..." On MOTION by Mr. Largent seconded y Mr. Harper with all in favor the minutes of the June 22, July 7, and July 28, 1994 meetings were approved as amended. August 24, 1994 16G = THIRD ORDER OF BUSENES.S Public Hearing on the Adoption of the Budget for Fiscal Year 1994/95 and Consideration of Funding Agreement to Cover Same Mr. Ward stated this item is the public hearing to consider the adoption of your budget for fiscal year 1994/95 and consideration of the Funding Agreement to cover the same but I request that we take this opportunity to add an item to your agenda relative to the discussion of your special assessment and golf course financing and bring you up to date on where that process is. At your last Board meeting we had indicated to you that we were close to being able to finalize both the golf course and the special assessment deal. The only remaining business point was in the golf course deal in which the investor was requesting that the developer put up a letter of credit to secure those bonds for some period of time. That was in the process of being negotiated between Dove Pointe Development Corporation and U.S. Homes and at that time, that negotiation was going along well. Since that time, both U.S. Homes and Dove Pointe Development Corporation have indicated to the District that they are unable to put up a letter of credit to do the financing for the golf course portion of this bond. Both of those developers are represented here today and I will ask them to verify that for the Board. As a result, there have been additional discussions that have occurred relative to how to get this deal done. At the point in time that the developer has indicated that they would no longer be in a position to put up a letter of credit to do this deal for the golf course portion of it, your current underwriter, Alex Brown & Sons tendered his resignation letter to me dated August 15, 1994, indicating that they are withdrawing from this deal. Initially when this deal was first brought to the Board for the purposes of doing the validation, Alex Brown had indicated to you that one of the primary considerations in insuring that the golf course portion of the deal got done was to put up the referenced letter of credit. The Board chose to delete that out of the bond documents and as a result of that, that portion of the deal was not validated but there was an indication that in the event that that was needed, we would be in a position to put that back in the deal at a later date. Mr. Reagan realized that it was necessary in order to get the financing done in the fashion that that particular underwriter thought it would be appropriate for this District to proceed, required the letter of credit and with the developer not able to put up that letter of credit, required him to resign as your investment banker. I will make this letter a part of your record. One of the first August 24, 1994 16u actions that the Board needs to consider is whether to accept the resignation of Alex Brown & Sons as the underwriters for this District. Before you do that, it would be appropriate to go through the rest of what has occurred in the last few weeks relative to this financing and I will ask Mr. Marks or Mr. McLaughlin to go through what has transpired since that time. The additional people in the audience represent another underwriting firm called Miller & Schroeder who have been discussing with your staff and with representatives of the developer how to get the golf course portion of this deal done, without utilizing a letter of credit but utilizing other mechanisms which I will let them discuss with you. Mr. McLaughlin stated being a supervisor, I was fully aware of the problems that we were having with the funding on this issue due to the fact that we were not able to obtain a letter of credit from either the developer or U.S. Homes. Being that I am in the banking industry and had contacts in the banking industry, I have contacted a bonding company out of Chicago called Berean Capital. Berean Capital in turn brought to my attention Miller & Schroeder. For the record I will introduce their representatives, Lonnie Odem, Vice President; Tom Null an attorney with Miller & Schroeder and Laura Mullet with Homes & Graven, who is outside counsel for Miller & Schroeder. I was contacted by Mr. Odem who in turn has a vast amount of experience in this type of financing. We discussed financing vehicles other than a credit enhancement. I asked Mr. Odem and his staff to attend our meeting on the premise that the Board would consider hiring them as investment banker for the Dove Pointe Community Development District with their presentation today. I realize that I am a supervisor of this District and Miller & Schroeder is a direct contact of mine and therefore there is a conflict between myself and Miller & Schroeder and I will abstain from voting on any motions which involve this issue. Mr. Marks stated Mr. Reagan did the best job that he could have done for us. Unfortunately, what he had to offer was not feasible from the developer's stand point and U.S. Homes had some major concerns and they could not get over those obstacles, hence, we were unable to go forward with Mr. Reagan's method of financing. In our efforts, Mr. Reagan steered us to several potential purchasers as well as other methods to find funding because he was having difficulty so it led us to believe that we had run up against a dead end and we need to get this project done. Miller & Schroeder, after you here their proposal, you will find they are one of the largest golf course financing companies in the United States and from our conversations with them, we feel confident and they feel 3 August 24, 1994 'f L G confident that they can get this project done with the documents being revisited and refined. Mr. Ward stated I would like on record that U.S. Homes was unable or unwilling to put up the letter of credit on the golf course portion of this deal. Mr. Curry stated I would put it as we were unable to reach an agreement with them. Mr. Ward stated it is important that the Board understand how and why Alex Brown decided to tender their resignation to the Board relative to the issue of the letter of credit and Miller & Schroeder's involvement in this deal. Miller & Schroeder is represented here today and I will ask the Board to listen to their proposal, most specifically to who they are and what they do and what their expertise is for doing golf course deals and what they will bring to the table in terms of trying to assist the District in getting this golf course deal financed. Mr. Odem stated my name is Lonnie Odem. I am Vice President of Miller & Schroeder. I run their San Francisco office. To give you some background of the firm, we are an investment banking firm who specializes in public finance. We are headquartered in Minneapolis. We have offices also in St. Paul, Seattle Washington, San Francisco, Pasadena and the Los Angeles area. Our west coast headquarters is based in Swan Beach just north of San Diego. Last year we opened an office in Maitland, Florida. We have offices in Cleveland, Ohio and Columbus, Ohio. Of those investment banking firms that are not headquartered out of Wall Street, we are the second or third largest in the United States after A.G. Edwards. In 1993, Miller & Schroeder closed $1.3 billion of public finance deals. One of the things that we think we bring is an understanding of golf course financing. It is a talent that we have because of our corporate culture. It is essentially a revenue bond and as we started to analyze this, we realized that the two deals go hand in hand, the assessment District and the golf course. To speak to the assessment District, in California, we do more assessment Districts than anyone in the Country. In California 60% to 75% of our business is assessment Districts so we understand that part. On the golf course part, once we got into it, we think that we have a really good handle on why the issue has not yet closed. We have canvassed some of the institutional buyers who bond counsel has mandated that the bonds be sold in increments of $100,000 or larger. There was some discomfort on the idea of the collateral being a pledge of revenues from the golf course because it is an amorphous kind of collateral. You cannot really put your arms around it. What we are suggesting that will help get the deal done is to 4 August 24, 1994 ,1 6 G restructure the sale where we are not talking about sale and conveyance of the property because Florida law prohibits us from using a mortgage as collateral. What we are suggesting is to restructure the transaction and get the golf course closed is a lease where the land is leased to the District for a period that runs about a year longer than the bonds. The improvements are put in and then the collateral for the lease holders is pledged to the Trustee. In an event of default the lease is sold off, however, under no circumstances will the course revert to a private course. It will be public, just as the Board intended all along. With this structure, we are confident that we can sell these bonds. We can do it in a fairly short order. We are looking at closing in late September. There are a few things that need to be done and we can come up with a draft to the lease to fill in the blanks and get the deal points out of the way. Laura Mollet from Homes & Graven has represented Miller & Schroeder on millions of dollars of issues and she has experience in doing deals in Florida, as do I and we feel confident in our ability do to the assessment District and in the ability to do the golf course under the new restructured system, which we think will not change things significantly but enough to get the deal done. We think the change from the sale to the lease is minor enough to not trigger a revalidation process, which gets us where we need to go in the next six weeks or so. Mr. Curry asked could you go over the structure of the lease again? Mr. Odem responded the way it was structured before was the District was going to purchase the land from the present owner for instance, for $500,000. However, the District having bought the land is prohibited by Florida law from pledging the land to the bondholders so what we are suggesting now is instead of the District buying the property out right, at least for the term of the bonds, that you enter into a lease agreement with the seller and then the District by law is able to pledge the lease to the bondholders. Depending on how the lease is structured, you have the ability at the end of the lease to buy it at fair market value, to extend the lease for another term or to walk away from the lease. Mr. Curry asked do we have that in the initial lease that it can be extended for a certain period of time after that expiration? Mr. Odem responded that is between you and the sellers but I see no reason why not. Mr. Curry stated I am looking at it from the stand point of my home buyers to be able to tell them that they are going to be able to be assured of that golf course being there for a fair amount of time. ',l August 24, 1994 1 L r Mr. Odem stated you structure the lease so the home buyers have access to the course; that the facility never goes private. Mr. McLaughlin stated the lease is intended to be written in perpetuity so that is does not become a mortgage or a conveyance of such because then it is illegal by Florida Statutes. It will have renewals with a nominal fee for annual rental and it will be bought down at the initial inception with a substantial amount down and then a couple of thousand dollars a year lease for 20 or 25 years and then renewal again. We will have to get those points to staff and get approvals and they are currently working on those things. Monetarily this does not differ economically from the way the deal was structured previously so there will be no substantial impact other than maybe $2,000 per year rental. Mr. Veit asked does your firm presently have the lease agreement? Mr. Anderson responded yes. Mr. Veit asked for the protection of the District, what would be sufficient time for you to review the proposal and get to the Board? Is one week enough time? Mr. Anderson responded yes. Mr. Veit stated then I recommend a motion to continue this meeting until next week so that counsel can provide the District advice at that time. Mr. Curry asked is it necessary to research the acceptance of the resignation of Alex Brown and the appointment of Miller & Schroeder today? Mr. Anderson responded that is a policy matter if the Board wants to accept Mr. Reagan's resignation and whether the Board wants to officially appoint a new underwriter. Mr. Veit stated my concern with Alex Brown & Sons is that in the future there may be possible litigation. Can we table his resignation and we as a District hold two underwriters? Mr. Ward responded you are not limited to one. It is not in your financial interest to have more than one underwriter in this deal. I think one is sufficient in order to do the deal. Mr. Reagan has resigned so the issue becomes whether or not you want to retain Miller & Schroeder as your underwriter and then make that process go forward. Mr. Veit stated if we decide within a week, will that slow the process down? Mr. Odem responded we are prepared as we put the documents together and start to make the deals go, we are already prepared to start soliciting interest in the investment community. We have already drawn up sales memos to start to 0 August 24, 1994 16G M� show to institutional buyers to gage some interest. One of the things that is good about doing this is that the further head start we get, then if we have a buyer who has some serious interest and allows us to tailor the document to their needs, it may be a simple deal point like a call provision. It may be a simple deal point like maturity but apparently these two deals have been dragging and we are prepared to move forward on all fronts today. A delay of a week is another delay of a week. Alex Brown is gone. We are here and we are prepared to step in and do this deal. A measure of that is that Ms. Mollet came out from Minneapolis and Mr. Null and I came out from California and we are here ready to roll. Mr. Largent stated I have no problem accepting the resignation of Alex Brown. My concern is that this is subject to a lease rather than us owning the property. What happens if we don't agree with the developer on the lease? Mr. Ward responded you don't have a deal. Mr. Largent stated that is why I don't see why we should appoint someone else until we decide that. Mr. Odem stated my only argument is that we can get this done and our staff to review the lease to bring it to you next week so that we expect to have this completed draft with the approval of staff by next week so you can accept that point. Mr. Largent stated I am leery about leasing something rather than owning it. Too many things can happen during the term of that lease that bothers me. Mr. Odem stated by Florida law under the ownership scenario, it is the only solution that we think works. There is precedent for it under Florida law. One of the reasons to hire us is that we can help develop scenarios that meet your concerns. The draft of the lease that you own bond counsel is reviewing is a product of Ms. Mollet's workout. We are here to volunteer to be your partners to come up with a solution to what is obviously a problem that has existed for more than a year. We are here on a contingent basis so if we don t close this deal, nobody gets paid. Mr. Largent stated I don't have a problem with your firm, I am leery of leases. Mr. McKenna stated the economic impact of the lease will be no different. It is an advance up front as a deposit on the lease, which is similar to the land purchase and then it is about $2,000 per year in perpetuity. The impact of the District is $2,000 per year. Mr. Largent asked what are the conditions for renewal? August 24, 1994 16G Mr. McKenna responded that will be in the lease. Mr. Ward stated to me there is a couple of important issues. First is the Board needs to recognize and agree or disagree as to why Alex Brown resigned at the underwriter for this District. If you agree with that and understand that concept that is fine. If you don't then that is a reason why you would not want to accept Alex Brown's resignation letter. Secondly, you need to understand and be cognizant of how Miller & Schroeder became involved with this CDD and what they can bring to the table in terms of their reputation in trying to get this deal done. Those are two significant questions that you have to get addressed. Third are legal issues. Do we or don't we validate? What does the significance of a lease mean? What doesn't it mean? What are the business points that need to get worked out? Those issues relative to that lease to me are things that staff needs to work on to get to the point of bringing something back to you, whether that is a week from now or a month from now. There are some significant legal issues out there, the least of which is not whether or not this course remains a public course in the future. Clearly from a public policy perspective, that is what has been represented to this County that this Board would do and to me that is the most significant issue relative to the financing of the course. How we insure in the long term, that it remains a public golf course for the benefit of the residents of Collier County. If you can get past issues one and two, issue three will be addressed by staff for your consideration. I understand the problems and I understand the context of how Miller & Schroeder got involved. If District counsel is comfortable with that, that is fine. I am not recommending to the Board to go forward at this time from the manager's perspective and Mr. Anderson needs to advise you on whether he is comfortable with the legal interpretations thus far relative to those issues. Maybe that will help the Board make the decision on whether to defer or not. Mr. Anderson stated I don't know that you are in a position to do anything about Alex Brown. They have tendered their resignation. If you are comfortable with the circumstances surrounding his resignation and these new underwriters entering the picture, you can approve them. If new information comes to you in the next week or a month then you can relieve them of their responsibilities as well. Mr. Hamer asked do you need two motions, one to dismiss Alex Brown? 0 August 24, 1994 1 6 G i Mr. Veit stated the underwriters contract that you negotiate is similar to the ones we have with Alex Brown is that correct? Mr. Ward responded we have not seen the terms and conditions of any underwriting agreements with Miller & Schroeder. Part of the problem, as Mr. McLaughlin mentioned earlier, and I will go back before Miller & Schroeder; in this business in the state of Florida, there are a couple of underwriters that do this kind of work. These are what I call story bonds, that is where you find an underwriter who knows what they are doing. They sell this kind of a deal to investors based upon the development and the developer. This particular one is somewhat more complex in the fact that we have a true revenue bond for the golf course and they have to work in concert with one another. Alex Brown and Sons is an underwriter who traditionally deals in this land of business in the state of Florida and he has done a lot of business for Districts around the state and other municipal financings around the state. I think what we have represented to you before is Alex Brown & Sons and there are a few other who do this type of work. I am not personally familiar with Miller & Schroeder. Miller and Schroeder came to you through Mr. McLaughlin and his work as an investment banker. That is not unusual. That is how Alex Brown & Sons became involved and that is how we became involved, because of our reputation in the state for managing Districts and that is how Young, Van Assenderp became involved in this District because of their reputation in representing CDD's throughout the state so it is not an unusual way in which to retain a professional. Your deal with Alex Brown was that at some point they would bring a bond purchase agreement to you that outlined the terms and conditions of the deal and outlined the fee to be paid to them and you had the opportunity to say yes, we like the deal or no, we don't like the deal and the deal would not get done. To me that is where we are with Miller & Schroeder. They brought to the table their reputation and they told you who they are. They have given you their professional credentials. The deal with Miller & Schroeder at this time is bring back a bond purchase agreement and money and we will look at it. The lease idea is on the table and your staff has looked at that in the last few days and we have no opinions on it at this time as to its validity and as to the validation issues and as to any of the business points because it has not been negotiated at this time. Mr. Anderson stated you may want to consider authorizing them, at least on a temporary basis, to try to market this subject to your approval of a written contract. 9 August 24, 1994 16G Mr. Largent asked where is the written contract we have with Alex Brown? Mr. Ward responded we did not have any written agreements with Alex Brown. You retained them as your underwriter but I am not aware that we have a signed contract with them. I recall that the Board retained Alex Brown as the underwriter to proceed to do the deal and it was a good faith effort that Alex Brown proceed to get the deal done and bring it back to you at a certain point and he has done that. He brought you back a deal that said we need a letter of credit on the golf course and we could not get that letter of credit so he resigned. I am not aware that they have any written contracts with this District. Mr. McLaughlin stated then Miller & Schroeder will be working on the same contingency basis as Alex Brown. At this point we need to get the underwriting done so that U.S. Homes can go forward and the project can go forward. We have suffered a tremendous amount of delays to date and I don't think we are obligating ourselves to a financial outlay or any risk in allowing a third party to try to put us in position and give us a date in which they will have that for us. I don't think it is unreasonable to ask for this to be done in a certain amount of time. Mr. Veit stated I recommend that on point of procedure we have two motions. The first motion being to accept the resignation of Alex Brown. On MOTION by Mr. Harner seconded by Mr. Largent with four in favor and Mr. McLaughlin abstaining the Board accepted the resignation of Alex Brown & Sons as underwriter. vn mu i iuN oy Mr. t,argent seconded by Mr. Harper with four in favor and Mr. McLaughlin abstaining the Board retained Miller & Schroeder as underwriter for the District and authorized staff to enter into negotiations and bring back to the Board an agreement at a future date. Mr. Ward stated it will be appropriate to continue the balance of this meeting for a week and your staff will work diligently over that week to understand where we are with the Miller & Schroeder deal and make sure that we are totally comfortable with this and then give you a status report next week on that issue and then we can do the public hearing on your budget. 10 August 24, 1994 A. Attorney There not being any, the next item followed. B. Engineer There not being any, the next item followed. C. Manager There not being any, the next item followed. 16G mi F U71H ORDER, OF BUSINESS Supervisors Bequests and Audience Comments Mr. Veit stated I received correspondence from District counsel in reference to proposed changes in the Florida legislature next year in reference to Chapter 190. I would like to distribute this to all of the Supervisors and those involved with the District. He is requesting to represent our interest in the development. I am asking the Board to review it and the manager can put that on the agenda at a future date. There seems to be some individuals or corporations who want to amend the Chapters which guidelines us and if that does happen it does affect us unless we are grandfathered in, which we will not be. We want to protect what interest that we have. Please review it. Mr. Ward stated on behalf of your bond counsel, in the fee structure that staff had negotiated with them for doing these two deals, it was $47,500 per deal payable upon the conclusion of the deals when they were funded. Greenberg has hit that fee. I had a brief conversation with Mr. Harris about it and I want the Board to be aware that he has advised us that his fee will go above that by $15,000 to $20,000 per bond issue. We will need to negotiate with the developer for the payment of those fees in the event that the deal does not go through and if the deal does go through then they will be paid from bond proceeds. Mr. Harris asked for the Board to authorize the additional fee structure. I am comfortable with that only to the context that if we did it will have to be subject to an agreement with the developer for payment of those fees. We don't have any financing sources if the deal does not go through. Mr. Anderson stated we find ourselves in the same posture as a result of this dragging on and entailed much more work than was originally contemplated. Mr. Ward stated we need to decide on a time and date for our next meeting. SI M ORDER OF BUSU4ES►S Approval of Invoices There not being any, the next item followed. 11 August 24, 1994 Mr. McLaughlin stated since we have a large audience today, I want to make sure that before we adjourn we address any further concerns on the bond issue. Ms. Mollet stated there are some documents that we need that staff is in the process of getting to us. The second thing is negotiating the lease and the terms of that lease. We will be working over the next week to come to the terms of what that is. There are some legal issues that District counsel and bond counsel need to review and get determination from them telling us whether or not they will be incorporating some proposed terms. Right not the draft that you have has some of the terms blank and we will circulate another one that you will get on Friday that has some of those terms in it so you can look at it. Mr. Anderson asked can you do that in the form of strike throughs and underlines? Ms. Mollet responded yes. We will need a determination from Mr. Anderson as to whether or not that lease is in a form that they can approve. The next big issue that we need is whether or not adding this lease structure to the transactions requires us to revalidate the bond issue. My understanding is that if it has to be revalidated, that is a 60 to 70 day process at a minimum so that will substantially delay the bond issue. Those are the only legal issue for now. Mr. Anderson stated I will report back to Mr. Van Assenderp this information and maybe he can attend the meeting next week. On MOTION by Mr. Veit seconded by Mr. Curry with all in favor the meeting was recessed to reconvene on Wednesday August 31, 1994 at 11:00 A.M. at Agnoli, Barber & Brundage, 7400 Tamiami Trail North, Suite 200, Naples, Florida ry oye Secretary U ;I2 r JoV Veit ClYairman 16G 16G AGENDA COAUVftJNTrYDEVELOPbEENT DISTRICT August 24, 1994 Agnoli, Barber & Brundage Thursday 7400 Tamiami Trail North 11:00 A.M. Suite 200 Naples, Florida 1. Roll Call 2. Approval of the Minutes of the June 22, July 7 and July 28, 1994 Meetings 3. Public Hearing on the Adoption of the Budget for Fiscal Year 1994 -95 and Consideration of Funding Agreement to Cover Same 4. Staff Reports A. Attorney B. Engineer C. Manager 5. Supervisor's Requests and Audience Comments 6. Approval of Invoices 7. Adjournment NAPLES DAILY NEWS Published Daily Naples, FL 33940 Affidavit of Publication State of Florida County of Collier Before the undersigned authority, personally appeared Nina Iverson , who on oath says that they serve as the Ass' t 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 PUblic Hearinq in the matter of_ Adoption of Budget for Dove Pointe Comm. Dev. Dist, was published in said newspaper 1 times in the issues starting on-9Z-8 / 9 4 and ending on 8/15/94 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida. and that the said newspaper has heretofore been continuously published In said Collier minty, Florida, each day and has been entered as second class mall matter at the post office in Naples, in said Collier County. Florida, for a period of 1 ear next ce preding the first publication of the attached copy of advertiserr ent: and affiant further says that he has neither paid not promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. (Signature of Attiant) Sworn to Td subscribed before me tnis day o` Aug . 19 94 �'- fS+anarure of notary cuolh&j " 1 JOYCE E. BLAMER W.Y CO!dAaS81014 I CC3M1 EXPoRES AcM, 1C, 1£92 eor;om TI mi -tom FAat N4LR WCF. irti Personally known V/ oroduced identification Type of Identification Produce 16G NOTICE OF PUBLIC HEARING DOVE POINTE COMMUNITY DEVELOPMENT DISTRICT . The Board of SWenhors Of the Dove Pointe Commwity- DraWment District will hold a pubik•he&Ipq on.Wedrtesday August 24,4994 ot.-Il ' alA. at• Itte:bffkes � Agrtdl Barba`sand' Brundage,•7 00:Tamioml Trod '44^,. Sutte'200,-Nopks; FIW*.far ttx pur, pose =ot hear�g aommertts and oblecrions an the adoption ot: the. bgdoet(s) to the owo. tkn:ond molntettanca•bt:DMrld tocultles for Fiscal Year.199S..In oddttfon the Board will hear publk comment and obiecltons retotive to ttie levy: of a nom nod 4alorem assessment pursuord to nirlda;UW for ft* pu me of funding operations' <and : malnfenom and princw and Irttaesf expa►ses of the Ols- trkt. The District may also hold various to- dlltks -through.-the :cdkdion of certain rota; .fees and dffM. which are identifled wtthin1he budoef(s)..A COPY of the budgets may..be Obtol - .at•-fhc otflas of At#ol Baba and nN* lo TOmbml Trail North, Suite 2Florida a at the of• flee of the M N. W. 11 Marton, Carol Sprin9s, F Lando, dtrW normal W51- ness hours. The Board will -also Consider anY *0 busirm which may. property Came be- ' Eo aDOed�ttY' odbrtatakan:aR.iMe taeettnps Is adriscd- lttot 'Dasott:trrBl?creed-o•record of ihe:pro-' teedtttt;•-artd*aitsocoor**f, the •pasott MOT himild•ft - 'WAMIrlttot o w1batim reardnd :� vcoaedlrgs- .'frmade;:ln- ��k to b� � Gary L: Moww— August'$' B_ Na 3767 08 -1S -1994 11:10 813 649 6217 ALEX BROWN & SONS P.02i02 ,,,,two 16 G ALEX. BROWN & S4NS INCORPORATED LMDUSIUD IWO • A 1RICA1 OLDttr WWII IN MYR MINT aANMQ REPLY TO: surm 305 wsxau& Hr. tops stock coato ca, W- AM Dtluta UADINa 190"Mu 1100 -STH AVENU! SOUTH YAFt.PS, FLOR04 33940 $13 6496077 FAX 6496217 August 15, 1994 Mr. James Ward District Manager Dove Pointe Community Development District 10300 N.W. Eleventh Manor Coral Spring, FL 33071 Dear Jim: As the result of our telephone conversation on Friday, August 12, during which we Iearned that various other investment bankers have been solicited by member(s) of the Board of Supervisors of Dove Pointe Community Development District (the "District") to underwrite the proposed golf course and special assessment bond issues (the "Bonds") of the District contrary to the official action of such Board, we fwd it necessary and advisable to terminate our relationship with the District immediately. Moreover, this letter will serve as notice to the District than any use, in whole or in part of our work product or that of our counsel is not authorized by us or by our counsel, and that neitha our name or that of our counsel is authorized to be used in any way in connection with the offer or sale of the Bonds by the District. In addition, the draft disclosure documents ARE DRAFTS which have been prepared upon certain assumptions as to the realization of certain facts which may or may not materialize, some of WHICH ARE SO MATERIAL AS TO FORM THE BASIS UPON WHICH WE HAVE REFUSED TO PURCHASE OR UNDERWRITE THE BONDS. Therefore, anyone who participated In any offering of securities based upon such document ARE HEREBY PLACED ON ACTUAL NOTICE that such DRAFTS contain such material assumptions of the of the likelihood that such assumptions may not be realized. WJR/jm Sin er y, Willi J. R gan Prin a 6! ONE THIRTY-FIVE LAST aALTIM01tE STRIET. &%MX01tL MAjyLA.jCD 2UO2 • TILVHONE 301 727.1700 TILM MM • ci U ADDIS" -SOOM- LlL7WOA! YOUNG, VAN ASSENDERP, VARNADOE & BENTON, P. A. ATTORNEYS AT LAW R. BRUCE ANoCasoN RICMARO E. BENTON TASMA 0. SUrORO OAVIO L. COOP0 OAVIO S. EDWIN C. LAURENCE KEEs[y ANOREw 1. SOUS G. DONALD TmomsoN KEN=A VAH AsSENOERP GEORGE L. VARNAOOE ROT C. YOUNG 'soAPo C"W""'t0 Rua EsTATIC LA vv John Veit, Chairman Dove Pointe Community Development District 927 Grove Drive Naples, FL 33964 RCOLT TO: Tallahassee 8 August, 3.994 16 G GALLIE'S MAIL 225 SOUTH AOANs STREET. SUIT[ 200 POST OrrICE BOX 1a33 TALLAHASSEE. FLOIIIOA 32302.1833 TELC►HOHC (904) 222.7206 TELECOPIER (904) 561.6834 SUN SANx BUILDING 6DI LAUREL OAI{ DRIVE SUITE 300 POST OMCE Box 7907 NAPLES. FLORIDA 33941.7907 TELEPHONE (813) 397.2814 TELECO0"CR (813) 597.1060 Dear John: There is a move to amend Chapter 190, F.S., the Uniform Community Development District Law, in the 1995 regular Session of the Legislature. The move to amend the law is by certain attorneys representing either developers, established districts, or both. They have shared their suggested amendments with me. (See enclosure.) Based upon what I now know: 1. None of the suggested amendments is adverse. 2. There are some amendments which are not included which I think would be helpful: 3. Because there will be substantially a new Legislature and related staff since the last major amendments to this particular law in 1984, and sitice the' a zemain special interests who oppose or do not understand independent districts, any amendatory process is dangerous and the interests of existing districts and their charters must be protected and maintained. 4. The best time to participate begins in November with the post - election committee meetings, which is also the time bills are introduced for the following regular session of the Legislature. John Veit Page 2 8 August, 1994 16G W4 Please advise whether you authorize me to protect interests in this important regard. your In the meantime, I shall monitor matters on your behalf on a modest basis at our hourly rate. Very truly yours, o' J Kenza van Assenderp KvA:gm Enclosure cc: Gary Moyer and Jim Ward grm \district.dp YOUNG, VAN A.SSENDERP, VARNADOE & BENTON, P. A. ATTORNEYS AT LAW R. BRUCE ANDERSON RICNARo E. BENTON TAEHA O. BUrORo OAvIo L. CooK• OAVIO 8. ERwIN C. LAURENCE KCCSEY ANoREw 1. SoLIa G. OONALO THOMsoN KEN2A VAN AssENoERP GEORGE L. VARNADOE ROY C. YOUNG 'S".0 C[wnr'to Rc.L ESTATE L—CR REPLY To: Tallahassee 29 July, 1994 Prepared by Kenza van Assenderp Young, van Assenderp & Varnadoe 16G GALLIC S HALL ZZ5 SOUTH ADAMS STREET, SUITE 200 POST Orrice Box 1833 TALLANA3SEE, FLORIDA 32302.1833 TELEPHONE (904) zzz•72oa TELEcoMER (904) 5el•ea34 SUN BANK BUILDING a01 LAUREL OAK ORrvE SUITE 300 POST OrrICE BOX 7907 NAPLES. FLORIDA 33941.7907 TELEPHONE (au) 597.2aw TELECOMER (a13) 597.1060 Amendments to Chapter 190, Florida Statutes, and Related Matters Regarding the above - styled subject, I herewith summarize proposals from lawyers for various developers and districts for incorporation into a set of amendments to Chapter 190, F.S., the Uniform Community Development District Act of 1980, as amended, during the 1995 regular Legislative Session, commencing with committee meetings in November, 1994. Since there is a high probability that attorneys for these interests will proceed with such legislation, it is my duty to point out to you the following: 1. Those of us who are interested in maintaining the integrity of community development district law must be put on notice that the legislative process may subject the fundamental concept of such districts to adverse, even hostile, amendments. In other words, the interests of landowners and developers in establishing districts, and in contracting and expanding the boundaries of districts, are subject to modification for better or for worse. Also, districts themselves, if they are not grandfathered in, would be subject to changes, for better or worse, in the statutory charter by which all districts operate. 2. Developers and districts have the opportunity to seek to amend the law for improvements deemed in their-interest. Proposals From Other Developers and Districts In no particular order of importance, here is a summary, by subject, of the proposed amendments as relayed to me by attorneys for certain other developers and districts (I make no observations of my own here): 16G Page 2 1. Authorize multi- county community development districts by amendment to §190.005, F.S. 2. Limit the matters to be addressed in the ordinance or rule establishing the district by amending with appropriate language 5190.005(1) (f) , F.S., and $190.005(2) (d) , F.S. Currently, the law sets forth requirements for inclusion in the rule or ordinance but does not, prevent any additional matters other than the pre - emption against modifying the charter of the district, 5190.006 - §190.041, F.S. 3. Clarify that the $15,000 filing fee should not go to the County if the land is totally within the boundaries of a ,municipality and possibly also if the land area of the district is 1,000 or more acres in size. The applicable section is 5190.005(1)(b), F.S. 4. Regarding S190.006(2)(b), F.S., when the land area is platted, authorize one vote per unit. S. Regarding $190.009(1), F.S., limit the required disclosure to the initial purchaser only. 6. Regarding 5190.011, F.S., where the general powers of the district are enumerated, add the power of some kind of enforcement authority of laws and ordinances when enforcement by the community development district is required. 7. Regarding 5190.012, F.S., add under either the automatic or optional special powers an explicit power to manage lands within conservation and wildlife habitat areas. One possibility is to amend 5190.012(1)(e), F.S., to add some specific new language on this point. S. , Regarding 5190.012, F.S., dealing with special powers, amend the law to allow homeowners' associations or condominium associations to grant or convey to the district a special limited power to enforce covenants and restrictions regarding a range of matters from architectural review to water management and control. 9. Regarding 5190.0125, F.S., make clear that service may be outside the boundary of the district under certain specified circumstances regarding existing customers. 10. Regarding 5190.013, F.S., dealing with water management and control planning, make it express and clear that the board of supervisors may either follow the applicable statutory provisions in Ch. 298, F.S., or some revised and improved procedures under 16G Page 3 §190.013, F.S. The key is to make either approach available to the district board of supervisors. il. Regarding §190.013, F.S., add a new subsection to provide that the district board may amend the commissioner's report without going through the entire statutorily- set -forth process all over again. 12. Regarding 8190.033, F.S., the competitive bidding threshold should be increased from $10,000 to $25,000. 13. Regarding 8190.033(3), F.S., the category should be changed from two to three. 14. Regarding 8190.035(2), F.S., the proposers are interested in more clear procedures for rate setting. 15. Regarding 8190.046(1)(d)2, F.S., if the petitioner is not the district then the $1,500 fee should also be paid to the district. 16. Regarding 8190.046, F.S., various provisions dealing with merger should be clarified by modifying the consent requirement from property owners (under the long process) by letting the board establish consent of the property owners within the district without getting individual owner consent. 17. Regarding 8190.046, F.S., amendments addressing the following matters are also proposed: a. clarify when the expansion or merger procedures require ultimate determination by rule or by ordinance and what happens to the old rule or ordinance; b. whether two districts can simultaneously merge while at the same time having one or both of the prior districts contract or expand boundaries, thereby having one comprehensive procedure rather than two or more consecutive procedures; and C. once a merger has occurred, then amend the law for a new "transition clock" regarding the time for changeover from the one - acre -one -vote to one- person- one -vote franchises; and d. provide for a new "transition clock" if there has been an expansion instead of a merger. 'r Page 4 16G Potential Additional %yn^�Aments Which I Recommend You Consider In addition to the above summary of proposals from attorneys for other developers and districts, I recommend you consider whether we take advantage of this opportunity to clarify Ch. 190, F.S., along the following lines: 1. Reinstate some of the basic findings in 8190.002, F.S., and related statements of purpose and policy, which were in the statute in 1980, but which were eliminated in 1984, disclosing that the purpose of the district is to coincide public policy protections and requirements with the development, marketing and phasing expertise of private landowners and developers under proper ,permitting and planning authorizations. 2. In 5190.003, F.S., clarify or add definitions regarding the following terms and concepts: a. "creation" versus "establishment "; b. charter; C. definition of non -ad valorem special assessment and various related terms; d. definition of ad valorem tax; e. definition and reinstatement of "benefit tax "; and f. definition and reinstatement of "maintenance tax". 3. Regarding rulemaking, clarify that the district is exempt from publication of rules in the Florida Administrative Weekly and from submission of draft rules to the Joint Administrative Procedures Committee when and as rules are adopted by the board of supervisors of a particular district. 4. Regarding the establishment process, clarify whether there is a requirement, or if so, whether, to eliminate the requirement that the district, after establishment, must then Petition the Board of County Commissioners for the subsequent exercise of powers granted by the charter under the optional section in $190.012(2), F.S. S. Revise the order of the six factors listed in 5190.005(1)(e)l - 6, F.S., as follows: 1, 31 2, 5, 6 and 4. ,y 16 G Page 5 6. Clarify 5190.011(5), F.S., and its relationship to 5190.012(3), F.S., regarding a more realistic approach to rulemaking. 7. Fundamentally reword and clarify the various types of lienable and non - lienable revenue available to the board of supervisors of the district to finance its various systems, facilities and services: a. amend key definition sections regarding taxes (ad valorem taxes, benefit taxes and use taxes) ; non -ad valorem special assessments (by whatever names); and various non - lienable service charges and other revenue levies. b. clarifying the various definitions and dispositive procedures throughout the statutes regarding the levy of ad valorem taxes and the levy of non -ad valorem special assessments; C. clarify and revise certain definitions and terms regarding the types of bonds available to the district to be amortized by property taxes, special assessments or non - lienable revenue such as service charges; d. Clarify and expressly provide for two different alternatives for the levy of non -ad valorem special assessments, by whatever name, including one alternative (the comfortable but archaic provisions in Ch. 170, F.S.) and new clear uniform provisions to be put into Ch. 190, F.S. These provisions would deal with the levy, collection and enforcement of non -ad valorem special assessments. 8. Regarding 5190.048, F.S., update and clarify the DISCLOSURE wording in order to eliminate confusion. In addition to the proposals above (those from the other lawyers and those which I have suggested) , you may wish to add some proposals or question or oppose those suggested. I have not taken time to spell out in any detail my proposals but believe they are worthy of discussion when you and your colleagues are ready. I support a few of the proposals from the other attorneys, but I need more information about most of them. As you know, after the elections, committee meetings will start in November and will go through to the beginning of the Legislative Session. The Legislative Session will begin in either February or March, depending upon the results of the November elections on a constitutional amendment to change the convening time for the regular session. Those proposing changes will seek 166 Page 6 sponsors and have bills introduced in time for the late fall committee meetings. Therefore, I suggest: 1. If there is no legislation proposed by others to amend Ch. 190, F.S., then I recommend that we do not amend the statute either. Authorize me to keep you apprised of whether there will or will not be any legislation. 2. In the meantime, until we know whether there will or will not be any legislation, and, because of the timeframe involved, I request that you and your colleagues, as well as those who consult the your District, as appropriate, meet with me to discuss these proposals so that I can answer any questions and explain background and procedures. Put another way, if and when it is time to react, we need to know which proposals you oppose, which proposals you support, if any, and which proposals are such as to merit a neutral Position. 3. In any event, I strongly recommend that we do whatever it takes to prevent any adverse or negative amendments to Ch. 190, F.S. When and if a bill is introduced, and regardless of whether You wish to propose any of your own amendments or support any suggestions I have, I once again reiterate that it is important at the very least to take modest steps as needed on an ad hoc basis to prevent any adverse changes to the law. Please call if you have any questions. I look forward to hearing from you. grm \district.enc MINUTES OF NHZMG �� „. 'j I DOVE PORM 16G CO DEVBLOPMF.IWDISTRICT j rd of Ccunty Cornissi The regular meeting of the Dove Pointe Community Development District was held Friday, November 4, 1994 at 11:00 A.M., at the offices of Agnoli, Barber & Brundage, 7400 Tamiami Trail North, Suite 200, Naples, Florida. Present and constituting a quorum were: ” ;,. �,• John C. Veit Arthur Largent Chairman Supervisor Barry Harper Jack McKenna Supervisor Engineer Bruce Walton Jim Marks Developer FIRST ORDER OF BI1SINESS RoR Call Mr. Petty called the meeting to order at 3:00 P.M. SECOND ORDER OF BUSUSaM Update on Status ofDisWct FInancing Mr. Petty stated Mr. Ward is unable to make the meeting but he told me that we are still looking for sale of the bonds and at this time he is requesting a continuance of this meeting to discuss that issue for Thursday, November 10, at 11:00 A.M. at this location, where he will be present. Mr. Marks stated when I spoke to Mr. Ward this morning he said Wednesday morning. Mr. Petty stated Mr. Ward said the same to me this morning before he left. I checked with his secretary to see if he misspoke, since the agenda does suggest Thursday the 10th. According to his schedule, he is going to be there on Thursday. Mr. Marks stated I think he wanted to meet on Wednesday and because we are both uncertain, can we recess until Wednesday or Thursday, upon clarification by Mr. Ward? Mr. Petty responded no. We have to recess to a time and date certain. There cannot be any further setting of time or date after this meeting. Mr. Marks stated then I would ask the Board to recess to neat Wednesday at 11:00 A.M. as Mr. Ward and I discussed this morning. November 3, 1994 16G a r Mr. Veit asked can you check Mr. Ward's calendar for Wednesday and see what is on there? Mr. Petty responded I did check. He is scheduled to be here on Wednesday and on the west coast on Thursday. If you meet on Wednesday, we can continue the meeting again if we need to. ..... • a.v +wcuuuaa uy mr. Largent with all in favor the meeting was recessed until Wednesday, November 9, 1994 at 11:00 A.M. to be held at the offices of Agnoli Barber Brundage, 7400 Tamiami Trail North, Suite 200, Naples, Florida. 4ary L. Moyer becrerm7 2 16G The regular meeting of the Dove Pointe Community Development District held on Wednesday, September 25, 1996 at 2:10 P.M., at 277 N. Collier Boulevard, Marco Island, Florida. Present and constitutin g a quorum were: James Reinders Raymond Harris Charles F. Bailey John Veit Ralph Klass Barry Harner (by phone) Also present was: James P. Ward Bruce Anderson Bill Snyder Chairman Vice Chairman .. of C4_,rnty Comissi, Supervisor Supervisor (Resigned During Meeting) Supervisor Supervisor (Resigned During Meeting) FCf I1 -4`. District Staff Attorney Audience Audience FIRST ORDER OF BUSS -4EM Roo Call Mr. Ward called the meeting to order at 2:10 P.M. and stated that all members of the Board are present. SECOND ORDER OF BUSINESS Qz'ganizational Matters of the Board A. Oath of Ofoe for Newly E bated SWMVIsons Mr. Ward being a notary of the State of Florida, administered the Oath of Office to Mr. Reinders, Mr. Harris and Mr. Bailey, a signed copy of which will be made a part of the District's official records. Mr. Ward stated Mr. Harner is with us by telephone and my understanding is that he has a statement that he would like to make for the record. Mr. Harner stated I talked with Mr. Reinders earlier today and have inquired about the previous Supervisor's fees. He assured me that those would be paid at settlement. On that basis, I will go ahead and tender my resignation. Mr. Ward stated we will provide you with a resignation letter for your signature effective as of today. Pursuant to the Statute, the balance of the Board has the opportunity to appoint a successor to serve the unexpired term of Mr. Harner which expires in November of 1997. It would be appropriate for the Board at this point to nominate an individual to serve the unexpired term of Mr. Harner. September 25, 19% 1 6 G Mr. Reinders asked is that the same term for which Mr. Bailey just got elected.? Mr. Ward responded yes. Mr. Reinders stated I would like to nominate Mr. Ralph HIass. Mr. Veit asked is my term for four years? Mr. Ward responded your term expires in November of 1997. Mr. Veit stated that is a conflict. Mr. Ward asked why would it be a conflict? Mr. Veit responded because we just had two Supervisors who were elected to four year terms. Mr. Reinders asked I guess the question is can you have three people normally serving four year terms, granted that one expires within a year? Mr. Ward responded yes. Mr. Bailey stated the four year terms go to November of 1999. The other terms end in November of 1997. -- -- A'AW i•Wl• Uy LVLr. neinaers seconded by Mr. Baile with all in favor Mr. Ralph Mass was appointe Supervisor to fill the unexpired term of Mr. Harper. Mr. Ward being a notary of the State of Florida, administered the Oath of Office to Mr. HIass, a signed copy of which will be made a part of the District's official records. I am now going to pass out to the new Board members two documents, one is the Guide to the Sunshine Amendment and Code of Ethics and the other is a Form 1 Statement of Financial Interests. I am aware that some of you serve on another C.D.D. Board but you are required to file an amended return within 30 days and the new Board members are required to file the Statement of Financial Interests within 30 days of being seated on this Board. That filing requirement is to the Supervisor of Elections in the County in which you reside. If you are a resident in a County other than Collier, that is where the Statement of Financial Interest is filed. If you need any help in filling it out, please give either me or Mr. Anderson a call and we will be glad to help you. You are considered to be a local officer and your position is Supervisor on the Statement of Financial Interests. The other form that I handed out to you is a guide to the Sunshine Amendment and Code of Ethics for public officers and employees. One of the most important laws that you must adhere to is what we call the Sunshine law. That F September 25, 1996 16G means that any business that will come before this Board for an action, you may not discuss amongst yourselves to form an opinion as to how another member of this Board will vote. You may not use a member of your staff to determine how another member of this Board may vote or how they may act on a matter that will come before you. If you have any questions relative to the Sunshine Law, please give me or Mr. Anderson a call and we will be glad to assist you. In any instance, we will always tell you to act conservatively and not discuss the issue amongst yourselves and discuss it at one of these open noticed public meetings. That is probably the most important law that you need to be aware of and we will walk you through any other laws that come about as a result of your actions on this Board. Mr. Harris asked is this considered an amended form or is this just a standard form? Mr. Ward responded this is a standard form. Just type the word amended on the top of it and send it in. Mr. Harris asked are we just saying that we need to do one separately like the one we did for Key Marco or should we put Key Marco and this District on this form? Mr. Ward responded no. Just amend it for Dove Pointe. R. Election of Officm by Resolution 96.1 through 963 Mr. Ward stated the positions that we are talking about for this particular District are related to the Chairman, Vice Chairman and Assistant Secretaries. The Secretary and Treasurer is actually my office. You can change those if you want to. Why don't we do these individually as Chairman and Vice Chairman and then I will walk you through the Secretary, Treasurer and Assistant Secretary's positions. It would be appropriate for the Board to discuss at this time who you would like to elect as your Chairman and then a motion to that effect would be in order. ATAW AA%Jl11 uy mr. nams seconded by Mr. Bailey wit all in favor Resolution 96 -1 designating Mr. Reinders as Chairman was adopted. Mr. Ward stated the second Resolution would be Resolution 96-2 which designates a specific Board member as your Vice Chairman. A motion to that effect would be in order. 3 September 25, 1996 16G m vilueu with all in favor Resolution 96-2 designating Mr. Harris as Vice Chairman was adopted. Mr. Harris asked can you vote for yourself? Mr. Ward responded yes. Mr. Reinders asked do you need formal action on your offices of Secretary/Treasurer? Mr. Ward responded yes. un MUTION by Mr. Reinders seconded by Mr. Bailey with all in favor Gary L. Moyer was selected as Secretarv/TTPA Q,,rnr Mr. Reinders asked do we need to nominate the Assistant Secretaries and Assistant Treasurer's? Mr. Ward responded I would recommend that the balance of the Boerd who does not serve in the position of Chairman or Vice Chairman be appointed as your Assistant Secretaries. I would like to be an Assistant Secretary for the purpose of signing documents. - � x•11 -y 1.1r. ne�naers seconded by Mr. Harris with all in favor Resolution 96 -3 designating Mr. Mass, Mr. Bailey and Mr. Ward as Assistant Secretaries and Assistant Treasurer was adopted C. Consideration of Resolution 96-4 Canvassing and Certifying the Results of the Landowners Meeting Mr. Ward stated the next item is for the adoption of Resolution 96-4 which by title is "A Resolution canvassing and certifying the results of the landowners election of the Supervisors held pursuant to Section 190.006 (2), Florida Statutes". In section one, we will fill in the names of Mr. Reinders and Mr. Harris receiving 251 votes and Mr. Fred Bailey receiving 250 votes. In section two, both Mr. Reinders and Mr. Harris will serve four year terms commencing on November of 1995 and terminating four years thereafter. Mr. Bailey will serve a two year term commencing on November of 1995 and terminating two years thereafter in 1997. That Resolution is in order and recommended for your consideration. 4 September 25, 1996 • -� -� Uy iru-. neinaers seconded by Mr. Harris with all in favor Resolution 96 -4 canvassing and certifying the results of the landowners election of the Supervisors held pursuant to Section 190.006 (2), Florida Statutes was adonted 16G It IHIRD ORDER OF BUSINESS Approvi of the Minutes of the June 29, August 24, August 31, September 8, November 4, November 9, November 16, November 21, November 23, December 1, December 8 and December 14p 1994 Meetings Mr. Ward stated this is somewhat unusual to you as a new Board in that this particular District now has all new members associated with it. As I indicated to you earlier, the District is in the state of financial emergency and has not been in a position to actually have Board meetings for over a year. I did attend all of those Board meetings and can tell you that these are verbatim transcripts and we do retain the tapes for the record. Mr. Veit is here and he can indicate to you that this is basically what happened at these meetings. I think for the record, it is a good idea for the Board to go ahead and approve the minutes. If there is anything that we need to change in that record later on as a result of new actions that you will desire to take, we can do that. There is nothing in the record at this time that would preclude you from doing this. Mr. Anderson stated I have reviewed the minutes and believe they are a correct reflection of those meetings. all in favor the minutes Yof the June 29, July Keinders 24, August 31, September 8, November 4, November 9, November 16, November 21, November 23, December 1, December 8 and December 14, 1994 meetings were approved, subject to any discrepancies that might be revealed on review of the tares. FOURTH ORDER OF BUMITESS Consideration of Resolution 96 -5 Adopting an Investment Policy Mr. Ward stated the next Resolution is Resolution 96-5 which by title is "A Resolution of the Board of Supervisors of the Dove Pointe Community Development District adopting an Investment Policy for the District as provided in Section 218.415 (15), Florida Statutes (1995) ". This was a requirement of the Statute that was done some time ago prior to October 1, 1995. Since this District did not have 5 September 25, 1996 16G any Board meetings and was not in a position to do that, it did not have the ability to adopt the Resolution. It is a standard form Resolution which allows you to utilize the provision in the Statute for the investment of your funds. The Statute says that you can use the local government surplus trust funds and treasury obligations of the United States and one or two other different investment vehicles. It was intended to prevent the use by a governmental agency of an investment vehicle such as derivatives and pork bellies on the mercantile. The Statute change a year or two ago was a direct result of many governments losing millions of dollars in the financial market. It is a standard form Resolution that is in order and recommended for your consideration. Mr. Reinders asked would you consider a motion with an effective date prior to October 1, 1995 or does it matter? Mr. Ward responded I do not think it matters. We did not have any money to invest. Mr. Anderson stated if and when you do have some money in this District and want to adopt an alternative to what is set forth in the Statute, you can do that. with all in favor Resolution 96-5 adopting an Investment Policy for the District as provided in Section 218.415 (15) was adopted FIFTH ORDER OF BU&NESS Staf'Repoits A. Attorney Mr. Anderson stated I just want to report to you that this District had been declared in a state of financial emergency. Our firm has coordinated with the representative in the Governor's office to hold off on them taking any action because we were aware of Ronto Developments interest in the property and something might happen. They have taken a wait and see approach and we will let them know that we believe the District is going to be getting back up and running again. Mr. Reinders stated hopefully we should have lots of good and detailed news for them in the course of the next four to six weeks. B. wee' There not being any, the next item followed. 0 September 25, 1996 16G C. Manager - Number of Registered Voters Mr. Ward stated statutorily, the Supervisor of Elections in the County in which the District is located, is required to provide on a yearly basis, the number of registered voters that reside within the District. Ms. Mary Morgan did provide that as of 1995 and 1996 and there are no registered voters within this District. I will make that a part of the record for you and there is no action that you need to take. SIXM ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Veit stated about three years ago, I was a part of this Board that was introduced to the Board of County Commissioners and subsequently I found myself in the same position that you are at right now as the Chairman. I have received your request and understand that you are assuming all of the obligations and financial debt obligations of the Dove Pointe District and that you will satisfy those to the best interests of the parties that were involved. I understand your desire to have a whole new Board and I would tender my resignation. Once your closing is done, I will tender my resignation in writing. I would request that you consider keeping me on the Board and I understand your position. I congratulate you on taking on such a heavy responsibility. I do not anticipate that this C.D.D. is going to be any more of a problem to you. Mr. Reinders stated speaking for the Developer, it is their plan and intention to close on the property some time in the next four to six weeks. It would also be their intention at that point to follow through on various understandings, including the satisfaction of obligations on behalf of the District. I do not know that it is necessarily appropriate to have a formal resignation at this point so we will wait until we come to that point in time. The suggestion that you received from the Proxy holder and soon to be title holder, was not in any way a reflection on the services. It is just a desire to start clean in these matters. It sounds to me like we will have an opportunity to revisit this particular question in the course of the next several weeks. You may find that we have some rather intensive business to conduct in the interim but if that is your pleasure, that is fine. At some point, we would like to explore a name change for this District. Do we need an amendment to do that? Mr. Anderson responded that would merely entail filing an application with the County to process an amendment to the ordinance to change the name of the District. What time frame do you wish to have that axomplished? September 25,19% 16G Mr. Reinders responded I have never done one of those befog What is your start to finish time frame? Mr. Anderson responded anywhere from a month to two months. Mr. Reinders stated it may not happen fast enough to do any marginal good anyway. There has been a transition and a change but somehow I find it more appealing to have a new name. Mr. Anderson asked how quickly would you need it? Mr. Reinders responded we are in the market through William R. Hough & Co. who is investigating that marketplace and with luck I hope to have a commitment of some sort within the next four weeks to be closed sometime thereafter. I suggest that we start the process. We would like to have the District name correspond with our new plat and our homeowner documents. The new name would be Heritage Greens Community Development District. Mr. Ward stated if that is acceptable to the Board, then a motion to authorize staff to process a name change for the District would be in order. with all in favor staff was authorized t proc ss a name change from Dove Pointe C.D.D. to Heritage Greens C.D.D. Mr. Reinders asked do we want to get into any formal re- appointment of professionals? I say that in regards to William R. Hough & Co. Mr. Ward responded I think that would be appropriate at this point. A gentleman by the name of Mr. Bill Regan was the underwriter for this particular District from the firm Alex Brown & Sons. Conceptually what was being proposed was that we do two series of bonds, one was a Non Ad Valorem Special Assessment Bond and the other was a Revenue Bond for the golf course. For a number of reasons, primarily related to the fact that the landholder was not in a Position to provide any secondary market guarantees for the revenue portions of those bonds, that deal never went through. At the request of the primary landowner at that time, the District changed Underwriters to a firm in the midwest by the name of Miller and Schroeder who had made some indications to the primary Developer that they were in a position to secure the necessary bonds for the revenue portion of this deal without the necessary secondary market guarantees that Mr. Regan had indicated were available. The Board at that time 0 September 25,19% 16G took action to release Alex Brown & Sons from employment as its Underwriter and to employ the firm of Miller and Schroeder to do the deal. After many months of negotiating with Miller and Schroeder in terms of how to do the deal, the District actually went into the market to sell its Revenue Bonds and Non Ad Valorem Special Assessment Bonds. The Non Ad Valorem Special Assessment Bonds were an easy sell, however the market was not in a Position to take those golf course Revenue Bonds at that point so that deal never came to fruition. Subsequent to that date, the primary Developer of Dove Pointe pulled out of the project and the District then went into what we call a state of financial emergency and it was never funded. Basically what you have at this point, is an Underwriting Firm by the name of Miller and Schroeder who made representations to the Board. They will be in a position to sell both the golf course portion of these bonds and the Non Ad Valorem Assessment Bonds. Mr. Regan is now associated with the firm of William R. Hough & Co. which is a Florida Investment Banking Firm. Mr. Regan's experience is in the issuance of Non Ad Valorem Special Assessment Bonds primarily for the use in C.D.D.'s. He has done an excellent job in all of the transactions that I have been involved in and I know that some of you have been involved in the issuance of these types of bonds. I think his reputation is beyond reproach. He has been in Collier County for many years and does an excellent job of selling these kinds of bands in the marketplace that we have available to sell. If the Board is of a mindset, you may either keep Miller and Schroeder or you have the option under the Statute to change your Underwriter to Mr. Regan's current firm which is William R. Hough & Co. Mr. Reinders stated I am going to recommend that we change to William R. Hough & Co. I have had experience working with Mr. Regan and echo Mr. Ward's comments and evaluations of his expertise in this matter. I have had some preliminary discussions with him and we have conveyed to him some idea of the magnitude of the Special Assessment Bond we would like to market and the circumstances associated with it. I think he is quite optimistic about his ability to succeed in that marketing effort on a very competitive basis. �-- -• -� -+ate•• U.r LvLr. n,einaers seconded by Mr. Harris with all in favor William R. Hough & Co. was selected as Underwriter. 7 September 25, 1996 16G Mr. Reinders asked do you need motions with respect to Counsel, Engineer and Manager? Mr. Ward responded we do not need a motion unless you change the professional. I am comfortable if you are. Mr. Reinders stated as there is no other discussion or comment from the Board, we will simply keep the existing arrangements of the District. Mr. Ward stated you have two Counsels. You have local Counsel who is Mr. Anderson from Young, Van Assenderp & Varnadoe and Bond Counsel who is Mr. Fred Harris from Greenberg, Traurig in Tallahassee. Mr. Reinders stated I had an opportunity to speak briefly with Mr. Assenderp the other day and need to follow -up in conversation with him. We need to review what the necessary steps are and potential time frames in order to move forward to finalize this bond issue as quickly as possible. For those purposes, I am prepared to assume that we have a buyer and that we can identify that buyer in such a way that does not otherwise affect the time frame. What I basically need from Counsel is a checklist of steps and projected times from here to closing on the bonds and perhaps a summary from the Manager. Mr. Ward stated it has been a long time and maybe the financing members can get together at some point in the near future and go over all of the issues we have and then we will just put together one time schedule for you on where the District stands in the process of the issuance of those bonds , if that would be acceptable to the Board. Mr. Reinders stated that is fine but please feel free to communicate with one another, do what you need to do in order to get our schedule together and let me know so I can have the Developer fund what needs to be done in terms of any of these workups. Time is of the essence in that regard. Our District has been amended so that we are now looking at an assessment base of up to $550. There is a plat that is getting ready to be submitted that would contemplate somewhere between 528 and 530 units. It is my understanding that the Developer will move Dr. Fishkind forward on his methodology at this point. Mr. Veit stated in lieu of what happened, I would withdraw the condition of final closing and tender my resignation today. I think you are headed in the right direction and have come a long way. I believe that my services are no longer necessary. Mr. Reinders stated I appreciate that and accept your resignation. I thank you on behalf of the District for all of your prior services. I am sure that past 10 September 25, 1996 16G accounts will be resolved in short order. That being said, I would like to ask that the Board consider the appointment of a fifth Supervisor to fill the unexpired term of Mr. Veit. I would like to nominate Mr. William Snyder. v.. .. +v a.v.♦ v.Y aria. --r- u( mts aG4vnuea Dy lvlr. Halley with all in favor Mr. Snyder was appointed Supervisor to fill the unexpired term of Mr. Veit. On MOTION by Mr. Reinders seconded by Mr. Bailey As with all in favor Mr. Snyder was designated sistant Secretary/Assistant Treasurer. Mr. Ward being a notary of the State of Florida, administered the Oath of Office to Mr. Snyder, a signed copy of which will be made a part of the District's official records. �.,L lrl\J 11V1r Uy ivir. nelnaers seconded by Mr. Bailey with all in favor the meeting was adjourned at 2:45 P.M. Y ary L. ,J Secretary 11 `� I6G AGENDA DOVE POIN'M CO DEVELOPMENT DISTRICT September 25, 1996 Wednesday 2:00 P.M. 1. Roll Call 2. Organizational Matters of the Board 277 N. Collier Boulevard Marco Island, Florida A. Oath of Office for Newly Elected Supervisors B. Election of Officers by Resolution, 96-1 through 96-5 C. Consideration of Resolution 96 -6 Canvassing and Certifying the Results of the Landowners Meeting 3. Approval of the Minutes of the June 29, July 7, August 24, August 31, September 8, November 4, November 9, November 16, November 21, November 23, December 1, December 8, and December 14, 1994 Meetings 4. Consideration of Resolution 96-7, Adopting an Investment Policy 5. Staff' Reports A . Attorney B. Engineer C. Manager - Number of Registered Voters 6 Supervisor's Requests and Audience Comments 7. Adjournment 161 Naples Daily News Naples, FL 33940 Affidavit of Publication I NOTICE OF LANDOWNERS MEETING DOVE COMMUNITY mMOPMENT WTRjCT DOVE POINTE COMMUNITY DEV. I Notice Is hereby 91m io d landown• JAMES WARD i ers w>* ft Dove POW Co"dmft De- veI0QR1tnt MW for labs of velopment NW 11TH MANOR I approximokly 92 ones genWORY de* CORAL SPRINGS FL 33071 I I urbed as being weaw In caser FWrldo opproxlrnolely 2 miss Bost of Her stole Hfghwoy 74 on the south side at Coun- I ty Rood 846 pCmftwkyolee Roog% bowided on the north by Rood, on ft east DYRthe proposed exten- Son of Logan Boulevard, an the soulh by REFERENCE: 027769 I 57358354 57358354 NOTICE OF LANDOWNERS I agr{culhad kends, and 10aSn� the west DO W- este+��u t wU be held for the WAWA ^ State of Florida I Doter September 25,1 County of Collier Time: 2:0O PM and fie' 2TlNolslor Boulevard Before the undersigned authority, personally I Flori I Morro Island, Florida vote In person or by appeared Nina Iverson, who on oath says that she i sarves as the Assistant Secretary of the Naples I Each landowner may wrtiten proxy. Proxy forms may be ob- re0uest 3 offices Of the Daily News, a daily newspaper published at Naples,I Qfslrid Monoper', 111300 fL W. 11 Manor Dittri 755id in Collier County, Florida: that the attached i Cord WkVs, FWrfdo 32071 (VA or d the above rioted 6iWW At said copy of advertising was published in said i ( �eoch landovmer or his proxy •shd 10 one vote per acre of land newspaper on dates listed. Affiant further says that the said Naples Daily I be cost owned f News is a newspaper published at Naples, in said I ilonoton ocre shad be treated as one wre. Collier County, Florida, and that the said I knmedok* tuft" the landowners Ong there w11 be convened the reeedar newspaper has heretofore been continuously I � �o- published in said Collier County, Florida, each I df m =matters of the Board to kecllede elec- day and has been entered as second class mail I ft of certain Didrld oflaM.and other matter at the post office in Naples, in said I seldn txalness which =oY come Collier County, Florida, for a period of 1 year I before he Board. The is open to the and wM be In odor' next preceding the first publication of the I public i dance with the Provisions D Law attached copy of advertisement; and affiant I i rids. fa' CommunttY OeveWDrtlenf Districts. further says that he has neither paid nor promised) Each person who deckles to upped my any person, firm or coporation any discount, I action token of these meetings Is ad- vised ftd person wM need a record of rebate, commission or refund for the purpose of r se I the proceedings and chef occardrwN, securing this advertisement for publication in thel the person may new to enwre ilh�ott a verbatim record of the praceedkgs is said news a err . N P v hkh such appeal Is to be PUBLISHED ON: 09/03 09/10 i mod. Gary L Moyer I Septen>ba 3,10 No 157727 AD SPACE: 6.250 INCH FILED ON: 09 /10/96 Signature of Affiant Sworn to and Subscribed before me this _&_ day of Personally known by me�GILnCe� Jeedhtl A. Fb*m MY CM&IM N I CCSOe V EXPIRES ;• ;l eosoca n:ee�raor rew.owAM ac DOVE POINTE COMMUNITY DEVELOPMENT DISTRICT September 25, 1996 Board of Supervisors Dove Pointe Community Development District Dear Board Members: 166 Based on a request from Mr. Reinders to have new members on the Board and upon the understanding that Mr. Reinders will assume all financial debt obligations and satisfy those in the best interests of those involved, I tender my resignation effective immediately as I believe my services are no longer necessary. r , C John Veit 10300 N.W. 11th MANOR CORAL SPRINGS, FLORIDA 33071 TELEPHONE: (305) 753-0380 FAX: (305) 755-6701 of ' DOVE POINTE COMMUNITY DEVELOPMENT DISTRICT Board of Supervisors Dove Pointe Community Development District Dear Board Members: Based on my conversation today with Mr. Reinders regarding payment of my Supervisor fees, which I was assured would be paid at settlement, I tender my resignation effective today. Sincerely, 4;4=— Barry Harner 10300 N.W. 11th MANnr) CORAL SPRINGS F 16G LORIDA 33071 TELEPHONE: (305) 753 -0380 FAX: (305) 75,5 -6701 16G Oath of Office I, William Snyder, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Dove Pointe Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Dove Pointe Community Development District, Collier County, Florida. William n I6G Oath of Office a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Dove Pointe Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Dove Pointe Community Development District, Collier County, Florida. nC� 4 /xti�/ 9 G 16G Oath of Office I 4/".n `�' , a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Dove Pointe Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or aMrm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Dove Pointe Community Development District, Collier County, Florida. -JI 7f'' 16G Oath of Office I, -e!I , a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Dove Pointe Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Dove Pointe Community Development District, Collier County, Florida. 16G Oath of Office I, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Dove Pointe Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Dove Pointe Community Development District, Collier County, Florida. -jZS of ( 16G RESOLUTION 96.1 A RESOLUTION DESIGNATING JAMES REINDERS AS CHAIRMAN OF THE DOVE POINTE COA1MUNITY DEVELOPMENT DUCT WHEREAS, the Board of Supervisors of the Dove Pointe Community Development District desire to appoint James Reinders as Chairman; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE DOVE POINTE COMMUNITY DEVELOPMENT DISTRICT: 1. James Reinders is appointed Chairman. Adopted this 25th day , 1996 :f Ito . . 16G RESOLUTION 9fr2 A RESOLUTION DESIGNATING RAYMOND HARRIS AS VICE CHAIRMAN OF THE DOVE POINTE COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of Supervisors of the Dove Pointe Community Development District desire to appoint Raymond Harris as Vice Chairman; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE DOVE POINTE COMMUNITY DEVELOPMENT DISTRICT: 1. Raymond Harris is appointed Vice Chairman. Adopted this 25th day of September, 1996 :6 Reinders rman , L. Secretary 166 A RESOLUTION DESIGNATING CHARLES F. BAILEY, RALPH KLASS, WILLIAM SNYDER AND JAMES P. WARD AS ASSISTANT SECRETARIES/ASSISTANT TREASURERS OF THE DOVE POINTE COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of Supervisors of the Dove Pointe Community Development District desire to appoint Charles F. Bailey, Ralph Klass, William Snyder and James P. Ward as Assistant Secretaries/Assistant Treasurers; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE DOVE POINTE COMMUNITY DEVELOPMENT DISTRICT: 1. Charles F. Bailey, Ralph HIass, William Snyder and James P. Ward are appointed Assistant Secretaries/Assistant Treasurers. this 25th day o�ptember, 1996 Japes Reinders ary L. Secretary 16G RESOLUTION 96-4 A RESOLUTION CANVASSING AND CERTIFYING THE RESULTS OF THE LANDOWNERS ELECTION OF SUPERVISORS HELD PURSUANT TO SECTION 190:006(2), FLORIDA STATUTES WHEREAS, pursuant to Section„ 199.006(2), Florida Statute, a landowners meeting is required to be held within 90 days of the District's creation and every two years following the creation of a Community Development District for the purpose of electing three Supervisors of the District; and WHEREAS, following proper publication of notice thereof, such landowners meeting was held September 25, 1996 at which the below recited persons were duly elected by virtue of the votes cast in their respective favor; and WHEREAS, the landowners by means of this Resolution desires to canvas the votes and declare and certify the results of said election; NOW, THEREFORE, BE IT RESOLVED BY THE LANDOWNERS AND BOARD OF SUPERVISORS OF THE DOVE POINTS COMMUNITY DEVELOPMENT DISTRICT; 1. The following persons are found, certified, and declared to have been duly elected as Supervisors of and for the District, having been elected by the votes cast in their favor as shown, to wit: James Reinders 251 votes Raymond Harris 251 votes Charles F. Bailey 250 votes 2. In accordance with said statute, and by virtue of the number of votes cast for the respective Supervisors, they are declared to have been elected for the following terms of office: 16G r James Reinders four (4) year term Raymond Harris four (4) year term Charles F. Bailey two (2) year term 3. Said terms of office shall commence immediately upon the adoption of this Resolution. PASSED AND ADOPTED THIS 25TH DAY OF SEPTEMBER, 1996. Reinders F-- :Ma ir M 166 RESOLUTION NO. 96-5 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE DOVE POINTE COMMUNITY DEVELOPMENT DISTRICT, ADOPTING INVESTMENT POLICY FOR THE DISTRICT AS PROVIDED IN SECTION 218.415 (15), FLORIDA STATU M (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 218.415, Florida Statutes, (1995); and WHEREAS, Section 218.415, Florida Statutes (1995) creates supplemental provisions that update existing state statutes requiring, in part, that written investment policies be adopted by the local government on or before October 1, 1995, or in addition to or in lieu of establishing 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 BOARD OF SUPERVISORS OF THE DOVE POINTE COMMUNITY DEVELOPMENT DISTRICT: 1. At this time, the District elects to proceed under the Alternative Investment Guidelines 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 Supervisors the 25th day of September, 1996. ATTEST: DOVE POINTE COMMUNITY D - PMENT DI CT L. J s Reinders Secretary Chairman Approved as to form and correctness: 1 � Counsel 4r MARY W. MORGAN SUPERVISOR OF ELECTIONS COLLIER GOVERNMENT COMPLEX 3301 TAMIAMI TRAIL EAST NAPLES. FLORIDA 339624971 TELEPHONE: 8131774.8450 June 2, 1995 Mr. Gary L. Moyer, P.A. Land Development & Management Consultant 10300 Northwest Eleventh Manor Coral Springs, FL 33071 Dear Mr. Moyer: SUBJECT: VOTER DEMOGRAPHICS • COMMUNITY DEVELOPMENT DISTRICTS 16G Pursuant to your request and Florida Statutes, the following voter registration information is provided to you for the subject community development districts located within Collier County, Florida. These figures reflect voter registration as of June 1, 1995. Djstroct Port of the Islands C.D.D. Voters 70 Lely Resort C.D.D. 137 Key Marco C.D.D. 783 Pelican Marsh C.D.D. g Dove Pointe C.D.D. 0 The cost of the computer sort to determine these voter registration figures is $125, If you have any questions, please do not hesitate to contact me. Sincerely, Mary W. Morgan Supervisor of Elections mwm f : %dbtrlct%cdd. t8L q" 0 *0999 0000 d c a s N 0 0 0 0 0 O O O O O ji IL 00000 fill; 00000 1 O O O O c c 00000 c� a 00000 000000000 o000 0000 0 0000 0000 0 0000j00000 000000000 O O O O' O O O o O 0000100000 0000j00o00 p N 4 4 n �aaI f V b N I F pi OI r 0 16G ", .7 •%bbb% (n V 00000 CC 44 Q a U) LL 0 U N UJ 0 � 000 J uj h H LL � • 0 0 0 0 0 O O O O O F� g ; < $$$� v ohn s c a s N 0 0 0 0 0 O O O O O ji IL 00000 fill; 00000 1 O O O O c c 00000 c� a 00000 000000000 o000 0000 0 0000 0000 0 0000j00000 000000000 O O O O' O O O o O 0000100000 0000j00o00 p N 4 4 n �aaI f V b N I F pi OI r 0 16G ", .7 DOVE POIlV'1'E COMMUNITY DEVELOPMENT DISTRICT. d of County Comissi ,. The regular meeting of the Dove Pointe Community Development District held on Tuesday, October 22, 1996 at 9:00 A.M., at 277 N. Collier Boulevard, Marco Island, Florida. Present and constituting a quorum were: James Reinders Raymond Harris Ralph Mass Bill Snyder Also present was: James P. Ward Bruce Anderson Hank Fishkind Chairman Vice Chairman Supervisor Supervisor District Staff (by phone) Attorney Fishkind & Associates (by phone) F M ORDER OF BUSINESS Roll Call Mr. R.einders called the meeting to order at 9:00 A.M. and stated that all supervisors are present with the exception of Mr. Bailey. SECOND ORDER OF BUSINESS Consideration of Certain Documents related to the Iasoance of Disbict Bonds Mr. Ward stated the purpose of today's meeting is to consider the adoption of a resolution relative to the imposition of your special assessments for Dove Pointe. In the way of some background, the Board of Supervisors previously adopted the necessary resolutions to levy special assessments within the boundaries of Dove Pointe, approximately two to three years ago, with the understanding that those special assessments were going to be done in two forms. First a special assessment over the residential portion for the community infrastructure going into Dove Pointe and secondly, we were doing a revenue bond issue for the proposed golf course within Dove Pointe. With the change in developer that has occurred and the change in the financing mechanism for the golf course, Dr. Fishkind is with us today and he has revised his methodology and the special assessments for the residential component of Dove Pointe and the purpose of your resolution today is to consider the re-establishment of those special assessments within the properties of Dove Pointe and to consider holding a public hearing which we will discuss in a few minutes relative to the impositions 16( October 22, 1996 16G of those assessments With that I will turn it over to Dr. Fishkind to go over that methodology and those proposed assessments with you. Dr. Fishkind stated coming to you by fax is the updated assessment report for Dove Pointe. Currently the improvements necessary to build out the residential components of the project are estimated to cost $4,407,500. These improvements include drainage, roadways, utilities, landscaping and the other typical type improvements that C.D.D.'s undertake in order to provide for the development of the property inside the boundaries. In order to provide a fund of $4,407,500, the financing program that has been designed by us and the underwriters, William R. Hough, envisions a $6 million bond issue that will provide for not only the cost of the project and the improvements as I just described but also the cost of issuance, underwriter's discount, a capitalized interest fund to provide for interest payments during the time that construction is taking place and a debt service reserve fund of 10%, which is typically required to sell these bonds. The next step in the methodology is to determine the benefits that this construction and improvement program will convey on all of the properties within the District. Under Florida law and under Chapter 170, in particular of the Statutes, it is required that the costs of the improvement program be apportioned to the land based strictly on the benefits that each type of property derives and furthermore the benefits must exceed the cost in total. It is clear from my review of the financial information provided by the landowner that the benefits of this program will far out weigh its costs because without this improvement program, the land could not be developed. The second part of the requirement of the Statute and case law is to apportion the $6 million amongst the properties based on the benefits that they receive. As of today, there aren't any residential properties out there as anticipated in the land use plan, which is acreage. As a first step, what I would propose is that we divide the debt strictly into the acreage on an even acreage basis. That is what our tax roll is and you will see that in Table 7 of my report. We are simply apportioning all of the debt to the tax I.D. numbers that comprise the District. As development begins and plats come in and are processed, then what we will do is apportion a spec amount of the $6 million debt to each subdivided plat based on the benefits it receives from the improvement program and that is the bulk of the methodological study that I have done that I propose the District adopt. Basically we have divided all of the improvements into two categories, which is road lighting and relating appurtenances and everything else. The roadway component, I propose to 2 October 22, 1996 16G allocate the cost of that part of the debt based on trip generation rates. Every property in the District will have different trip generation rates depending upon how it is actually developed. For example, the proposed single family detached housing and the twin villas have a trip rate of 9.55 trips per unit. The coach homes and the villas product, which are a higher density have a lower trip rate. We would apportion all of the roadway, roadway lighting and similar things to those type of real estate products based on the trip rates. Everything else, the drainage, landscaping and the other improvements that are planned for the District will be apportioned fairly on the basis of equivalent residential units. Let's imagine that a single family unit is standard. It is the lowest density unit. Each single family unit would be assigned one equivalent residential unit. The other products being somewhat higher density have somewhat lower equivalent residential units compared to the single family units. I would propose that we apportion the rest of the improvements on that basis. I have designed the methodology to do so. Again, it is important to recognize that what we are doing today is simply assigning the debt to the acreage and then adopting this methodology, which is a guideline by which as plats come in, the Board can then assign debt to those specific land uses once the land uses are known. The final portion of the methodology is a test that we want to ask the Board to consider that will prevent any build up of debt on the unplatted properties. We don't want to allow a debt to build up on the unplatted property. What I would propose is today when this debt is apportioned amongst the properties of the District, we will have an average debt per acre of about $23,847. As each plat is processed we want to look at the remaining debt that has not been assigned to that plat and divide it by the remaining acreage and not have a situation where that debt per acre would increase. That is basically the methodology and I will answer any questions you might have. Mr. Reinders asked the allocation of debt per acre at $23,847, is it dividing the proposed debt by all of the acreage including the golf course land? Dr. Fishkind responded yes, because we don't have a plat yet for the golf course. As soon as we get a plat for the golf course we will excise it and not have any debt on it at all. Mr. Reinders stated I believe we have a single plat in this case that in affect we are platting the golf course simultaneous with the residential. Dr. Fishkind stated I understand that but it was my understanding at this point that the tax I.D. numbers that I have for the District include all of the K October 22, 1996 166 acreage in the District including the golf course lands. As soon as we process that plat, the golf course is assigned none of this debt and none of this debt benefits the golf course and I should have mentioned that clearly for the record. Mr. Reinders stated not withstanding that initially we would assign the proposed debt across all of the acreage as we proceed with the permitting, approvals and platting, all of that debt will collapse down onto the residential lands. Dr. Fishkind stated that is correct and the methodological report that is coming to you now says that in the text. Mr. McKenna asked am I correct then in understanding as it gets applied to the lands it will still remain on an acreage basis per tract and per lot? Dr. Fishkind responded no. When we plat all of those lots then we will assign specific amounts of debt to each and every one of them based on the methodology that I described based on the trips and residential units. Mr. Reinders stated I will check to see if the methodology is here. Dr. Fishkind stated it is not all there yet. I will call your office again or have someone call on another line to let you know when the transmission is completed. Mr. Reinders asked given that it is definitely going to detail what we just heard, can we act at this point? Mr. Ward responded yes. You have Mr. Anderson there and he can walk through the proposed Resolution with you, which merely sets the public hearing date for the imposition of the assessments and the methodology that Dr. Fishkind outlined for you. You will have ample opportunity at your public hearing pursuant to that Resolution to make any additional changes you want to that methodology once we get to that hearing. Mr. Reinders stated for my clarification, all we are doing is setting a public hearing to adopt a methodology, the one that has just been proposed to us or are we attaching this methodology with our blessing for the purpose of a public hearing? Mr. Ward responded that is correct. Mr. Reinders stated we are not adopting the methodology, we will do that at the public hearing. Mr. Ward stated yes. You are utilizing that methodology as the base to move forward to your public hearing. October 22, 1996 16G Mr. Anderson stated this methodology is essentially the same as was previously adopted. Is that correct? Dr. Fishkind responded yes. The major difference being an update on unit counts and on construction budget. The methodological theories are identical now between the original and this update. Mr. Anderson stated I have prepared a Resolution that acknowledges that we have the preliminary special assessment roll prepared. The Resolution calls for that to be kept on file at the District engineer's office as well as a copy of the plans and specifications. This Resolution will authorize the District manager to send out notice to property owners at least ten days in advance of the public hearing to levy the special assessments. It also authorizes public notice in the newspaper of the special assessment hearing. It has been suggested that the public hearing be scheduled for November 12, 1996 at 9:00 A.M. to be held here at Ronto's offices. That will allow sufficient advertising time. I will take care of getting this notice in the newspaper. Mr. Ward, you take care of mailing notice to the property owners. What resolution number do you want to assign to this? Mr. Ward responded I don't have a resolution number, if the Board could allow me the latitude to put the number in the Resolution, that would be satisfactory. with all in favor ""—o Resolution 97-1,1 setting a public hearing to levy and provide for the collectionand enforcement of certain non ad valorem special assessments for November 12, 1996 at 9:00 A.M. at Ronto Development, 277 N. Collier Boulevard, Marco Island, Florida was adonted_ Mr. Anderson stated secondly, we need to advertise in the newspaper the District's intent to have the Tax Collector include these special assessments on the ad valorem tax bills that go out each year. I understand that we may not want to have this on for next November's tax bill but to avoid something falling between the cracks in the future, it is my recommendation that we get this requirement out of the way so that when we do want to have these included on the tax bill, we will have already complied with the Statutory requirements. Mr. Reinders stated it is my understanding that typically we don't send this to the Tax Collector during the capitalized interest period. Mr. Ward stated that is correct. C. October 22, 1996 16G Mr. Reinders stated as Mr. Anderson indicated, we should get this housekeeping matter out of the way and we can determine later when to actually do that in compliance with our bond indenture. Mr. Ward stated that is correct. Mr. Anderson stated I will leave the advertising of this notice up to you, it will need to be coordinated with whenever the Board would meet again after November 12. It does require four consecutive weeks of advertising. Mr. Ward stated no problem. Mr. Reinders asked do you need a motion? Mr. Ward responded yes, authorizing the advertising of our intent to utilize the uniform method of collection for the non ad valorem special assessments. .-.. +.i V i lll1v uy inr. n.einaers seconded by Mr. Harris with all in favor staff was authorized to advertise a public hearing for intent to utilize the uniform method of collection for the non ad valorem special assessments. THM ORDER OF BUTSIlV Staff Reports A. Attorney Mr. Anderson stated we have an ordinance amendment scheduled to be heard by the County Commission to change the name of the District from Dove Pointe to Heritage Greens. It is supposed to be enacted on November 6. You will notice that all of these resolutions that I have prepared refer to Dove Pointe or Heritage Greens in parenthesis, because by the time we have our November 12 hearing we should have our name change in affect. B. Engineer There not being any, the next item followed. C. Manager There not being any, the next item followed. FOURTH ORDER OF BUSVgESS Supervisor's Requests and Audience Comments Mr. Reinders stated we were hoping to achieve a resignation and new appointment. I guess we could achieve the resignation and still have a quorum and make the appointment in the absence of the party to be appointed. Mr. Ward stated you could, however, if the appointment did not show up at your next meeting, you will be short on Board members. I suggest you leave it the way it is until the new Board member can show up. October 22, 19M EOn M y r. in era secon e y r. arris h all in favor the meeting adjourned at 9:45 A.M. J es P. Ward sistant Secretary 166 16G AGENDA DOVE PORVTE COMMUNITY DEVELOPHM T DISTRICT October 22, 1996 277 N. Collier Boulevard Tuesday Marco Island, Florida 9:00 A.M. 1. Roll Call 2. Consideration of Certain Documents Related to the Issuance of District Bonds 3. Staff Reports A. Attorney B. Engineer C. Manager 4. Supervisor's Requests and Audience Comments 5. Adjournment Naples Daity Nets Nsples, FL 33940 Affidavit of Publication DOVE POINTE COIMMITY DEV. JAMES YARD 10300 NV 11TH MANOR CORAL SPRINGS FL 33071 REFERENCE: OM69 57374433 NOTICE OF NEETINGDOV State of Florida County of Collier Before the undersigned authority, personally •�~areasNthe Assistant Seer" ry of Nat she Daily News, a daily netspaper Naples in Cotlier County, Florida • that the attached copy of advertising was published in said n*Affs�t an date* that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier Canty, Florida, each day and has been entered as second class gait matter at the post office to Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affia further says that M has neither paid nor promised person, firm or coporstion any discount, rebat mm e, commission or refund for the purpos e of securing this advertisement for purpose said newspaper, publication in the PUBLISHED ON: 10/15 AD SPACE: 3.583 INCH FILED ON: 10/15/96 Signature of Affiant Sworn to and Subscribed before me this day Of Personalty known by me a ibe 'oo —Q MOrkt wN be h Oev*bPT*d Nti 00000rdi0m wWim I TW* be more wed o p �aker� 1 Of to dxw*m EaM arDa Oclion #en at � illd mir Ihe mce vabd h record made, kdu*q bd I GMY LMoW 16G r ofter The In Is _ In one or wl be. �ft Ot So to Rped pny Ned a reo�andgfya td iD q p:XrO Of o IB qVW b la be No' --110701 so +fi A:Y/ "how Fsp > t9 am �►RES ""kvm w- RESOLUTION NO. 97- 1 16 '" A RESOLUTIONi OF THE BOARD OF SUPERVISORS OF THE DOVE - POINTE (OR HERITAGE GREENS) COMMUNITY DEVELOPMENT DISTRICT PURSUANT TO RESOLUTION 94 -2, SETTING A PUBLIC HEARING TO BE HELD ON NOVEMBER 12, 1996, AT 9:00 a.m. AT THE OFFICES OF RONTO DEVELOPMENT, 277 NORTH COLLIER BOULEVARD, MARCO ISLAND, FLORIDA, FOR THE PURPOSE OF HEARING PUBLIC COMMENT ON THE LEVY Or NON -AD VALOREM SPECIAL ASSESSX NTS ON CERTAIN PROPERTY WITHIN THE BOUNDARIES OF THE DISTRICT PURSUANT TO CHAPTERS 190, F.S., 170, F.S., AND 197, F.S. WHEREAS, the Board of Supervisors ( "Board ") of the Dove Poine (or Heritage Greens) Community Development District (.,it strict ") has previously adopted Resolution 94 -2, the Initial Assessment Resolution, for implementing the limits, definitions, purpose, intent, location, nature and estimated cost of project improvements to be defrayed partially by certain non -ad valorem special assessments on certain properties within the boundaries of the District; and WHEREAS, the Initial. Assessment Resolution provides for the portion of the estimated cost of the improvements to be defrayed by the non -ad valorem special assessments and provides further for the manner in which such assessments shall be levied, when the levy shall occur, and setting forth and designating the lands upon which the assessment shall be levied, providing for an assessment plat, the preparation of a preliminary assessment roll, and related matters; and WHEREAS, the Initial Resolution of the Board further provides for that notice and conduct of a public hearing to consider the advisability and propriety of the non -ad valorem special assessments and the related project improvements, be effected providing for publication of this resolution; and WHEREAS, pursuant to the Initial Assessment Resolution, 94 -2, a preliminary assessment roll has been prepared and all of the conditions precedent as set forth and applicable provisions of Ch. 190, F.S., 170, F.S., and 197, F.S., pertaining to the notice and conduct of the aforementioned public hearing, has been satisfied and all related documents are available for public inspection at the offices of the District Engineer, Agnoli, Barber & Brundage, are located at 7400 Tamiami Trail North, Suite 200, Naples, Florida; and WHEREAS, there is a presently pending ordinance amendment before the Board of County Commissioners of Collier County, Florida to change the name of the District to the Heritage Greens Community Development District. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE DOVE POINTE (OR HERITAGE GREENS) COMMUNITY DEVELOPMENT DISTRICT, COLLIER COUNTY, FLORIDA: 1. There is hereby declared to be a public hearing to be held at 9:00 a.m., November 12, 1996, at the offices of Ronto Development located at 277 North Collier Boulevard, Marco Island, Florida 34145, for the purpose of hearing questions, comments and objections to the proposed non -ad valorem special assessments and the related project improvements as defined in the preliminary assessment roll, a Copy of which shall be available for public inspection at the offices of the District Engineer Agnoli, Barber & Brundage, 7400 North Tamiami Trail, Suite 200, Naples, Florida. Affected persons may either appear at the hearing or submit their written comments prior to the meeting to the offices of the District Manager, 10300 N.W. 11 Manor, Coral Springs, Florida 33071. 16G assessments will be held at 9:00 a.m., November 12, 1996, at the offices of Ronto Development located at 277 North Collier Boulevard, Marco Island, Florida. All affected property owners have a right to appear at the hearing and to file written comments or objections with the board within ten (10) days of this notice. Actions taken by the Board at this public hearing, or as the hearing may be continued, in adopting the final Assessment Resolution shall be the final adjudication of this subject presented, including the levy of the non -ad valorem special assessments, the ascertainment and declaration of special benefits Peculiar to the property, the fairness and reasonableness of the duty to pay and the rate of assessment, unless proper steps shall be initiated in a court of competent jurisdiction, within ten (10) working days of the date of Board action at the hearing. Any person wishing to appeal any decision of the Board with respect to any matter considered will need a record and may wish to insure that a verbatim record is made. A description of each property to be assessed and the amount to be assessed to each piece or parcel of property may be ascertained by all persons interested at the offices of the District Engineer - Agnoli, Barber and Brundage, Inc., 7400 Tamiami Trail North, Suite 200, Naples, Florida. 2•20101M 16G eq i EXHIBIT "C" NOTICE OF HEARING; TO LEVY AND PROVIDE FOR THE COLLECTION Notice is hereby given that the Board of Supervisors of the Dove Pointe (or Heritage Greens) Community Development District, in Collier County, Florida, will conduct a public hearing to levy special assessments against certain properties within the boundaries of the District, located within the unincorporated area of the County, legally described as: A parcel of land lying in Section 28, Township 48 South, Range 26 East, Collier County, Florida, said parcel of land being more particularly described as follows: Commencing at the northeast corner of said Section 28; thence South 03 "05119" East along the easterly line of the northeast quarter (NEU) of said Section 28 for a distance of 100.08 feet to an intersection with the southerly right -of -way line of Immokalee Road (C.R. 846); thence South 89 010,00" West along said southerly right -of -way line for a distance of 1980.13 feet to the POINT OF BEGINNING of the herein described parcel of land; thence South 03 004106" East for a distance of 1576.35 Feet; thence North 89 009131" East for a distance of 1980.67 feet to an intersection with the said easterly line of the northeast quarter (NEW) of Section 28; thence South 03 005119" East along said easterly line for a distance of 998.38 feet to the southeast corner of the northeast quarter (NEX); thence South 03 005144" East along the easterly line of the southeast quarter (SEW) of said Section 28 for a distance of 2674.92 feet to the southeast corner of said Section 28; thence South 89 011100" West along the southerly line of the said southeast quarter (SEW) of Section 28 for a distance of 2642.14 feet to the southwest corner of the said southeast quarter (SEW) of Section 28; thence North 03 004155" West along the westerly line of the east half (E%) of said Section 28 for a distance of 3342.98 feet to the southeast corner of the east half (EM) of the northeast quarter (NEW) of the southeast quarter (SEU) of the northwest quarter (NWW); thence South 89 010,17" West along the southerly line of said fraction for a distance of 330.19 feet to an intersection with the westerly line of said fraction; thence North 03 004151" West along said westerly line for a distance of 668.55 feet to an intersection with the northerly line of said fraction; thence North 89 010111" East along said northerly line for a distance of 330.18 feet to an intersection with the said westerly line the east half (EH) of Section 28; thence North 03 004155" West along said westerly line for a distance of 1237.04 feet to an intersection with the said southerly line of Immokalee Road (C.R. 846); thence North 89 610100" East along said southerly line for a distance of 661.06 feet to the POINT OF BEGINNING; Containing 251.521 acres of land, more or less. Subject to easements and restrictions of record. The purpose of the special assessments is to fund the cost of certain project improvements as to such properties within the area legally described above, and to authorize the collection and enforcement of such assessments on the official tax notice of the Tax Collector. Project improvements include roads and guardhouse, water, sewer, water management and related systems, facilities and services. Failure to pay these non -ad valorem special assessments may result in a loss of title to the assessed property. A public hearing to receive comments from affected property owners and to authorize the levy and collection of a non -ad valorem special 16G 2. Notice of said hearing shall be mailed to affected property owners at least ten (10) days in advance of the hearing and advertised in accordance with Ch. 190, F.S., 170, F.S., and 197, F.S., as applicable. The District Manager is hereby authorized and instructed to place said notice in a newspaper of general circulation within Collier County pursuant to the requirements of the Initial Assessment Resolution in substantially the form attached hereto as Exhibit "C ". 3. This resolution shall become effective upon its passage. APPROVZD and ADOPTSD this 22;ve of October, 1 ATTEST G Mo ist g r Reinders, Chairman Pointe (or Heritage Greens) Co nity Development District 2- 20102H Fh WND & A'°aKES 16 G WLE. .i. Li L ASSESSMENT METHODOLOGY k FOR DOVE POINT COMMUNITY DEVELOPMENT DISTRICT Updated October 22,1996 1.0 Introduction 1.1 Purpose This report provides a methodology determine the amount of community development district debt to be allocated to properties within the Dove Point Community Development District. The report is designed to be used by the District during the course of its assessment hearings under Chapter 190, F.S. 1.2 Background As described in the report by the District's Engineer, the Dove Point Community Development District Includes 251.6 acres. The developer plans envision all of the property developed into a golf course and approximately 581 residential units. The improvements contemplated by the District and included in the District's Engineer's Report provides Infrastructure which is designed to benefit the residential portions of the District only. The lands for the golf course will receive no improvements under the proposed ,apital Improvement program of the District. Once the land for the golf course is platted, any assessment lien on these properties must be removed, because these lands will receive no benefit from the District's improvement program. 0424 F4 "'Orc" ftkwcY. Suft 275. 0iondo. Raids 32826 ■ (407) 3823256 N FAX (407) 382 -3254 16G The essence of the assessment methodology is a four step process. First, the District Engineer determines the costs for all improvements needed for the buildout of the community. Second, the District Engineer divides these costs into those which are roadway related (including street lighting and other appurtenances and improvements) and those improvements which are not related to the roadways. Third, the costs for providing roadways are divided among the benefiting properties on the basis of the volume of trips that each parcel is projected to generate once it is developed. Finally, the costs for all other improvements are divided among the benefited properties In relationship to their development potential measured on the basis of equivalent dwelling units (ERUs). 2.0 Assessment Methodology 2.1 Overview The District Engineer has developed a master improvement program to support the full development of land In the District. Including inflation, these costs total $4,407,500. Based on these estimated costs, the size of the bond issue needed to generate funds to pay for these construction costs is determined, by the District's Underwriter to total $6,000,000. Initially, none of the land in the District is subdivided or platted. The parcels and their land uses are what the developer plans to provide to the market, however, this is hypothetical until platting occurs. So, Initially, when bonds are issued to support infrastructure In the District, the debt will be spread evenly across all of the land in the District on an acreage basis. As actual development and platting occurs, the precise land use for each platted parcel will be determined. At that time a more precise allocation of debt to the platted parcels can be accomplished, and any lien can be removed from the golf course lands.. The methodology for making these allocations is outlined below. The numerical examples provided are based upon the developer's current land use plans. Should these change over time, the allocations to individual parcels will also change. However, to assure that there will always be sufficient development potential remaining in the undivided property to assure payment of debt service after any plat, the following test will be applied at each plat. The test is that the debt per acre remaining on the unplatted land is never allowed to increase above its initial level. Thus, if the initial debt level is $100 per acre, every time a plat is presented the debt on the land remaining after the plat must remain below $100. If not, then to approve the plat the District will require a density reduction payment to that the $100 per acre is not breached. 2 16G Thus, the debt allocation methodology provided below is really a process by which the District can allocate debt to particular parcels of land at the time of platting. The procedures also assure that debt will not buildup on undeveloped properties creating potential assessment problems. 2.2 Development Program Table 1 outlines the expected development program for the land comprising the District. The program anticipates a mixture of Predominately residential uses as well as extensive amenities. Table 2 provides the estimated absorption schedule for the project. 2.3 Construction Cost Estimates The District Engineer has estimated the costs of all improvements $4,407,500. Table 3 provides the breakdown by type of expense. 2.4 Bond Sizings To generate the funding needed for the proposed construction program, the District plans to issue revenue bonds. The bond size exceeds- the construction estimates for a variety of reasons. Most importantly, the sizing includes the provision for up to 24 months of capitalized irrterest. This allows for the completion of the improvements prior iz to properties for their payment. assessing The bond structure Is anticipated to be a 20 year term bond with level annual debt service. The interest rate is anticipated not to exceed 8.5 %. 2.5 Estimates For Trips and EDUs Table 5 provides an illustration of how the allocation methodology is designed to work. This illustration is based upon the latest land use plan described above. As noted previously, debt related to roadways is allocated among the benefiting parcels on the basis of the volume of trips which each is projected to generate when fully developed. Since the roadways and related improvements were specifically designed to accommodate the traffic generated by the proposed land use plan, this allocation procedure is quite reasonable. It directly allocates debt to specific properties based upon the benefit that each one receives from the development of the District's roadway system. 3 The portion of debt incurred to fund the remaining, 16G Improvement in the District Is allocated to benefiting non road related, basis of development intensity and density. These are measure on the basis of ERUs. For each residential parcel the ERU depend upon the Inverse of the density for each type of product. Single- family detached units are the base and are set at 1 ERU per unit. All other residential properties are measured as the inverse of their densities compared to the single - family unit base. 2.6 Debt Allocation In Table 6 debt Is allocated to each parcel of land depending upon their share of total trips and total ERUs projected for the District at buiidout. The allocations are the product of the calculations in Tables 4 and 5. 2.7 Tax Roll The tax roll for the District will allocate the costs for the infrastructure Initially on an equal acreage basis across all land In the District. As land Is subdivided and platted, each platted parcel will receive a new allocation based upon its specific land use. However, until 'there is a plat, the ultimate land use cannot be determined, nor can the ultimate debt allocated to that parcel. As noted above, the District land includes the golf course which will not receive any improvements or benefit from the District's improvement program. Therefore, at platting any lien on the golf course land will be removed. 4 5 ccoo � Goo cro cs z(j(j GO cD O Go CO r r r U) p O O O O co v Ld c6 ,r 'c L c m CaJ CL= 'v � .� _co 51 65 5 U H CD CL U Z CO Q Z Y Z m I6G �'w CV) C r 8000 0 o co v cr) r N O N Co O co OD (D 0 CD N V- r- r- tc) C L c X@ w S m CL= toE�E Z5 r/ m .� . H '° N c C > co H r m CD ca CL v z cry _a o� z Y S CO co 0 r- -I 6G t ZN N a � 3 §o§ g ug a a a CM 44 v) 0 _Z J ad CO ¢ CO w Q J 0 _Z Q W J Y cc O cc w m C'3 Z Q Q iq Z CL Z R J H O T C3 ca CL z _¢ 8 Q ad Z Y 2 ML tp . 0 T 1 m ca a IR N W _. z U N Q � � O O Z 619. CO t% N O 0 0 N r C m E m L cc .. t c LL N o o = 0 3 U F� cn N 0 166 Ida lu saga Cu cn a� � sag$ oV S 2 y'►��N Nrr Q .J w H N Q a )U)2 rR;z in 3W� NWNT I(A y'►��N Da M Q NN } Q a �ONf. hQ-Zw r Nh IAOrio 8 ry H N N N Q m Q Q '" Ck e e� C V 2 vwi 25 cc LU CY h¢ N NN NNr � F-W m N W w Occ ry t7 v_ c0 zr 1a— w 0_ 003p0 M/HNH -- or W Ol t0 00 a H T x W CL Q QQ Q)� r Fd25 0' �o<•; � n� .: Ov� lo �w�`� N CM �0�� N Q v o0 i 16G T a N S Q CS .e Z 2 LL .C. T W Cq c; pi c r Nh IAOrio 8 ry H N N N x �D fl. CY � t0� CIL CY N NN ttSpp N 4 003p0 M/HNH o N a N 0 �w�`� 0 8 '� • E CM �0�� ` 1 yN� ~' A �Cms� v IC J�o i &,2-!-e3 e- ?$ o �.. s 33 mm us � � � 16G T a N S Q CS .e Z 2 LL 16G G j o r co 0 i co co CM CO CO � U') i(� T r T T S S S Z T x CG1 co CM CO CO � U') i(� T r T T S S S Z o r v/ W U H Z o � � Q U O <o O N N M co CM CO CO � U') i(� T r T T S S S m a 0 r MINUM OF LANDOWNERS MEETING "...;' DOVE POIM COBDfUNITY DE'VELOPBIENr DISTRICT . d of County Commi s s i The landowners meeting of the Dove Pointe Community Development District held on Wednesday, September 25, 1996 at 2:00 P.M., at 277 N. Collier Boulevard, Marco Island, Florida. Present and constituting a quorum were: John Veit Barry Harner (by phone) James Reinders Raymond Harris Charles F. Bailey Ralph Klass James P. Ward Bruce Anderson Bill Snyder 13111; Iron I Mr. Ward called the meeting to order at 2 :00 P.M. SECOND ORDER OF BUSIIMSS Determination of Number of Voting Units Represented Mr. Ward stated I have received a proxy from Mr. Iain Anderson who is the President of the Dove Pointe Development Corporation appointing Mr. James Reinders to vote the units or acres that he has available for the positions of Supervisor. Are there any other landowners present in person or any other proxies currently held in this room who wish to vote today? Hearing none, TED ORDER OFBUSINESS Nominations for the Position of Supervisor (3) Mr. Ward stated there are three Supervisor positions that are up today, two Supervisors will serve a four year term and the third Supervisor will serve a two year term. Mr. Reinders, would you like to nominate three individuals to serve in these positions? Mr. Reinders responded yes. With respect to these expired positions, I would nominate Mr. Ray Harris, Mr. Fred Bailey and myself. Mr. Ward asked are there any other nominations from the floor? none, the nominations for the positions of Supervisor will stand closed. Hearing 1 16G September 25, 1996 16 G FOURTH ORDER OF BUS Casting of Ballots Mr. Ward stated I am now going to pass out to you a ballot for you to fill out and vote. Please fill in the candidates names and the number of votes that each of them will receive. I am also going to pass out to you the original proxy signed by the Dove Pointe Development Corporation. Mr. Reinders asked is there one vote per acre? Mr. Ward responded yes. FIFTH ORDER OF BUSINESS Ballot Tabulation Mr. Ward stated the tabulation of the ballot is as follows: Mr. Reinders received 251 votes, Mr. Harris received 251 and Mr. Bailey received 250 votes. These three Supervisors will be sworn in at the next Dove Pointe C.D.D. meeting and take their positions as Supervisor. SIRTH ORDER OF BUSINESS Landowners Questions or Comments Mr. Reinders asked is it my understanding that the highest vote getters serve a four term and the next highest serves a two year term? Mr. Ward responded that is correct. This landowners meeting was scheduled to be held, pursuant to Statute, in November of 1995, however it was not held. The District is now in a state of financial emergency which means that the District does not have any funds necessary to conduct its business on a day to day basis. The holder of the proxy has advanced the District the necessary funds in order to conduct this landowners meeting and to insure that the three new members of the Board will be elected. I would also like to point out that the four year terms for the two individuals and the two years terms will run from November of 1995 which is the normal landowners meeting dates for a District Board pursuant to Statute. Are there any other questions or comments? Mr. Anderson responded anybody who has not already filed a Financial Disclosure Form will need to do that with Ms. Mary Morgan. Mr. Reinders and Mr. Harris are on another C.D.D. Board and would not need to file again. Mr. Ward stated they need to file an amended return. Mr. Reinders asked is it my understanding that we are currently sitting Supervisors to be sworn in subsequent to the date of this meeting? Mr. Ward responded as soon as we finish this meeting, we are going to call to order the Dove Pointe C.D.D. Board meeting and I will swear you in at that point. 2 September 25, 1996 1613 Mr. Reinders stated Mr. Harper is standing by to tender his resignation. Do we want to do that during the C.D.D. meeting and then have the sitting Supervisors appoint a substitute to replace him? Mr. Ward responded yes. Are there any other landowners questions or comments? Hearing none, The meeting was adjourned at 2:10 P.M. 3 16G AGENDA LANDOWNERS MEEETTNG DOVE POINTE COMMUNTrY DEVEIAPMENT DISTRICT September 25, 1996 277 N. Collier Boulevard Wednesday Marco Island, Florida 2:00 P.M. 1. Call to Order 2. Determination of Number of Voting Units Represented 3. Nominations for the Position of Supervisor (5) 4. Casting of Ballots 5. Ballot Tabulation 6. Landowners Questions or Comments 7. Adjournment Naples Daily News Naples, FL 33940 Affidavit of Publication DOVE POINTE COMMUNITY DEv. JAMES WARD 10300 NW 11TH MANOR CORAL SPRINGS FL 33071 REFERENCE: 027769 57358354 NOTICE OF LANDOWNERS State of Florida County of Collier Before the undersigned authority, personally appeared Nina Iverson, who on oath says that she serves as the Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Osily News is a newspaper published at Maples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail natter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affient further says that he has neither paid nor promised any person, firm or coporstion any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in they said neh "per. I PUBLISHED ON: 09/03 09/10 AD SPACE: 6.250 INCH FILED ON: 09 /10/96 Signature of Affiant ,1764kO P„Q,Qyt� Sworn to and Subscribed before me this day of Personally known by ore ( ^ rf 16G NOTICE OF LAlTgTjERS MEETING wmmunh r T oEVELOPMENT DMTRICT Notice is hereby Oven 10 d kndowen. ers wtft the Dove C CornrrRahty Do. vebpment Distrk} for bonds consisting of approximately 2Sr2 acresr de• scribed as being located In = CcunfY Florida Dpproximately 2 mtes cost of ;der state Highway 74 on the south side of Coun- ty Rood 146 pmmokdce RooA bowhded an the north Dy Canty Road N , ;rwnokolee Root Lo east ev the proposed eh by Owicullural lands, and on to wad loylar. ested unlacbs. advising that a . Meeting purpose , tvt supervisors, for the Date: September 25, N% Time: 20 PA Ploce: 277 N. Collier Boulevard Marco ISIOA Florida 1 Each W* mw mov vote In. person or by I wthn idned Won req est at W= may the d s of the District Mlnannsager 10 00 N. W. i l Manor a ot the above 04d a s� At said D�eOitoo � vote W a� d land owned by him and boated w" the Dis. trid for coo person to be elected. A trot; ton of an we shall be treated as one acre, knmed d* btnw4w the landowners meeting two will be careened the reghlor meeting of �derk v ca �inatters of thin Board to hx** doc- ton of cerld , Distriid ottoer%.and otter such business Oft may carne befare the Board. The Is open to the public and will be conducted In ocrar. . dance with the proVISIOM of F1arldo Low I for Comnuft Developnxt Districts. Each person action taken amt hu meeelk�ls any VISed that person wA need a record of he per need to l acn= verbatim record of the proceedrps Is mode, • hxkhdm the testimony and evb boa upon which such apped Is to be Gary L Mcyw Manager Septemba• 3,10 Nor 157729 Jtx ffh A. Fbnipen CMVAMN P cC=V MV" NWMY tit. 2= 'I� • • sanoEDt>rwahorrswaw+N „ ctahc 166 �,....: 11-9 1, IONIA: D1 1441 31 W 31 :No .6 F KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: JAMES REINDERS And each of them, attorneys and agents, with power of substitution in each of them for and in behalf of the undersigned, to vote as proxy at the meeting of the Landowners of the Dove Pointe Community Development District to be held at 277 N. Collier Boulevard, Marco Island, Florida, Wednesday, September 25, 1996 at 2:00 P.M., followed by the regular business meeting of the Board of Supervisors; said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to, the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the annual meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof, in writing, filed with the Secretary of the Dove Pointe Community Development District. 17OvE ?OrNrE a�V�c.oPM Got Po �hTio�! i,vC C. la*. 4�'( a"��. Votes Entitled To: Number of unplatted acres owned and entitled to vote: 251.43 Number of plated lots owned and entitled to vote: 0 16G OMM $Aram r� •�r r�u r � r•�r� rE: or r r�• r r �• : , r� r The undersigned certifies that he is the owner of land in the Dove Pointe Community Development District (insert or attach legal description of property): and casts his vote(s) for the following The two candidates receiving the highest number of votes shall be elected for a four year term and three candidates shall be elected for a two year term. Name af,Candidate Z?� , I Vliz /Z) S Name: i Address: � %7 /J- /1► 1„�n NumbW avotes �s 1 COLLIER COUNTY PROPERTY APPRAISER � e ABE SI(IMEqI CFA 16G August 27, 1996 Mr. James P. Ward Dove Pointe Community Development District 10300 NW 11th Manor Coral Springs FL 33071 Dear Mr. Ward: Enclosed please find a printout of the properties included in the Dove Pointe Community Development District as we discussed last week. I have indicated the acreage of each parcel in red. If I can be of any further assistance, please do not hesitate to contact me. Sincerely, I Lotte Edwards Director of Customer Service lae Enclosure ..2 a y A Zjl[OL6g�'� h16WBM FLORIDA ASSOCUT )ONa`PROPERTYAPPRA ERS *#JTERMT)OtiALASSOCIATMOFASSESS#4 ORWEW 3301 TarrriW Tial EW # &Aft C-2' N*Plft Fkdlda 33kV 4M . (813) 7748111 • Fic (813) 771,2071 I 1 1 1 ri f„ i K •� o ' r Z W 0 O H Ic ! 1' O � u • W � F 4 Z u O P W u O O L a a 0 c a � c N W C at Y ' r• ..{ r S •� �. .... WAk ; o • tr goo ' •' o N •_ ow was . \Q .. U U. 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K xVr K x?r Xzs. 12070 folow a . %., r f . t : .:1 a:1 :3 f « « « « « « «- r « « « « « «r . « « .«i « « « « « « « « « « « n t fM�� 1 .t ✓r." � 4; qgx at Kx s� .b • rr x.. x X, K' - ``A 't ••• x S R K i , Kxr 414.' �r't. ri,h:':• et'rh xK XX zx ,i'. xz xx . . xx K �, 4 r.' �,..�t.,.. •rW xz x K K xz zx ix K K ec xi zx y� t K X"). zx i X V at xrIm zx X ae oe,c u a' + t U xz),, z me aTtX! ��(. y{ u xz zx U z7� :. d . '' ,•! ts•. •.C•r'' a .4 i „n ;u�Pyi of U xx x ezex u ' xz 61 zx ag Xz � b•}�,�'� meKo .,. zk• :: ,��4,' xV x xz IWO x u 41 U �,,. in j r ) ac u xz X Zx'.. ei , .7: x U z X „i ac x Y N .i.., 4I.. . U xz d XO zx X x J K O xz x ax x� xN J Cx A p O O .+i 0 + '• q j4.' , O xi x C x ,1 ♦ N : O at Y N ` A Zxl- }x.. N 1« W rt /H p :iA.} xK O •, w �” O •r, uj O K EX W < xK X"V i� A x d O Cx ,`d i W d •: t .. U IL r. �� ' Ix •� f n x41 0 �` CX 110 u 4 �. xz CX ' 11a. xz x x eZt at :x K xz w N 1 K N xz a . %., r f . t : .:1 a:1 :3 f « « « « « « «- r « « « « « «r . « « .«i « « « « « « « « « « « Misc. Corres: 16G Date: Z M NUMS OF LANDOWNERS MEETING ,JA;; 0 .7 Item# ko-(� CO �LEp'MENTDIS'I'RI .�rd of County Comnlssfc,: Copies To: The Landowners Meeting of the Board of Supervisors of the Naples Heritage Community Development District was held on Monday, December 9, 1996 at 10:30 A.M. at Young, Van Assenderp & Varnadoe, 801 Laurel Oak Drive, Suite 300, Naples, Florida. F M ORDER OF BUSINESS Call to Order Mr. Ward called the Landowners Meeting to order at 10:45 A.M. SECOND ORDER OF BUSS Determination of Number of Voting Units Represented Mr. Ward stated at this time, we will call for the number of voting units represented. Mr. Curry is present representing 50 units of the landowner U.S. Home Corporation. No other landowners are represented. THIRD ORDER OF BUSINESS Election of a Chairman for the Purpose of Conducting the Landowners Meeting Mr. Ward stated Item 3 is the election of a Chairman for the purpose of conducting the Landowners Meeting. I recommend that I be elected Chairman if that is acceptable to Mr. Curry. Mr. Curry stated I concur with the election of Mr. Ward as Chairman. FOURTH ORDER OF BUSINESS Nominations for the Position of Supervisor (5) Mr. Ward stated there are five candidates for the positions of the five Supervisors of the Naples Heritage Community Development District Board. They are Peter Comeau, Alan Burns, John Agnelli, John F. Stanley and Ray Miller. The two candidates receiving the highest number of votes will serve a four -year term and the three remaining candidates will serve a two -year term. FIFTH ORDER OF BUSINESS Casting of Ballots Mr. Ward stated will the landowners represented please complete your ballots and return them to me for tabulation. SUCTH ORDER OF BUSINESS Ballot Tabulation Mr. Ward stated I have received a ballot from Mr. Curry. Messrs. Comeau and Burns received 50 votes each, Messrs. Agnelli, Stanley and Miller received 49 December 9, 1996 q L G votes each. Those five individuals will be sworn in at the regular meeting of Naples Heritage which will commence upon adjournment of the Landowners Meeting. SEVENTH ORDER OF BUSIlCS9 Landowners Questions or Comments Mr. Ward asked are there any questions from the landowners present? Hearing none, I will adjourn the meeting at 10:58 A.M.. 2 16G AGENDA LANDOWNERS MEETING NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT Monday Young, Van Assenderp & Varnadoe December 9, 1996 801 Laurel Oak Drive 10:30 A.M. Suite 300 Naples, Florida 1. Call to Order 2. Determination of-Number of Voting Units Represented 3. Election of a Chairman for the Purpose of Conducting the Landowners Meeting 4. Nominations for the Position of Supervisor (3) 6. Casting of Ballots 6. Ballot Tabulation 7. Landowners Questions or Comments 8. Adjournment ]DEC 69 '% 10: 56 F P. C S t D 385 755 6781 M 021124919415971 P. 03,,M 1 1 • ► Y �Il 1'.i; !•1 i ;111 1 ♦'M..I;1,r; The undersigned certifies that he is the owner of land in the Naples Heritage Community Devlelopmsnt Dtri isct (Insert or JIUtaeh legal description of mopertyy Bad casts his votes) for the foUowLnr The two Candidates receiving the highsst number of votes shall be elected for a four year tens and three c8ndidates shall be elected for a two year term. Name atCandidate N=n eratVatm SO Se) q cl� Name: Address. 7 e- le DEC-09 -1996 10:46 305 755 6701 ** TOTAL PAGE. 83 s* P.03 e e r . opt" Deity Nave M•pte•, /L 33940 'Affidwrlt of Publication NAPLES HERITAGE COMMITY KWLOMNT DISTRICT 10300 w 11TH NANOR CORAL "RINGS It, 33071 NOTICE OF LANoowwm I NAPLES IEERAGECONAIM -TY DE1A30►AIFJ/T DGTltx7 Now k g Woo W�Nblydkt�LEIHgN�nitpifDIttYD ba•I� ; REFERENCE: cm MOWY 052512 f7394A0S NOTICE Of LArOO1MERi ea�qW M hounded! uL to #AW Od Qwy beaded M Eli ore! GO State Of Ilona County Davis Ealdeevj M � err a •I• � � Mlandewryrs nM t , .,M •�.i r ,. ' Iversen, w appeared Nlrr Iversen, udto on oath says that am that serves as the Assistant ecretarryy of the Naples S Daily Neva, a oily mviper . Dolt Deandow Tkm i PbM that then a Nsplco, In collier caner, Florida that the Detached copy of adva•tlsinl was published In cold neAffienr • Y•INr _ PA�ssa•�l MILar �AhRSuU31D on there listed. Af /lane feather soya that the ma1d Naplas Rally News Is • newspaper published at N%L.O, In •�.d wMF4yFN►Ids31Ns by WAV ale to prtas R Prear•'PtoNy hr- our be cold collier County, Florida, and Ghee the Bata Db• pys,',rsw d to qns of E,e newspaper her heretofore been continuously published to said Collier County, /le►la, each S ay and has been entered as second class all matter at the past office In Naptos, to maid collier County, Florida, . om d Road risd 1, Mw I. Rlt 11. Lbw. eE1dA EM for • period of t roar neat PraeadlnE the first p,bl last icn of the attached DlYrldm aarA prise "IS je o as oft A too" d o1 eve shoo be tad. copy of advertieeaant7 and afflant further eqe that M has neither paid nor praatsed airy 68 person, firs ar soporatton any discount, rebate, commission or refund for the purpose of d Ar � d aw"Id 10 r@VAw d EM iv secwlngt�radvartlseasnt for Publication In the said l nIOfM►f arm" &OWd to baSudi We, r'' r opt" Deity Nave M•pte•, /L 33940 'Affidwrlt of Publication NAPLES HERITAGE COMMITY KWLOMNT DISTRICT 10300 w 11TH NANOR CORAL "RINGS It, 33071 NOTICE OF LANoowwm I NAPLES IEERAGECONAIM -TY DE1A30►AIFJ/T DGTltx7 Now k g Woo W�Nblydkt�LEIHgN�nitpifDIttYD ba•I� ; REFERENCE: cm MOWY 052512 f7394A0S NOTICE Of LArOO1MERi ea�qW M hounded! uL to #AW Od Qwy beaded M Eli ore! GO State Of Ilona County Davis Ealdeevj M � err a of Collis � � Mlandewryrs nM Nfora the I authority, pe la far lM 440V Er" Iversen, w appeared Nlrr Iversen, udto on oath says that am that serves as the Assistant ecretarryy of the Naples S Daily Neva, a oily mviper . Dolt Deandow Tkm i PbM that then a Nsplco, In collier caner, Florida that the Detached copy of adva•tlsinl was published In cold neAffienr • Y•INr _ PA�ssa•�l MILar �AhRSuU31D on there listed. Af /lane feather soya that the ma1d Naplas Rally News Is • newspaper published at N%L.O, In •�.d wMF4yFN►Ids31Ns by WAV ale to prtas R Prear•'PtoNy hr- our be cold collier County, Florida, and Ghee the Bata Db• pys,',rsw d to qns of E,e newspaper her heretofore been continuously published to said Collier County, /le►la, each ( SDI• "�"'• � K W. it N W At EaY -RNyEllp�jp�'�D• ay and has been entered as second class all matter at the past office In Naptos, to maid collier County, Florida, . om d Road risd 1, Mw I. Rlt 11. Lbw. eE1dA EM for • period of t roar neat PraeadlnE the first p,bl last icn of the attached DlYrldm aarA prise "IS je o as oft A too" d o1 eve shoo be tad. copy of advertieeaant7 and afflant further eqe that M has neither paid nor praatsed airy 68 person, firs ar soporatton any discount, rebate, commission or refund for the purpose of d Ar � d aw"Id 10 r@VAw d EM iv secwlngt�radvartlseasnt for Publication In the said l nIOfM►f arm" &OWd to baSudi We, MCA 11NbNCri `N yfD "id W PUDLISIRD ON: 11/13 11122 before N w w •�� am Enid Ca,nlee,Dv _MMSNIr d FNr dD Law A6 SPACE: 6.667 INCH I N FILED ON: 11/25/96 In Signature of Affisnt Sworn to and Subscribed before as the �J:V day of It Psrsatrttr known by No J7� �A•`� Gas MCI Nor or �p�rCGII , dM prior to DM taAss d mm WA No Is � Need IK «drVS Dow Rd a M room May Need IS wobn Im record d the Oro A M LR Which � appeO1 is IS be Ter ' 1&22o Nor Libor 1 •Maih A 7 udW "w'r�.ao 1•■ MINiTM OF MEETINO j.. : :: 6 NAPIM AERITAOE COMMUNM DEVELOPIYII; r DIS'MCr of CQL'1ty Cacti SST . The regular meeting of the Board of Supervisors of the Naples Heritage Community Development District was held Monday, November 18, 1996 at 10:30 A.M. at Young, Van Assenderp be Varnadoe, 801 Laurel Oak Drive, Suite 300, Naples, Florida. Present and constituting a quorum were: Peter Comeau Chairman Alan Burns Vice Chairman ' John J. Agnelli Supervisor John F. Stanley g Raymond Miller Supervisor u� a Also present were: James P. Ward pct Staff Bruce Anderson Attorney Bill McAnly Engineer James Curry Hank Fishkind . Fishkind & Associates, ft ) F MT ORDEit OF BUS Roll CaD Mr. Ward called the meeting to order at 10:40 A.M. and stated that all Supervisors are present. SECOND ORDER OF BUS Sperm � n the Imposition of A. Discussion of Methodology B. Public Continent and Testimony C. ot _ D. Mr. Ward stated Item 2 on your agenda is the public hearing relative to the imposition of your non -ad valorem Special Assessments for Naples Heritage C.D.D. and Item "A" is the Discussion of the Assessment Methodology. Let me tell you the forum that we will utilize for the discussion today and then we will turn it over to the professionals that are handling each of the items for you. First, we will have Mr. McAnly from McAnly Engineering go through with you and advise you what his Engineer's Report includes both in terms of infrastructure requirements for the C.D.D. and the cost estimates that are included relative to November 18, 1996 16G those proposed infrastructure construction requirements of the District itself and secondarily, Dr. Fishkind is with us by telephone today and he will go through with you the methodology that he utilized to determine the benefit that will accrue to the property from the imposition of these Special Assessments and what that means in terms of what the principal amount outstanding will be on each of the lots or parcels of land within Naples Heritage and then how that will be distributed annually across the community. Part "B" of your agenda is the Public Comment and Testimony section and that is when it would be appropriate for the Chairman to open the meeting at that time to listen to any public input relative to the imposition of these assessments and the theory behind that public comment section is to determine if there are any affected property owners who either oppose or do not believe that the imposition of these assessments is fairly spread across their property. Once that is completed, and based upon that public comment and testimony, the Board will act as a Board of Equalization assuming that there is some change that is going to be made by you and, if not, then Mr. Anderson has prepared a resolution for you which essentially concludes with its adoption and attaches to it both the Engineer's Report and the methodology that Dr. Fishkind utilized with any changes that you may have therein. I will ask Mr. McAnly to make his presentation regarding the Engineer's Report. Mr. McAnly stated if you open your copy of the Report to page 3, at the bottom of the page, you will see the acreages involved and the different aspects of the project. There is Residential 74.7 and that is 140 duplexes, 101 single family, 270 four -story buildings, 288 two -story buildings, golf course 88.86; Right -of -Way 36.74; Preserve and Conservation which includes everything colored dark green on the map and that is 279.35 acres; Lakes colored in blue and part of the golf course 74.75; and the Parks and Recreation are the red areas 2.59. In the Report there are descriptions of what the infrastructure is, which are the utilities, but -if you move to page 7, there is a list of all of the infrastructure. The Roadways include the construction of the roadways, the fill dirt it took to construct them to the elevations required; Utilities are, of course, the water and sewer and the other utilities, telephone, cable, etc., and the cost the District has pertaining to the construction of them. The Earthwork is the water management part, the digging of the lakes, and it includes the water management portion of it, it includes the park portion of it, it includes the irrigation lake for the homeowners in the area. The water management is the other cost, it is the cost of the water management 2 November 18, 1996 16G The water management is the other cost, it is the cost of the water ma'liagement structures, Parks and Security includes the fences and it does include the security gates. Wetland Mitigation is a big item and that includes maintenance of the preserve areas and also the initial cost of clearing them and eventually it will be the maintenance under the operating budget. There are descriptions listed in the several pages that follow that. If you turn to page 10, there is the map that shows Phase One and Phase Two. You can see that Phase Two is mostly the development of the residential tracts with the access roads and roads and utilities to serve the parcels. On page 12 are the probable costs for these infrastructures. This is the breakdown of how these numbers came about. Under the Roadway, we have paving, sidewalks, off -site road improvements which include the de- acceleration lanes and what it takes to get into the system. The access roads,, which are the access roads to the condominium property; the multi - family property; street signs; striping; off -site fill material which it took to build the roads up. Under Utilities, we have water distribution, off -site water, roadway lighting, irrigation system for the roadway right -of -ways and the irrigation pump house which is part of the irrigation system. When we get to the Earthwork, that is distributed among several things. The Water Management section of it, and most of the water management is within the golf course property, it is the water management system for the entire project which includes everything, renourishment of the preserve area, drainage of the roads, drainage of the residential property. Then we have the second part of the Excavation, and Earthwork is the irrigation lake which serves the roadway irrigation. It also serves the residential areas and then when we go to Parks and Security, we do have some earthwork there because in the parks there are two lakes. It includes the excavation and the blasting, the total cost for digging those. It includes the gate houses, the fences, walls, landscaping and the earthwork'in the lakes. The Wetland Mitigation is the exotic removal within the preservation areas, the mitigation planning that is going to be required by the permitting conditions and then the next two items are the Professional Fees and the Miscellaneous costs. The Professional Fees are for the design services, the construction services, soils investigation and testing, engineering and construction services, landscaping design and environmental conservation make up what it took to get this construction done. November 18, 1996 16G The Miscellaneous costs include permitting, bonds, construction engineering, inspection services and some for the C.D.D. formation. I went through that quickly because I thought you would have some questions. On page 13 it lists the permits that were involved in that part of the Professional Fees. In your Engineer's Report, you have in the back the costs of Phase One. Phase One is almost completed and paid for. There will be a Phase Two which is what is proposed. The overall cost for development includes not only what is already paid for but what we expect to pay for in the future. On the map that I handed out, it is color coded for where the money went to and I won't get into that unless you have questions. The green is the preservation, the buff color is the lots, red is the recreational sites and grey is the roads and roadways. Mr. Agnelli asked was most of the earthwork the lakes? Mr. McAnly replied all of the earthwork is the lakes. The majority of the lakes are the water management systems. There is some excavation that is not part of the water management system and that includes the irrigation lake which is for irrigating the site and the two lakes at the north end which are going to end up being parks and recreation. If and when we get effluent that one is the lake that will be used, the pipeline is already there, as soon as the County is able to serve it. We can go further into the Engineer's Report if you want to. Most of it is spelled out as far as what the money goes for. If you have any questions, I will be happy to answer them. Mr. Stanley asked why is your acreage for the Residential different from Mr. Fishkind's. Mr. Fishkind stated the acreage that I have is 74.71 and what I got in a fax from Mr. McAnly was in 74.71 acres in Table 2 so I think the Residential is the same now. Mr. McAnly stated the reason that happened is that if you remember at the last meeting we had everything in the Residential. We had the access roads to the condominium in the Residential propertyy and that was decided that that was really C.D.D. maintenance and ownership and we took the access roads out. If you will look at the map you will see that the road that goes in front of the multifamily, that was in the Residential property and now it has been taken out and is part of the roadway systems. Mr. Stanley asked shouldn't our professionals have' the same acreage in their reports to base our decisions on? 4 November 18, 1996 16C Mr. McAnly replied they were given that information on Thursday or Friday as soon as we came up with it. Mr. Stanley stated his report has 86.25 acres. Mr. McAnly stated not on the one I have. Mr. Fishkind stated we sent out a report to the Board before we got the changes from Mr. McAnly that we are talking about now. Mr. Comeau asked based on these acreage changes and based on the methodology adopted, does it change anything in your final methodology or numbers or the parameters upon which this methodology would be adopted today? Mr. Fishkind replied no it does not. Mr. Comeau stated so the methodology and the acreages and the allocations, a lot of it is by unit and there are acreage considerations. Would it be safe to say that the methodology can be adopted without any impact based on cleaning up the report in front of us? Mr. Fishkind replied that is correct. We have that small change that we described with respect to the acreage. We actually have tax I.D. numbers for all of the parcels at the back of the report. Although the acreage number has been updated, the same amount of debt still goes against all of those tax I.D. numbers and that is the critical element. Mr. Comeau stated for our purposes, if we do decide to go forward as a Board, we need to acknowledge that in the report dated the 18th there was a correction in acreages and as far as allocations and methodology it can go forward as far as its intent in total. Mr. Fishkind responded yes, that is my opinion. Mr. Comeau asked are there any more questions for Mr. McAnly at this time? Mr. Stanley asked are Phase Two plans approved yet? Mr. McAnly replied they are in the courthouse and we expect approval in the middle of December with the acreages now shown. They are going to reflect the change in the access road being removed from the Residential property. Until the last meeting, we always assumed that they were going to be part of the Residential and then we learned that it was not. Mr. Stanley stated page 13 of the Report says that Phase Two construction plans will be approved in November. Mr. McAnly stated they may be approved in November but I don't think so, I think it will be December. 0 November 18, 1996 1 C7 Mr. Comeau stated there is an update on Phase Two, all plans have been submitted, all County comments have been answered and at any time approval can occur. Mr. McAnly stated it could come in November. Mr. Stanley stated they have had the plans, given you their comments and you have the corrections they want. Is that where we are? Mr. McAnly replied that is correct. Mr. Comeau stated there is no further request for additional information by County staff. Mr. McAnly stated if the plat gets approved, it could happen in November. Mr. Comeau stated on page 13 it says "All necessary permits for construction of Phase Two will be obtained in December 1996 ". Mr. Stanley stated it says the plans will be approved in November. Mr. McAnly stated the plans are virtually approved now but for Phase Two we have to have the plat approved too, not just the construction plans Mr. Comeau stated it is an administrative review. Would you like some change in the Report to reflect your concern? Mr. Stanley replied no, I just wondered if everything was on course. Mr. McAnly stated for all of the construction plans for Phase Two, December is a very safe date. Mr. Stanley asked is Phase One done? Mr. McAnly replied Phase One is virtually done. We are working on the As Builts now. We have another three quarter inch of asphalt to put down because we put it in two lifts because of the equipment coming in. Mr. Comeau asked are there any more questions on the Engineers Report? There are none. Mr. Fishkind, there are two things that I want to make sure that the Board is aware of up front. The first change, of course, is to make sure that the acreage information is corrected on Table 1, page 1. There is another change that has occurred and that is on page 2. If you look into the proposed financing structure, the estimated cost of construction, item 2, the last sentence of Proposed Financing, it says six months of capitalized interest. The only change in this report is that it is actually going to be carried to eighteen months. With this methodology, the total bond indenture from six months to eighteen months, in order to cover the total cost, becomes $16,645,000.00. The two changes then are the change from six months to eighteen months in the capitalized interest and that one table. We will get copies of this for the Board. One, I would like to have your 1.1 November 18, 1996 16G report and following this meeting we will go ahead, and Mr. Sealy just prepared this, your report for this Board will have to be updated to reflect that new capitalized interest amount and the acreage amount, the correction of Table 1. Then the methodology and the total bond amount can be adopted so we can move forward and at closing of this meeting, just expedite those revisions. The key is the adoption of the methodology and the total dollar amount of interest today. Mr. Fishkind, will you please now go through your report with us. Mr. Fishkind stated my apologies to the Board for not being there. The methodology is composed of a couple of different steps. The first step conceptually is to move from an estimate of cost of construction that Mr. McAnly has gone over with you, which is $13,193,000.00, to a total financing size, which Mr. Comeau has just said is $16,645,000.00. The provision of this infrastructure, drainage, the earthwork, parks and the rest as described, provides benefits to the properties in the District and in particular the properties that are going to benefit from the now 74.71 acres of Residential properties which are scheduled to have 799 total units. It is those units that fundamentally are the ones that are benefitting from the provision of this infrastructure. The most important point is to determine a) whether or not these 799 properties get a special benefit; and b) whether that special benefit exceeds the costs involved which on a finance basis would be the $16,645,000.00. At the end of this report, there is a discussion of that and I make the finding first that these 799 units do get a special benefit different in kind and degree than what the general public gets and it is simple to make that determination because, without this infrastructure, those 799 units couldn't be developed. They can only be developed with the provision of the infrastructure, so they get that special benefit. Other properties outside the District are dependent upon this particular set of infrastructure in order to be developed. While it is true that the general public can drive down some of these District roads, that .is incidental to the ability to be able to develop the units at all. The first thing, yes they get a special benefit. Second, do they get a special benefit that is greater than $16,645,000.00? The answer to that question is also yes. The sellout of the land alone as developed lots would probably be double that or more. There is special benefit well above the costs that are being imposed. The next step in the methodology is to allocate this $16,645,000.00 of total cost in a manner equitable across all of the properties and if you can look on Table 3 of the report, which is on page 3 of my copy, there is a distribution of construction costs where, with Mr. McAnly's help, we have allocated that to three categories: Roadways, Drainage 7 November 18, 1996 16G and Water and Wastewater Each of those cost components is allocated to the units with a specific methodology and that methodology begins on Table 5. The number $15,550,000.00 is now going to increase to $16,645,000.00 but the percentages aren't going to change because that increase in the funding occurs equal and proportionate to each of the three categories of cost, Roadways, Drainage and Water and Wastewater. We found that 38.4% is attributable to Roadways based on the construction budget so we allocate the financing "the bonds" to the categories based on their percentage contribution to construction cost. That is Table 5. In Table 6 we allocate the amount of total debt which will be higher than the $5.9 million shown here to each of the different land use categories based on their trip generation rate using the International Traffic Engineers latest manual to find the trip rate of 9.6 trips per single family duplex and 6.5 trips a day, or .65 as we show here for calculation purposes, and by determining the total number of average daily trips, we can allocate the trips to the units. In Table 7, we describe the allocation procedure for drainage to each of the different units. The drainage ratios are basically an index of density and intensity of development and allow us to allocate the costs on that basis. That is the procedure by which we allocate the total amount attributable to drainage which will increase from the $5.2 million based on the bond funds. In Table 8, we allocate the water and sewer assessments. We make a series of usage ratios based on a study that we have from Collier County. The books came out on the water and sewer usage by the different types of units. The multifamily comes out a little lower because of the way in which the units are used by people who live in them and that allocates the total amount of that attributable for water and sewer improvements and, again, that will increase above $4.3 million because of the new bond sizing. That brings us to table 9 which rolls everything up together and shows the allocation to each of the different categories of units, single family, duplex and multifamily. In the right -hand column, it shows the principal allocation per unit type and that will have to increase some because of the higher bond size. That is the procedure that we suggest the District follow. On page 7 is an extensive discussion of a "true -up" methodology. This plat is being processed now, as I understand it, and we will have acreage and will be approved any day but in case there are variations between the distribution of units that we have now and what finaly occurs, this is a lengthy discussion of a methodology by which we can always assure that there will always be sufficient November 18, 1996 16G . debt paying capacity if there is any change to the Land Use Plan. That is the methodology and what will follow is the Preliminary Special Assessment Tax Roll and we will complete this as soon as we have the acreage numbers for each of these tax I.D. numbers. Those aren't yet available from the County. We know the total acreage will be 74.71 acres and we know the total bond size will be $16,645,000.00. That will be the initial distribution on an acreage basis across all of the Residential land and as soon as the individual acreages become available for each of the tax I.D. numbers, then we will allocate it on that basis. Mr. McAnly stated we do have those things from the County now and we are in the process of running the acreages out. Mr. Fishkind stated as soon as that is available, we will do that. Is that the final plat? Mr.McAnly replied yes, that will be two or three days yet. Mr. Fishkind stated that will be perfect. With the Board's permission then, we will update it and we have the final plat so we don't have to worry about a "true -up" mechanism unless there is a replat. Mr. Comeau stated as a preliminary assessment methodology our main objective is to adopt the methodology with a total bond amount and then prior to final adoption that the final would be submitted the first of December or whatever time is appropriate. Mr. Ward stated yes what we will suggest that you do is based upon the methodology and the changes that have been made relative to the sizing of the bonds and if the Board is in agreement with that, we would like to continue today's meeting to the 25th at a time certain. We will have Mr. Fishkind rerun these numbers for you at the $16,45,000.00 level and the change in the acreage that is associated with it and we have one of the landowners here present today. U.S. Home is here and we will notice the other landowner to that effect. I think at th _nt time we wil be in a position to adopt the resolution with the changes that have been noted at today's public hearing. Mr. Miller stated on page 1 under Background, you say only the Residential acreage will receive benefits to the District. Why won't the clubhouse? The clubhouse is going to be served by water and sewer, I would assume. Mr. Fishkind replied yes it is. The Engineer has carefully determined which costs are District costs and which costs are not District costs and U.S. Home is paying for the service to the clubhouse that the Engineer has described. ,A November 18, 1996 16G You are right, there are those pieces but we are not asking the District to pay for those. Mr. Comeau stated all amenities, all drainage, water, sewer and anything else associated with clubhouse sites and other amenities throughout the community and the maintenance building itself have all been withdrawn from the cost. Mr. Fishkind stated that is a very good point. We worked very hard as a group to make everybody comfortable and to assure that there are no costs that the District was paying that aren't covered by assessment. Mr. Miller stated on Table 7, in your third column, the drainage ratios, where did that come from? Mr. Fishkind replied the drainage ratios are based on an analysis we did for four different Districts where the Engineers have conducted detailed studies of density, intensity and runoff and what I did was to average all four of them together and round them to get those drainage ratios. For example, we find that in a typical duplex situation on an acreage basis, there is about 20% runoff from that kind of parcel that the District's drainage has to deal with. Similarly for the multifamily on a unit basis, because the units are stacked up, there is less drainage than for a single family unit on a proportionate basis. On a multifamily tract because there are more units, there is more total cost associated with it because there is more total runoff from a densely settled multifamily tract. It is less per unit, but more per acre. Mr. Miller stated the Districts that you used to come up with your numbers, are they Districts in Collier County? Mr. Fishkind replied there are two in Collier County and two in Manatee County where the conditions are pretty similar in terms of the amount of drainage that is required. Mr. Comeau asked is that correct? Mr. McAnly replied yes, it worked out about the same as this. Mr. Fishkind stated this is an easy way to boil down a lot of analysis to make something that is manageable administratively and makes sense with respect to what is likely to happen on the ground and on these classifications, we are not required to have mathematical certainty but rather to create reasonable classifications that relate to the amount of service provided. Could these have been a little different? Yes, but I think that we need to have something that is reasonable and I believe that that is the case for these ratios. 10 November 18, 1996 16G Mr. McAnly stated based on units, these are reasonable. Mr. Ward asked are there any other questions from the Board? Mr. Anderson asked in your view, are the benefits resulting from this project over and above any community -wide benefits? Mr. Fishkind replied yes, as I stated earlier, there is a special section in the report beginning at page 8 that first articulates the special benefits that occur here and I think that the Board can base its findings on the fact that without these improvements, these 799 units could not be developed and other properties outside the District don't rely upon this particular infrastructure in order to be able to be permitted and developed. I think that is a fundamental difference and an excellent distinction that describes special benefits that accrue to these 799 units compared to the general public. The second part is that in doing a little work with you and my knowledge of the market for developed lots of this type in Collier County, I can very comfortably say that the total benefits provided' will be far in excess of the costs imposed on these 799 units which are going to be on 74.71 acres. Mr. Comeau stated with the Engineer's Report and until they have the revised methodology, I think it is a good idea to continue this meeting to November 25th at which time we can adopt the methodology. The second would be if the Board desires to give an acknowledgment and acceptance of the total cost of the project and acceptance of Phase One infrastructure. Mr. Anderson stated at least the Phase One water and sewer today. Mr. Comeau stated water, sewer and roads. Phase One includes from 951 to the duplex tract, multifamily. It goes all the way down to Lot 15 and 30. Phase One -A which goes all the way up through the clubhouse site is in for approval, all As Builts, all completions. Phase One is broken down into Phase One -A and Phase One -B which will be completed within the next three weeks. Phase One -A is completed, As Builts are being filed this morning with the County and all documentations and legals have been filed and completed. Mr. Anderson stated not with respect to roads, only with respect to water and sewer. Mr. Comeau asked what do I need since we have an Engineer's Report that addresses both of them? Mr. Anderson stated let's continue the Special Assessment hearing and then we can talk about the acceptances. Mr. Ward stated if the Board is willing, I would like to continue the public hearing until November 25 at 1:00 P.M. If that is satisfactory, I ask for a motion to W November 18, 1996 1 6 G continue your public hearing to November 25th, at 1:00 P.M. at Young, van Assenderp and Varnadoe's office. --, —&- ns.,V,II avcuiiueu oy mr. Manley with all in favor the public hearing was continued to Monday, November 25, 1996 at 1:00 P.M. at Young, van Assenderp & Varnadoe, 801, Laurel Oak Drive,Suite 300, Naples, Florida. Mr. Ward stated if no one has any further questions from Mr. Fishkind, he can leave. Mr. Fishkind stated I will be at the meeting on the 25th with the final report and if you need me further, I will be here. THIRD ORDER OF BUSD4ESS Other Business Mr. Ward stated in terms of your other business, what Mr' had mentioned to you earlier was related to the Phase One facility improvements, most specifically as they relate to the utility turnover from the C.D.D. to Collier County. As you may or may not be aware, in this community, and Collier County specifically, a County Water and Sewer District, by virtue of its power, assumes all of the ownership responsibilities for all of the utility improvements that are constructed by developers or C.D.D.s within this county. As a part of that process we had asked you to authorize us to enter into the necessary agreements with the County at your last Board meeting relative to those improvements. I thought either Mr. McAnly or Mr. Comeau, whoever is most appropriate, could take a minute and go through with you the specific locations of the utility improvements for your information and to authorize us to sign over those utility improvements to Collier County. Mr. Comeau stated the master lift station is in. The sewer has been tied in, the County has authorized U.S. Home to tie in all units into the sewer system. We are at the point where all the turn lanes are in for the roads. Sewer has been tied in, units are being tied in; the master lift station is going hot today. The second lift station is also active, has been hooked up and has a meter. Paving, road, water, sewer, drainage, everything has been completed, for acceptance all the way past the clubhouse site. The paving has continued on and all water and sewer is in for the entire Phase One. All irrigation and everything else is in for Phase One and all we have to do is the completion of the road. For completion for Phase One -A, which runs past the clubhouse site, everything has been "As Built" 12 November 18, 1996 16G Phase One -A, which runs past the clubhouse site, everything has been "As Built" and has been completed for submittal to the County for transfer. I want to make sure that we have another acknowledgment for acceptance of Phase One -A infrastructure for the County. The documentation has been completed by U.S. Home to the C.D.D. and from the C.D.D. to the County and we are trying to get it filed today. Mr. Anderson stated what we are doing is a simultaneous acceptance by the District and a simultaneous conveyance to the County. The documents to the District and the County need some revision to be acceptable to the County Attorney's Office. I ask you to authorize acceptance and conveyance to the County once we have documents that are acceptable to the County Attorney's Office. On MOTION by Mr. Agnelli seconded by Mr. Burns with l all in favor the Board authorized acceptance by the District and conveyance to Collier County once documents are deemed acceptable by the Collier County Attorney's Office. F00rM ORDER OF BUSUSMSS StaffReports A. Attorney Mr. Anderson stated I am pleased to report that at last Tuesday's County Commission Meeting the Naples Heritage Community Development District was approved to exercise additional powers of parks, recreation and security. B. Engineer There not being any, the next item followed. C. Manager There not being any, the next item followed. 4 FIFM ORDER OF BUSINESS Supervisors Requests and Audience Comments Mr. Ward asked are there any requests from the supervisors? There are none. Are there any comments from the audience? There are none. I need a final motion to continue this meeting to November 26th at 1:00 P.M. 13 November 18, 1996 • ••,� —he' saSaavul, ovwuuo" uy an r. cuuuey with all in favor the meeting was continued to Monday, November 25, 1996 at 1 :00 P.M. at Young, van Assende: p & Varnadoe, 801, Laurel Oak Drive,Suite 300, Naples, Ln...sa_ 14 Chairman 16G B Monday November 18,1996 10:30 A.M. 16G AGENDA NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT Young, Van Assenderp & Varnadoe 801 Laurel Oak Drive Suits 300 Naples, Florida 1. Roll Call 2. Public Hearing on the Imposition of Special Assessments A. Discussion of Assessment Methodology B. Public Comment and Testimony C. Equalization of Assessments D. Adoption of Resolution 3. Other Business 4. Staff Reports A. Attorney B. Engineer C. Manger 5. Supervisors Requests and Audience Comments 6. Adjournment Naples Daily Nave Naples, FL 33940 Affidavit of Publication NAPLES HERITAGE COMMUNITY DEVE ,DISTRICT 1 .( iTH MANOR +� 4RMg1of CORAL; SPR N65 FL 33071 �. "�^o , In ColRer COUpn�. REFERENCE: 052512 I +f +bO� a 40 a. 57385531 Request for Proposal __O�r n41g�.-!'Srirq jP�orfRRoo�arNelld Pr state of Florida 1 Vk* and sYrem end ` County of Collier :ibs•; i.�� .7 Before the undersigned authority, personally 1.woleraW saw SyfiemdhdlocDMes •• appeared Nine Iverson, who on oath says that she 3. awlsked �► serves as the Assistant Secrete of the Hoples psi t ry .. Deity Neva, •dally newspaper published at Naples, �• � as in Collier County, Florida • that the attached ..�. copy of advertising was published in said a *�� newspaper an dates Listed. , 10 SWVIM Affient further says that the said Haples Daily ThIsOVkwwiM " . Oct News is a nwspeper published at Naptes, in said to . Dam 2 'CgXX lit :lof • bat Collier Canty, Florida, and that the said and Prsvldmi' ihf'a664 nwspaper has heretofore been continuously as as requhd, Any *-m 1r YldYiW des published in said Collier County, Florida, each Ono to,WWW **miww :erNa's••to M day and has been entered as second class mail cQhats a r"Am Of ft matter at the poet office in Naples, in said Far1rN�1p, s Collier Canty, Florida, for a period of 1 year pp��pip, y next preceding the first publication of the :'T'fie ;OFjy"'Id, t ' attached copy of advertisement; and offient awl w�1r+Imt �• further says that he has neither paid nor promised at CortsuNammh any person, firm or coporation any discount, ' -D wed . Su6 rebate, commission or refund for the purpose of � , '. � � securing this advertisement for publication in the I IMwr 111 said newspaper. t !1N+oyrfhYRle�f'Z7 + a( PUBLISHED ON: 1106Pr811K! • y T • 1fle� W. 1 ifOVermlblr' i �' ` . N0. D17O/ AD SPACE: 5.000 INCH FILED ON: 11/06/96 Signature of Alf iont Sworn to end Subscribed before amt this W"L day of ,)tw 193 0 Personally knwwn by N duft A. RsR19- w calmsmom 0 cO=m ERPSIEB iOm�111pF �fMIM{mMRS,R is Lt`• r 16G . -'M • Naples Deily News 1 6 G Naples, FL 33940 Affidavit of Publication - -- --- -- -- -- -- i----- »---- NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT 10100 1M 11TH RAW$ CORAL volm FL "On REFERENCE: 052512 57384974 NOTICE OF HEARING TO State of Florida County of Collier Before the undersigned authority, person&tty appeared Nina Iverson, who on oath says that she serves as the Assistant secretary of the Naples Gaily News, a daily newspaper published at Naples, in Collier County, Ftorids : that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class meit natter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, fire or coporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publicstion in the said newspaper. PUBLISHED ON: 10/29 11/05 AD SPACE: 11.666 INCH FILED ON: 11/05/96 ------------------- ---- -x Signature of Affiant NOTICE OF HEARING TO LEVY AM PROVIDE FOR THE COLLECTION AND ENFORCEMENT OF CERTAIN NON-AD VALOREM SPECIAL ASSESSMENTS Is hw*v " W NK Board of Suw4sorS of the Naples for 1377.19 fW' t it tam run NW3,1`24V for Section 9, Towrul IN of sold Sects run Ni9W44"W them run N000 of it* Northmm 1 Nne of N» East to the South RIp OW o as" ca 2f31.1f het an k of NSrIli4'E NW 17'51'E for S0o•2i'Ot'E for i SacNon 4; thence 04ghft and The thhee nmft as to such a fl• Nierlct run 500'S1'3S'1M, abrq said RIOM , I'47'a'W for 4971.94 fed to too wesi Ine of sold Section along sold Weal ft for 35111S leer thou run ente run SW41VIOE for 700.57 fed to the South IrK d Range 26 Bost; Nw run HI9'44'00'W al" the South 136 het, itme run N00'43'07'W for 04M hot tam d io the WeSt bw of NK EaO onefidf of sold Sedlon t, sad West Inc for 4856.21 feet to the Nwtmvst caner f sold Section f NKnce run N00'Q'29'W, don the West lion 4, TOWnship 50 Sw^ Rage 26 Eost tar 2&" fed srsierN for 2246.00 het so10 having a rrodko oaf ol 46'46', a chord d 21I 77 fat and o chord bearhg 4 t0n0ennr, therm oOMMiue dong sold R Way, Nratce run Ni9 IVIS'E for 6aa feet � run terras S89'OrSYW for 646,66 feet b the East Ira of Said do" more or Ea Inc, for 140S.fa her to the Foil d �ar o hkOdlh odbov %and io auohorin the h acussr its on the ofbdd lax naft d to Tax Col. A roads orb sec rNlr, woMr, sewer, htodloR gofer locUles ad ser*m Fahn le pan MKw non-ad va• sirwn may «sill In a Ira of 21111110 M 00MOd propertlr. A pebk to kvy convwft mead val et�rt *odd aN� N be kid d 11� None w or sonablonm of ft duty lo Day MOW In oil a Court of Canpal Board Odlofl at NN hearing. An respect to any matter waldere tim record b mode. ben} i Van ci ft PA, 011 Laird Oak Drive, Soft 30k owners how o rrfi��Nf M al Nit iKarMO 1dNt NN OoofO ttdtdn tut (Wo days d Ntb ww of th pubic Main4 or as NK hearing man be Col t. W* ResoluMan shalt 6e NK fled as dafion of tMs sa d to 9 , b no le le to m ` Nx aecsr• Nit ldrfrtss std pro- nd. We roe al urbess proper fps sholl be wiNtin iIn ( workbg days d Hie d* a any &dilon it �retord and may wish % kount that a rerOt: A desptorrlpctelton aprogopc�h y tD De assessed adb Nprae anorrif to be assessed to and AAr�.Anty ErgirK�x rg f� Desb�n, Inc, s1o�1aE TorNortd T a�, sail dirav�let,, F�iormd 34111 October 29, Nov. S No. NXI Sworn to and Subscribed before me this .s day of "' 1g4 Personally known by at it1t,� judkh A. Flanigan HAY lwZMAISSroN I CCliOM E IFIES Fsbn" 19.2000 a±•� aumro TIM rrar FAIN amnmavra, src. t rafis�ea. JA" . MINUTES OF A1EET'ING NAPLES HERITAGE E ::,rd of County Cormtissi:. C0MMUNITYDEVEL0PA1ENTDISMCT 16G The recessed meeting of November 18, 1996 of the Board of Supervisors of the Naples Heritage Community Development District was reconvened on Monday, November 25, 1996 at 1:00 P.M. at Young, Van Assenderp & Varnadoe, 801 Laurel Oak Drive, Suite 300, Naples, Florida. Present and constituting a quorum were: Peter Comeau Alan Burns John J. Agnelli John F. Stanley Raymond Miller Also present were: James P. Ward Bruce Anderson Bill McAnly Art Diamond Chairman Vice Chairman Supervisor Supervisor 7 Supervisor 1(6, C-1 District Staff Attorney Engineer Fishkind & Associates Roll Call Mr. Ward called the meeting to order at 1:00 P.M. and stated that all Supervisors are present with the exception of Mr. Burns and Mr. Miller who were absent at roll call. SECOND ORDER OF BUSDMSSS Public Hearing on the Imposition of Special Assessments A. Discussion of Assessment Methodology Mr. Ward stated the purpose of your continued meeting today is to deal with the Public Hearing relative to the imposition of your non -ad valorem special assessments for the capital improvement bond issue of this community. Mr. Diamond with Fishkind & Associates is with us today and I think it would be appropriate for Mr. Diamond to take a few minutes and go through with you the proposed Assessment Methodology and the changes that have been incorporated into this program based upon his comments from the last Board meeting on November 18th. The record will reflect that Mr. Burns has joined the meeting. November 25, 1996 16G Mr. Diamond stated generally the Assessment Methodology is a method of measuring the distribution of benefits put on the land through the funding of the construction and/or acquisition of infrastructure for the District. It is necessary to measure these benefits with relation to acreage prior to any residential units being platted and to residential units both in number and type that are platted, in order to distribute these benefits or measure the distribution of benefits ultimately to the residential units. As a result, each type of residential unit will share in paying back the debt incurred when you funded the benefits of the infrastructure that produced the benefits. The structure of this particular Assessment Methodology is relatively simple. It attempts to distribute the benefit and obligation to pay for those benefits to three categories of benefit. One being roadway related, another one being drainage related and the third one being water and sewer related including an irrigation system. The method by which we use to determine what the benefits are and how to measure these benefits, the roadway related benefits and the assessments connected with those benefits, is relatively simple to do because we use a standard that is promulgated by a manual that the Traffic Engineers put out. In that manual they do a lot of studies about different types of residential product and what the average daily trips are so we can work up a ratio with regard to the different type of products such as roadway related benefits. The drainage is a little more complicated in that we are talking about water running off the land but we can make a fairly reasonable ratio with regard to those three products and we have done that. As far as the water and sewer, there is a known standard that runs between 250 and 350 gallons a day for the average residential unit. Based on that and plus the fact that the multi- family units usually have smaller families than the residential, we have established ratios which are reasonable in our estimate and serve to distribute both the benefit and cost of that benefit to the various residential products. Mr. Ward stated the record will reflect that Mr. Miller has joined the meeting. Mr. Diamond stated we have taken the construction costs which were estimated by the Engineer and have broken them down into the three areas of benefit which is shown in table three on page three, which are roadway related, drainage and water and sewer. Certain categories such as engineering and miscellaneous costs have to be distributed evenly across the Board because a little bit of each is accrued to each category. For example, paving and street lighting 2 November 25, 1996 16G are clearly roadway related and master drainage and lake maintenance are clearly drainage related, etc. The reason for doing that is that you have one bond issue that the District is selling and there is a responsibility to pay it back. We have done that by establishing what the percentage of the construction costs are with regard to each category. For instance, there is a certain amount of construction cost devoted to roadways as to drainage and water and sewer. Those percentages then apply against the total principal of the 1997 bonds. Right now that principal is estimated at $16,425,000. On page four, table five illustrates the percentage of responsibility for paying the principal amount back to the three categories. On the bottom of 'page four we get into the allocation of the special assessments and explain why we are assessing each type of unit in the percentages that we have chosen. That then involves the ratios that I had alluded to earlier. We do the same thing with drainage as we do with water and sewer. There is a description of the planned construction for each of these categories on page five and I would like to point out to you that on the bottom of page five and the top of page six, when we discuss water and sewer related benefits and costs, we also mention the fact that there is a planned irrigation system. Most of this verbiage has come from the Engineer's Report. In table nine on page six, we add all of these things up which tells us what the responsibility is for each residential unit with regard to the paydown that is caused by the funding of these improvements and the selling of the 1997 bonds. As units are sold, they are paid down and their responsibility for paying that principal amount that the land incurs initially is then paid off as these units are sold. The one thing that I think is important to remember is that right now the District has planned for 799 units in the residential area., 101 single - family, 140 duplexes and 558 multi- family. That is going to change over time or may not but experience teaches us that the market changes. So as these units are being sold, there may be a different mix rather than 799. The most important thing to remember is that the District has borrowed money and has incurred a debt and that debt has to be paid back. Regardless of how this mix turns out eventually, the reality is if he is going to pay down these units and as he sells them, he has to adhere to the fact that there is an obligation on those bonds to be paid. There is what we call a "true -up" methodology which looks at the product mix from time to time and in effect, 'true's -up" the obligation of the Developer to pay off the obligation incurred by the bonds. We have not yet received numbers 3 November 25, 1996 1bG from the Engineer with regard to acreages on the various properties that are on the tax roll. You have a total obligation which was the $16,425,000 amount and a total acreage on residential which is 74 acres. You will receive the Final Assessment Methodology when the bonds are sold and we know exactly how much the principal amount is, what the interest rate is, etc. You will receive the same report but with the numbers that stem from the actual bond amount. In your last few pages, you will see actual amounts against various parcels. Mr. Comeau asked would you say that the value of the infrastructure of the bonds that was going in place long term exceeds the bond value? Mr. Diamond responded we have a paragraph before the Preliminary Tax Roll which says that the special benefit exceeds the costs allocated to pay for them. It is clearly the fact that they do because of the value of the land after the improvements are installed is way above what we had borrowed. That is why we make that statement. Mr. Comeau asked is it 17 months or 18 months? Mr. Diamond responded in my estimation, it is at least 17 months because interest starts to accrue on December 1, 1996 and ends on May 1, 1998. I do not think there is any reason why you cannot run it 18 months. Right now the preliminary that I have seen indicates 17 months. Mr. Stanley asked is the $16,000,000 amount the principal and interest? Mr. Diamond responded it is just principal. Mr. Stanley stated the construction costs are only $13,000,000. Mr. Diamond stated that is correct. Mr. Stanley stated according to the report, you added in capitalized interest and debt service fees. Is that how you get to the $16,000,000 amount? Mr. Diamond responded yes. Mr. Stanley stated so it not just principal. It is principal of the construction costs. Mr. Diamond stated what you saying is correct. That is what we call the principal amount on the bond. It includes most construction and financing costs. I understand where the question is coming from. Mr. Anderson stated I have two language changes to the Methodology Report that I have discussed with Mr. Diamond. On page one, where it lists items one through five which ar•C L.ie services that the District plans to provide, for number three we would add after wastewater systems "(includes irrigation 4 November 25, 1996 16C water) ". In item number four, we would be inserting the word "parks" before the word "recreational" and after the word "facilities ", we would add "and security". The paragraph that is just below that list would read "it is anticipated that the water management and control systems, road, security and irrigation system will be owned, operated and maintained by the District or operated and maintained by the development's Property Owners Association ". Mr. McAnly stated it is my understanding that the water management facilities might not be owned by the District but in an easement lease because the water management facilities in the golf course would be owned by the golf course. Is that correct? The control structures are in there too. I thought that the District would have an easement for it but not actually own it. Mr. Anderson asked would the District actually own the control structure? Mr. McAnly responded the land that they own is within the golf course for the most part. Mr. Miller stated but they are within the lakes. Mr. McAnly stated it made sense that the District would own the lakes and then it came out that the lakes are part of the golf course. They actually own the system but they do not actually own the land that is on it. They have an easement for it. That was the understanding that I got at the last meeting. I also talked with Mr. Fishkind. Mr. Comeau stated I spoke with Mr. Fishkind as well and the way it works is that since we did that detailed map, it is just the land of the golf course. If you look at all the lakes, they are all pulled out. There is a 20 foot maintenance easement in and around the entire lake which is part of the lake ownership as part of that golf course ownership. Therefore, because of that maintenance easement, those structures lie within the maintenance easement of the lakes. Mr. McAnly stated then we would have the problem of having to describe those. If we are doing to deed the lakes to the District, they are not tracked off so we would have to write a valid description for them. Mr. Comeau stated if you look at your map, the only thing that is not included in the actual golf course itself, is excluded from it and the lakes themselves are owned and maintained by the District. Mr. McAnly stated I thought that was changed. If it is not, we have to come up with a methodology to describe them. Mr. Comeau stated that might be the case but as far as Mr. Diamond's Report and the water management and acreage for the lakes, his Report and November 25, 1996 16G allocations are correct and on -line and there are no variations. As far as the final conveyance between the golf course and the Water Management District support systems, we can review that. His allocations do properly reflect the Methodology that can hopefully be adopted today. Mr. Ward asked can we get back to the Public Hearing? Maybe that would be a subject as a later item. Mr. Comeau responded yes. Mr. Anderson stated on page eight of the Methodology Report, the second to the last line where it says "1009 of the developable land", the word "residential' should be inserted between "developable" and "land". Mr. Ward _asked are those all of your changes, Mr. Anderson? Mr. Anderson responded yes. Mr. Ward asked are there any questions or comments from the Board relative to this item? Hearing none, this is a Public Hearing and I would suggest that you go ahead and open your meeting up at this time for any public comment and testimony you may have. R Public Comment and Tesd=ny Mr. Comeau stated I will now open up the Public Hearing which has been properly advertised for the preliminary adoption of the Special Assessment Methodology. Mr. Ward stated if there is no public comment or testimony to receive relative to this proposed special assessment, a motion to close your Public Hearing would be in order. LMOTION by Mr. tan ey seconde y Mr. h all in favor Public Hearing on the imposi cial assessments was closed. C. Equalization of Assessments Mr. Ward stated you normally would act as an Equalization Board in the event that you had any public comment or testimony relative to these particular assessments. Since you have none, Mr. Anderson has prepared a Resolution and I will let him go through that with you. Once he does that, a motion to adopt the Resolution would be in order. D. Adoption of Resolution Mr. Anderson stated this is the same Resolution that I passed out to you last week. I merely updated it to reflect the fact that this is a continued Public November 25, 1996 16C* Hearing from last week. I have inserted the estimated cost of the project improvements and the costs when you include the cost of financing. At this time, You will adopt the special assessment roll. After the project improvements have been finally constructed, if there is a difference in the estimated cost and final costs, you will meet again as a Board to finalize these assessments. Otherwise, it would be appropriate to move to approve Resolution 97 -15 imposing the special assessments. There will be two Exhibits to the Resolution, Mr. McAnly's Engineering Report and Mr. Diamond's Report from Fishkind & Associates on the Assessment Methodology. Mr. Ward asked are there any questions relative to the Resolution? Hearing none, .W11 trty lviv ay mr. Agnelli seconded by Mr. Stanley wi in avor Resolution 97 -15 relating to the imposition, levy, collection and enforcement of certain non -ad valorem special assessments to provide project improvements on property within the District (known as the Naples Heritage, Planned Unit Development) constituting the Assessment Resolution; equalizing, approving, confirming, apportioning, levying and declaring special assessments; indicating the location, nature and estimated cost of the project improvements whose cost is to be defrayed by the non -ad valorem special assessments; providing these portions of the estimated costs of the project improvements to be defrayed by the non -ad valorem special assessments; providing the manner in which such non -ad valorem special assessments shall be imposed, levied and collected; providing when the imposition and levy shall take place; designating the lands upon which the non -ad valorem special assessments shall be levied; providing for an Assessment Plat; approving and adopting the Final Assessment Roll; providing for severability and conflict and roviding an effective date was adopted_ Mr. Ward stated your next meeting is scheduled for December 9, 1996 at 10:30 A.M. Based upon the financing team, we intend to have a Bond Purchase Agreement from your Underwriter which is Prager, McCarthy & Sealy. I think they are either mailing the P.O.S. today or tomorrow. The meeting on December 9th will be a landowners election and subsequent to that election, you will go through the same thing that I went through two weeks ago. Mr. Comeau stated after the December 9th meeting, we will not meet again until January. Is that correct? 7 I November 25, 1996 16C ' Mr. Ward stated that is correct. I think January 13th is your next scheduled meeting. You will do a lot at the December 9th meeting. We have a landowners election and then the award for the bonds. y . urns seconded n r Y Mr-.-)Fgn—elli wi in favor the meeting was adjourned at 1:30 P.M. Ja es P. Ward Peter omeau cretary Chairman 0 r AGENDA 16G NAPLES HERITAGE CON04LJNM DEVELOPMENT DISTRICT Monday November 2b, 1996 Young, Van Assenderp & Varnadoe 10:00 P.M. 801 Laurel Oak Drive Suite Soo 1• Roll Call Naples, Florida 2• Public Hearing on the Imposition of Special Assessments A • Discussion of Assessment Methodology B. Public Comment and Testimony C • Equalization of Assessments D. Adoption of Resolution 3. Other Business 4. Adjournment 0 z 16G RESOLUTION NO. 97 -1_ A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT OF COLLIER COUNTY, RELATING TO THE IMPOSITION, LEVY, COLLECTION AND ENFORCEMENT OF CERTAIN NON -AD VALOREM SPECIAL ASSESSMENTS TO PROVIDE PROJECT IMPROVEMENTS ON PROPERTY WITHIN THE DISTRICT (KNOWN AS THE NAPLES HERITAGE PLANNED UNIT DEVELOPMENT) CONSTITUTING THE ASSESSMENT RESOLUTION; EQUALIZING, APPROVING, CONFIRMING, APPORTIONING, LEVYING AND DECLARING SPECIAL ASSESSMENTS; INDICATING THE LOCATION, NATURE AND ESTIMATED COST OF THE PROJECT IMPROVEMENTS WHERE COST IS TO BE DEFRAYED BY THE NON -AD VALOREM SPECIAL ASSESSMENTS; PROVIDING THESE PORTIONS OF THE ESTIMATED COSTS OF THE PROJECT IMPROVEMENTS TO BE DEFRAYED BY THE NON -AD VALOREM SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH SUCH NON -AD VALOREM SPECIAL ASSESSMENTS SHALL BE IMPOSED, LEVIED AND COLLECTED; PROVIDING WHEN THE IMPOSITION AND LEVY SHALL TAKE PLACE; DESIGNATING THE LANDS UPON WHICH THE NON -AD VALOREM SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR AN ASSESSMENT PLAT; APPROVING AND ADOPTING THE FINAL ASSESSMENT ROLL; PROVIDING FOR SEVERABILITY AND CONFLICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board has adopted Resolution 97 -13 determining to make or cause to be made certain project improvements and defray the expense thereof by non -ad valorem special assessments ("special assessments", "assessments ") , and has published Resolution 97 -13 in accord with Section 170.05, Florida Statutes; and WHEREAS, pursuant to Section 170.07, Florida Statutes, the Board adopted Resolution 97 -14 setting a public hearing for November 18, 1996 at 10 :30 a.m. at the offices Of Young, van Assenderp and Varnadoe, P.A., 801 Laurel Oak Drive, Suite 300, Naples, Florida for the purpose of hearing public comment on the levy of the non -ad valorem special assessments and notice of such public hearing has been given by publication and by mail as required by Section 170.07, Florida Statutes; and WMMZAS, PUrauant to Section 1'70,08, Florida Statutes, Board did meet an an equalizing board and held a publics hearingtan November 18, 1996, at 10:30 a.m., and a continued public hearing on November 25, 1996 at 1:00 p.m. at the same location to receive testimony from affected property owners as to the propriety and advisability of making the project improvements and funding them with special assessments on property within the District as to the 16G cost thereof, as to the manner of payment therefor, and as to the amount thereof to be assessed against each property so improved; and WHEREAS, the Board is empowered by its charter and is authorized to provide the project improvements, to issue special assessment bonds and to amortize those bonds by the levy of non -ad valorem special assessments on property; and WHEREAS, the District has ascertained and determined that special benefits shall accrue peculiar to the parcels of property involved, over and above any general community -wide benefits, from the systems, facilities and services constituting the project improvements, and that the duty per parcel to pay for these benefits shall be in proportion, that is, fairly and reasonably apportioned per parcel, as set forth in Exhibit "B ", attached hereto and incorporated herein by reference; and WHEREAS, the District has determined that the non -ad valorem special assessments shall not exceed the special and peculiar benefits to the property, and has adjusted and equalized the assessments on a basis of justice and right. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT, COLLIER COUNTY, FLORIDA: 1. This resolution is adopted pursuant to the provisions of Section 170.08, Florida Statutes. The findings and determinations set forth in the above Whereas clauses are true and correct and by this reference are incorporated herein. 2. This resolution constitutes the assessment resolution, following the Board having met as an equalizing board to hear and consider any and all complaints as to the special assessments and having adjusted and equalized the assessments on a basis of justice and right. 3. The nature and related aspects of project improvements, including the location of the improvements, are as set forth in Exhibit "A ", attached hereto, with more specific drawings of plans and specifications on file in the offices of the District Engineer. 4. The special assessments shall be levied on all lots and lands adjoining and contiguous or bounding and abutting upon such improvements or specially benefitted thereby and further designated by the assessment plat hereinafter provided for. 5. The estimated cost of the project improvements is $13,193,000.00 (hereinafter referred to as the "Estimated Cost ,,). -2- 16G 6. The particular non -ad valorem special assessments will defray approximately $16,425,000.00 which includes the Estimated Cost, plus financing, related costs, capitalized interest, debt service reserve and contingency. 7. The manner in which the assessment shall be made set forth in Exhibit "Bit, attached hereto. is as 8. The offices of the District Engineer, McAnly Engineering and Design Inc., are located at 5101 Tamiami Trail East, Suite 202, Naples, Florida. 9. At the referenced location, the District Engineer has available for inspection an assessment plat showing the land areas to be assessed, complete with plans and specifications describing the project improvements, delineating the Estimated Cost; these documents will be open to inspection by the public. 10. In the event the actual cost of the improvements exceeds the Estimated Costs, such excess shall also be paid by the District from additional assessments on the specially and peculiarly benefitted property on the assessment plat, or, alternatively, from contributions from other entities, as and when authorized specifically by the Board. 11. It is hereby ascertained, determined and declared that the project improvements as set forth in Exhibit "A" shall result in special benefits peculiar to the parcels of property involved, over and above any general community -wide benefit; it is further ascertained, determined and declared that among the special benefits so derived is the added use and enjoyment of the property. 12. It is hereby ascertained, determined and declared that the apportionment of the duty of each parcel owner to pay the particular non -ad valorem special assessment, the subject of this assessment resolution, shall be based upon the total equivalent units as set forth in the assessment methodology and related provisions of Exhibit "B" so that, thereby, the duty to pay is fairly and reasonably apportioned so as not to exceed the amount of special benefit peculiar to each parcel of property. 13. Based upon this determination, ascertainment and declaration of special and peculiar benefit to property and of the duty to pay apportioned in a fair and reasonable manner, and limited by such determination, ascertainment and declaration, the final assessment roll as set forth in Exhibit "Bit, which shows the lots and lands assessed and the amount of the non -ad valorem special assessment levied against each parcel of property, on a fair and reasonable basis, and the number of annual installments as to which each such assessment is divided is hereby approved and adopted. Such special assessments shall constitute legal, valid and binding first liens upon the property against which such -3- assessments are made until paid; however, upon completion of the improvements, the District shall credit to each of the assessments thl difference in the assessment as originally made, approved, and confirmed and the proportionate part of the actual cost of the improvements to be paid by special assessments as the determined upon the completion of the improvements, but in no event shall the final assessment exceed the amount of benefits originally assessed., 14. Commencing within the year the non -ad valorem special assessments are first levied, they shall be paid in not more than five (5) annual installments. 15. Severability. If any section or part of a section of this Resolution shall be declared invalid or unconstitutional, the validity, force and effect of any other section or section of this Resolution shall not thereby art of a impaired unless it clearly Y be affected or such other section or of a section of this Resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. 16. Conflicts. All resolutions, or parts thereof in conflict herewith are to the extent of such conflict, hereby superseded and repealed. 17. This resolution shall take effect upon its adoption. APPROVED and ADOPTED this 25th day o N Attest: ary Mo Secretary and District Manager 2•MICDD \a2se29.res -4- v- _%_ 1996. Peter R. Comeau, Chairman Naples Heritage Community Development District 16G x 8r� 4.4 •1 F � iu Cr ,4-- Z-0 C Z = •- o,o �4.s a u�� o.o1 ts, w�5i W`:: 0 LM sq4 W o <aS LL zt LU °P 1=A Z V <Z°< A oCOw o L Z y g o' O a who � o PRELIMINARY LIMITED OFFERING MEMORANDUM DATED NOVEMBER 22, 1996 16G NEW ISSUE - BOOK -ENTRY ONLY LIED OFF � Rrtvr NOT RATED In the opinion cs B nd �ou Isel, under existingg seat�ltes, « ulalions rulings and court deci io s nd assuming compliance w1 the tax cgvenan desert d ere n, interest on the 79 6 t10 d t exgludabk from rosy income for�ecleral t come Tax pu ses, tnd'is not an uem of tax f frence �or urpos s of he federal' hlemative In,91m m �r s income for indw ua s uch 'n er. st however t�l be ' luda le to tfe q p $ MATRS�" hereto roar i certain other t x on�ideratlons.oBond oun$$of is t Yrthar of the oppttnlon coat b�e t 996m� orSperA 220, s thefeon are ex mpt from talcation under th �aws flthe State pf lorlda, except as to este o info �Th axes 1996 Bonds and the 220, Florida Statutes, on interest, income or proms on debt obligations owned by corporations, as detind ins ter 22� $16 425 oao* P NAPLES HERITAGE COMMKINK DEVELOPMENT DISTRICT Capital Improvement Revenue Florida) B Bonds, Dated: December I, 1996 Series 1996 Series 11996 (the ' 1996 ©on�s ") are be ng iseb Development api les lien (Collier Commun at Ithe tixedrrate set f rill below, calculated on the basisoof a5360 or integral coma& of Cede & Cocas registered owner aned nominee fori7Fte Depository Trust Comp no, beneficial i ppid from the sources Bonds will lomade 6Firsst Un on Nailonal dank of FI and disbursementtt the f sucfi pay cots torthe thereof, - owners iof uch payments to o1 as more fully described herein. Any purchaser as a beneficial owner of a 1996 Bond who is or acts throe h a DTC Iarticipant to receive payment of the orincin " DESCRIPTION OF lop. tow; nAmne Proceeds of the 1996 Bonds will be equipping of roadways, potable water and management, parks and security and wetlan Reserve Fund; pay capitalized interest on th in accordance with he Unifoi by Ordinance No. 96 -57 adol the Act and a Master Trust In and entered into by and betty, herein shall have the meaning Estate, which includes the I District from non -ad valorem 1996 Project or any portion i Due: November 1, as shown below Florida) Capital Improvement Revenue Bonds, ty Development District (the "District ") only in pies thereof. The 1996 Bonds will bear interest wd of twelve thirty -day months, payable semi. ids when issued will bye registered in the name ( "1�TC "), New fork, New York. Purchases of ugly, principal of and interest on the 1996 Bonds rida Miami, Florida, as trustee (the "Trustee "), ie D`TC Participants is the responsibility of DT D smain Participants antaccount with a broker or deale> 11 of and interest on such 1996 Bonds. See used to finance a portion of the Cost of the acquisition, construction, installation and wastewater collection /transmission and irrigation systems earthwork, stormwater d mitiggation (collectively, the "1996 Project'), fund the 199ti Reserve Account of the e 199 Bonds through May 1, 1998 and pay the costs of issuance of the 1996 Bonds. the District, a local unit of special - ppurpose government of the State of Florida, created ityDevelopmeni District Act of 1980 C ha ter 190, $�� Per County, Florida it September t( 1996. The IMon s.Fe be ngnissued p�ursuant to rcpt and the T stee (eollecttvele, thet"I dentuIndenture, " italizedated rms not otherwitisse defined a them in the Indenture. The 1 §96 Bonds are payyable from and secured by the 1996 Trust sssments levied The Plc ndsein he Districtothat arer ubjeci tofassessment as derived by the the "SECURITY FOR THE 1996pp BONDS ," described herein under (he captiion °DESCRIPTION mandatory r 6em&ion and mandatory osinking.fu d rode (996 goods are not subject to optional redemption prior to maturity. POTENTIAL INVESTORS ARE SOLELY RESPONSIBLE FOR EVALUATING THE MERITS AND RUSKS OF AN INVESTMENT IN THE 1996 BONDS. SEE "SUITABILITY FOR INVESTMENT HEREIN. MATURITY SCHEDULE 516,425,000' eer n ember 1, 2001 Price 100% ,,g� (accrued interest from December 1, 1996 to be added) ry must read his cover pa Limiteinformation f emorandum to obtainlinformatiotnesse paf to the making of an informed investment decision. prior sale withdr9awBonds nodifcaetion of he offer wuhout notice tand the receipt District opinion on of Tlaboia,thq Underwriter. i1 rsubject r er a,inco e t Bond Counsel as to the validity of the 1996 Bonds and the excludability of interest thereon from � dgrross income for federal income tax purposes. Certain legal matters will be passed upon for the Underwriter byy its counsel, Ruden NfcClosky Smith, Schuster & Russell, P A., Fort Lauderdale, Florida. Youngg van Assenderp do Varnadoe, P.A., Napl,rs and Tallahassee Florida is serving as Counsel to the District. It is expccted that the 19 ,06 Bonds will be delivered in book -entry form through the racilities of DTC, New York, New York on or about December 12, 1996. Dated: December_, 1996 PRAGER, McCARTHY & SEALY re lminary, su sec o change. Y 166 THE DEVELOPMENT ......... . General............ ................ ............................19 Projected Absorption ....................... .............................19 Recreational Amenities ........ " " " " " " " " " • • • • • • • • • 21 Millage Rate .............................. .............................22 Homeowner Association Assessments • • • • • • • . 22 THE DEVELOPER . . ............................... 22 Developer Experience .................... .............................23 Lakewood...... .. ........24 Countryside ....... ............................... .......25 Whiskey Creek :..................... .............................25 ;.f Cross Creek ................ ........... Kelly Greens ........ .............................25 Olde Hickory ....................... .............................26 Stoneybrook..................................................... . 26 Highland Woods .................26 THE 1996 PROTECT .......................................................... 27 Components of the 1996 Project ............................. ....... 27 Roadway Improvements ... ' ... 27 Utilities Improvements .............................. . 27 Earthwork and Clearing ......................... ............ . Stormwater Management Improvements .......... 27 " " " "" Parks and Security •••••••••••28 ty Improvements ........... ' . ...................... 28 Wetland Mitigation .................. . 28 SPECIAL ASSESSMENT METHODOLOGY . .. ' • . . ' . ' 28 TAX MATTERS ...... ................. ............................... 28 Opinion of Bond Counsel ................ .............................28 Internal Revenue Code of 1986 .......................... . 29 Collateral Tax Consequences .............................. . .. . ' • ' ' . . ' . ' . . . 29 Florida Taxes .......... ................. Other Tax Matters ......................... .............................29 AGREEMENT BY THE STATE .......................... ' ................ • .... 29 LEGALITY FOR INVESTMENT ................ ............................... 30 SUITABILITY FOR INVESTMENT .... ............................... .. 30 DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS ............... 31 ENFORCEABILITY OF REMEDIES 3l LITIGATION .......................... ...........31 CONTINUING DISCLOSURE ..................... .. ................... 31 UNDERWRITING ............................ 31 EXPERTS .... ....................... .............................32 LEGAL MATTERS .............................. .............................32 MISCELLANEOUS ....... ............... .............................32 ...................... .............................33 a, ,,,, APPEND 1A: K11ry1 �i1�.. APPENDIX B: APPENDIX C: APPENDIX D: APPENDIX E: APPENDICES Consulting Engineer's Report The Indenture Proposed Form of Opinion of Bond Counsel Continuing Disclosure Agreement Special Assessment Methodology 16G SUMMARY STATEMENT 16G This Summary Statement, being part of this Limited Offering Memorandum, is subject in all respects to the more complete information and definitions contained in or incorporated in this Limited Offering Memorandum. This Summary Statement should not be considered to be a complete statement of the facts material to making an investment decision. The offering by the Naples Heritage Community Development District (the "District ") of its Capital Improvement Revenue Bonds, Series 1996 (the "1996 Bonds ") to potential investors is made only by means of this entire Limited Offering Memorandum. No person is authorized to detach this Summary Statement from this Limited Offering Memorandum or to otherwise use it without the entire Limited Offering Memorandum. Unless otherwise defined, all capitalized terms in this Summary Statement shall be as defined herein, in the Indenture (herein defined) or in the text of this Limited Offering Memorandum. The District and the Development The District is a local unit of special- purpose government of the State of Florida created and established in accordance with the Uniform Community Development District Act of 1980, Chapter 190, Florida Srati,tes, as amended (the "Act "), by Ordinance No. 96 -57 adopted by Collier County, Florida on September 24, 1996. The lands governed by the District encompass approximately 557 acres located entirely within the jurisdictional boundaries of Collier County, Florida. For more complete information about the District, its Board of Supervisors and the District Manager, see "THE DISTRICT" herein. Coterminous with the boundaries of the District is the development known as Naples Heritage (the "Development'). The Development consists of approximately 278 developable gross acres. It is anticipated that the Development will have approximately 101 single - family detached homes and approximately 698 single - family attached homes, consisting of a mix of duplex villas and two -story and four -story condominiums. The Development will be served by various recreational amenities. See "THE DEVELOPMENT" Assessment Methodology." herein and "APPENDIX E-- Special The 1996 Bonds The 1996 Bonds are being issued pursuant to the Act, a Master Trust Indenture dated as of December 1, 1996 (the "Trust Indenture ") to be entered into between the District and First Union National Bank of Florida, Miami, Florida, as trustee (the "Trustee "), and a First Supplemental Trust Indenture dated as of December 1, 1996 to be entered into between the District and the Trustee (the "Supplemental Trust Indenture" and, together with the Trust Indenture, the "Indenture "). See "APPENDIX B - The Indenture" herein. The 1996 Bonds will be issued in fully registered book - entry only form, in denominations of $5,000 or integral multiples thereof. Interest on the 1996 Bonds is payable on May 1 and November 1 of each year, commencing on May 1, 1997, until maturity or 166 prior redemption. The 1996 Bonds are subject to extraordinary mandatory redemption and mandatory sinking fund redemption prior to their stated dates of maturity, as provided herein. See "DESCRIPTION OF THE 1996 BONDS" herein. The 1996 Bonds are not subject to optional redemption prior to maturity. Purpose of the 1996 Bonds The proceeds of the 1996 Bonds will be applied to: (i) finance a portion of the Cost of the acquisition, construction, installation and equipping of roadways, potable water and wastewater collection/transmission and irrigation systems, earthwork, stormwater management, parks and security and wetland mitigation (collectively, the "1996 Project "), as more fully described herein and in the Consulting Engineer's Report attached hereto as Appendix A; (ii) fund the 1996 Reserve Account of the Reserve Fund created under the Indenture; (iii) pay capitalized interest on the 1996 Bonds through May 1, 1997; and (iv) pay costs of issuance of the 1996 Bonds. See "THE 1996 PROJECT' and "ESTIMATED SOURCES AND USES OF THE 1996 BOND PROCEEDS" herein. Security for the 1996 Bonds Payment of the principal of, premium, if any, and interest on the 1996 Bonds is secured by a pledge of and a first lien upon the 1996 Trust Estate. The 1996 Trust Estate consists of the 1996 Pledged Funds and Accounts and the 1996 Pledged Revenues. The 1996 Pledged Funds and Accounts consist of the Accounts (except for the Rebate Fund) established under the Supplemental Indenture in the Funds established by the Trust Indenture. The 1996 Pledged Revenues consist of the revenues derived by the District from the 1996 Assessments. The 1996 Assessments are all non- ad valorem special assessments levied by the District against lands in the District specially benefitted by the 1996 Project or any portion thereof and collected by or on behalf of the District pursuant to the Act and the assessment plat and the assessment roll referred to therein„ together with the interest specified by resolution adopted by the Governing Body of the District, the interest specified in Chapter 170, Florida Statutes (1990), if any such interest is collected by or on behalf of the District, and any applicable penalties collected by or on behalf of the District, together with any amounts received by the District from the sale of tax certificates or otherwise from the collection of Delinquent 1996 Assessments. See "SECURITY FOR AND SOURCES OF PAYMENT OF THE 1996 BONDS." NEITHER THE 1996 BONDS NOR THE INTEREST PAYABLE THEREON SHALL CONSTITUTE A GENERAL OBLIGATION OR GENERAL INDEBTEDNESS OF THE DISTRICT WITHIN THE MEANING OF THE CONSTITUTION AND LAWS OF THE STATE OF FLORIDA. THE 1996 BONDS AND THE INTEREST THEREON DO NOT CONSTITUTE EITHER A PLEDGE OF THE FULL FAITH AND CREDIT OF THE DISTRICT OR A LIEN UPON ANY PROPERTY OF THE DISTRICT OTHER THAN AS PROVIDED IN THE INDENTURE. NO OWNER OR ANY OTHER PERSON SHALL EVER HAVE THE RIGHT TO (ii) COMPEL THE EXERCISE OF ANY AD VALOREM TAXING POWER OF THE DISTRICT OR ANY OTHER PUBLIC AUTHORITY OR GOVERNMENTAL BODY, INCLUDING, WITHOUT LIMITATION, THE STATE OF FLORIDA OR COLLIER COUNTY, FLORIDA, TO PAY DEBT SERVICE OR ANY OTHER AMOUNTS REQUIRED TO BE PAID PURSUANT TO THE INDENTURE OR THE 1996 BONDS. RATHER, DEBT SERVICE AND ANY OTHER AMOUNTS REQUIRED TO BE PAID PURSUANT TO THE INDENTURE OR THE 1996 BONDS SHALL BE PAYABLE SOLELY FROM, AND SHALL BE SECURED SOLELY BY, THE 1996 TRUST ESTATE PLEDGED TO THE 1996 BONDS, ALL AS PROVIDED IN THE INDENTURE AND THE 1996 BONDS. SEE "SECURITY FOR AND SOURCES OF PAYMENT OF THE 1996 BONDS, "AND "ENFORCEMTtTnF accVec,,.LMT, 1, , Reserve Fund A separate 1996 Reserve Account will be established in the Reserve Fund created under the Indenture and held by the Trustee solely for the benefit of the 1996 Bonds. The 1996 kcserve Account will, at the time of delivery of the 1996 Bonds, be funded from proceeds of the 1996 Bonds in an amount equal to the 1996 Reserve Account Requirement, initially $1,642,5000. The 1996 Reserve Account Requirement is ten percent (10 %) of the Outstanding principal amount of the 1996 Bonds, and, accordingly, the amount required to be on deposit in the 1996 Reserve Account will decrease as the Outstanding principal amount of the 1996 Bonds decreases. Amounts on deposit in the 1996 Reserve Account will be used to pay principal of and interest on the 1996 Bonds if amounts on deposit in the 1996 Sinking Fund Account and 1996 Interest Account established in the 1996 Debt Service Fund for the 1996 Bonds are insufficient for such purpose. Amounts in the 1996 Reserve Account in excess of the 1996 Reserve Account Requirement will also be applied to make Deferred Payments with respect to the 1996 Project. See "APPENDIX B -The Indenture" and `Reserve Fund "' herein. SECURITY FOR AND SOURCES OF PAYMENT OF THE 1996 BONDS - `General' and Additional Bonds and Refunding Bonds Subsequent to the issuance of the 1996 Bonds, the District may cause one or more Series of Additional Bonds or Refunding Bonds to be issued pursuant to the Indenture, subject to the terms and conditions thereof. Additional Bonds may be issued for the purpose of paying the Cost of any Additional Series Project or any portion thereof or paying the Cost of completing a Series Project. Refunding Bonds may be issued for the purpose of refunding (including advance refunding) all or part of the Bonds then Outstanding of any one or more Series or maturities within a Series. Each Series of Additional Bonds and Refunding Bonds shall be secured separately from each other Series of Outstanding Bonds, except as otherwise provided in the Supplemental Indenture authorizing a Series of Bonds. The Supplemental Indenture authorizing the 1996 Bonds prohibits the issuance of Additional Bonds on a parity therewith. *Preliminary, subject to change. (iii) 166 16G Additional Bonds, if any, issued by the District would be payable from additional new Assessments levied on the lands in the District that benefit from the Additional Series Project fiWced by the Additional Bonds. These lands would be the same as those that are subject to the 1996 Assessments relating to the 1996 Project. See "SECURITY FOR AND SOURCES OF PAYMENT OF THE 1996 BONDS - Additional Bonds," and `BONDHOLDERS' RISKS --Item No. 6." Additional Assessments As noted above, in connection with the financing of an Additional Project through the issuance of Additional Bonds, the District may levy additional Assessments on lands in the District that are already subject to assessment as a result of the 1996 Project. Moreover, the District has the authority to levy and assess lands in the District for maintenance and operation functions of the District and anticipates annually -levying such assessments. See "THE DISTRICT - Legal Powers and Authority" herein. Bondholders' Risks Investments in the 1996 Bonds involve certain risks. See "ENFORCEMENT OF ASSESSMENT COLLECTIONS," "BONDHOLDERS' RISKS" and "SUITABILITY FOR INVESTMENT" herein. Suitability for Investment This offering is limited by the Underwriter to accredited investors within the meaning of the rules of the Florida Department of Banking and Finance. Potential investors are solely responsible for evaluating the merits and risks of an investment in the 1996 Bonds. See "SUITABILITY FOR INVESTMENT" herein. (iv) 16G LIMITED OFFERING MEMORANDUM S16,425,000* NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT (Collier County, Florida) Capital Improvement Revenue Bonds, Series 1996 INTRODUCTION The purpose of this Limited Offering Memorandum, including the cover page, Summary Statement and Appendices hereto, is to provide certain information in connection with the offer for sale by the Naples Heritage Community Development District (the "District ") of its S 16,425,000* Capital Improvement Revenue Bonds, Series 1996 (the "1996 Bonds "). The District is a local unit of special - purpose government of the State of Florida, created and established pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florid Statute„ as amended (the "Act'), by Ordinance No. 96 -57 adopted by Collier County, Florida on September 24, 1996. The 1996 Bonds are being issued pursuant to the Act, a Master Tnist Indenture dated as of December 1, 1996 (the "Trust Indenture ") by and between the District and First Union National Bank of Florida, Miami, Florida as trustee (the "Trustee "), and a First Supplemental Trust Indenture dated as of December 1, 1996 between the District and the Trustee (the "Supplemental Trust Indenture" and, together with the Trust Indenture, the "Indenture "). Reference is made to the Indenture for a full statement of the authority for, and the terms and provisions of, the 1996 Bonds. All capitalized terms used in this Limited Offering Memorandum that are defined in the Indenture and not defined herein shall have the respective meanings set forth in the Indenture. See "APPENDIX B - -The Indenture" herein. The 1996 Bonds are not a suitable investment for all investors. See "SUITABILITY FOR INVESTMENT" and "BONDHOLDERS' RISKS" herein. The 1996 Bonds are the first securities to be issued by the District. No person has been authorized by the District or the Underwriter to give any information or to make any representations, other than those contained in this Limited Offering Memorandum and, if given or made, such other information or representations must not be relied upon as having been authorized by any of the foregoing. Prospective investors in the 1996 Bonds are invited to visit the District and the Development, ask questions of representatives of the Developer and representatives of the District, and request documents, instruments and information which may not necessarily be referred to, summarized or described herein. Prospective investors should rely upon the information appearing in this Limited Offering Memorandum within the context of the availability of such additional information and the sources thereof. *Preliminary, subject to change. 16G The District was established for the purpose of financing and managing the acquisition, construction, maintenance, and operation of a portion of the infrastructure necessary for community development within the District. The Act authorizes the District to issue bonds for the purpose, among others, of financing, funding, planning, establishing, acquiring, constructing or reconstructing, enlarging or extending, equipping, operating and maintaining water management, water supply, sewer and wastewater management, bridges or culverts, recreational facilities, district roads, street lights, and other basic infrastructure projects within or without the boundaries of the District, all as provided in the Act. The District encompasses approximately 557 acres of land located entirely within the jurisdictional boundaries of Collier County, Florida. For more complete information about the District, its Board of Supervisors and the District Manager, see "THE DISTRICT" herein. Coterminous with the boundaries of the District is the development known as Naples Heritage (the "Development "). There are approximately 278 gross developable acres in the Development. It is anticipated that the Development will have approximately 101 single - family detached homes and approximately 698 single - family attached homes, consisting of a mix of duplex villas and two -story and four -story condominiums. The Development will be served by various recreational amenities. See "THE DEVELOPMENT" herein and "APPENDIX E-- Special Assessment Methodology." U.S. Home Corporation, a publicly- traded Delaware corporation (the "Developer "), has an irrevocable option to acquire all the residential lots in the Development from Clyde Quinby, trustee (the "Owner "), pursuant to a written agreement with the Owner (the "Option Agreement'). See "THE DEVELOPMENT" and "THE DEVELOPER" herein. The proceeds of the 1996 Bonds will be applied to: (i) finance a portion of the Cost of the acquisition, construction, installation and equipping of roadways, potable water and wastewater collection/transmission and irrigation systems, earthwork, stormwater management, parks and security and wetland mitigation (collectively, the "1996 Project "), as more fully described herein and in the Consulting Engineer's Report attached hereto as Appendix A; (ii) fund the 1996 Reserve Account of the Reserve Fund created under the Indenture; (iii) pay capitalized interest on the 1996 Bonds through May 1, 1998; and (iv) pay costs of issuance of the 1996 Bonds. See "THE 1996 PROJECT" and "ESTIMATED SOURCES AND USES OF THE 1996 BOND PROCEEDS" herein. The 1996 Bonds are payable primarily from revenues derived by the District from the 1996 Assessments levied against lands within the District that benefit from and are subject to assessment as a result of the 1996 Project or any portion thereof, as more fully described herein. See "SECURITY FOR AND SOURCES OF PAYMENT OF THE 1996 BONDS," "ENFORCEMENT OF ASSESSMENT COLLECTIONS "and "SPECIAL ASSESSMENT METHODOLOGY" herein. There follows in this Limited Offering Memorandum a brief description of the District, the District, the Development, the Developer, and the 1996 Project, together with summaries of terms of the 1996 Bonds, the Indenture and certain provisions of the Act. All references herein to the Indenture and the Act are qualified in their entirety by reference to such documents and all references to the 1996 Bonds are qualified by reference to the definitive forms thereof and the information with respect thereto contained in the Indenture. The full text of the Indenture appears as Appendix B hereto. The information herein under the captions "THE DEVELOPMENT' and "THE DEVELOPER" has been furnished to the District by the Developer. 2 DESCRIPTION OF THE 1996 BONDS 16G General Description The 1996 Bonds will be dated, will bear interest at the rate per annum and, subject to the redemption provisions set forth below, will mature on the date and in the amount set forth on the cover page of this Limited Offering Memorandum. Interest on the 1996 Bonds is to be computed on the basis of a 360 -day year consisting of twelve thirty-day months and will be payable semi- annually on May 1 and November 1, commencing May 1, 1997, until maturity or prior redemption. First Union National Bank of Florida, Miami, Florida is the initial Trustee, Paying Agent and Registrar for the 1996 Bonds. The 1996 Bonds are issuable as fully registered bonds, without coupons, in denominations of $5,000. The 1996 Bonds will be initially issued in the form of a single fully- registered certificate for each maturity. Upon initial issuance, the ownership of the 1996 Bonds will be registered in the bond register kept by the Trustee in the name of Cede & Co., as nominee for The Depository Trust Company, New York, New York ( "DTC "). See "DESCRIPTION OF THE 1996 BONDS- -Book- Entry Only System" below. Book -Entry Only System The following contains a description of the procedures and operations of DTC and is based upon information provided by DTC. The District has not independently investigated or verified such procedures and operations and assumes no responsibility for the accuracy or completeness of the description thereof. DTC will act as securities depository for the 1996 Bonds. ' The 1996 Bonds will be issued as fully registered bonds registered in the name of Cede & Co., as nominee of DTC, as registered owner. One fully- registered certificate for the 1996 Bonds will be issued and deposited with DTC. So long as Cede & Co., as nominee of DTC, is the registered owner of all the 1996 Bonds, all bond certificates will be immobilized in the custody of DTC. Purchasers of the 1996 Bonds (the "Beneficial Owners ") will not receive physical delivery of certificates. By purchasing a 1996 Bond, a Beneficial Owner shall be deemed to have waived the right to receive a certificate, except under the circumstances described under this caption "Book -Entry Only System." For purposes of this Limited Offering Memorandum, so long as the 1996 Bond certificates are immobilized in the custody of DTC, references to owners of the 1996 Bonds mean DTC or its nominee. DTC has advised the District that it is a limited - purpose trust company organized under the New York Banking Law, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code and a "clearing agency" registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934, as amended. DTC holds securities that its participants (the "Participants ") deposit with DTC. DTC also facilitates the settlement among Participants of securities transactions, such as transfers and pledges, in deposited securities through electronic computerized book -entry changes in Participants' accounts, thereby eliminating the need for physical movement of securities certificates. Direct Participants include securities brokers and dealers, banks, mist companies, clearing corporations organizations. DTC is owned by a number of its Direct Participants an e ew, certain ork S other Exchange, Inc., the American Stock Exchange, Inc. and the National Association of Securities 16G Dealers, Inc. Access to the DTC system is also available to others such as securities brokers and dealers, banks and trust companies that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly (the "Indirect Participants "). The rules applicable to DTC and its Participants are on file with the Securities and Exchange Commission. Purchases of 1996 Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the 1996 Bonds on DTC's records. The ownership interest of each Beneficial Owner is in turn to be recorded on the Direct and Indirect Participants' records. Beneficial Owners will not receive written confirmation from DTC of their purchase, but Beneficial Owners are expected to receive written confirmations providing details of the transactions, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owners entered into the transaction. Transfers of ownership interest in the 1996 Bonds are 'to be accomplished by entries made on the books of Participants acting on behalf of Beneficial Owners. BENEFICIAL OWNERS WILL NOT RECEIVE CERTIFICATES REPRESENTING THEIR OWNERSHIP INTERESTS IN THE 1996 BONDS, EXCEPT IN THE EVENT THAT USE OF THE, BOOK - ENTRY -ONLY SYSTEM FOR THE 1996 BONDS IS DISCONTINUED. To facilitate subsequent transfers, all securities deposited by Participants with DTC are registered in the name of DTC's partnership nominee, Cede & Co. The deposit of 1996 Bonds with DTC and their registration in the name of Cede & Co. effect no change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the 1996 Bonds; DTC's records reflect only the identity of the Direct Participants to whose accounts such 1996 Bonds are credited, which may or may not be the Beneficial Owners. The Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct participants to Indirect Participants and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Redemption notices shall be sent to Cede & Co. If less than all of the 1996 Bonds are being redeemed, DTC's practice is to determine by lot the amount of interest of each Direct Participant in such issue to be redeemed. Neither DTC nor Cede & Co. will consent to vote with respect to the 1996 Bonds. Under its usual procedures, DTC mails an omnibus proxy to the District as soon as possible after the Record Date. The omnibus proxy assigns Cede & Co.'s consenting or voting rights to those Direct Participants to whose accounts the 1996 Bonds are credited on the Record Date (identified in a listing attached to the omnibus proxy). Principal and interest payments on the 1996 Bonds will be made by the Trustee to DTC. DTC's practice is to credit Direct Participants' accounts on the payable date in accordance with their respective holdings shown on DTC's records unless DTC has reason to believe that it will not receive payment on the payable date. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in "street name," and will be the responsibility of such Participant and not of DTC, the Trustee, or the District, subject to any statutory or regulatory F1 W 16G requirements as may be in effect from time to time. Payment of principal and interest to DTC is the responsibility of the District or the Trustee, disbursement of such payments. to Direct Participants shall be the responsibility of DTC, and disbursement of such payment to the Beneficial Owners shall be the responsibility of Direct and Indirect Participants. DTC may discontinue providing its services as securities depository with respect to the 1996 Bonds at any time by giving notice to the District. Under such circumstances, in the event that a successor securities depository is not obtained, 1996 Bond certificates are required to be printed and delivered as provided in the Indenture. The District may decide to discontinue use of the system of book -entry transfers through DTC (or a successor securities depository). In that event, 1996 Bond certificates will be printed and delivered as provided in the Indenture. The Indenture provides that if certificates for the 1996 Bonds are printed, no charge shall be made to any Holder for registration and transfer of I996 Bonds, but any Bondholder requesting any such registration or transfer shall Ray any tax or other governmental charge required to be paid with respect thereto. NEITHER THE DISTRICT NOR THE TRUSTEE SHALL HAVE ANY OBLIGATION WITH RESPECT TO ANY DEPOSITORY PARTICIPANT OR BENEFICIAL OWNER OF THE 1996 BONDS DURING SUCH TIME AS THE 1996 BONDS ARE REGISTERED IN THE NAME OF A SECURITIES DEPOSITORY PURSUANT TO A BOOK -ENTRY ONLY SYSTEM OF REGISTRATION. Redemption Provisions The 1996 Bonds are not subject to optional redemption prior to maturity. The 1996 Bonds are subject to mandatory sinking fund redemption in part prior to maturity, by lot, at the Redemption Price of one hundred percent (100 %) of the principal amount redeemed or paid, without premium, together with accrued interest to the redemption date, in the years and in the principal amounts set forth below: Year (November 1) 1999 2000 2001 *Final Maturity Upon purchase for redemption of 1996 Bonds (other than 1996 Bonds redeemed in accordance with scheduled Amortization Installments and other than 1996 Bonds redeemed at the 5 16G direction of the District accompanied by a cash flow certificate as required by the Trust Indenture), the District shall cause to be delivered to the Trustee a revised schedule of Amortization Installments recalculated so as to proportionately reduce each subsequent Amortization Installment. The 1996 Bonds are subject to extraordinary mandatory redemption prior to maturity, in whole on any date or in part on an Interest Payment Date, and if in part by lot in the manner determined by the Trustee, at the Redemption Price of one hundred percent (100 %) of the principal amount thereof, without premium, together with accrued interest to the redemption date, if and to the extent that any one or more of the following shall have occurred: (a) on or after the Date of Completion of the 1996 Project, moneys are transferred from the 1996 Acquisition and Construction Account of the Acquisition and Construction Fund to the 1996 Redemption Account in accordance with the terms of the Indenture; or (b) Prepayments, if any, of 1996 Assessments, are deposited in the Prepayment Subaccount of the 1996 Redemption Account in accordance with the Indenture and the Assessment Proceedings (hereinafter defined); or (c) sufficient moneys are-on deposit in the 1996 Reserve Account and other 1996 Pledged Funds and Accounts (other than the Rebate Fund), to pay and redeem all Outstanding Series 1996 Bonds and accrued interest thereon; or (d) moneys in excess of the 1996 Reserve Account Requirement in the 1996 Reserve Account are transferred to the Prepayment Subaccount of the 1996 Redemption Account pursuant to the Indenture. Notice of Redemption When required to redeem 1996 Bonds under any provision of the Indenture or when directed to do so by the District, the Trustee shall cause notice of the redemption, either in whole or in part, to be mailed at least thirty (30) but not more than forty -five (45) days prior to the redemption date to all Holders of 1996 Bonds to be redeemed (as such Holders appear on the bond register maintained by the Bond Registrar). The Indenture also requires the Trustee to deliver redemption notice information to certain registered securities depositories. See "APPENDIX B -- The Indenture" herein. The District has the option to purchase the 1996 Bonds for cancellation, all as more fully provided in the Indenture. See "APPENDIX B -- The Indenture" herein. 16u SECURITY FOR AND SOURCES OF PAYMENT OF THE 1996 BONDS General Payment of the principal of, premium, if any, and interest on the 1996 Bonds is secured by a pledge of and a first lien upon the 1996 Trust Estate. The 1996 Trust Estate consists of the 1996 Pledged Funds and Accounts and the 1996 Pledged Revenues. The 1996 Pledged Funds and Accounts consist of the Accounts (except for the Rebate Fund) established under the Supplemental Indenture in the Funds established by the Trust Indenture. The 1996 Pledged Revenues consist of the revenues derived by the District from the 1996 Assessments. The 1996 Assessments are non -ad valorem special assessments levied by the District against lands in the District specially benefitted by the 1996 Project and collected by or on behalf of the District pursuant to the Act and the assessment plat and the assessment roll referred to therein, together with the interest specified by resolution adopted by the Governing Body of the District, the interest specified in Chapter 170, Florida Statutes (1990), if any such interest is collected by or on behalf of the District, and any applicable penalties collected by or on behalf of the District, together with any amounts received by the District from the sale of tax certificates or otherwise from the collection of Delinquent Series 1996 Assessments. See "SECURITY FOR AND SOURCES OF PAYMENT OF THE 1996 BONDS - Additional Bonds" herein. The District is authorized by the Act and other applicable law to finance construction of the 1996 Project by levying the 1996 Assessments upon lands in the District benefitted thereby. The 1996 Assessments are a type of non -ad valorem assessment which may be imposed against the lands in the District upon the basis of a special benefit to such lands determined to result from the implementation of the 1996 Project. Non -ad valorem assessments are not based on millage and become a lien against the homestead as permitted by Section 4, Article X of the Florida State Constitution. NEITHER THE 1996 BONDS NOR THE INTEREST PAYABLE THEREON SHALL CONSTITUTE A GENERAL OBLIGATION OR GENERAL INDEBTEDNESS OF THE DISTRICT WITHIN THE MEANING OF THE CONSTITUTION AND LAWS OF THE STATE OF FLORIDA. THE 1996 BONDS AND THE INTEREST THEREON DO NOT CONSTITUTE EITHER A PLEDGE OF THE FULL FAITH AND CREDIT OF THE DISTRICT OR A LIEN UPON ANY PROPERTY OF THE DISTRICT OTHER THAN AS PROVIDED IN THE INDENTURE. NO OWNER OR ANY OTHER PERSON SHALL EVER HAVE THE RIGHT TO COMPEL THE EXERCISE OF ANY AD VALOREM TAXING POWER OF THE DISTRICT OR ANY OTHER PUBLIC AUTHORITY OR GOVERNMENTAL BODY, INCLUDING, WITHOUT LIMITATION, THE STATE OF FLORIDA OR COLLIER COUNTY, FLORIDA, TO PAY DEBT SERVICE OR ANY OTHER AMOUNTS REQUIRED TO BE PAID PURSUANT TO THE INDENTURE OR THE 1996 BONDS. RATHER, DEBT SERVICE AND ANY OTHER AMOUNTS REQUIRED TO IsG :'AID PURSUANT TO THE INDENTURE OR THE 1996 BONDS SHALL BE PAS'ABLE SOLELY FROM, AND SHAM, BE SECURED SOLELY BY, THE 1996 TRUST ES] ATE PLEDGED TO THE 1996 BONDS, ALL AS PROVIDED IN THE INDENTURE AND THE 1996 BONDS. Under the Indenture, the District will bill and collect the 1996 Assessments itself in accordance with the provisions of the Act and Chapter 170, Florida Statutes, rather than by using the uniform method for the levy, collection and enforcement of Assessments afforded by Sections 7 16G 197.3631, 197.3632 and 197.3635, Florida Mules. The District covenants to cause any 1996 Assessments collected or otherwise received by it to be deposited with the Trustee upon receipt thereof for deposit into the 1996 Revenue Account of the Revenue Fund (provided that amounts re6eived as Prepayments of 1996 Assessments shall be deposited directly into the Prepayment Subaccount of the 1996 Redemption Account). For a discussion of the manner in which payments of the 1996 Assessments are enforced, see "SECURITY FOR AND SOURCES OF PAYMENT OF THE 1996 BONDS-- Enf6rcement of Payment of 1996 Assessments" and "ENFORCEMENT OF ASSESSMENT COLLECTIONS" herein. The District has further covenanted in the Indenture that if any 1996 Assessments shall be either in whole or in part annulled, vacated or set aside by the judgment of any court, or if the District shall be satisfied that any such 1996 Assessments are so irregular or defective that the same cannot be enforced or collected, or if the District shall have omitted to make such 1996 Assessments when it might have done so, the District shall either: (i) take all necessary steps to cause new 1996 Assessments to be made for the whole or any part of the 1996 Project or against any property benefitted by said 1996 Project; or (ii) in its sole discretion, make up the amount of such 1996 Assessments from legally available moneys, which moneys shall be deposited into the appropriate Accounts in the Revenue Fund. In case such second 1996 Assessments shall be annulled, the District shall obtain and make other 1996 Assessments until valid 1996 Assessments are made. Additional Bonds and Refunding Bonds Subsequent to the issuance of the 1996 Bonds, the District may cause one or more Series of Additional Bonds or Refunding Bonds to be issued pursuant to the Indenture, subject to the terms and conditions thereof. Additional Bonds may be issued for the purpose of paying Cost of any Additional Series Project or any portion thereof or paying the Cost of completing any Series Project. Refunding Bonds may be issued for the purpose of paying the Cost of refunding (including advance refunding) all or part of the Bonds then Outstanding of any one or more Series, including the 1996 Bonds, or maturities within a Series. Each Series of Additional Bonds and Refunding Bonds shall be secured separately from each other Series of Outstanding Bonds, except as otherwise provided in the Supplemental Indenture authorizing such Series of Bonds. The Supplemental Indenture authorizing the 1996 Bonds prohibits the issuance of Additional Bonds on a parity with the 1996 Bonds. The Indenture defines an "Additional Series Project," generally, as the acquisition and/or construction of any additions, extensions, improvements and betterments to and reconstruction of a Series Project to be financed, in whole or in part, from the proceeds of any Additional Bonds or Subordinated Debt. The Indenture defines a "Series Project" as the acquisition, construction, equipping and/or improvement of capital projects to be located within or without the District for the benefit of the District, as more fully described in the Supplemental Indenture authorizing the Series of Bonds issued to finance the Series Project. Additional Bonds, if any, issued by the District would be payable from additional new Assessments levied on the lands in the District that benefit from the Additional Series Project financed by the Additional Bonds. These lands would be the same as those that are subject to the 1996 Assessments relating to the 1996 Project. See "SECURITY FOR AND SOURCES OF PAYMENT OF THE 1996 BONDS - Additional Bonds," and `BONDHOLDERS' RISKS --Item No. 6." ' 8 Additional Assessments As noted above, in connection with the financing of an Additional Series Project through the issuance of Additional Bonds, the District may levy additional Assessments on lands in the District that are already subject to assessment as a result of the 1996 Project. Moreover, the District has the authority to levy and assess District lands for maintenance and operation functions of the District and currently anticipates annually levying such assessments in the amount of $125 per residential unit. Reserve Fund A separate 1996 Reserve Account in the Reserve Fund created under the Indenture will be established solely for the benefit of the 1996 Bonds. The 1996 Reserve Account will, at the time of delivery of the 1996 Bonds, be funded from proceeds of the 1996 Bonds in an amount equal to the 1996 Reserve Account Requirement, initially $1,642,500 *. The 1996 Reserve Account Requirement is ten percent (10 %) of the Outstanding principal amount of the 1996 Bonds and, accordingly, the amount required to be on deposit in the 1996 Reserve Account will decrease as the Outstanding principal amount of the 1996 Bonds decreases. Whenever the amounts in the 1996 Interest Account or 1996 Sinking Fund Account of the 1996 Debt Service Fund, as the case may be, are insufficient to pay all amounts payable on the 1996 Bonds on such payment dates, the Trustee shall transfer the amount of any such deficiency, to the extent available, from the 1996 Reserve Account into the 1996 Interest Account or the 1996 Sinking Fund Account, as the case may be, to be applied to pay interest on and principal of the 1996 Bonds. Earnings on investments in the 1996 Reserve Account of the Reserve Fund shall be disposed of as follows: (a) If there was no deficiency (as defined in Section 509 of the Trust Indenture) in the 1996 Reserve Account as of the most recent date on which amounts on deposit in the 1996 Reserve Account were valued by the Trustee, and if no withdrawals have been made from the 1996 Reserve Account since such date which have created a deficiency, then earnings on investments in the 1996 Reserve Account shall -be deposited as provided in (c) below; (b) If, as of the last date on which amount on deposit in the 1996 Reserve Account were valued by the Trustee there was a deficiency in the 1996 Reserve Account, or if after such date withdrawals have been made from the 1996 Reserve Account and have created such a deficiency, then earnings on investments in the 1969 Reserve Account shall be deposited to the credit of the 1996 Reserve Account until the amount on deposit therein equals the 1996 Reserve Account Requirement and thereafter shall be deposited as provided in (c) below; and *Preliminary, subject to change. E 16G 160 (c) prior to May 1, 1998, all of the earnings on investments in the 1996 Reserve Account provided for in (a) and (b) above shall be allocated to and deposited into the 1996 Interest Account, and thereafter into the 1996 Revenue Account. The Supplemental Indenture relating to the 1996 Bonds provides that notwithstanding anything to the contrary in the Trust Indenture, amounts on deposit in the 1996 Reserve Account in excess of the 1996 Reserve Account Requirement, either as the result of a decrease in the 1996 Reserve Account Requirement or because of a "surplus" following the semi - annual valuation of the amounts on deposit in the 1996 Reserve Account, shall be withdrawn therefrom and deposited to the 1996 Acquisition and Construction Subaccount and paid to the Developer as Deferred Payments with respect to the 1996 Project. See "THE 1996 PROJECT' herein. Enforcement of Payment of 1996 Assessments The lien of the 1996 Assessments on the lands in the District subject thereto as a result of the 1996 Project is of equal dignity with the liens for county taxes upon land, and thus is a first lien, superior to all other liens, including mortgages (except for county taxes and other taxes that are of equal dignity). The District may enforce the payment of the 1996 Assessments securing the 1996 Bonds in the manner described herein under the heading "ENFORCEMENT OF ASSESSMENT COLLECTIONS." Prepayment of 1996 Assessments Pursuant to the terms of the Act and the proceedings relating to the levy of the 1996 Assessments to be adopted by the District prior to the issuance of the 1996 Bonds (the "Assessment Proceedings "), the owner of property subject to 1996 Assessments may pay the entire balance of the 1996 Assessments remaining due, without interest, within thirty been completed and the Board of Supervisors has adopted a olution accepting the 1996 Project Project, as provided by Section 170.09, Florida tam, This prepayment right under Section 170.09, Florida Statutes will be waived on behalf of the Developer and future landowners in the District. Any owner of property subject to 1996 Assessments may also pay the entire principal balance of 1996 Assessments remaining due at any time subsequent to thirty (30) days after completion and acceptance of the 1996 Project, if there is also paid an amount equal to the interest that would otherwise be due on such balance on the next succeeding Interest Payment Date for the 1996 Bonds, or, if prepaid during the forty -five (45) day period preceding such Interest Payment Date, on the second succeeding Interest Payment Date. The 1996 Bonds are subject to extraordinary redemption as indicated under "DESCRIPTION OF THE 1996 BONDS - Redemption Provisions Extraordinary Mandatory Redemption" from optional prepayments of 1996 Assessments b property owners. The prepayment of 1996 Assessments does not entitle the owner of the property o a discount for early payment. Adjustments to 1996 Assessments Upon completion of the 1996 Project, the 1996 Assessments securing the 1996 Bonds will be credited, pro rata, with any excess of the original 1996 Assessments over the actual cost of the 1996 Project funded from proceeds of the 1996 Bonds. In making such credit, no credit shall be given for bond financing costs, capitalized interest, funded reserves or bond discount. 10 16G ENFORCEMENT OF ASSESSMENT COLLECTIONS Tax Collection Procedures The primary sources of payment for the 1996 Bonds are the 1996 Assessments imposed on lands in the District specially benefitted by the 1996 Project or portions thereof pursuant to the Assessment Proceedings. To the extent that landowners fail to pay the 1996 Assessments, delay payments,` or, are unable to pay the same, the successful pursuance of the collection procedure available to the District pursuant to Chapter 170, Flori c essential to continued of principal of and interest on the 1996 Bonds. The following isia description of certain satutont provisions of assessment payment and collection procedures appearing in the Florida Statutes, bu is qualified in its entirety by reference to such statutes. The District will, itself, directly levy and enforce the collection of the 1996 Assessments pursuant to Chapter 170, Floridg � The District will not use the uniform method of collection of the 1996 Assessments provided by Chapter 197 ;ZSS1zlItnS provides that upon the failure of an ' Flonda ��• Chapter 170.10, �� of a special assessment or the interest thereon when due, the governng body of the Districtis authorized to commence legal proceedings for the enforcement of the payment thereof, including commencement of an action in chancery, commencement of a foreclosure proceeding in the same manner as the foreclosure of a real estate mortgage, or commencement of an action under Chapter 173, Florida Sta +PC, relating to foreclosure of municipal tax and special assessment liens. An foreclosure proceedings to enforce payment of the 1996 Assessments may Provisions of Chapter 173 y proceed under the the date an ' &WI&�s, which provides that after the expiration of one year from y special assessment or installment thereof becomes due, the District may commence a foreclosure proceeding against the lands upon which the assessments are liens. Such a proceedin is ini=, meaning that it is brought against the land and not against the owner. g The determination, order, levy; and collection of 1996 Assessments must be done in compliance with procedural requirements and guidelines provided by State law. Failure by the District to comply with such requirements could result in delay in the collection of, or the complete inability to collect, 1996 Assessments Burin an inability to collect, 1996 Assessments would any material ladverse effect on the ab Or ability of the District to make full or punctual payment of debt service requirements on the 1996 Bonds. {THIS SPACE INTENTIONALLY LEFT BLANK] 11 >r, s Tax Levies and Collections The following table summarizes real property taxes levied and collected and delinquent taxes WCollier County, Florida (the "County') for the ten (10) fiscal years ending September 30, 1995. COLLIER COUNTY, FLORIDA PROPERTY TAX LEVIES AND COLLECTIONS (IN THOUSANDS OF DOLLARS) LAST TEN FISCAL YEARS Ad valorem taxes levied apply only to Governmental Funds under the control of County Commissioners Property tax levies, based on assessed values as of January 1, become due and payable on November 1 of each year. A 4% discount is allowed if the taxes are paid in November, with the discount declining by I% each month thereafter. Accordingly, taxes collected will be 100% of the tax levy. Taxes become delinquent on April 1 of each year and tax certificates for the full amount of any unpaid taxes must be sold not later than June 1 of each year. Property taxes receivable and a corresponding reserve for uncollectible property taxes are not included in the financial statements as there are no delinquent taxes as of September 30, 1995. Sources: Tax Collector Annual Report and the Collier County Demographic Economic Profile 12 16C Percent of Total Taxes Collected County Collected Plus Levy Fiscal Commissioners Tax Discounts plus Discounts to Cost Per Y= Population Tax Le Collections Allowed Discounts Tax Leyj Person 1986 122,000 30,000 27,494 870 28,364 94.55% 245.90 1987 127,700 37,300 34,290 1,114 35,404 94.92% 292.09 1988 135,300 44,546 41,053 1,330 42,383 95.14% 329.09 1989 143,700 50,312 46,340 1,521 47,861 95.13% 350.12 1990 152,100 57,272 52,492 1,705 54,197 94.63% 376.54 1991 161,600 65,961 60,516 1,955 62,471 94.71% 408.18 1992 168,500 69,915 64,040 2,114 66,154 94.62% 414.89 1993 174,664 68,224 62,416 2,119 64,535 94.59% 390.61 1994 186,641 69,983 63,833 2,219 66,052 94.38% 374.96 1995 186,641 71,087 64,772 2,284 67,056 94.33% 380.88 Ad valorem taxes levied apply only to Governmental Funds under the control of County Commissioners Property tax levies, based on assessed values as of January 1, become due and payable on November 1 of each year. A 4% discount is allowed if the taxes are paid in November, with the discount declining by I% each month thereafter. Accordingly, taxes collected will be 100% of the tax levy. Taxes become delinquent on April 1 of each year and tax certificates for the full amount of any unpaid taxes must be sold not later than June 1 of each year. Property taxes receivable and a corresponding reserve for uncollectible property taxes are not included in the financial statements as there are no delinquent taxes as of September 30, 1995. Sources: Tax Collector Annual Report and the Collier County Demographic Economic Profile 12 16C 16G Neither the District nor the Underwriter can give any assurance to the Holders of the 1996 Bonds: (i) that the past experience of Collier County, Florida (the "County ") with regard to tax delinquencies as shown above is indicative in any way of future delinquencies in payment of taxes relating to property in the District or in payment of the 1996 Assessments securing the 1996 Bonds; and (ii) that future landowners and taxpayers in the Development will pay such 1996 Assessments. Enforcement of the obligation to pay Assessments and the ability to foreclose the lien created by the failure to pay 1996 Assessments may not be readily available or may be limited as such enforcement is dependent upon judicial action which is often subject to discretion and delay. BONDHOLDERS' RISKS There are certain risks inherent in an investment in bonds secured by special non -ad valorem assessments issued by a public authority or governmental body in the State of Florida. Certain of these risks are described in the preceding section entitled "ENFORCEMENT OF ASSESSMENT COLLECTIONS." Certain additional risks are associated with the 1996 Bonds offered hereby. This section does not purport to-summarize all risks that may be associated with purchasing or owning the 1996 Bonds and prospective purchasers are advised to read this Limited Offering Memorandum in its entirety for a more complete description of investment considerations relating to the 1996 Bonds. 1. Receipt of the 1996 Assessments is entirely dependent upon their timely payment by the Developer and, ultimately, individual owners of real property in the Development. In the event of the institution of bankruptcy or similar proceedings with respect to the Developer or any other existing or subsequent significant owner of property within the District, there could be delays in the payment of debt service requirements on the 1996 Bonds. As such, bankruptcy of a major landowner could negatively impact the ability of the District to foreclose on property or the ability of the County to sell tax certificates in relation to such property. In addition, the remedies available to the Holders of 1996 Bonds upon an event of default under the Indenture are in many respects dependent upon judicial actions, which are often subject to discretion and delay. Under existing constitutional and statutory law and judicial decisions, the remedies specified by federal, state and local law and in the Indenture and the 1996 Bonds, including without limitation, enforcement of the obligation to pay Assessments, may not be readily available or may be limited. The various legal opinions to be delivered concurrently with the delivery of the 1996 Bonds (including the approving opinion of Bond Counsel) will be qualified as to the enforceability of the various legal instruments by limitations imposed by bankruptcy, reorganization, insolvency or other similar laws affecting the rights of creditors enacted before or after such delivery. The inability, either partially or fully, to enforce remedies available with respect to the 1996 Bonds could have a material adverse impact on the interest of the Holders thereof. 2. The principal security for the payment of the principal of and interest on the 1996 Bonds is the timely collection of 1996 Assessments levied by the District on land within the Development benefitted by the 1996 Project or any portion thereof. The 1996 Assessments do not constitute a personal indebtedness of the owners of the land subject thereto, but are secured by a lien on such land. The Developer expects to proceed in its normal course of business to develop and sell to the general public benefited land owned by 13 16G it and to be served by the 1996 Project. There is no assurance that the existing or future owners of District lands subject to the 1996 Assessments will be able to pay the 1996 Assessments or that they will pay such 1996 Assessments even though financially able to do so. The assessment of the benefits to be received by the land within the Development as a result of the implementation and development of the 1996 Project is not indicative of the realizable or market value of the land, which value may be actually higher or lower than the assessment of benefit. To the extent that the realizable or market value of the land specially benefitted by the 1996 Project is lower than the assessment of benefits, the ability of the District to collect delinquent 1996 Assessments, if any, as the result of foreclosure actions could be adversely impacted and, provided such delinquencies are significant, the ability of the District to make the full or punctual payment of the debt service requirements on the 1996 Bonds could be adversely impacted. 3. The Development may be affected by changes in general economic conditions, fluctuations in the real estate market and other factors. In addition, the Development is subject' to comprehensive federal, state and local regulations and future changes to such regulations. Approval is required from various public agencies in connection with, among other things, the design, nature and extent of required public improvements, and construction of residential units in the Development in accordance with applicable zoning, land use and environmental regulations for the Development. Although no significant delays are anticipated, failure to obtain such approvals in a timely manner could delay or adversely affect the Development, which may negatively impact the Developer's desire or ability to develop the Development as contemplated. 4. The willingness and/or ability of an owner of land within the Development to pay the 1996 Assessments could be affected by the existence of other taxes and assessments imposed upon the property by the District, the County or other taxing authorities. County, school and special district taxes, special assessments and voter - approved ad valorem taxes levied to pay principal of and interest on bonds, including the 1996 Assessments, are payable at one time. Although the lien of the 1996 Assessments is of equal dignity with the liens for taxes upon land, tax increases or the imposition of new taxes by public entities whose boundaries overlap those of the District may render landowners unwilling or unable to make 1996 Assessment payments; such failure to pay could adversely affect the ability of the District to make full or punctual payment of debt service requirements on the 1996 Bonds. 5. The 1996 Bonds may not constitute a liquid investment, and these is no assurance that a liquid secondary market will exist for the 1996 Bonds in the event a Holder thereof determines to solicit purchasers of the 1996 Bonds. Even if a liquid secondary market exists, there can be no assurance as to the price for which the 1996 Bonds may be sold. Such price may be lower than that paid by the current Holders of the 1996 Bonds, depending on the progress of the Development, existing market conditions and other factors. 6. There can also be no assurance, in the event that the District does not have sufficient moneys on hand to complete the 1996 Project, that the District will be able to raise, through the issuance of Completion Bonds, or otherwise, the moneys to complete the 1996 Project. 14 16G 7. The cost of subdivision improvements within the Development, such as internal roadways and water and sewer lines, will be paid for by Developer operating funds or through the proceeds of financing arranged by the Developer. There is no assurance that the Developer will be able to pay, or arrange to pay, for the cost of these improvements. The recreational amenities described herein under "THE DEVELOPMENT -- Recreational Amenities," not included in the 1996 Project, will be paid for through the Developer's operating funds or Developer - arranged financing. There is no assurance that any of these sources of payment will be realized. See "BONDHOLDER'S RISKS- -Item No. 6" above. The Developer has indicated that the recreational amenities are an integral component of the Development. 8. The Developer's obligation to pay the 1996 Assessments securing the 1996 Bonds is the same as that of any other landowner in the Development. Neither the Developer nor any other landowner within the Development is a guarantor of, or has any personal liability for, payment of such 1996 Assessments. In the event of the failure of the Developer or any other landowner in the Development to pay the 1996 Assessments imposed on the specially benefitted lands in the District owned by them, the District's recourse is limited solely to exercising remedies against the specially benefitted lands in the District for which payment of 1996 Assessments have not been made. See "SECURITY FOR AND SOURCE OF PAYMENT OF THE 1996 BONDS" and "BONDHOLDERS' RISKS- -Item No. 2." This section does not purport to summarize all risks that may be associated with purchasing or owning the 1996 Bonds and prospective purchasers are advised to read this Limited Offering Memorandum in its entirety for a more complete description of investment considerations relating to the 1996 Bonds. ESTIMATED SOURCES AND USES OF 1996 BOND PROCEEDS Sources of Funds') Principal Amount of 1996 Bonds .......................... S 16,425,000* Use of Funds') Deposit to 1996 Acquisition and Construction Account ......... Deposit to 1996 Interest Account Deposit to 1996 Reserve Account . . Costs of Issuance (including Underwriter's Discount) .......... Total Uses *Preliminary, subject to change (1) Does not include accrued interest from December 1, 1996. (2) Represents capitalized interest, net of certain interest earnings, on the 1996 Bonds through May 1, 1998. 15 J DEBT SERVICE REQUIREMENTS Year Endine Principal Interest Total November 1 1997 1998 1999 2000 2001 Total 'Does not include capitalized interest on the 1996 Bonds. THE DISTRICT The District encompasses approximately 557 acres and is located entirely within the jurisdictional boundaries of Collier County, Florida. Legal Powers And Authority The District is an independent local unit of special- purpose government of the State of Florida created and established in accordance with the Uniform Community Development District Act of 1980, Chapter 190, Flori Statute (the "Act'), as amended, by Ordinance No. 96-57 adopted by Collier County, Florida on September 24, 1996. The Act was enacted in 1980 to provide a uniform method for the establishment of independent districts to manage and finance basic community development services, including capital infrastructure required for community developments throughout the State of Florida The Act provides legal authority for community development districts (such as the District) to finance the acquisition, construction, operation, and maintenance of the major infrastructure for community development. The Act provides that community development districts have the power to issue general obligation, revenue and special assessment bonds in any combination to pay all or part of the cost of infrastructure improvements authorized under the Act. The Act further provides that community development districts have the power to levy and assess taxes on all taxable real and tangible personal property, and to levy special assessments on specially benefitted lands, within their boundaries to pay the principal of and interest on bonds issued and to provide for any sinking or other funds established in connection with any such bond issues. Among other provisions, the Act gives the District's Board of Supervisors the right: (i) to hold, control, and acquire by donation, purchase, condemnation, or dispose of, any public easements, dedications to public use,.planed reservations for public purposes, or any reservations for those purposes authorized by the Act and to make use of such easements, dedications, or reservations for any of the purposes authorized by the Act; (ii) to finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain systems and facilities for various basic infrastructures, including district roads equal to or exceeding the specifications of the county in 16 16G 16G which such district roads are located, facilities for indoor and outdoor recreational, cultural and educational uses, and any other project within or without the boundaries of the district when a local government has issued a development order approving or expressly requiring the construction or funding of the project by the Distnct, or when the project is the subject of an agreement between the district and a governmental entity and is consistent with the local government comprehensive plan of the local government within which the project is to be located or pursuant to a development order condition on the developer which, by operation of law, would apply to a District project; (iii) to borrow money and issue bonds of the District; and (iv) to exercise all other powers necessary, convenient, incidental, or proper in connection with any of the powers or duties of the District stated in the Act. The Act does not empower the District to adopt and enforce land use plans or zoning ordinances, and the Act does not empower the District to grant building permits; these functions are performed by the County acting through its governing body and departments of government. The Act exempts all property of the District from levy and sale by virtue of an execution and from judgment liens, but does not limit the right of any ov mer of bonds of the District to pursue any remedy for enforcement of any lien or pledge of the District in connection with such bonds, including the 1996 Bonds. The District anticipates that within the Development it will own, operate and maintain the components of the 1996 Project other than the water and wasterwater improvements. Board of Supervisors The Act provides for a five- member Board of Supervisors (the "Board ") to serve as the governing body of the District. Members of the Board ( "Supervisors ") must be residents of the State of Florida and citizens of the United States. Initially, the Supervisors are elected on an at -large basis by the owners of the property within the District. Ownership of land within the District entitles the owner to one vote per acre (with fractions thereof rounded upward to the nearest whole number). A Supervisor serves until expiration of his or her term and until his or her successor is chosen and qualified. If, duringg a term of office, a vacancy occurs, the remaining Supervisors may fill the ee varray by an Appointment of an interim Supervisor far the remainder of the unexpired term. The landowners in the District elect two Supervisors to four -year terms and one Supervisor to a two-year term at bi- annual elections. Six years after the initial appointment of Supervisors and after the District attains at least 250 qualified electors, Supervisors whose terns are expiring will begin to be elected (as their terms expire) by qualified electors of the District. A qualified elector is a registered voter who is at least eighteen years of age, a resident of the District and the State and a citizen of the United States. At the election where Supervisors are first elected by qualified electors, two Supervisors must be qualified electors and be elected by qualified electors, one to a four -year term and one to a two-year term. The other Supervisor will be elected by landowners for a four -year term. Thereafter, as terms expire, all supervisors must be qualified electors and be elected by qualified electors to serve staggered terms. The District reasonably anticipates that qualified electors will begin electing Supervisors in the year 2002, which is six years after the initial appointment of the Supervisors. I 17 16G Notwithstanding the foregoing, if at any time the Board proposes to exercise its ad valorem taxing power, prior to the exercise of such power, it shall call an election at which all Supervisors shall be elected by, and be themselves,, qualified electors in the District. Elections subsequent to such decision shall be held in a manner such that the Supervisors will serve four -year terms with staggered expiration dates in the manner set forth in the Act. ,The..Act provides that it shall not be an impermissible conflict of interest under Florida law goverciIrig public officials for a Supervisor to be a stockholder, officer or employee of a landowner. The ciirrent,'ttiembers of the Board and the term of each member are set forth below: Member of the NA= II'I k Board Since Peter Comeau' Chairman 10/96 Alan Bums* Vice Chairman 10/96 John J. Agnelli Supervisor 10/96 John F. Stanley Supervisor 10/96 Ray Miller Supervisor 10/96 'Employee of the Developer A majority of the Supervisors constitutes a quorum for the purposes of conducting the business of the District and exercising its powers and for all other purposes. Action taken by the District shall be upon a vote of the majority of the Supervisors present unless general law or a rule of the District requires a greater number. All meetings of the Board are open to the public under Florida's "sunshine" or open meetings law. The District Manager and Other Consultants The Act authorizes the Board to hire a District Manager as the chief administrative official of the District. The Act provides that the District Manager shall have charge and supervision of the works of the District and shall be responsible for: (i) preserving and maintaining any improvement or facility constructed or erected pursuant to the provision of the Act; (ii) maintaining and operating the equipment owned by the District; and (iii) performing such other duties as may be prescribed by the Board. The District has hired Gary L. Moyer, P.A. (the "District Manager ") to serve as District Manager. Mr. Moyer began his development career with Westinghouse Electric Corporation in 1973 after receiving a Bachelor of Science degree from Pennsylvania State University and a Master of Business Administration degree from the University of Notre Dame. He founded Gary L. Moyer, P.A. in 1982 for the purpose of providing professional managerial services to units of local government, specifically special purpose districts. Mr. Moyer is actively involved in the management of more than 61 special districts throughout the State of Florida, including community development districts, that have collectively issued in excess of 5940 million of bonds. Mr. Moyer has served on the Board of Directors of the Association of Special Districts, the Broward County 208 18 16G Water Quality Board and the Broward County Areawide Clean Water Advisory Board. Mr. Moyees office is located at 10300 Northwest 11 th Manor, Coral Springs, Florida 33065, telephone number 954 -753 -0380. The Act further authorizes the Board to hire such employees and agents as it deems necessary. Thus, Young, van Assendcrp & Varnadoe, P.A., Naples and Tallahassee, Florida, is serving as Counsel to the District; McAnly Engineering and Design, Inc., Naples, Florida is serving as Consulting Engineer to the District; Nabors, Giblin and Nickerson, P.A., Tampa, Florida is serving as Bond Counsel, and Fishkind & Associates, Orlando, Florida, is serving as Financial Advisor to the District. THE DEVELOPMENT General Naples Heritage (the "Development" ) consists of approximately 557 gross acres of land, of which approximately 278 gross acres are developable. The Development is located entirely within the boundaries of the District, in the southeast portion of the County, between Davis Boulevard and State Road 951. The Development is approximately five miles from d )wntown Naples and approximately one mile east of Interstate 75, the major north -south artery serving the southwest coast of Florida. The Gulf of Mexico is approximately fifteen miles from the Development and Southwest International Airport is approximately thirty miles from the Development. Existing shopping is available within a five minute drive from the Development. The Development is a master planned community that will be marketed to retirees and "empty- nesters" as an active adult/second home community. It is anticipated that the Development will ultimately have approximately 101 single - family detached homes and approximately 698 single - family attached homes, consisting of a mix of duplex villas and two -story and four -story condominiums of which 153 units have been sold through November 15, 1996. Buildout of the Development is expected to occur in 2001. The 1996 Project involves the construction, acquisition and installation of the master infrastructure needed for the Development. See "THE 1996 PROJECT." The cost of the construction, acquisition and installation of the recreational amenities (and internal subdivision improvements) needed for the Development will be paid for by the Developer. See `BONDHOLDERS' RISKS- -Item Nos. 6 and T' herein. U.S. Home Corporation, a publicly - traded Delaware corporation (the "Developer "), has an irrevocable option to acquire all the residential lots in the Development from Clyde Quinby, trustee (the "Owner'), pursuant to a written agreement with the Owner (the "Option Agreement' ). As of November 15, 1996, the Developer has acquired 219 lots from the Owner. With respect to these lots, the Developer has completed construction of approximately two duplex villas and has approximately 182 additional residential units under construction, consisting of a mix of all product types. As of November 15, 1996, the Developer has entered into contracts for sale to home buyers with respect to approximately 153 residential units. Under the terms of the Option Agreement, the Developer must acquire a minimum of 159 lots each year from the Owner. The Developer anticipates that it will ultimately acquire all the lots in the Development from the Owner and construct a total of approximately 799 residential units thereon. Currently, the Owner owns the majority of the lots in 19 16G the District. Pursuant to the Option Agreement, the Developer is responsible for paying all 1996 Assessments levied on the residential units in the District. % In order to distinguish the Development from its competitors (see "Competition" below), the Developer has designated approximately 279 acres of the Development as conservation areas and approximately 75 acres for lakes. It is expected that residents will purchase homes in the Development for several reasons, including proximity to major access roads, shopping and the beach, the large amount of acreage in the Development dedicated to open space and the recreational amenities that will serve the Development, as described below. The Developer will market the Development as an active adult/second home community through print, radio, the Internet and signage and will maintain a fully staffed sales center located at the Development. The Developer will also include the Development in an area -wide marketing program which involves the advertisement, through radio, newspaper and direct mail, of the Developer's offerings in the local market and the circulation of a printed brochure relating to the same. [THIS SPACE INTENTIONALLY LEFT BLANK] 20 The following table reflects the Developer's current expectations of the mix of unit types to be constructed in the Development and their respective approximate prices and square footage. The matters set forth in the table are subject to change: Approximate Approximate Lot/Rome Product Square Footage Packscm Price Single - Family Detached Inverness 1IV'.; �, 2,597 $209,900 l St. Charley IT�14I.- 2,646 $215,900 Canterbury III 2,759 $221,900 Trenton 111 2,948 5231,900 Somerset 111 3,201 $235,900 York 111 3,319 5241,900 Manchester 111 3,552 5251,900 Catalina Ill 3,751 $271,900 Pebble Beach III 3,993 5281,900 Cedar Ridge 111 3,934 $291,900 yillas Ashmoor 2,149 S166,900 Brittany 2,236 $171,900 Cheshire 2,381 $179,900 Dover 2,275 $184,900 Devonshire 2,702 $204,900 Two -Story Condominiums Carlton - 1,576 5122,900- 127,900 Barrington 1,717 $132,900 - 139,900 Abbey 1,998 $147,900- 157,00 Four -Story Condominiums Ashbury ^ 1,318 $99,900- 109,900 Brookside 1,362 $106,900.115,900 Colonade 1,544 S 119,900 - 129,900 Projected Absorption The Developer projects that residential units within the District will be sold to individual homebuyers over a six year period as set forth in the following table: ..� .• .•• •.. 111 11 .. Units 153 165 170 160 122 29 799 The projected absorption rates are based upon estimates and assumptions made by the Developer, and although considered reasonable by the Developer, are inherently uncertain and subject to significant business, economic and competitive uncertainties and contingencies; all of which are difficult to predict and many of which are beyond the control of the Developer. As a result, 21 16G 16G there can be no assurance that such absorption rates will occur or be realized in the manner set forth in the table. Pro forma cash flows for the Development are available from the Underwriter upon request. Recreational Amenities The Developer is financing the construction of an approximately 19,000 square foot clubhouse within the Development (the "Clubhouse "). Construction of the Clubhouse is scheduled to commence in January 1997 and be completed by the end of that Year. The Clubhouse will ultimately be owned and operated by the master homeowner's association to be formed for the Development. The Clubhouse will have an on -site activities director and include such features as meeting rooms, card rooms, a fitness center, restaurant and golf pro shop. Adjacent to the Clubhouse will be a pool and tennis court. Located throughout the Development is an 18 -hole championship par 72 golf course designed by Gordon Lewis, which also has an aqua driving range. The golf course is scheduled to open in January 1997. Initially, the golf course will be open for public play. Once ownership and operation is'taken over by the master homeowner's association, it is expected that the golf course will become private. Three satellite pools and two satellite tennis courts will also be located throughout the Development. The purchase of a residential unit in the Development entitles the unit owners to use the Clubhouse, the golf course and the satellite facilities. Millage Rate The millage rate for the Development was 15.0812 /1000 based on the 1996 tax bill, which rate does not include the 1996 Assessments to be levied in connection with the 1996 Project or the operation and maintenance assessments levied by the District or the various homeowner associations in the Development. Homeowner Association Assessments It is anticipated that each residential unit in the Development will be required to pay A one- time capital contribution fee of $750 to the master homeowner's association for the Development, which fee will be collected at the time the unit is purchased. Each residential unit will also pay to the master homeowner's association an annual fee of $1,488, which will include care and maintenance of all common areas, including the Clubhouse, golf course, satellite pools and tennis courts, central irrigation systems and manned 24 -hour gatehouse. Each of the different types of units in the Development will be charged additional assessments, as described below. Each single - family detached unit will pay a one -time irrigation hook -up fee of $500 at the time the unit is purchased and an annual single - family homeowner association fee of $70 to cover the cost of insurance, management and accounting. Each duplex villa unit will pay a one -time irrigation hook -up fee of $200 at the time the unit is purchased and a one -time capital contribution fee of $100 to the villa homeowner association. A $100 monthly fee will be payable quarterly for lawn and shrub maintenance and for reserves for roof replacement and repainting. Each unit in the two -story condominiums will pay a one -time capital contribution to its condominium association of $100 at the time the unit is purchased. A monthly fee of S 139.50 will be paid quarterly for lawn and shrub maintenance, internal and external pest control, trash pick -up, 22 16 water service, sewer service and hazard insurance, as well as for reserves for roof replacemcht and repainting. Each unit in the four -story condominiums will pay a one -time capital contribution to its condominium association of 5100 at the time the unit is purchased. A monthly fee of 5141.26 will be paid quarterly for lawn and shrub maintenance, internal and external pest control, trash pick -up, water service, sewer service and hazarri insurance, as well as for reserves for roof replacement and repainting. All of the foregoing fees are estimates only. THE DEVELOPER The information appearing below has been furnished by the Developer for use in this Limited Offering Memorandum. General U.S. Home Corporation ( "U.S. Home" or the "Developer ") is a Houston -based publicly traded Delaware corporation (NYSE symbol "UH ") organized in 1954 and incorporated m 1959. The Developer currently builds and sells houses in more than 200 new home communities in 32 metropolitan areas in 12 states. Since its formation, the Developer has delivered more than 260,000 homes. The Developer is one of the largest sin le-family homebuilders in the United States based on homes delivered, with consolidated assets of 5959 million as of September 30, 1996 (including $892 million relating to its housing operations). For the calendar year 1995, the Developer had housing operating income of approximately $56 million and total income before income taxes of approximately $59 million, reflecting increases of approximately 90/c and approximately 13 %, respectively, from the prior year. As of September 30, 1996, and for the nine months then ended, the Developer generated housing operating income of $46 million and total income before income taxes of $50 million, reflecting increases of 18% and 22 %, respectively, from the same period 1995. The Developer and certain of its affiliates commenced proceedings under Chapter 11 of Title I 1 of the United States Code on April 15, 1991, in order to restructure their indebtedness and other liabilities. On May 25, 1993, the United States Bankruptcy Court for the Southern District of New York entered an order confirming the first amended consolidated plan of the reorganization of the Developer and certain of its affiliates. Such order became final on June 21, 1993. At that time, the Developer also completed a public offering of $200 million principal amount of 9.75% senior notes due 2003, the net proceeds from which were utilized to pay a portion of the claims of certain unsecured creditors of the Developer under the plan of reorganization and to repay outstanding amounts under the Developer's debtor -in- possession financing facility. The plan of the reorganization effected a recapitalization of the Developer and did not result in a reduction in the scope or other major restructuring of the Developer's operations. During the proceedings, the Developer continued its home building operations in the ordinary course. The Developer reported approximately $38 million of pre-tax earrings in 1993. Set forth below is a summary, expressed in number of housing units, new orders taken, deliveries and backlog (i.e., homes under contract for sale but not yet delivered at end of year) of single- family homes for the years 1991 through 1996, for all operations of the Developer (all of which are in the United States) and for Florida operations of the Developer. 23 �r} United States 9 Months 9 Months Ending Ending Iiosltmioa.Clo id l im 1322 1243 122A 142.1 2/34/45 9/30/96 New Orders Taken 3,975 3.274 6,418 6,234 6,959 5,757 6,147 Deliveries 3.599 5,015 5,586 6,387 6,779 4,991 5,213 Backlog 1,614 1,872 2,704 2,551 2,731 3,317 3,665 Florida New Orders Taken N/A 1,654 1,975 2,217 2,081 1,755 1,775 Deliveries N/A 1,491 1,705 1,948 2,241 1,671 1,582 Backlog N/A 693 967 1,146 986 1,230 1,180 U.S. Home has built a strong reputation nationally since 1954 and within the southwest Florida area since entering the local market in 1962. Currently, the Developer is actively marketing within fourteen communities in southwest Florida. The Developer has constructed over 20,000 homes in southwest Florida, and consistently has been ranked as the number one builder within the area for the last twenty years. U.S. Home has received the prestigious "Builder of the Year" award from Professional Builder Magazine three times, most recently in 1995. The Developer's sales programs focus on its "Zero Defect" Program as a marketing tool and its cost savings due to national purchasing agreements. The Zero Defect Program is a quality assurance pro&ram, with major emphasis on construction. U.S. Home has received numerous awards and recognitions including the Diamond Builder Award for Excellence in Consumer Satisfaction from the 2 -10 Home Buyers Warranty Program. The Developer is subject to the informational requirements of the Securities and Exchange Act of 1934, as amended, and in accordance therewith files reports, proxy statements, and other information with the Securities and Exchange Commission (the "SEC). The file number of U.S. Home with the SEC is No. 1 -5899. Such reports, proxy statements, and other information can be inspected and copied at the Public Reference Section of the SEC, Room 1024, 450 Fifth StreM NW, Judiciary Plaza, Washington, D.C., and at the SEC's re ional offices in Chicago (Northwestern Atrium Center, 500 West Madison Street, Suite 1400, Chicago, Illinois) and New York City (7 World Trade Center, 13th Floor, New York, New York). Copies of such materials can be obtained by mail from the Public Reference Section of the SEC at prescribed rates. The most recent Annual Report on Form 10 -K of U.S. Home on file with the SEC and any other documents and reports filed with the SEC by U.S. Home subsequent to the date of such Annual Report (including Form 10 -Q and Form 10 -K) through and including the end of the "underwriting period" (as defined in SEC Rule 15c2 -12) are hereby incorporated herein by reference. Developer Experience During 1996, the Developer's national product mix consisted of deliveries of approximately 28% affordable homes, 50% move -up homes and 22% retirement and active adult/second homes. 24 16G 16G 0-1 Some of the active/adult and retirement communities built by the Developer in southwest Florida include those set forth below. The pace of sales in these communities may not be indicative of the actual absorption rate for the Development. For the Developer's projected absorption rate for the Development see "THE DEVELOPMENT - Projected Absorption." The Developer has been involved in the Naples home - building market for over 30 years. Its first major golf course community, Lakewood, commenced sales in the early 1970's. The community included an executive and a par three golf course. With over 1,400 homes built through 1983, Lakewood began U.S. Home's activities as a golf course community developer. The typical buyer in Lakewood was 55 years and older and retired or semi - retired. Foxfire Foxfire held its grand opening in February 1984. Foxfire was a planned unit development of 318 acres in eastern Naples, one mile east of Lakewood. The community included 925 homes. Housing products included single - family detached homes, one -story and two -story attached villas, two -story condominiums and three -story condominiums. The community included an 18 hole championship golf course, clubhouse, restaurant, tennis courts and swimming pools. Foxfire was sold out by mid -1987. Homes ranged in size from 1,100 to 3,000 square feet. Sales prices ranged from $69,000 to $225,000. The typical buyer in Foxfire was 55 years and older, retired or semi - retired. Countryside is located just over a mile east of Foxfire in Naples. Countryside was a 330 - acre community containing 1,131 homes. Housing products included single - family detached homes, two -story condominiums and three -story condominiums. Some of the three -story condominiums were sold without golf course equity. The community included an 18 hole championship golf course, clubhouse, restaurant, tennis courts and swimming pools. Countryside was sold out by early 1992. Sales prices ranged from $79,900 to $300,00. The typical buyer in Countryside was 55 years and older and retired or semi- retired. Whiskey Creek was the Developer's first major golf course community in Fort Myers. The Developer built over 1,700 homes from the early 1970's through 1983 in this community. Whiskey Creek has an 18 hole executive golf course and a clubhouse. a typical buyers in Whiskey Creek were a mix of retirees and families. Started in 1985, Cross Creek was a planned unit development of 269 acres and a total of 905 homes. Cross Creek is located Just south of Fort Myers. Housing products included single - family detached homes, duplexes, villas, two story condominiums and three -story condominiums. The community included an executive golf course, clubhouse, restaurant, lighted tennis courts and a swimming pool. 25 16 C. The community sold out by 1988. Home sales prices ranged from $60,000 to $150,000. The home buyers were primarily retires or second -home buyers. Kelly Greens, which commenced sales in 1988, is a 300 -acre planned unit development with 971 homes. The community is located three miles from Sanibel Island, south of Fort Myers. Housing products included single - family detached villas, two -story condominiums and three -story condominiums. The community included an 18 hole championship golf course, clubhouse, restaurant, fitness center, swimming pools and tennis courts. The community sold out by early 1991. Home sales prices ranged from $79,000 to $350,000. The home buyers were primarily over 50 years old, retired or purchasing second- homes. Olde Hickory held its grand opening in January 1992 as a 313 -acre master planned golf course community located in Fort Myers. Olde Hickory is planned for 561 homes including single family detached, villa condominiums and two -story condominiums. The community includes a Ron Garl- designed 18 -hole championship golf course with a clubhouse, restaurant, pro shop, fitness center, lounge, swimming pools and tennis courts. The community had sales of 521 homes through July 1996 with prices ranging from $99,000 to $350,000. Olde Hickory home buyers are generally retired or second home purchasers and over 50. Stoney by rook Sales in Stoneybrook in Sarasota began in January 1994 with the first closing in August 1994. Stoneybrook is a 475 -acre planned unit development with 940 homes. The community is located in Palmer Ranch in south Sarasota. The community included single - family detached villas, two -story condominiums and three -story condominiums. The community includes an 18 -hole championship golf course designed by Arthur Hills and Associates, a clubhouse, restaurant, fitness center, swimming pools and tennis courts. The community had sales of 645 homes through October 1996, with home sales prices ranging from $89,000 to $390,000. Home buyers are typically over 50 and retired or purchasing a second home. Sales of Highland Woods in Lee County began in January 1995 with the first closings in December 1995. Highland Woods is a 283 -acre planned unit development with 799 homes. The community is located in the area known as Bonita Springs. The community includes single family, two -plex villas, two -story condominiums, three -story condominiums and four -story condominiums. The community includes an 18 -hole championship golf course designed by Gordon Lewis, a clubhouse, restaurant, fitness center, swimming pools and tennis courts. The community had sales of 287 homes through October 1996 with home sales prices ranging from $99,000 to $20,000. Highland Woods' buyers are generally retired or second home purchasers and over 50. W 16G g THE 1996 PROJECT The 1996 Project, more particularly described below and in the Consulting Engineer's Report included herein as Appendix A, consists of the following: (i) the Roadway Improvements (hereinafter defined); (ii) the Utilities Improvements (hereinafter defined); (iii) Earthwork and Clearing (hereinafter defined); (iv) the Stormwater Management Improvements (hereinafter defined); (v) the Parks and Security Improvements (hereinafter defined); and (vi) Wetland Mitigation (hereinafter defined). All components of the 1996 Project will be owned and operated by the District, other than the Utilities Improvements, which will be conveyed to the County. The 1996 Project has been divided into two phases. Phase I has heretofore been completed by the Developer and consists of approximately 85% of the master infrastructure needed for the Development. Phase Two, representing the balance of the master infrastructure needed for the Development, is scheduled to be completed by the District in December 199'i. Proceeds of the 1996 Bonds will be applied to pay a portion of the purchase price to acquire Phase 1 of the 1996 Project from the Developer. As noted earlier herein, amounts on deposit in the 1996 Reserve Account in excess of the 1996 Reserve Account Requirement will be applied to pay to the Developer the Deferred Payments for the 1996 Project, representing the remaining amount due with respect to the Eprice of Phase 1. The balance of the proceeds of the 1996 Bonds will be applied by the District to finance Phase II of the 1996 Project. Components of the 1996 Project The roadway improvements (the "Roadway Improvements ") consist of the construction of approximately four miles of roadway, which will have two -lane undivided and four -lane divided sections. The Roadway Improvements will provide access throughout the District and will connect to the existing public roadways that border the District. The utilities improvements (the "Utilities Improvements' consist of potable water and wastewater collection /transmission and irrigation systems. The potable water improvements consist of approximately 22,000 linear feet of 8 -inch and 10 -inch distribution mains which will connect to the County's water system. The wastewater improvements consist of approximately 16,000 linear feet of gravity collection mains which will connect to five on -site pumping stations and 10,000 linear square of force mains that will connect these stations to the on -site master pumping station and, ultimately, to the County's wastewater system. The irri tion systems consist of an irrigation lake with recharge wells and pump stations to recharge the irrigation lake from the on -site water management lakes, an irrigation pumping station and irrigation distribution mains. Earthwork and clearing (the "Earthwork and Clearing ") consists of the excavation of approximately 75 acres of stormwater management, irrigation and park amenity lakes within the District, which will result in approximately 1.5 million cubic yards of fill material for use in connection with the construction of infrastructure in the District. 27 16G The stormwater management improvements (the " Stormwater Management Improvements') consist of excavated stormwater management lakes, drainage pipes, catch basins, swales, berms and water control structures. Stormwater runoff from within the District will be collected and conveyed to the stormwater management lakes for water quality treatment and quantity storage. The stormwater will discharge from the six water control structures to spreader swales which discharge to overland flow through the conservation areas to the south and west areas of the District. Par rid 'Security Improvements The Parks and Security Improvements (the "Parks and Security Improvements") consist of landscaping and security for the District. Landscaping is provided in park areas, roadways, perimeter monument walls and District entrances and will include sod, annual flowers, shrubs, ground cover, littoral plantings in lakes, and trees. Security for the District will be provided with a manned guardhouse at the State Road 84 entrance to the District, an electric gatehouse at the County Road 951 entrance to the District, entrance walls and berms located along adjacent public rights -of -way and fencing along the southern perimeter of the District. Wetland mitigation (the "Wetland Mitigation ") consists of the construction and planting of aquatic littoral zones in the stormwater management lakes, removal of exotic plant species from the preserve areas and restoration and enhancement of the wetland hydroperiods within the wetland preserves and wildlife management areas. SPECIAL ASSESSMENT METHODOLOGY The allocation of benefits and costs to benefitted parcels within the Development is presented in the Special Assessment Methodology, included herein as Appendix E. TAX MATTERS Opinion of Bond Counsel In the opinion of Bond Counsel, the form of which is included as Appendix C hereto, the interest on the 1996 Bonds is excludable from gross income and is not a specific item of tax preference for federal income tax purposes under existing statutes, regulations, rulings and court decisions. However, interest on the 1996 Bonds is taken into account in determining adjusted current earnings for purposes of computing the alternative minimum tax imposed on corporations pursuant to the Internal Revenue Code of 1986, as amended (the "Code'. Failure by the District to comply subsequently to the issuance of the 1996 Bonds with certain requirements of the Code, regarding the use, expenditure and investment of bond proceeds and the timely payment of certain investment earnings to the Treasury of the United States, may cause interest on the 1996 Bonds to become includable in gross income for federal income tax purposes retroactive to their date of issue. The District has covenanted in the Indenture to comply with all provisions of the Code necessary to, among other things, maintain the exclusion from gross income of interest on the 1996 Bonds for purposes of federal income taxation. In rendering this opinion, Bond Counsel has assumed continuing compliance with such covenants. 28 Internal Revenue Code of 1986 I6G The Code contains a number of provisions that apply to the 1996 Bonds, including, among other things, restrictions relating to the use of investment of the proceeds of the 1996 Bonds and the payment of certain arbitrage earnings in excess of the "yield" on the 1996 Bonds to the Treasury of the United States. Noncompliance with such provisions may result in interest on the 1996 Bonds being included in gross income for federal income tax purposes retroactive to their date of issue. Collateral Tax Consequences Except as described above, Bond Counsel will express no opinion regarding the federal income tax consequences resulting from the ownership of, receipt of accrual of interest on, or disposition of, the 1996 Bonds. Prospective purchasers of the 1996 Bonds should be aware that the ownership of the 1996 Bonds may result in other collateral federal tax consequences. For example, ownership of the 1996 Bonds may result in collateral tax consequences to various types of corporations relating to: (1) denial of interest deduction to purchase of carry such 1996 Bonds; (2) the branch profits tax; (3) the environmental tax; and (4) the inclusion of interest on the 1996 Bonds in passive income for certain Subchapter S corporations. In addition, the interest on the 1996 Bonds may be included in gross income by recipients of certain Social Security and Railroad Retirement benefits. PURCHASE, OWNERSHIP, SALE OR DISPOSITION OF THE 1996 BONDS AND THE RECEIPT OR ACCRUAL OF THE INTEREST THEREON MAY HAVE ADVERSE FEDERAL TAX CONSEQUENCES FOR CERTAIN INDIVIDUAL OR CORPORATE BONDHOLDERS, INCLUDING, BUT NOT LIMITED TO, THE CONSEQUENCES DESCRIBED ABOVE. PROSPECTIVE BONDHOLDERS SHOULD CONSULT WITH THEIR TAX SPECIALISTS FOR INFORMATION IN THAT REGARD. Florida Taxes In the opinion of Bond Counsel, the 1996 Bonds and the interest thereon are exempt from taxation under the laws of the State of Florida, except as to estate taxes and taxes imposed by Chapter 220, Florida Statutes, on interest, income or profits on debt obligations owned by corporations, as defined in Chapter 220. Other Tax Matters Interest on the 1996 Bonds may be subject to state or local income taxation under applicable state or local laws in other jurisdictions. Purchasers of the 1996 Bonds should consult their tax advisors as the income tax status of interest on the 1996 Bonds in their particular state or local jurisdictions. During recent years iegislative proposals have been introduced in Congress, and in some cases enacted, that altered certain federal tax consequences resulting from the ownership of obligations that are similar to the 1996 Bonds. In some cases these proposals have contained provisions that altered these consequences on a retroactive basis. Such alteration of federal tax consequences may have affected the market value of obligations similar to the 1996 Bonds. From time to time, legislative proposals are pending which could have an effect on both the federal tax consequences resulting from ownership of the 1996 Bonds and their market value. No assurance can be given that additional legislative proposals will not be introduced or enacted that would or might apply to, or have an adverse effect upon, the 1996 Bonds. F': 16G AGREEMENT BY THE STATE Under the Act, the State of Florida pledges to the holders of any bonds issued thereunder, including the 1996 Bonds, that it will not limit or alter the rights of the issuer of such bonds to own, acquire, construct, reconstruct, improve, maintain, operate or furnish the projects subject to the Act or to levy and collect taxes, assessments, rentals, rates, fees and other charges provided for in the Act and to fulfill the terms of any agreement made with the holders of such bonds and that it will not in any way impair the rights or remedies of such holders. LEGALITY FOR INVESTMENT The Act provides that bonds issued by community development districts are legal investments for savings banks, banks, trust companies, insurance companies, executors, administrators, trustees, guardians, and other fiduciaries, and for any board, body, agency, instrumentality, county, municipality or other political subdivision of the State of Florida, and constitute securities that may be deposited by banks or trust companies as security for deposits of state, county, municipal or other public funds, or by insurance companies as required or voluntary statutory deposits. SUITABILITY FOR INVESTMENT This offering is limited by the Underwriter to accredited investors within the meaning of the rules of the Florida Department of Banking and Finance. Investment in the 1996 Bonds poses certain economic risks. Prospective investors in the 1996 Bonds should have such knowledge and experience in financial and business matters to be capable of evaluating the merits and risks of an investment in the 1996 Bonds and have the ability to bear the economic risks of such prospective investment, including a complete loss of such investment. Although no dealer, broker, salesman or other person has been authorized by the District or the Underwriter to give any information or make any representations, other than those contained in this Limited Offering Memorandum, and, if given or made, such other information or representations must not be relied upon as having been authorized by either of the foregoing, each prospective investor will be given access to such additional information, including the benefit of a site visit of the District and the opportunity to ask questions of the Developer as such investor deems necessary in order to make an informed decision with respect to the purchase of the 1996 Bonds. Prospective investors are encouraged to request such additional information, visit the District and ask such questions. Such requests should be directed to: Mr. Doug Sealy Managing Director Prager, McCarthy & Sealy 200 South Orange Avenue, Suite 1900 Orlando, Florida 32801 Telephone: 407 - 481 -9182 30 16G DISCLOSURE REQUIRED BY FLORIDA BLUE SKY REGULATIONS n Section 517.(151, Florida Statutes, and the regulations promulgated thereunder (the Disclosure Act") requir,7 that the District make a full and fair disclosure of any bonds or other debt obligations that it has issued or guaranteed and that are or have been in default as to principal or interest at any time after December 31, 1975 (including bonds or other debt obligations for which it has served on as a conduit issuer such as industrial development or private activity bonds issued on behalf of private businesses). The District is not and has not ever been in default as to principal and interest on its bonds or other debt obligations. ENFORCEABILITY OF REMEDIES The remedies available to the owners of the 1996 Bonds upon an event of default under the Indenture are in many respects dependent upon judicial actions, which are often subject to discretion and delay. Under existing constitutional and statutory law and judicial decisions, including the federal bankruptcy code, the remedies specified by the Indenture and the 1996 Bonds may not be readily available or may be limited. The various legal opinions to be delivered concurrently with the delivery of the 1996 Bonds will be qualified, as to the enforceability of the remedies provided in the various legal instruments, by limitations imposed by bankruptcy, reorganization, insolvency or other similar laws affecting the rights of creditors and enacted before or after such delivery. LITIGATION There is no litigation of any nature now pending or threatened restraining or en pining the issuance, sale, execution or delivery of the 1996 Bonds, or in any way contesting or affecting the validity of the 1996 Bonds or any proceedings of the District taken with respect to the issuance or sale thereof, or the pledge or application of any moneys or security provided for the payment of the 1996 Bonds, or the existence or powers of the District. NO RATING No application for a rating has been made to any rating agency, nor is there any reason to believe that the District would have been successful in obtaining an investment grade rating for the 1996 Bonds had application been made. CONTINUING DISCLOSURE The Act requires that financial statements of the District be audited by an independent certified public accountant at least once a year. The current fiscal year of the District commences October l and the audited financial statements are generally available within 180 days after the end of each fiscal year. The Act further provides that the District's budget for the following fiscal year be adopted prior to October 1 of each year. Meetings of the District's Board of Supervisors are open to the public, and a proposed schedule of meetings for the year is published at the beginning of each year. Notice of meetings is published and the agenda for meetings are made available to the public prior to each meeting. 31 16G The District and the Developer have covenanted in a Continuing Disclosure Agreement for the benefit of Bondholders in accordance with Rule 15(c)(2)(12)(b)(5) of the Securities and Exchange Commission to provide certain financial information and operating data relating to the District and the Developer by certain dates prescribed in the Continuing Disclosure Agreement (the "Annual Report"), certain quarterly operating data related to the Development by no later than January 31, April 30, July 31 and October 31 in each year, commencing April 30, 1997 (the "Quarterly Reports') and to provide notices of the occurrence of certain enumerated material events. The Annual Report will be filed by the District or a dissemination agent on behalf of the District with each Nationally Recognized Municipal Securities Information Repository ( "NRMSIR "). The notices of material events will be filed pal the District or a dissemination agent on behalf of the District with the Municipal Securities Rulemaking Board (and with each NRMSIR). The specific nature of the information to be contained in the Annual Report, the Quarterly Reports and the notices of material events is set forth in "Appendix D - Proposed Form of Continuing Disclosure Agreement." UNDERWRITING Prager, McCarthy & Sealy (the "Underwriter ") has agreed pursuant to a contract with the District, subject to certain conditions, to purchase the 1996 Bonds from the District at a purchase price of $ _T plus accrued interest from December 1, 1996. The Underwriter's obligations are subject to certain conditions precedent and the Underwriter will be obligated to purchase all the 1996 Bonds if any are purchased. The 1996 Bonds may be offered and sold to certain dealers, banks and others at prices lower than the initial offering prices, and such initial offering prices may be changed from time to time by the Underwriter. EXPERTS The references herein to McAnly Engineering and Design, Inc., as the District's Consulting Engineer, have been approved by said firm, and the Consulting Engineer's Report, included in Appendix A to this Limited Offering Memorandum, should be read in its entirety for complete information with respect to the subjects discussed therein. Fishkind & Associates, Inc., has served as Financial Advisor to the District with respect to the issuance and delivery of the 1996 Bonds. The Financial Advisor has also prepared the assessment methodology set forth in the Special Assessment Methodology included herein as Appendix E. LEGAL MATTERS Certain legal matters related to the authorization, sale and delivery of the 1996 Bonds are subject to the approval of Nabors, Giblin and Nickerson, P.A., Tampa, Florida, Bond Counsel. Certain legal matters will be passed upon for the Underwriter by its counsel, Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, Florida. Certain legal matters will be passed upon by Young, van Assenderp & Varnadoe, P.A., Naples and Tallahassee, Florida Counsel to the District. Certain legal matters will be passed upon for the Trustee by its counsel, Holland & Knight, Miami, Florida. 32 166 MISCELLANEOUS Any statements made in this Limited Offering Memorandum involving matters of opinion or estimates, whether or not expressly so stated, are set forth as such and not as representations of fact, and no representations are made that any of the estimates will be realized. The references herein to the 1996 Bonds and other documents referred to herein are brief summaries of certain provisions thereof. Such summaries do not purport to be complete and reference is made to such documents for full and complete statements of such provisions. Contemporaneously with the issuance of the 1996 Bonds, Bond Counsel wili deliver its opinion to the effect that the summaries of the Indenture, 1996 Bonds, the Continuing Disclosure Agreement and the provisions of the Code are fair and accurate summaries of such provisions and the Chairman of the District will famish a certificate to the effect that nothing has come to his attention that would lead him to believe that this Limited Offering Memorandum (excluding the information under the captions "DESCRIPTION OF THE 1996 BONDS - Book -Entry Only," 'and "THE DEVELOPMENT' and "THE DEVELOPER "), as of its date and as of the date of delivery of the 1996 Bonds, contains an untrue statement of a material fact or omits to state a material fact which should be included herein for the purposes for which the Limited Offering Memorandum is to be used, or which is necessary to make the statements herein, in the light of the circumstances under which they were made, not misleading. This Limited Offering Memorandum has been prepared in connection with the sale of the 1996 Bonds and may not be reproduced or used, as a whole or as a part, for any purpose. This Limited Offering Memorandum is not to be construed as a contract with the purchaser or the Holders or Beneficial Owners of any of the 1996 Bonds. This Limited Offering Memorandum has been duly authorized, executed and delivered by the District. NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT By: Chairman, Board of Supervisors 33 CONSULTING ENGINEER'S REPORT ti Appendix A - 1 166 ENGINEER'S REPORT FOR THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT PREPARED FOR: BOARD OF SUPERVISORS NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT ENGINEERS: McANLY ENGINEERING AND DESIGN, INC. 5101 EAST TAMIAMI TRAIL SUITE 202 NAPLES, FLORIDA 34113 FINANCIAL ADVISOR: FISHKIND AND ASSOCIATES 2424 RESEARCH PARKWAY SUITE 275 ORLANDO, FLORIDA 32826 NOVEMBER 1996 16G 16G • TABLE OF CONTENTS SECTION PAGE NO 1. INTRODUCTION 3 2. DISTRICT BOUNDARIES AND PROPERTIES SERVED S 3. PROPOSED DISTRICT INFRASTRUCTURE 8 4. OPINION OF PROBABLE CONSTRUCTION COSTS 11 S. PERMITS 13 TABLES TABLE 1 SUMMARY OF OPINION OF PROBABLE COSTS FOR THE 12 DISTRICT INFRASTRUCTURE TABLE 2 LAND USE SUMMARY 3 EXHIBITS EXHIBIT A PUD ZONING AND CURRENT CONSTRUCTION WITHIN 7 DISTRICT BOUNDARIES AND PROPERTIES SERVED APPENDIX SUPPLEMENTAL ENGINEER'S REPORT PHASE ONE 14 2 16G NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT I ENGINEER'S REPORT 1.1 Description of Naples Heritage Community Development District The community development served by the Community Development District is located in Collier - County, Florida lying within Sections 3, 4, 9 & 10, Township 50 South, Range 26 East and more precisely being South of Davis Boulevard and East of County Road 951. The development has entrances on both Davis Boulevard and County Road 951. The Davis Boulevard entrance was designed to align with the proposed Islesworth Community. The completed subdivision will contain a maximum 799 dwelling units. The project has a mixture of single and two family units, two - story and four -story condominium units, a complete 18 -hole golf course with aqua driving range, clubhouse facility, satellite recreation facilities, lake/water management system and conservation areas. The PUD was approved by the Board of Collier County commissioners on December 12, 1995. The PUD Master Plan was approved as the Subdivision Master Plan per the PUD Ordinance 95 -74. The Board of Collier County approved the establishment of the Naples Heritage Community Development District on September 24, 1996 and its boundaries are coterminous with those of the development. The community will be developed in two phases. Construction of Phase One improvements began in February 1996 and consists of infrastructure to serve 431 residential units. Construction of Phase Two is anticipated to start in January 1997. TABLE 2 3 16G 1.2 Purpose add Scope of the Report The purpose of this report is to provide a description of the Naples Heritage Community Development District, the capital improvements to be constructed and financed by the district and an apportionment of the costs for the capital improvements, and their operation and maintenance. The financing and assessment methodology will developed by the District's financial advisor. A 4 b 2 DISTRICT BOUNDARIES AND PROPERTTES SERVED 2.1 District Boundaries Exhibit "A" delineates the proposed boundaries of the Distrii surrounded by agricultural, residential, undeveloped, preserve including State Road 84 to the Northwest and County Road 951 National Golf Club and agricultural lands to the South and residential and agricultural lands to the North; agricultural ani range to the West; and undeveloped residential to the South. 2.2 Description of Properties Served 16G t. The District is nd public land uses to the East; Naples East; undeveloped public golf driving The District is located in Section 3, 4, 9 and 10, Township 50 South, Range 26 East, Collier County, Florida. The District boundaries are under ownership by US Home Corporation and Clyde Quinby, Trustee. The existing land within the District consists of wetlands and forested open space. The terrain is flat with elevations ranging from 9 to l l feet NGVD. Ground water is generally at or above natural ground to one foot below natural ground during the wet season. The dry season water table may drop up to 5 feet. The entire property within the District is zoned 'Planned Unit Development" (PUD) and is depicted on Exhibit "A ". 2.3 Existing Infrastructure The District is located within the Collier County Water -Sewer District which provides water, wastewater and irrigation services to the community. The Collier County Board of County Commissioners serves as Ex- Officio governing board of the Collier County Water -Sewer District. Potable water for the community will be provided by connection to and extension of existing Collier County Water -Sewer District water mains. There is an existing 16" main located in the State Road 84 right -of -way and an existing 20" main located in the County Road 951 right -of -way. The potable water is provided by the Collier County Regional Water Plant. Wastewater from the community will be collected within the site and pumped via force mains and pumping stations to the master pump station located in the easterly portion of the site. This master pump station then pumps via a 10" force io an existing, 12" force main located in the County Road 951 right -of -way to the South County Regional Wastewater Treatment Facility. 5 MI 16G Irrigation water service will be provided by the Collier County Water -Sewdr District when reclaimed water becomes available from the South County Regional Wastewater Treatment Facility. Effluent mains have not been extendea to the community at this time. When said mains are extended, the irrigation lake will serve as an effluent storage pond. On -site pumping and storage facilities will supplement the effluent system. The District is located within the Lely Canal Drainage Basin with the receiving body being the Lely Canal. This system then discharges to coastal basins to the south of US 41. The District is adjacent to two major arterial roadways. State Road 84 to the northwest and County Road 951 to the east. The District will have a major connection at each of these arterials. The District is located within the franchise areas of Florida Power and Light and Sprint United Telephone of Florida. Cable service is available from Continental Cablevision. These utilities are expected to provide electrical power, telephone service and cable television to the District. All utilities are available to the property or will be during the development of the infrastructure. 6 16G PROPOSED I. . ,3.1 „ §ummary of the proposed District infrastructure The District infrastructure will generally consist of the following: • Roadways • Utilities • Earthwork • Water Management • Parks and Security • Wetland Mitigation • Professional Services • Miscellaneous Costs 3.2 Roadways The roadways within the District will consist of two -lane undivided and 4 -lane divided sections. the roadways will provide access to the various land uses within the District and will connect to the existing public roadways which border the District. The roadways will be constructed with platted rights -of -ways or access easements. Presently there are four miles of roadway proposed for construction. The roadways will constructed of stabilized subgrade, limerock base, asphalt paving, curbing and gutter, sidewalks, signage and striping. The roadways will also include landscaping and streetlighting. The street lighting will be provided and installed by Florida Power and Light. The landscaping will be addressed in a subsequent section. The roadways will be designed and constructed in accordance with appropriate - Collier County Subdivision and PUD Standards. 3.3 Utilities The utilities within the District will consist of potable water, wastewater collection/transmission and irrigation systems which will be designed and constructed in accordance with the appropriate Collier County Water -Sewer District and Florida Department of Environmental Protection standards. It is anticipated the potable water and wastewater collection /transmission systems will be conveyed by the District to the Collier County Water -Sewer District for ownership, operation and maintenance after completion of construction. The potable water facilities will consist of 8” and 10" distribution mains with, all required valves, fire hydrants and water services to individual lots and development tracts. Connections to the existing Collier County system will be located at State 7 16G Road 84 to the west and County Road 951 to the east. There will be approximately 22,000 linear feet of water main constructed. The wastewater facilities will consist of gravity collection mains with individual lot and development tract services flowing to five on -site pumping stations, force mains connecting these station to the on -site master pumping station and a force main to connect to the existing Collier County system located in the County Road 951 right - of -way adjacent to the east property line of the community. It is estimated that 16,000 linear feet of gravity collection system and 10,000 feet of force main. The irrigation system will consist of an irrigation lake with recharge wells and pump stations to recharge the irrigation lake from the on -site water management lakes, an irrigation pumping station and irrigation distribution mains with services for lots, development parcels, roadways, landscaped areas and golf course playing areas and amenities. The irrigation lake will become a reclaimed water storage facility when Collier County can provide reclaimed water to the community. Presently a 10" reclaimed water main is installed from the State Road 84 entrance to the irrigation lake. This main will connect to the County system when that system has been extended to the community. Approximately 30,000 linear feet of irrigation main will be constructed. 3.4 Earthwork and Clearing Stormwater management, irrigation and park amenity lakes within the District will be excavated and the material will be used for fill of roadways, golf course construction and development tracts. It is necessary to fill these components to provide minimum finished elevations for typical storm events and flood protection. Also due to unsuitable material located at the substrata of the community, rock burial zones have been utilized where possible in the community to generate suitable fill for the community. The lakes will be excavated in accordance with the size and depth requirements of the Collier County Land Development Code and South Florida Water Management District. Approximately 74 acres of lakes will be excavated resulting in approximately 1.5 million cubic yards of material. All material will remain on -site for construction of proposed infrastructure. 3.5 Storm water Management The District stormwater management system consists of excavated stormwater management lakes, drainage pipes, catch basins, swales, berms and water control structures. Stormwater runoff from within the District will be collected and conveyed to the stormwater management lakes for water quality treatment and quantity storage. The stormwater will discharge from the six water control structures to spreader swales 16G which discharge to overland flow through the conservation areas to the south and west. The stormwater management will be designed and constructed in accordance with South Florida Water Management District standards for water quality treatment, quantity storage and flood protection. 3.6 Parks and Security Landscaping will be provided in park areas, roadways, perimeter monument walls and District entrances. I.,andscaping will consist of sod, annual flowers, shrubs, ground cover, littoral plantings in lakes and trees. Existing vegetation will be utilized where possible. Security for the district will be provided with a manned guardhouse at the State Road 84 entrance, electric gatehouse at the County Road 951 entrance, entrance walls and berms located along adjacent public rights -of -way and fencing along the southerly perimeter of the community. These facilities will be landscaped to blend into the community and its environment. 3.7 Wetland Mitigation The wetland mitigation within the District will consist of the construction and planting of aquatic littoral zones in the stormwater management lakes, removal of exotic plant species from the preserve areas and restoration and enhancement of the wetland hydroperiods within the wetland preserves and wildlife management areas. 3.8 Professional Services The professional services for design and construction of all components within the District consist of engineering of walls and structures for security, roadways, utilities, soils investigation and testing, landscape design, environmental consultation and construction services for inspection of infrastructure during construction. 3.9 Miscellaneous Costs These costs include permitting fees for construction of required District infrastructure, bonding for these facilities, construction inspection services and formation of the District. E 16G �n � r 1 -1 r r r r r t 1� �1 1 1 1 : = •o MAP �� iJrGT�� 1�i�ii�il��r vu.� • to r 1 166 4. OPINION OF PROBABLE CONSTRUCTION COSTS An opinion of probable costs in 1996 dollars for the District inhastructure is represented in Table 1. The District will be financing the proposed infrastructure. The total includes.& 10% contingency for the entire costs of District infrastructure. All costs are represented in 1996 dollars. The professional fees consist of land surveying and engineering of infrastructure, environmental permitting, landscape design, miscellaneous structural engineering, soils investigation and testing, and engineering construction services that are necessary for the design, permitting and services during construction of the District infrastructure. The miscellaneous costs consist of permitting fees, bonding, construction engineering inspection services and Community Development District formation that are necessary during construction of District infrastructure.. The costs do not include the legal, administrative, financing, operation or maintenance services necessary to finance, construct and operate the District infrastructure. It is my professional opinion that these costs are reasonable for the quality of work. performed. 11 4 16G TABLE 1 SUMMARY OF THE OPINION OF PROBABLE COST FOR NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT Note: These smourks sne represented in 1996 dollars. 12 6. Permits Permits for construction are required prior to the commencement of infrastructure improvements. These permits include the following: • Local zoning approval. • Army Corps of Engineers Dredge and Fill Permit. • South Florida Water Management Districi Surface Water and Water Use Permit. • Environmental Protection Agency NPDES. r • Local Development orders by Collier County • Florida Department of Environmental Protection Water and Wastewater Construction Permits. All approvals and permits have been obtained for the golf course construction and Phase One infrastructure. The Phase Two Construction plans are presently in for review with Collier County and will be approved in November 1996. All necessary permits for construction of Phase Two will be obtained in December 1996. The District Engineer will certify that all permits necessary to complete Phase 1 have either been obtained or, in his professional opinion, will be obtained and that there is no reason to believe that the necessary permits cannot be obtained for the entire development. 166 ': 13 166 THEINDENTURE Appendix B - I 16G MASTER TRUST INDENTURE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT TO FIRST UNION NATIONAL BANK OF FLORIDA, AS TRUSTEE Dated as of December 1, 1996 fir. . 16G 16G TABLE OF CONTENTS This Table of Contents is incorporated herein for ease of reference only as shall not be deemed a part of the Master Trust Indenture. r ARTICLE I DEFINITIONS Section 101. Meaning of Words and Terms ........... . . . 3 Section 102. Rules of Construction ..... 16 ARTICLE II FORM, EXECUTION, DELIVERY AND DESIGNATION OF BONDS Section 201. ' Issuance of Bonds ............. 16 Section 202. Details of Bonds ........ • ... • • • • ....... • ..... • .. 16 Section 203. Execution and Form of Bonds • .... • . • • ............ • . • ... 17 -Section 204. Negotiability, Registration and Transfer of Bonds 17 Section 205. Ownership of Bonds ......... . . . . • . ' . . . . • • ' ' ' Section 206. Special Obligations .... .......................... • ... 18 Section 207. Authorization of Bonds . • • ...... • . • • • • • • • l 8 Section 208. Temporary Bonds ..... ............................... • .... 18 Section 209. Mutilated, Destroy 20 Destroyed or Lost Bonds . 20 Section 210. Pari Passu Obligations Under Credit Agreements ' . .. • .. • • • • • . . ' • Section 211. Bond Anticipation Notes .. ' ' ' ' ' ' ' • • • • • • • • • • 20 Section 212. Tax Status of Bonds ...... ' • • • • • • • .. 20 ......... .............................21 ARTICLE III REDEMPTION OF BONDS Section 301. Redemption Generally ..... , , • , • • • • . Section 302. Notice of Redemption; Procedure for Selection ....... 21 22 Section 303. Effect of Calling for Redemption . Section 304. Cancellation ... 23 24 ARTICLE IV ACQUISITION AND CONSTRUCTION FUND Section 401. Acquisition and Construction Fund Section 402. Pa ents From A " " " " " " " .24 Ym cquisition and Construction Fund Section 403. Cost of Project .... ................ 24 Section 404. Disposition of Balances in Acquisition and Construction Fund . 24 .......25 ARTICLE V ESTABLISHMENT OF FUNDS AND APPLICATION THEREOF 6 G Section 501. Section 502. Lien ...................... .............................25 Establishment-of Funds and Accounts .......................... 26 Section 503. Acquisition and Construction Fund ............................ 27 Section 504. Revenue Fund and Series Revenue Accounts ..................... 28 Section 505. Debt Service Fund and Series Debt Service Accounts ..... . ........ 28 Section 506. Optional Redemption ....... ............................... 30 Section 507. Rebate Fund and Series Rebate Accounts ....................... 32 Section 508. Investment of Funds and Accounts ............................ 33 Section 509. Deficiencies and Surpluses in Funds ........................... 34 Section 510. Investment Income ......... ............................... 35 Section 511. Cancellation of Bonds ....... ............................... 35 ARTICLE VI CONCERNING THE TRUSTEE Section 601. Acceptance of Trust ........ ............................... 36 Section 602. No Responsibility for Recitals . ............................... 36 Section 603. Trustee May Act Through Agents; Answerable Only for Willful Misconduct or Gross Negligence .............. . ............... 36 Section 604. Compensation and Indemnity . ............................... 36 Section 605. No Duty to Renew Insurance . ............................... 37 Section 606, Notice of Default; Right to Investigate ......................... 37 Section 607. Obligation td Act on Defaults . ............................... 37 Section 608. Reliance by Trustee .......... ............................... 37 Section 609. Trustee May Deal in Bonds ... ............................... 37 Section 610. Construction of Ambiguous Provisions ......................... 37 Section 611. Resignation of Trustee ...... ............................... 38 Section 612. Removal of Trustee ......... ............................... 38 Section 613. Appointment of Successor Trustee ............................ 38 Section 614. Qualification of Successor Trustee ............................ 38 Section 615. Instruments of Succession .... ............................... 39 Section 616. Merger of Trustee .......... ............................... 39 Section 617. Resignation of Paying Agent or Bond Registrar ................... 39 Section 618. Removal of Paying Agent or Bond Registrar ..................... 39 Section 619. Appointment of Successor Paying Agent or Bond Registrar ......... 40 Section 620. Qualifications of Successor Paying Agent or Bond Registrar ......... 40 Section 621. Acceptance of Duties by Successor Paying Agent or Bond Registrar ... 40 Section 622. Successor by Merger or Consolidation ......................... 40 ii 16G ARTICLE VII FUNDS CONSTITUTE TRUST FUNDS Section 701. Trust Funds .............. ............................... 41 ARTICLE VIII COVENANTS AND AGREEMENTS OF THE DISTRICT Section 801. Payment of Bonds .......... ............................... 41 Section 802. Extension of Payment of Bonds ............................... 42 Section 803. Further Assurance .......... ............................... 42 Section 804. Power to Issue Bonds and Create a Lien ........................ 42 Section 805. Power to Undertake Series Projects and to Collect Pledged Revenues .. 42 Section 806. Sale of Series Projects ....... ............................... 42 Section 807. Completion and Maintenance of Series Projects .................. 43 Section 808 Accounts and Reports ....... ............................... 43 Section 809. Arbitrage and Other Tax Covenants ... I ....................... 44 Section 810. Enforcement of Payment of Assessments, Benefit Special Assessments, Impact Fees and Maintenance Special Assessments ..... 44 Section 811. Method of Collection of Assessments, Benefit Special Assessments and Maintenance Special Assessments ....... I ........ 44 Section 812. Delinquent Assessments, Benefit Special Assessments or Maintenance Special Assessments ............................. 45 Section 813. Deposit of Proceeds from Sale of Tax Certificates ................. 46 Section 814. Sale of Tax Deed or Foreclosure of Assessment, Benefit Special Assessment or Maintenance Special Assessment Liens ....... 46 Section 81 S. Other Obligations Payable from Assessments, Benefit Special Assessments, Impact Fees or Maintenance Special Assessments ...... 47 Section 816. Re- Assessments ........... ............................... 47 Section 817. General ................................................. 47 ARTICLE IX EVENTS OF DEFAULT AND REMEDIES Section 901. Extension of Interest Payment . ............................... 47 Section 902. Events of Default .......... ............................... 48 Section 903. Acceleration of,Maturities of Bonds of a Series ................... 49 Section 904. Enforcement of Remedies .... ............................... 49 Section 905. Pro Rata Application of Funds Among Owners of a Series of Bonds ... 49 Section 906. Effect of Discontinuance of Proceedings ...:.................... 51 Section 907. Restriction on Individual Owner Actions ........................ 51 Section 908. No Remedy Exclusive ....... ............................... 51 Section 909. Delay Not a Waiver ........ ............................... 51 Section 910. Right to Enforce Payment of Bonds ................ '........... 52 ul Section 911. No Cross Default Among Series ....................... Section 912. Indemnification ............................... ........ . ARTICLE X EXECUTION OF INSTRUMENTS BY OWNERS AND PROOF OF OWNERSHIP OF BONDS 52 16G 52 Section 1001. Execution of Instruments by Owners and Proof of Ownership of Bonds ........ ............................... 52 Section 1002. Deposit of Bonds .......... ............................... 53 ARTICLE XI SUPPLEMENTAL INDENTURES Section 1101. Supplemental Indentures Without Owners' Consent ............. I .. 53 Section 1102. Supplemental Indentures With Owner Consent ................... 54 Section 1103. Opinion of Bond Counsel With Respect to Supplemental Indenture .... 55 Section 1104. Supplemental Indenture Part of Indenture ....................... 55 Section 1105. Insurer or Issuer of a Credit or Liquidity Facility as Owner of Bonds ... 55 ARTICLE XII DEFEASANCE Section 1201. Defeasance and Discharge of the Lien of this Master Indenture and Supplemental Indentures ......................... 56 Section 1202. Moneys Held in Trust ....... ............................... 59 ARTICLE )III MISCELLANEOUS PROVISIONS Section 1301. Effect of Covenants ........ ............................... 60 Section 1302. Manner of Giving Notice to the District and the Trustee ............ 60 Section 1303. Manner of Giving Notice to the Owners ......................... 61 Section 1304. Successorship of District Officers ............................. 61 Section 1305. Inconsistent Provisions ...... ............................... 61 Section 1306. Further Acts .............. ............................... 61 Section 1307. Headings Not Part of Indenture ............................... 61 Section 1308. Effect of Partial Invalidity .... ............................... 61 Section 1309. Attorney's Fees ' ............ ............................... 61 Section 1310. Effective Date :............ ............................... 62 = iv 16G MASTER TRUST INDENTURE THIS IS A MASTER TRUST INDENTURE, dated as of December 1, 1996, by and between NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT, a local unit of special - purpose government organized and existing under the laws of the State of Florida (the "District "), and First Union National Bank of Florida, as trustee (the "Trustee "), a national banking association existing under the laws of the United States and having the authority to exercise corporate trust powers, with its principal corporate trust office located in Miami., Florida and its designated office and post office address located at One First Union Financial Center, 200 South Biscayne Boulevard, 14th Floor, Miami, Florida 33131, Attention: Corporate Trust Department. WHEREAS, the District is a community development district duly organized, created, established and existing under the provisions of Chapter 190, Florida Statutes, as amended (the "Act "), for the purpose, among other things, of financing and managing the acquisition, construction, maintenance, and operation of the major infrastructure within the boundaries of the District, and WHEREAS, the District has the power and authority under the Act to issue special assessment bonds and revenue bonds and to use the proceeds thereof to finance the cost of acquiring and constructing assessable improvements (as defined in the Act) and, by virtue of Section 190.022 of the Act, to levy and collect special assessments therefor as provided in Chapter 170, Florida Statutes, as amended and to levy and collect user charges and fees therefor as provided in Section 190.011, Florida Statutes, as amended; and WHEREAS, the District has the power and authority under the Act to issue revenue bonds and to use the proceeds thereof to finance the cost of acquiring and constructing water management and control facilities (as defined in the Act) and, by virtue of Section 190.021 of the Act, to levy and collect Benefit Special Assessments (hereinafter defined) and Maintenance Special Assessments (hereinafter defined) and Impact Fees (hereinafter defined) therefor; and WHEREAS, the District has found and determined and does hereby find and determine, that acquisition and construction of the Series Projects (hereafter defined) is and will be necessary and desirable in serving the District's goal of properly managing the acquisition, construction, and operation of portions of the infrastructure within the boundaries of the District; NOW, THEREFORE, THIS MASTER TRUST INDENTURE WTTNESSETH: GRANTING CLAUSES That the District, in consideration of the premises and acceptance by the Trustee of the trusts hereby created and the purchase and - acceptance of the Bonds (hereafter defined) by the Owners (hereafter defined), and of the sum of ten dollars (S10,00), lawful money of the United States of America, to it duly paid by the Trustee at or before the execution and delivery of this Master 16G Indenture, and for other good and valuable consideration, the receipt of which is hereby acknowledged, in order to secure the payment of the principal of, premium, if any, and interest on the Bonds of a Series (hereafter defined) issued hereunder according to their tenor and effect and to secure the performance and observance by the District of all of the covenants expressed or implied herein, in the Supplemental Indenture authorizing the issuance of such Series of Bonds and in the Bonds of such Series, does hereby assign and grant a security interest in the following (herein called the "Trust Estate ") to the Trustee and its successors in trust, and assigns forever, for the securing of the performance of the obligations of the District herein set forth: (i) the Pledged Revenues (hereinafter defined) and Pledged Funds (hereinafter defined); and (ii) any and all property of every kind or description which may from time to time hereafter be sold, transferred, conveyed, assigned, hypothecated, endorsed, deposited, pledged, mortgaged, granted or delivered to, or deposited with, the Trustee as security for any Series of Bonds issued pursuant to this Master Indenture by the District or anyone on its behalf or with its consent, or which pursuant to any of the provisions hereof or of the Supplemental Indenture securing such Series of Bonds may come into the possession or control of the Trustee or of a lawfully appointed receiver, as such additional security, and the Trustee is hereby authorized to receive any and all such property as and for security for the payment of such Series of Bonds and the interest and premium, if any, thereon, and to hold and apply all such property subject to the terms hereof, it being expressly understood and agreed that the Trust Estate established and held hereunder for Bonds of a Series shall be held separate and in trust solely for the benefit of the Owners of the Bonds of such Series, Additional Bonds of such Series and other obligations issued expressly on parity therewith and for no other Series; TO HAVE AND TO HOLD the Trust Estate, whether now owned or held or hereafter acquired, forever; IN TRUST NEVERTHELESS, upon the terms and trusts herein set forth (a) for the equal and proportionate benefit and security of all present and future Owners of the Bonds of a Series, without preference of any Bond of such Series over any other Bond of such Series, (b) for enforcement of the payment of the Bonds of a Series, in accordance with their terms and the terms of this Master Indenture and the Supplemental Indenture authorizing the issuance of such Series of Bonds, and all other sums payable hereunder, under the Supplemental Indenture authorizing such Series of Bonds or on the Bonds of such Series, and (c) for the enforcement of and compliance with the obligations, covenants and conditions of this Master Indenture except as otherwise expressly provided herein, as if all the Bonds at any time Outstanding (hereafter defined) had been authenticated, executed and delivered simultaneously with the execution and delivery of this Master Indenture, all as herein set forth. IT IS HEREBY COVENANTED, DECLARED AND AGREED (a) that this Master Indenture creates a continuing lien equally and ratably to secure the payment in full of the principal oC premium, if any, and interest on all Bonds of a Series which may from time to time be Outstanding hereunder, except as otherwise expressly provided herein, (b) that the Trust Estate shall immediately be subject to the lien of this pledge and assignment without any physical delivery thereof or further act, (c) that the lien of this pledge and assignment shall be a first lien and shall be valid and binding 16G against all parties having any claims of any kind in tort, contract or otherwise against the District, irrespective of whether such parties have notice thereof, and (d) that the Bonds of a Series are to be issued, authenticated and delivered, and that the Trust Estate is to be held, dealt with, and disposed of by the Trustee, upon and subject to the terms, covenants, conditions, uses, agreements and trusts set forth in this Master Indenture and the District covenants and agrees with the Trustee, for the equal and proportionate benefit of the respective Owners from time to time of the Bonds of each respective Series, as follows: ARTICLE I DEFINITIONS Section 101. Meaning of Words and Terms. The following words and terms used in this Master Indenture shall have the following meanings, unless some other meaning is plainly intended: "Accountant" shall mean the independent certified public accountant or independent certified public accounting firm retained by the District to perform the duties of the Accountant under this Master Indenture. "Accountant's Geatificate" shall mean an opinion signed by an independent certified public accountant or firm of certified public accountants (which may be the Accountants) from time to time selected by the District. "Accounts" shall mean all accounts created pursuant to Section 502 hereof except amounts on deposit in the Series Rebate Account within the Rebate Fund. "Accreted Value" shall mean, as of the date of computation with respect to any Capital Appreciation Bonds, an amount (truncated to three (3) decimal places) equal to the original principal amount of such Capital Appreciation Bonds at the date of issuance plus the interest accrued on such Bonds from the date of original issuance of such Capital Appreciation Bonds to the date of computation, such interest to accrue at the rate of interest per annum of the Capital Appreciation Bonds (or in accordance with a table of compound accreted values set forth in such Capital Appreciation Bonds), compounded semi - annually on each Interest Payment Date; provided, however, that if the date with respect to which any such computation is made is not an Interest Payment Date, the Accreted Value of any Bond as of such date shall be the amount determined by compounding the Accreted Value of such Bond as of the immediately preceding Interest Payment Date (or the date of original issuance if the date of computation is prior to the first Interest Payment Date succeeding the date of original issuance) at the rate of interest per annum of the Capital Appreciation Bonds for the partial semi- annual compounding period determined by dividing (x) the number of days elapsed (determined on the basis of a three hundred sixty (360) day year comprised of twelve (12) thirty (3 0) day months) from the immediately preceding Interest Payment Date (or the date of original issuance if the date of computation is prior to the first Interest Payment Date succeeding the date of original issuance), by (y) one hundred eighty (I80). A table. of Accreted Values for the Capital Appreciation Bonds shall be incorporated in a Supplemental .1 6 G Indenture executed by the District upon issuance of any Capital Appreciation Bonds. "Acquisition and Construction Fund" shall mean the fund so designated in, and created pursuant to, Section 502 hereof. "Act" shall mean Chapter 190, Florida Statutes, as amended. "Additional Bonds" shall mean Bonds of a Series, including Completion Bonds, authenticated and delivered pursuant to the terms of a Supplemental Indenture providing for the issuance of pari passu Additional Bonds of such Series. "Additional Series Project" shall mean the acquisition and/or construction of any additions, extensions, improvements and betterments to and reconstructions of a Series Project to be financed, in whole or in part, from the proceeds of any Additional Bonds or Subordinated Debt. "Amortization Installments" shall mean the moneys required to be deposited in the Series Redemption Account within the Debt Service Fund for the purpose of redeeming and paying when due any Term Bonds, the specific amounts and dates of such deposits to be set forth in a Supplemental Indenture. "Assessments" shall mean all non ad valorem special assessments levied and collected by or on behalf of the District pursuant to the Act and pursuant to the assessment plat and the assessment roll referred to therein, together with the interest specified by resolution adopted by the Governing Body, the interest specified in Chapter 170 Florida Statutes (1995), if any such interest is collected by or on behalf of the Governing Body, and any applicable penalties collected by or on behalf of the District, together with any and all amounts received by the District from the We of tax certificates or otherwise from the collection of Delinquent Assessments and which are referred to as such and pledged to a Series of Bonds pursuant to the Supplemental Indenture authorizing the issuance of such Series of Bonds. "Authorized Denomination" shall, except as provided in any Supplemental Indenture relating to a Series of Bonds, mean the denomination of $5,000 or any integral multiple thereof. "Authorized Officer" shall mean any person authorized by the District in writing directed to the Trusters to perform the act or sign the document in question: "Benefit Special Assessments" shall mean assessments levied and collected in accordance with Section 190.021(2), Florida Statutes (1995), as amended from time to time, together with any and all amounts received by the District from the sale of tax certificates or otherwise from the collection of Benefit Special Assessments which are not paid in full when 4 re due and which are referred to as such and pledged to a Series of Bonds pursuant to the Supplemental Indenture authorizing the issuance of such Series of Bonds. "Bond CounseP' shall mean an attorney or firm of attorneys of nationally recognized standing in the field of law relating to municipal bonds selected by the District. ` 1 "Bond Regi ar" or "Registrar" shall mean the bank or trust company designated as si :'-� ;'Supplemental Indenture with respect to a Series of Bonds for the purpose of main the registry of the District reflecting the names, addresses, and other identifying information of Owners of Bonds of such Series. "Bond Year" shall mean, unless otherwise provided in the Supplemental Indenture authorizing a Series of Bonds, the period commencing on the first day of May in each year and ending on the last day of April of the following year. "Bonds" shall mean the Outstanding Bonds of all Series, and, except where the context clearly requires otherwise shall include bond anticipation notes issued in anticipation thereof. "Business Day" shall mean any day excluding Saturday, Sunday or any other day on which banks in the cities in which the designated corporate trust office of the Trustee or the Paying Agent are located are authorized or required by law or other governmental action to close and on which the Trustee or Paying Agent, or both, is closed. "Capital Appreciation Bonds" shall mean Bonds issued under the Indenture and any Supplemental Indenture as to which interest is compounded periodically on each of the applicable periodic dates designated for compounding and payable in an amount equal to the then - current Accreted Value only at the maturity or earlier redemption thereof, all as so designated in a Supplemental Indenture of the District providing for the issuance thereof. "Capitalized Interest" shall mean, with respect to the interest due or to be due on a Series of Bonds prior to, during and for a period not exceeding one year after the completion of a Series Project to be funded by such Series, all or part of such interest which will be paid, or is expected to be paid, from the proceeds of such Series. "Capitalized Interest Account" shall mean any Capitalized Interest Account to be established within a Series Debt Service Account by Supplemental Indenture with respect to any Series of Bonds issued under this Master Indenture, as authorized pursuant to this Master Indenture. "Chairman" shall mean the Chairman of the Governing Body of the District or his or her designee or the person succeeding to his or her principal functions. "Code" shall mean the Internal Revenue Code of 1986, as amended, or any successor 16 t) provisions thereto and the regulations promulgated thereunder or under the Internal Revenue Code of 1954, as amended, if applicable, or any successor provisions thereto. "Collection Agreement" shall mean the agreement referred to in Section 811 hereof. "Completion Bonds" shall mean Bonds issued pursuant to a Supplemental Indenture ranking on a parity with the Series of Bonds issued under such Supplemental Indenture, the proceeds of which are to be used to complete the Series Project. "Consulting Engineers" shall mean [Engineer Name other engineering firm or corporation having a favorable repute nforeski I and experience employed by the District. "Cost" as applied to the Project, shall include the cost of acquisition and construction and all obligations and'expenses relating thereto including, but not limited to, those'items of cost which are set forth in Section 403 hereof. "Credit or Liquidity Facility" shall mean a letter of credit, a municipal bond insurance policy, a surety bond or other similar agreement issued by a banking institution or other entity satisfactory to the District and providing for the payment of the principal of, interest on or purchase price of a Series of Bonds or any alternate or substitute Credit or Liquidity Facility if then in effect. "Current Interest Bonds" shall mean Bonds of a Series the interest on which is payable at least annually. "Date of Completion" with respect to a Series Project or Additional Series Project shall mean: (i) the date upon which the Series Project and all components thereof have been acquired or constructed and are capable of performing the functions for which they were intended, as evidenced by a certificate of the Consulting Engineer filed with the Trustee and the District; or (ii) the date on which the District determines, upon the recommendation of or consultation with the Consulting Engineer, that it cannot complete the Series Project in a sound and economical manner within a reasonable period of time as evidenced by a certificate of the Consulting Engineer of the District filed with the Trustee and the District; provided that in each case such certificate of the Consulting Engineer shall set forth the amount of all Costs of such Series Project or Additional Series Project which has theretofore been incurred, but which on the Date of Completion is or will be unpaid or unreimbursed. "Debt Service" shall mean collectively the principal Installments), interest, and redemption premium, if an p (t Amortization y, payable with h r respecespec t to the Bonds. 16G "Debt Service Fund" shall mean the fund so designated in, and created pursuant to, Section 502 hereof. "Delinquent Assessments" shall mean, collectively, any and all installments of any Assessments which are not paid within thirty (30) days of the date on which such installments are due and payable. "Depository" shall mean any bank or trust company duly authorized by law to engage in the banking business and designated by the District as a depository of moneys subject to the provisions of this Master Indenture. "District" shall mean Naples Heritage Community Development District, a community development district created and established pursuant to the Act or any successor thereto which succeeds to the obligations of the District hereunder. "Engineers' Certificate" shall mean a certificate of the Consulting Engineers or of such other engineer or firm of engineers having a favorable repute for skill and experience in the engineering matters with respect to which such certification is required. "Federal Securities" shall mean, to the extent permitted by law for investment as contemplated in this Master Indenture and any Supplemental Indenture, (i) Government Obligations, (ii) any Tax Exefnpt Obligations which are fully secured as to principal and interest by an irrevocable pledge of Government Obligations, which Government Obligations are segregated in trust and pledged for the benefit of the holders of the Tax Exempt Obligations, (iii) certificates of ownership of the principal or interest of Government Obligations, which Government Obligations are held in trust and (iv) investment agreements at least 100% collateralized by obligations described in clauses (i), (ii) or (iii) above. "Fiscal Year" shall mean the fiscal year of the District in effect from time to time, which shall initially mean the period commencing on the first day of October of any year and ending on the last day of September of the following year. "Funds" shall mean all funds, except the Rebate Fund, created pursuant to Section 502 hereof. "Governing Body" shall mean the Board of Supervisors of the District. "Government Obligations" shall mean direct obligations of, or obligations the payment of which is unconditionally guaranteed by, the United States of America. "Impact Fees" shall mean Assessments or fees and user charges permitted under the Act to be levied and collected by the District to defray or reimburse the District for the cost of capital infrastructure improvements, which fees and user charges may be imposed as a 16G supplement to or in lieu of Assessments for assessable improvements and which are referred to as such and pledged to a Series of Bonds pursuant to the Supplemental Indenture authorizing the issuance of such Series of Bonds. The District expressly acknowledges and agrees that it has no power to impose impact fees for the purpose of regulating development. "Indenture" shall mean this Master Indenture, as amended and supplemented from time to .time by a Supplemental Indenture or indentures, and, shall mean when used with respect to a Series of Bonds issued hereunder, this Master Indenture, as amended and supplemented by the Supplemental Indenture relating to such Series of Bonds. "Insurer" shall mean the issuer of any municipal bond insurance policy insuring the timely payment of the principal of and interest on Bonds or any Series of Bonds. "Interest Payment Date" shall mean the dates specified in a Supplemental Indenture with respect to a Series of Bonds upon which the principal of and/or interest on Bonds of such Series shall be due and payable in each Bond Year. "Investment Obligations" shall mean and includes any of the following securities, if and to the extent that such securities are legal investments for funds of the District: (i) Federal Securities; (ii) Bonds, debentures, notes or other evidences of indebtedness issued by any of the following agencies: Government National Mortgage Association, Federal Land Banks, Federal Home Loan Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Tennessee Valley Authority, United States Postal Service, Farmers Home Administration, Export•Import Bank, Federal Financing Bank and Student Loan Marketing Association; (iii Bonds, debentures, notes or other evidences of indebtedness issued by the Federal National Mortgage Association to the extent such obligations are guaranteed by the Government National Mortgage Association; (iv) Negotiable or non - negotiable certificates of deposit, time deposits or other similar banking arrangements issued by any bank, trust company or national banking association, including the Trustee or an affiliate thereof, which certificates of deposit, except in the case of certificates of deposit issued by a bank, trust company or national banking association having a capital stock and surplus of more than 550,040,000, will be continuously secured or collateralized by obligations described in subparagraphs (i), (ii), or (iii) of this definition, which will have a market value (exclusive of accrued interest) at all times at least equal to the principal amount of such certificates of deposit and will be lodged with the Trustee, as custodian, by the bank, trust company or national banking association issuing such certificates of deposit; (v) Repurchase agreements with any bank, trust company or national banking association, including the Trustee or an affiliate thereof, or government bond dealer reporting to the Federal Reserve Bank of New York continuously secured or collateralized by obligations described in subparagraph (i) of this definition, which securities will at all times (a) have a market value (inclusive of accrued interest) not less than that of the repurchase agreement, (b) be held free and clear of claims by third parties, (c) be subject to a perfected first security interest in the collateral in favor of the Trustee and (d) be delivered to the Trustee or its agent, as custodian; (vi) Commercial paper, other than that issued by bank holding companies, (l) rated at the date of investment in one of the two highest rating categories issued by Moody's or S &P, or (2) issued by corporations which at the date of investment have an outstanding, unsecured, uninsured and unguaranteed debt issue rated in one of the three highest rating categories by Moody's or S &P; (vii) Municipal bonds rated in one of the three highest rating categories by Moody's or S &P; (viii) Other obligations permitted under the laws of the State which are legal investments for the funds of the District, but such term shall not include annuity or other guaranteed investment contracts, except as may be expressly set forth above; (ix) Fidelity Institutional Cash Portfolio; U.S. Treasury Portfolio; and (x) other investments permitted by Florida law. "Letter of Credit Agreement" shall mean any financing agreement relating to a Credit Facility for so long as such agreement will be in effect. "Liquidity Agreement" shall mean any financing agreement relating to a Liquidity Facility for so long as such agreement will be in effect. "Maintenance Special Assessments" shall mean assessments levied and collected pursuant to Section 190.021(3), Florida Statutes (1995), as amended from time to time, for benefits with respect to water management and control responsibilities undertaken by the District in accordance with Section 190.013, as amended from time to time. "Master Indenture" shall mean this Master Trust Indenture, as amended and supplemented from time to time in accordance with the provisions hereof. 166 "Maturity Amount" shall mean the amount due at maturity with respect to a CapAl 6 G Appreciation Bond. "Maximum Annual Debt Service Requirement" shall mean, at any given time of determination, the greatest amount of principal, interest and Amortization Installments coming due in any current or future Bond Year with regard to the Series of Bonds for which such calculation is made; provided, the amount of interest coming due in any Bond Year shall be reduced to the extent moneys derived from the proceeds of Bonds are used to pay interest in such Bond Year. " Moody's" shall mean Moody's Investors Service, Inc., a corporation organized and existing under the laws of the State of Delaware, its successors and assigns, and, if such corporation is dissolved or liquidated or no longer performs the functions of a securities rating agency, " Moody's" will be deemed to refer to any other nationally recognized securities rating agency designated by the District by written notice to the Trustee. "Option Bonds" shall mean Current Interest Bonds, which may be either Serial or Term Bonds, which by their terms may be tendered by and at the option of the Owner for purchase prior to the stated maturity thereof. "Outstanding," when used with reference to Bonds, shall mean, as of a particular date, all Bonds theretofore authenticated and delivered under this Master Indenture, except: (i) Bonds theretofore cancelled by the Trustee or delivered to the Trustee for cancellation; (ii) Bonds (or portions of Bonds) for the payment or redemption of which moneys, equal to the principal amount or redemption price thereof, as the case may be, with interest to the date of maturity or redemption date, shall be held in trust under this Master Indenture or Supplemental Indenture with respect to Bonds of any Series and set aside for such payment or redemption (whether at or prior to the maturity or redemption date), provided that if such Bonds (or portions of Bonds) are to be redeemed, notice of such redemption shall have been given or provision satisfactory to the Trustee shall have been made for the giving of such notice as provided in Article III hereof or in the Supplemental Indenture relating to the Bonds of any Series; (iii) Bonds in lieu of or in substitution for which other Bonds shall have been authenticated and delivered pursuant to this Master Indenture and the Supplemental Indenture with respect to Bonds of a Series unless proof satisfactory to the Trustee is presented that any such Bonds are held by a bona fide purchaser in due course; and t 10 16G (iv) Bonds paid or deemed to have been paid as provided in this Master Indenture or in a Supplemental Indenture with respect to Bonds of a Series, including Bonds with respect to which payment or provision for payment has been made in accordance with Article XII hereof, In addition, Bonds actually known by the Trustee to be held by or for the District will not be deemed to be Outstanding for the purposes and within the purview of Article IX and Article Xl of this Master Indepture. "Owner" or "Owners" Shall mean the registered owners from time to time of Bonds. "Paying Agent" shall mean the bank or trust company designated by Supplemental Indenture with respect to a Series of Bonds as the place where Debt Service shall be payable with respect to such Series of Bonds and which accepts the duties of Paying Agent under this Master Indenture and under such Supplemental Indenture. "Pledged Funds" shall mean all of the Series Pledged Funds. "Pledged Revenues" shall mean all of the Series Pledged Revenues. " PrVayments" shall mean any Assessments, or portions thereof, which shall be paid to the District prior to the time such amounts become due. Prepayments shall not include any interest paid on such Assessments. "Principal and Interest Requirement" shall mean with respect to a Series of Bonds, the respective amounts which are required in each Bond Year to provide: (i) for paying the interest on all Bonds of such Series then Outstanding which is payable in such Bond Year; (ii) for paying the principal or Maturity Amount of all Serial Bonds of such Series then Outstanding which is payable in such Bond Year; and (iii) the Amortization Installments on the Term Bonds of such Series of Bonds, if any, payable in such Bond Year. "Property Appraiser" shall mean the Property Appraiser of Collier County, Florida, or the person succeeding to his or her principal functions. "Rebate Amount" shall mean the amount, if any, required to be rebated to the United States pursuant to Section 148(f) of the Internal Revenue Code of 1986, as amended, and the regulations and rulings thereunder. r 1 L r "Rebate Analyst" shall mean the-person or firm selected by the District to calculate 6 G the Rebate Amount, which person or firm shall either be a firm of attorneys or independent certified public accountants with expertise in the calculation of the Rebate Amount. "Rebate Fund" shall mean the fund so designated in, and created pursuant to, Sections 502 and 507 hereof. "Record Date" shall mean the fifteenth (15th) day of the calendar month next preceding any Debt Service payment date or, in the case of any proposed redemption of Bonds, the fifth (5th) day next preceding the date of mailing of notice of such redemption, or if either of the foregoing days is not a -Business Day, then the Business Day immediately preceding such day. "Redemption Account" shall mean the account so designated in, and created pursuant to, Section 502 hereof ' "Redemption Price" shall mean the principal of, premium, if any, and interest accrued to the date fixed for redemption of any Bond called for redemption pursuant to the provisions thereof, hereof and of the Supplemental Indenture pursuant to which such Bond is issued. "Refunding Bonds" shall mean Bonds issued pursuant to provisions of this Master Indenture, the proceeds of which are used to refund one or more Series of Outstanding Bonds. "Reserve Fund" shall mean the fund so designated in, and created pursuant to, Section 502 hereof. "Revenue Fund" shall mean the fund so designated in, and created pursuant to, Section 502 hereof. "SAP" shall mean S &P Ratings Group, its successors and its assigns, and, if such corporation is dissolved or liquidated or no longer performs the functions of a securities rating agency, "S &P" will be deemed to refer to any other nationally recognized securities rating agency designated by the District by written notice to the Trustee. "Secretary" shall mean the Secretary to the Governing Body, or his or her designee or the person succeeding to his or her principal functions. "Serial Bonds" shall mean Bonds (other than Term Bonds) that mature in annual or semi - annual installments. "Series" shall mean all;of the Bonds authenticated and delivered on original issuance of a stipulated kggregate principal amount in a simultaneous transaction under and pursuant 12 16G to the same Supplemental Indenture and any Bonds thereafter authenticated and delivered in lieu of or in substitution therefor pursuant to this Master Indenture and such Supplemental Indenture regardless of variations in maturity, interest rate or other provisions; provided, however, two or more Series of Bonds may be issued simultaneously under the same Supplemental Indenture if designated as separate Series of Bonds by the District upon original issuance. Two or more Series of Bonds may be issued simultaneously under separate Supplemental Indentures, but under this Master Indenture. In addition, if an issue of Bonds is followed by a second issue of Bonds closed within 45 days of the closing of the first issue and the proceeds of the second issue are to be used to pay the Costs of Issuance of the first issue, or to pay for certain costs of a Series Project being financed from the proceeds of the first issue which costs cannot be financed with Tax Exempt Bonds, then the two issues of Bonds will be deemed a single Series for purposes of this Master Indenture, if so designated by the District. "Series Acquisition and Construction Account" shall mean the account within the Acquisition and Construction Fund with respect to each Series of Bonds so designated in, and created pursuant to Supplemental Indenture. "Series Interest Account" shall mean the account with respect to a Series of Bonds established within the Debt Service Fund so designated in, and created pursuant to, Section 502 hereof. "Series Pledged Funds" shall mean all amounts dn'deposit from time to time in the Funds and Accounts and designated in the Supplemental Indenture relating to such Series of Bonds as pledged to the payment of such Series of Bonds; provided, however, such term shall not include any amounts on deposit in a Series Rebate Account in the Rebate Fund. "Series Pledged Revenues" shall mean the revenues designated as such by Supplemental Indenture and which shall constitute the security for and source of payment of a Series ofBonds and may consist of Assessments, Maintenance Special Assessments, Benefit Special Assessments, Impact Fees or other user fees or other revenues or combinations thereof derived or to be derived by the District in accordance with the Act. "Series Principal Account" shall mean the account with respect to a Series of Bonds established within the Debt Service Fund so designated in, and created pursuant to, Section 502 hereof. "Series Project" or "Series Projects" shall mean the acquisition, construction, equipping and/or improvement of capital projects to be located within or without the District for the benefit of the District to be financed with all or a part of the proceeds of a Series of Bonds as shall be described in the Supplemental Indenture authorizing such Series of Bonds. 13 16G "Series Rebate Account" shall mean the account in the Rebate Fund with respect to a Series of Bonds so designated in, and created pursuant to Supplemental Indenture relating to such Series of Bonds. "Series Redemption Account" shall mean the account with respect to a Series of Bonds established within the Debt Service Fund so designated in, and created pursuant to, Section 502 hereof. "Series Reserve Account" shall mean the Reserve Account for a Series of Bonds established in the Reserve Fund by Supplemental Indenture relating to such Series of Bonds in an amount equal to the Series Reserve Account Requirement for such Series of Bonds. "Series Reserve Account Requirement" shall mean the amount of money or other security which may be in the fbrm of a reserve fund insurance policy or other security as may be required by the terms of a Supplemental Indenture to be deposited in or credited to a Series Reserve Account for each Series of Bonds; provided, however, that unless otherwise provided in the Supplemental Indenture relating to a Series of Bonds, as of any date of calculation for a particular Series Reserve Account, the "Series Reserve Account Requirement" shall be an amount equal to the lesser of. (A) Maximum Annual Debt Service Requirement for all Outstanding Bonds of such Series, (B) 125% of the average annual debt service for all Outstanding Bonds of such Series, or (C) the aggregate of 10% of the proceeds of the Bonds of such Series 'calculated as of the date of original issuance thereof. In computing the Series Reserve Account Requirement in respect of any Series of Bonds that constitute Variable Rate Bonds, the interest rate on such Bonds shall be assumed to be the greater of (l) 110% of the daily average interest rate on such Variable Rate Bonds during the 12 months ending with the month preceding the date of calculation, or such shorter period of time that such Series of Bonds shall have been Outstanding, or (2) the actual rate of interest borne by the such Variable Rate Bonds on such date of calculation; provided, in no event thall the Series Reserve Account Requirement as adjusted on such date of calculation exceed the lesser of the amounts specified in the immediately preceding sentence. In computing the Series Reserve Account Requirement in accordance with clause (C) of this definition in respect of any Capital Appreciation Bonds, the principal amount of such Bonds shall be the original principal amount thereof, not the Accreted Value. "Series Revenue Account" shall mean the Revenue Account for a Series of Bonds established in the Revenue Fund by Supplemental Indenture for such Series of Bonds. "Subordinated Debt" shall mean indebtedness secured hereby or by any Supplemental Indenture which is by its terms expressly subordinate and inferior hereto both in lien and right of payment. "SupplementalIndenture" shall mean an indenture supplemental hereto authorizing the issuance of a Series of Bonds hereunder and establishing the terms thereof and the security 14 therefor and shall also mean any indenture supplemental hereto entered into for the purpose 1 6 G of amending the terms and provisions hereof with respect to all Bonds in accordance with Article XI hereof. "Taxable Bonds" shall mean Bonds of a Series which are not Tax Exempt Bonds, "Tax Collector" shall mean the Tax Collector of Collier County, Florida, or the person succeeding to his or her principal functions. "Tax Exempt Bonds" shall mean Bonds of a Series the interest on which, in the opinion of Bond Counsel on the date of original issuance thereof, is excludable from gross income for federal income tax purposes. "Tax Exempt Obligations" shall mean any bond, note or other obligation issued by any person, the interest on which is excludable from gross income for federal income tax purposes. "Tax Regulatory Covenants" shall mean the Tax Regulatory Covenants of the District contained in the Supplemental Indenture authorizing the issuance of a Series of Tax Exempt Bonds, setting forth the covenants of the District necessary for the preservation of the excludability of interest thereon from gross income for federal income tax purposes, as such covenants shall be amended from time to time upon written instructions from Bond Counsel. "Term Bonds" shall mean Bonds that mature on one date and that are subject to mandatory redemption from Amortization Installments or Bonds designated by the District as Term Bonds upon original issuance thereof. "Time Deposits" shall mean time deposits, certificates of deposit or similar arrangements with any bank or trust company, including the Trustee or an affiliate thereof, which is a member of the Federal Deposit Insurance Corporation and any Federal or State of Florida savings and loan association in which deposits are secured or insured in the manner required by Florida law. "Trust Estate" shall have the meaning ascribed to such term in the granting clauses hereof, including, but not limited to, the Pledged Revenues and Pledged Funds. "Trustee" shall mean First Union National Bank of Florida, with its principal corporate trust office located in Miami, Florida, and any successor trustee appointed or serving pursuant to Article VI hereof. "Variable Rate Bonds" shall mean Current Interest Bonds, which may be either Serial Bonds or Term Bonds, issued with a variable, adjustable, convertible or other similar interest is rate which is not fixed in percentage for the entire term thereof at the date of issue, which 1 b G Bonds may also be Option Bonds, Section 102. Rules of Construction. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, the words "Bond," "Owner," "person," "Paying Agent," and "Bond Registrar" shall include the plural as well as the singular number and the word "person" shall mean any individual, corporation, partnership, joint venture, association, joint stock company, trust, unincorporated organization or government or any agency or political subdivision thereof. ARTICLE II FORM, EXECUTION, DELIVERY AND DESIGNATION OF BONDS Section 201. Issuance-of Bonds. For the purpose of refunding Bonds of a Series providing funds for paying all or part of the Cost of a Series Project, Bonds of a Series, without limitation as to aggregate principal amount, may be issued under this Master Indenture subject to the conditions hereinafter provided in Section 207 of this Article. Debt Service on each Series of Bonds shall be payable solely from the Pledged Revenues and Pledged Funds pledged to such Series of Bonds in the Supplemental Indenture authorizing the issuance of such Series of Bonds and, as may be provided in such Supplemental Indenture, all of the provisions of this Master Indenture shall be for the benefit and security of the present and future Owners of such Series of Bonds so issued, without preference, priority or distinction, as to lien or otherwise, of any one Bond of such Series over any other Bond of such Series. The District may also issue from time to time, Additional Bonds, Completion Bonds and Refunding Bonds of a Series under and pursuant to the terms of the Supplemental Indenture authorizing the issuance of such Series of Bonds. Section 202. Details of Bonds. Bonds of a Series shall be in such Authorized Denominations, shall be numbered consecutively, shall bear interest from their date until their payment at rates not exceeding the maximum rate permitted by law, shall be dated, shall be stated to mature in such year or years in accordance with the Act, and shall be subject to redemption prior to their respective maturities, subject to the limitations hereinafter provided, as provided for in the Supplemental Indenture authorizing the issuance of such Series of Bonds. Bonds of a Series may be Current Interest Bonds, Variable Rate Bonds, Capital Appreciation Bonds, Option Bonds or any combination thereof and may be secured by a Credit and/or Liquidity Facility, all as shall be provided in the Supplemental Indenture authorizing the issuance of such Series of Bonds. Bonds of a Series (or a part of a Series) may be in book -entry form at the option of the District as shall be provided in the Supplemental. Indenture authorizing the issuance of such Series of Bonds. Debt Service shall be payable in any coin or currency of the United States of America which, at the date of payment thereof, is legal tender for the payment of public and private debts. Interest shall be paid to the registered Owner of Bonds at the close of business on the Record Date for such interest; provided, however, that od or after the occurrence and continuance of an Event of Default under clause (a� of Section 902 hereof, the payment of interest and principal or Redemption Price or 16 Amortization Installments pursuant hereto shall be made by the Paying Agent to such person, who, 16G on a special record date which is fixed by the Trustee, which shall be not more than fifteen (15) and not less than ten (10) days prior to the date of such proposed payment, appears on the registration books of the Bond Registrar as the registered Owner of a Bond. Any payment of principal, Maturity Amount or Redemption Price shall be made only upon presentation of the Bond at the designated corporate trust office of the Paying Agent. Payment of interest shall be made by check or draft (or by wire transfer to, and at the expense of, the registered Owner if such Owner requests such method of payment in writing prior to the Record Date for the respective interest payment to such account as shall be specified in such request, but only if the registered Owner owns not less than S 1,000,000 in aggregate principal amount of the Bonds), Unless otherwise provided in the Supplemental Indenture authorizing a Series of Bonds, interest on a Series of Bonds will be computed on the basis of a 360 -day year of twelve 30 -day months. Section 203. Execution and Form of Bonds. The Bonds shall be signed by, or bear the facsimile signature of, the Chairman, shall be attested and countersigned by the Secretary, and the certificate of authentication appearing on the face of the Bonds shall be signed by, or bear the facsimile signature of, the Trustee; provided, however, that each Bond shall be manually signed by either the Chairman, the Secretary or the Trustee. The official sea] of the District shall be imprinted or impressed on the Bonds. In case any officer whose. signature or a facsimile of whose signature appears on any Bond shall cease to be such officer before the delivery of such Bond, such signature or such facsimile shall nevertheless be valid for all purposes the same as if he or she had remained in office until such delivery. Any Bond may bear the facsimile signature of, or may be signed by, such persons as at the actual time of the execution of such Bond shall be proper officers to execute such Bond although at the date of such Bond such persons may not have been such officers. The Bonds, and the provisions for registration and reconversion to be endorsed on such Bonds, shall be substantially in the form set forth in a Supplemental Indenture. The Trustee may appoint one or more authenticating agents. Section 204 Negotiability, Registration and Transfer of Bonds. The District shall cause books for the registration and for the transfer of the Bonds as provided in this Master Indenture to be kept by the Bond Registrar. All Bonds shall be registered as to both principal and interest. Any Bond may be transferred only upon an assignment duly executed by the registered owner or his attorney or legal representative in such form as shall be satisfactory to the Bond Registrar, such transfer to be made on such books and endorsed on the Bond by the Bond Registrar. No charge shall be made to any Owner for registration and transfer as herein above provided, but any Owner requesting any such registration or transfer shall pay any tax or other governmental charge required to be paid with respect thereto. The Bond Registrar shall not be required to transfer any Bond during the period between the Record Date and the next succeeding Interest Payment Date of such Bond, during the period between the Record Date for the mailing of a notice of redemption and the date of such mailing, nor after such Bond has been selected for redemption. The Bonds shall be and have all the qualities and incidents of negotiable instruments under the laws of the State of Florida, and each successive Owner, in accepting any of the Bonds, shall be conclusively deemed to have agreed that such Bonds shall be and have all of the qualities and incidents of negotiable. instruments under the laws of the State of Florida. 17 16G Section 205. Ownership of Bonds. The person in whose name any Bond shall be registered shall be deemed the absolute owner thereof for all purposes, and payment of Debt Service shall be made only to or upon the order of the registered owner thereof or his attorney or legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the exteni of the sum or sums so paid. The Trustee, the District, the Bond Registrar and the Paying Agent may deem and treat the registered owner of any Bond as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment thereof and for all other purposes whatsoever, and neither the Trustee, the District, the Bond Registrar nor the Paying Agent shall be affected by any notice to the contrary. Section 206. Special Obligations. Each Series of Bonds shall be a special and direct obligation of the District. Neither the Bonds nor the interest and premium, if any, payable thereon shall constitute a general obligation or general indebtedness of the District within the meaning of the Constitution and laws of Florida. The Bonds and the interest and premium, if any, payable thereon do not constitute either a pledge of the full faith and credit of the District or a lien upon any property of the District other than as provided herein or in the Supplemental Indenture authorizing the issuance of such Series of Bonds. No Owner or any other person shall ever have the right to compel the exercise of any ad valorem taxing power of the District or any other public authority or governmental body to pay Debt Service or to pay any other amounts required to be paid pursuant to this Master Indenture, any Supplemental Indenture, or the Bonds. Rather, Debi Service and any other amounts required to be paid pursuant to this Master Indenture, any Supplemental Indenture, or the Bonds, shall be payable solely from, and shall be secured solely by, the Pledged Revenues and the Pledged Funds pledged to such Series of Bonds, all as provided herein and in such Supplemental Indenture. Section 207. Authorization of Bonds. There shall be issued from time to time in Series, under and secured by this Master Indenture, Bonds without limitation as to aggregate principal amount for the purposes of (i) paying all or part of the Cost of a Series Project or Series Projects or refunding an Outstanding Series of Bonds or any portion thereof; (ii) depositing the Series Reserve Account Requirement to the Series Reserve Account for such Series of Bonds; and (iii) paying the costs and expenses of issuing such Series of Bonds. Each Series of Bonds, upon initial issuance thereof, shall be executed by the District for delivery to the Trustee and thereupon shall be authenticated by the Trustee and delivered to the District or upon its order,.but only upon the further receipt by the Trustee of the following: (a) an executed and attested original or certified copy of this Master Indenture; (b) an executed and attested original or certified copy of the Supplemental Indenture fixing the amount of and security for the Series of Bonds authorized to be issued thereby and establishing, among other things, the dates on, and the amounts in, which such Series of Bonds will mature (provided that the final maturity date of such Series of Bonds shall be'not later than permitted by the Act with respect to such Series of Bonds), designating the Paying Agent and Bond Registrar, fixing the Amortization Installments, if any, for the Term Bonds of such Series, specifying the interest rates or the method for calculating such is 16G interest rates with respect to such Series of Bonds, specifying the redemption provisions and prices thereupon, establishing the provisions for Additional Bonds, specifying other details of such Series of Bonds, and directing the delivery of such Series of Bonds to or upon the order of the initial purchaser thereof upon payment of the purchase price therefor set forth in such Supplemental Indenture; (c) an opinion of counsel for the District stating that the signer is of the opinion that this.Viaster Indenture and the Supplemental Indenture relating to such Series of Bonds have been duly and validly authorized, approved, and adopted, that the issuance of such Series of Bonds has been duly authorized, and that this Master Indenture and the Supplemental Indenture constitute binding obligations of the District, enforceable against the District in accordance with their terms except as enforcement thereof may be affected by bankruptcy and other similar laws relating to creditor's rights generally or general principles of equity, (d) An opinion of Bond Counsel for the District stating that the signer is of the opinion that the Bonds of such Series are valid, binding and enforceable obligations of the District *and, if such Series of Bonds are not Taxable Bonds, that interest thereon is excludable from gross income of the Owners under the income tax laws of the United States in effect on the date such Series of Bonds are delivered to their initial purchasers. The Trustee shall be provided with reliance letters with respect to the opinions required in paragraphs (c) and (d) above. When the documents mentioned in subsections (a) through (d) above shall have beeh received, and when the Bonds of such Series shall have been executed and authenticated as required by this Master Indenture, such Series of Bonds shall be delivered to, or upon the order of, the District, but only upon payment to the Trustee of the purchase price of such Series of Bonds, together with accrued interest, if any, thereon as set forth in a certificate of delivery and payment executed by the Chairman or Vice Chairman of the District. The proceeds (including accrued interest and any premium) of each Series of Bonds shall be applied as soonas practicable upon delivery thereof to the Trustee as follows: (i) the amount received as accrued interest on the Bonds shall be deposited to the credit ofthe Series Interest Account and Capitalized Interest, if any, shall be deposited to the credit of the Series Capitalized Interest Account; Qi) an amount equal to the Series Reserve Account Requirement or the initial cost of satisfying the Series Reserve Account Requirement if not satisfied by the deposit of cash, shall be deposited to the credit of the Series Reserve Account; and (iii) the balance shall be deposited and applied as provided for in the Supplemental Indenture authorizing the issuance of such Series of Bonds. 19 Section 208. Temporary Bonds. Pending delivery of definitive Bonds, there may be 6 executed, authenticated, and delivered to the Owners thereof, in lieu of definitive Bonds and subject to the same limitations and conditions except as to identifying numbers, temporary printed, engraved, lithographed or typewritten Bonds in Authorized Denominations, substantially of the tenor set forth in the Bond form to beset fort: � u. the Supplemental Indenture authorizing such Series of Bonds. The District shall cause definitive Bonds to be prepared and to be executed, endorsed, registered, and delivered to the Trustee, and the Trustee, upon presentation to it of any temporary Bond, shall cancel the same or cause the same to be cancelled and cause to be authenticated and delivered, in exchange therefor, at the place designated by the Owner, without expense to the Owner, definitive Bonds of the same series and in the same aggregate principal amount, maturing on the same date and bearing interest or yield to maturity at the same rate as the temporary Bond surrendered. Until so exchanged, the temporary Bonds shall in all respects be entitled to the same benefits of this Master Indenture and any Supplemental Indenture as the definitive Bonds to be issued hereunder. Section 209. mutilated, Destroyed or Lost Bonds. If any Bonds become mutilated or destroyed or lost, the District may cause to be executed, and the District may cause to be delivered, a new Bond in substitution therefor and upon the cancellation of such mutilated Bond, or in lieu of and in substitution for such Bond destroyed or lost, upon payment by the Owner of the reasonable expenses and charges of the District and the Trustee in connection therewith and, in the case of a Bond destroyed or lost, upon the Owner filing with the Trustee evidence satisfactory to it that such Bond was destroyed or lost, and of his or her ownership thereof, and furnishing the District and the Trustee with indemnity satisfactory to them. Section 210. Pad Passu Obligations Under Credit Agreements. As maybe provided for or required in any Supplemental Indenture, the District may incur financial obligations under a Letter of Credit Agreement or a Liquidity Agreement payable pari passu with respect to the lien on the Trust Estate pledged to a Series of Bonds issued under this Master Indenture and a Supplemental Indenture, without meeting any financial test or requirement set forth in this Master Indenture or the corresponding Supplemental Indenture, but only if the Letter of Credit Agreement or Liquidity Agreement supports a related Series of Bonds then being issued which does meet such tests or requirements. Section 211. Bond Anticipation Notes. Whenever the District shall authorize the issuance of a Series of Bonds, the District may by resolution or supplemental indenture authorize the issuance of Bond Anticipation Notes in anticipation of the sale of such authorized Series of Bonds in a principal amount not exceeding the principal amount of such Series. The aggregate principal amount of Bonds of such Series and all other Bonds previously authenticated and delivered to pay the Cost of the Project or Projects for which the proceeds of the Bond Anticipation Notes will be applied shall not exceed such Cost. The interest on such Bond Anticipation Notes may be payable out of the related Series Interest Account to the extent provided in the resolution of the District or supplemental indenture authorizing such Bond Anticipation Notes. The principal of and interest on such Bond Anticipation Notes and renewals thereof shall be payable from any moneys of the District available therefor or from the proceeds of the sale of the Series of Bonds in anticipation of which such Bond Anticipation Notes are issued. The proceeds of sale of Bond Anticipation Notes shall be applied to 20 16G the purposes for which the Bonds anticipated by such Bond Anticipation Notes are authorized and shall be deposited in the appropriate Fund or Account established by the Indenture for such purposes, provided, however, that the resolution or resolutions or supplemental indenture authorizing such Bond Anticipation Notes may provide for the payment of interest on such Bond Anticipation Notes from the proceeds of sale of such Bond Anticipation Notes and for the deposit, in the related Series Interest Account. In the event that the District adopts a resolution rather than a supplemental indenture to authorize the issuance of Bond Anticipation Notes, the District will promptly furnish to the Trustee a copy of such resolution, certified by an Authorized Officer, together with such information with respect to such Bond Anticipation Notes as the Trustee may reasonably request, including, without limitation, information as to the paying agent or agents for such Bond Anticipation Notes. If authorized by resolution in lieu of supplemental indenture, the Trustee shall have no duties or obligations to the holders of such Bond Anticipation Notes unless specifically so authorized by the resolution of the District authorizing the issuance of such Bond Anticipation Notes and accepted in writing by the Trustee. Section 212. Tax Status of Bonds. Any Series of Bonds issued under this Master Indenture either: (ii) may be issued as Tax Exempt Bonds or (ii) may be issued as Taxable Bonds. The intended tax status of any Series of Bonds to be issued may be referenced in any Supplemental Indenture authorizing the issuance of such Series of Bonds. ARTICLE III REDEMPTION OF BONDS Section 301. Redemption Generally. The Bonds of any Series shall be subject to redemption, either in whole on any date or in part on any Interest Payment Date, and at such times, in the manner and at such prices, as may be provided by the Supplemental Indenture authorizing the issuance of such Series of Bonds. The District shall provide written notice to the Trustee of any optional redemption on or before the forty -fifth (45*) day next preceding the date to be fixed for such optional redemption. Unless otherwise provided in the Supplemental Indenture relating to a Series of Bonds, if less than all of the Bonds of any one maturity of a Series shall be called for redemption, the particular Bonds of a Series to be redeemed shall be selected by lot in such reasonable manner as the Bond Registrar in its discretion may determine. The portion of any Series of Bonds to be redeemed shall be in an Authorized Denomination and, in selecting the Bonds of such Series to be redeemed, the Bond Registrar shall treat each such Bond as representing that number of Bonds of such Series which is obtained by dividing the principal amount of such Bond by an Authorized Denomination (such amount being hereafter referred to as the "unit of principal amount "). If it is determined that one or more, but not all, of the units of principal amount represented by any such Bond is to be called for redemption, then upon notice of intention to redeem such unit or units of principal amount as provided below, the registered Owner of such Bond, upon surrender of such Bond to the Paying Agent for payment to such registered Owner of the redemption pric4 of 21 16G the unit or units of principal amount called for redemption, shall be entitled to receive a new Bond or Bonds of such Series in the aggregate principal amount of the unredeemed balance of the principal amount of such Bond. New Bonds of such Series representing the unredeemed balance of the principal amount shall be issued to the Owner thereof without any charge therefor. If the Owner of any Bond of a denomination greater than the unit of principal amount to be redeemed shall fail to present such Bond to the Paying Agent for payment in exchange as aforesaid, such Bond shall, nevertheless, become due and payable on the date fixed for redemption to the extent of the unit or units of principal amount called for redemption. Subject to the provisions of Section 506(b) hereof, the District may purchase a Bond or Bonds of a Series in the open market at a price no higher than the highest redemption price (including premium) for the Bond to be so purchased with any funds legally available therefor and any such Bonds so purchased shall be credited to the amounts otherwise required to be deposited for the payment of Bonds of such Series as provided in Section 506(b) hereof or as otherwise provided in the Supplemental Indenture relating to such Series. Section 30Z Notice of Redemption; Procedure for Selection. The District shall establish each redemption date, other than in the case of a mandatory redemption, in which case the Trustee shall establish the redemption date, and the District or the Trustee, as the case may be, shall notify the Bond Registrar in writing of such redemption date on or before the forty -fifth (45'") day next preceding the date fixed for redemption, which notice shall set forth the terms of the redemption and the aggregate principal amount of Bonds so to be redeemed. Except as provided below, notice of redemption shall be given by the Bond Registrar not less than thirty (30) nor more than forty -five (45) days prior to the date fixed for redemption by first -class mail, postage prepaid, to any Paying Agent for the Bonds to be redeemed and to the registered Owner of each Bond to be redeemed, at the address of such registered Owner on the registration books maintained by the Bond Registrar (and, for any Owner of $1,000,000 or more in principal amount of Bonds, to one additional address if written request therefor is provided to the Bond Registrar prior to the Record Date); and a second notice of redemption shall be sent by registered or certified mail at such address to any Owner who has not submitted his Bond to the Paying Agent for payment on or before the date sixty (60) days following the date fixed for redemption of such Bond, in each case stating: (i) the numbers of the Bonds to be redeemed, by giving the individual certificate number of each Bond to be redeemed (or stating that all Bonds between two stated certificate numbers, both inclusive, are to be redeemed or that all of the Bonds of one or more maturities have been called for redemption); (ii) the CUSIP numbers of all Bonds being redeemed; ('iii) in the case of a partial redemption of Bonds, the principal amount of each Bond being redeemed, (iv) the date of issue of each Bond as originally issued and the complete official name of the Bonds including the series designation; (v) the rate or rates of interest borne by each Bond being redeemed; (vi) the maturity date of each Bond being redeemed; (vii) the place or places where amounts due upon such redemption will be payable; (viii) the notice date, redemption date, and redemption price; and (ix) the name, address, telephone number and contact person at the office of the Paying Agent with respect to such redemption. The notice shall require that such Bonds be surrendered at the designated corporate trust office of the Paying Agent for redemption at the redemption price and shall state that further interest on such Bonds will not accrue 22 from and after the redemption date. CUSIP number identification with appropriate dollar amounts 16G for each CUSIP number also shall accompany all redemption payments. Any required notice of redemption also shall be sent by registered mail, overnight delivery service, telecopy or other secure means, postage prepaid, to any Owner of $1,000,000 or more in aggregate principal amount of Bonds to be redeemed, to certain municipal registered Securities Depositories (described below) which are known to the Bond Registrar to be holding Bonds thirty - two (32) days prior to the redemption date and to at least two of the national Information Services (described below) that disseminate securities redemption notices, when possible, at least thirty (30) days, prior to the redemption date; provided that neither failure to send or receive any such notice nor any defect in any notice so mailed shall affect the sufficiency of the proceedings for the redemption of such Bonds. Securities Depositories include: The Depository Trust Company, 711 Stewart Avenue, Garden City, New York 11530, Fax-(516) 2274164 or 4190, Attention: Call Notification; Midwest Securities Trust Company, Capital Structures -Call Notification, 440 South LaSalle Street, Chicago, Illinois 60605, Fax -(312) 663 -2959 or 2960; Philadelphia Depository Trust Company, Reorganization Division, 1900 Market Street, Philadelphia, Pennsylvania 19103, Attention: Bond Department, Fax - (215) 496 -5058; or, in accordance with the then - current guidelines of the Securities and Exchange Commission, to such other addresses and/or such other securities depositories or any such other depositories as the District may designate in writing to the Bond Registrar. Information Services include: Financial Information, Inc., 30 Montgomery Street, 10th Floor, Jersey City, New Jersey 07302, Attention: Called Bond Service Editor; Kenny Information Systems, Inc., 65 Broadway, 16th Floor, flew York, New York 10006, Attention: Called Bond Department; Moody's Investors Service, 99 Church Street, New York, New York 10007, Attention: Called Bond Department; and Standard and Poor's Corporation 25 Broadway, New York, New York 10004, Attention: Called Bond Department; or, in accordance with the then - current guidelines of the Securities and Exchange Commission, to such other addresses and/or such other services providing information with respect to called bonds, or any other such services as the District may designate in writing to the Bond Registrar. Failure to give notice by mailing to the Owner of any Bond designated for redemption or to any depository or information service shall not affect the validity of the proceedings for the redemption of any other Bond. Section 303. Effect of Calling for Redemption. On the date designated for redemption of any Bonds, notice having been filed and mailed in the manner provided above, the Bonds called for redemption shall be due and payable at the redemption price provided for the redemption of such Bonds on such date and, moneys for payment of the redemption price being held in a separate account by the Paying Agent in trust for the Owners of the Bonds to be redeemed, interest on the Bonds caged for redemption shall cease to accrue, such Bonds shall cease to be entitled to any benefit under this Master Indenture, and the Owners of such Bonds shall have no rights in respect thereof, except 23 to receive payment of the redemption price thereof, and interest, if any, accrued thereon to the redemption date, and such Bonds shall no longer be deemed to be Outstanding. Section 304. Cancellation. Bonds called for redemption shall be cancelled upon the surrender thereof. ARTICLE IV ACQUISITION AND CONSTRUCTION FUND Section 401. Acquisition and Construction Fund. There is created and established by Section 502 hereof a fund designated as the "Acquisition and Construction Fund" which shall be held by the Trustee and to the credit of the Series Acquisition and Construction Accounts there shall be deposited the amounts specified in the Supplemental Indenture relating to such Series of Bonds. Section 402. Payments From Acquisition and Construction Fund. Payment of the Cost of constructing and acquiring the Project shall be made from the Acquisition and Construction Fund as herein provided. All such payments shall be subject to the provisions and restrictions set forth in this Article and in Article V hereof, and the District covenants that it will not request any sums to be paid from the Acquisition and Construction Fund except in accordance with such provisions and restrictions. Moneys in the Acquisition and Construction Fund shall be disbursed by check, voucher, order, draft, certificate or warrant signed by any one or more officers or employees of the Trustee legally authorized to sign such items or by wire transfer to an account specified by the payee upon satisfaction of the conditions for disbursement set forth in Section 503(b) hereof. Section 403. Cost of Project. For the purposes of this Master Indenture, the Cost of the Project shall include, without intending thereby to limit or to restrict any proper definition of such cost under the Act, other applicable provisions of Florida law, or this Master Indenture, the following: (a) Expenses of Bond Issuance. All expenses and fees relating to the issuance of the Bonds, including, but not limited to, initial Credit and Liquidity Facility fees and costs, attorneys' fees, underwriting fees and discounts, the Trustee's acceptance fees, expenses and Trustee's counsel fees, rating agency fees, fees of financial advisors, engineer's fees, administrative expenses of the District, the costs of preparing audits and engineering reports, the costs of preparing reports, surveys, and studies, and the costs of printing the Bonds and preliminary and final disclosure documents. (b) Accrued and Capitalized Interest. Any interest accruing on the Bonds from their date through the first Interest Payment Date received from the proceeds of the Bonds (to be deposited into the related Series Interest Account) and Capitalized Interest (to be deposited into the related Series Capitalized Interest Account) as may be authorized or provided for by a Supplemental Indenture related to a Series of Bonds. Notwithstanding the deposit of Capitalized Interest into the related Series Capitalized Interest Account, 24 16G Capitalized Interest shall also include any amount directed by the District to the Trustee in 16G writing to be withdrawn from the related Series Acquisition and Construction Account and deposited into such Capitalized Interest Account, provided that such direction includes a certification that such amount represents earnings on amounts on deposit in the related Series Acquisition Account and that, after such deposit, the amount on deposit in such Acquisition and Construction Account, together with earnings thereon will be sufficient to complete the related Series Project which is to be funded from such Acquisition and Construction Account. (c) Acquisition Expenses. The costs of acquiring, by purchase or condemnation, all of the land, structures, improvements, rights -of -way, franchises, easements, and other interests in property, whether real or personal, tangible or intangible, which themselves constitute the Project or which are necessary or convenient to acquire and construct the Project. (d) Construction Expenses. All costs incurred for labor and materials, including equipment and fixtures, by contractors, builders, and materialmen in connection with the acquisition and construction of the Project. (e) Other Professional Fees and Miscellaneous Expenses. All legal, architectural, engineering, and consulting fees, as well as all financing charges, taxes, insurance premiums, and miscellaneous expenses, not specifically referred to in this Master Indenture that are incurred in connection with the acquisition and construction of the Project. Section 404 Disposition of Balances in Acquisition and Construction Fund. On the Date of Completion of a Series Project, the balance in the related Series Acquisition and Construction Account not reserved for the payment of any remaining part of the Cost of the Series Project shall be transferred by the Trustee to the credit of the Series Principal Account or the Series Redemption Account, in such amounts to either or both of such Accounts as an Authorized Officer shall instruct the Trustee in writing to transfer, and used for the purposes set forth for such Account in the Supplemental Indenture relating to such Series of Bonds. ARTICLE V ESTABLISHMENT OF FUNDS AND APPLICATION THEREOF Section 501. Lien. There is hereby irrevocably pledged for the payment of the Bonds of each Series issued hereunder, subject only to the provisions of this Master Indenture and any Supplemental Indenture permitting the application thereof for the purposes and on the terms and conditions set forth in this Master Indenture and any such Supplemental Indenture with respect to each Series of Bonds, the Trust Estate; provided, however, that unless otherwise specifically provided herein or in a Supplemental Indenture relating to a Series of Bonds with respect to the Trust Estate securing such Series of Bonds, the Pledged Funds and Pledged Revenues securing a Series of Bonds shall secure only such Series of Bonds and Bonds issued on a parity therewith and shall not secure any other Bonds or Series of Bonds. ►li The foregoing pledge shall be valid and binding from and after the date of initial delivery of 16 G the Bonds and the proceeds of sale of the Bonds and all the moneys, securities and funds set forth in this Section 501 shall immediately be subject to the lien of the foregoing pledge, which lien is hereby created, without any physical delivery thereof or further act. Such lien shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the District or the Trustee, irrespective of whether such parties have notice thereof. Such lien shall be prior and superior to all other liens now existing or hereafter created. Section 502 Establishment of Funds and Accounts. The following funds and accounts are hereby established and shall be held by the Trustee: (a) Acquisition and Construction Fund, and, within such Fund there may be established by Supplemental Indenture authorizing a Series of Bonds a separate Series AcgLpsition and Construction Account and a Series Costs of Issuance Account for each Series of Bonds issued hereunder; (b) Revenue Fund, and, within such Fund there may be established by Supplemental Indenture authorizing a Series of Bonds a separate Series Revenue Account for each Series of Bonds issued hereunder; (c) Debt Service Fund, and within such Fund there may be established by Supplemental Indenture authorizing a Series of Bonds a Series Debt Service Account and within such Series.Debt Service Account, (i) a Series Interest Account, (ii) a Series Principal Account, and a Series Redemption Account, and therein a Prepayment Subaccount and an Optional Redemption Subaccount. for each such Series of Bonds issued hereunder; (d) Reserve Fund, and, within such Fund there may be established by Supplemental Indenture authorizing a Series of Bonds a separate Series Reserve Account for each such Series of Bonds issued hereunder and any Bonds issued on a parity with any such Series of Bonds hereunder; and (e) Rebate Fund, and, within such Fund there may be established by Supplemental Indenture authorizing a Series of Bonds a separate Series Rebate Account for each such Series of Tax Exempt Bonds issued hereunder. 26 Notwithstanding the foregoing, the Supplemental Indenture authorizing any Series of Bonds' may establish such other Series Accounts or dispense with the Series Accounts set forth above as shall be deemed advisable by the District in connection'with such Series of Bonds. Section 503. Acquisition and Construction Fund. < �t (a) Deposits. The District shall pay to the Trustee, for deposit into the related Ac4wsition and Construction Account in the Acquisition and Construction Fund, as promptly as practicable, the following amounts received by it: (i) the amount set forth in the Supplemental Indenture relating to such Series of Bonds; (ii) payments made to the District from the sale, lease or other disposition of the Series Project or any portion thereof; (iii) the balance of insurance proceeds with respect to the loss or destruction of the Series Project or any portion thereof; and (iv) such other amounts as may be provided in a Supplemental Indenture. Amounts in such Account shall be applied to the Cost of the Series Project; provided, however, that if any amounts remain in the Series Acquisition and Construction Account after the Date of Completion, and if such amounts are not reserved for payment of any remaining part of the Cost of the Series Project, such amounts shall be applied in the manner set forth in Section 404 above. (b) Disbursements. Unless otherwise provided in the Supplemental Indenture authorizing the issuance of such Series of Bonds, payments from a Series Acquisition and Construction Account shall be paid in accordance with the provisions of this subsection (b). Before any such payment shall be made, the District shall file with the Trustee a requisition in the form attached to the corresponding Supplemental Indenture, signed by an Authorized Officer. Upon receipt of each such requisition and accompanying engineer's certificate the Trustee shall promptly withdraw from the Series Acquisition and Construction Account and pay to the person, firm or corporation named in such requisition the amount designated in such requisition. The Trustee shall have no duty to investigate the accuracy or validity of the items delivered pursuant to this Section 503(b). (c) Inspection. All requisitions and engineers certificates received by the Trustee pursuant to this Article shall be retained in the possession of the Trustee, subject at all reasonable times to the inspection of the District, the Consulting Engineer,.the Owner of any Bonds of the related Series, and the agents and representatives thereof. 27 16G (d) Completion of Series Project. On the Date of Completion, the balance in the Acquisition and Construction Account not reserved by the District for the payment of any remaining part of the Cost of acquiring or constructing the Series Project shall be applied in accordance with the provisions of Section 404 hereof. Section 504 Revenue Hind and Series Revenue Accounts. The District hereby covenants and agrees that it will assess, impose, establish and collect the Pledged Revenues with respect to each Series of Bonds in amounts and at times sufficient to pay, when due, the principal of, premium, if any, and interest on such Series of Bonds. The District hereby covenants and agrees to immediately deposit upon receipt all of such Pledged Revenues (except Prepayments), when received, into the related Series Revenue Account and to immediately deposit all Prepayments, when received, into the Prepayment Subaccount of the related Series Redemption Account, unless otherwise provided for in the Supplemental Indenture relating to a Series of Bonds. Section SOS. Debt Service Fund and Series Debt Service Accounts. (a) Principal, Maturity Amount, Interest and Amortization Installments. On the Business Day preceding each Interest Payment Date on the Bonds, the Trustee shall withdraw from the Series Revenue Account and, from the amount so withdrawn, shall make the following deposits in the following order of priority: (i) to the credit of the related Series Interest Account, an amount which, together with other amounts, if any, then on deposit therein will equal the amount of interest payable on the Bonds of such Series on such Interest Payment Date; (ii) to the related Series Principal Account, an amount which, together with other amounts, if any, then on deposit therein will equal the principal amount, if any, payable with respect to Serial Bonds of such Series on such Interest Payment Date; (iii) in each Bond Year in which Term Bonds of such Series are subject to mandatory redemption from Amortization Installments, to the related Series Principal Account, an amount which, together with other amounts, if any, then on deposit therein, will equal the Amortization Installment payable on the Term Bonds of such Series on such Interest Payment Date; and (iv) in each Bond Year in which Capital Appreciation Bonds of such Series mature to the related Series Principal Account, an amount which, together with other amounts, if any, then on deposit therein, will equal the Maturity Amount payable with respect to the Capital Appreciation Bonds of such Series maturing on such Interest Payment Date; 28 16G (v) to the credit of the Series Reserve Account, an amount, if any, which, together with the amount then on deposit therein, will equal the Series Reserve Account Requirement; and (vi) to the credit of the Series Rebate Account the Rebate Amount, if any, required to be deposited therein pursuant to the Supplemental Indenture related to a Series of Tax Exempt Bonds. Notwithstanding the foregoing, so long as there are moneys on deposit in the related Series Capitalized Interest Account on the date required for any transfer into the Series Interest Account as set forth above, the Trustee shall, prior to making any transfer into the related Series Interest Account from the related Series Revenue Account, transfer to the related Series Interest Account from the related Series Capitalized Interest Account, the lesser of the interest on such Series of Bonds coming due on the next succeeding Interest Payment Date or the amount remaining on deposit in the related Series Capitalized Interest Account. (b) Disposition of Remaining Amounts on Deposit in Series Revenue Account. The District shall authorize the withdrawal, from time to time, from the Series Revenue Account an amount sufficient to pay the fees and charges of the Trustee, Bond Registrar, and Paying Agent, when due. Subject to the provisions of Section 604 hereof, if (x) the amount on deposit in the Series Interest Account, Series Principal Account, and Series Redemption Account in each Bond Year equals the interest payable on the Bonds of such Series in such Bond Year, the principal amount of Serial Bonds payable in such Bond Year, the Maturity Amount of all Capital Appreciation Bonds due in such Bond Year and the Amortization Installment required to be paid into the Series Redemption Account in such Bond Year, and if the Debt Service Reserve Account is fully funded, then (y) any amounts remaining in the Series Revenue Account shall, at the written direction of the District, be applied to pay the commissions, fees, costs and any other charges of the Tax Collector and the Property Appraiser, or, if such commissions, fees, costs, or other charges have been paid by the District, then such amounts shall be applied to reimburse the District for such payment upon written request of an Authorized Officer. If, after such amount has been withdrawn and paid for such expenses of collection, any amounts remain in the Series Revenue Account, such amounts shall be disbursed to the District on written request of an Authorized Officer and applied to pay the operating and administrative costs and expenses of the District. After making the payments provided for in this subsection (b), the balance, if any, remaining in the Series Revenue Account shall be retained therein, or, at the written direction of an Authorized Officer to the Trustee, transferred into the Series Redemption Account. (c) Series Reserve Account. Moneys held for the credit of a Series Reserve Account shall be used for the purpose of paying interest or principal or Amortization Installment or Maturity Amount on the Bonds of the related Series whenever amounts on deposit in the Series Debt Service Account shall be insufficient for such purpose. 29 166 (d) Series Debt Service Account. Moneys held for the credit of a Series Principal Account and Series Interest Account in a Series Debt Service Account shall be withdrawn, therefrom by the Trustee and transferred by the Trustee to the Paying Agent in amounts and at times sufficient to pay, when due, the interest on the Bonds of such Series, the principal of Serial Bonds of such Series, the Maturity Amount of Capital Appreciation Bonds of such Series and to redeem Tenn Bonds of such Series that are subject to mandatory redemption from Amortization Installments. (e) Series Redemption Account. Moneys representing Prepayments on deposit in a Series Prepayment Subaccount of the Redemption Account to the full extent of a multiple of an Authorized Denomination shall, unless otherwise provided in the Supplemental Indenture relating to such Series of Bonds, be used by the Trustee to redeem Bonds of such Series on the earliest date on which such Bonds are permitted to be called without payment of premium by the terms hereof (including extraordinary or extraordinary mandatory redemption) and of the Supplemental Indenture relating to such Series of Bonds. Such redemption shall be made pursuant to the provisions of Article III. The District shall pay all expenses incurred by the Trustee and Paying Agent in connection with such redemption. Moneys deposited in a Series Redemption Account other than from Prepayments shall be deposited into the Series Optional Redemption Subaccount in the corresponding Series Redemption Account and held and applied therein as provided in Section 506(x) hereof. (f) Payment to District. When no Bonds of a Series remain Outstanding, and after all expenses and charges herein and in the related Supplemental Indenture required to be paid have been paid as certified to the Trustee in writing by an Authorized Officer, the Trustee shall pay any balance in the Series Accounts for such Series of Bonds to the District upon the written direction of an Authorized Officer, free and clear of any lien and pledge created by this Master Indenture; provided, however, that if an Event of Default has occurred and is continuing in the payment of the principal or Maturity Amount of, or interest or premium on the Bonds of any other Series, the Trustee shall pay over and apply any such excess pro rata (based upon the ratio of the aggregate principal amount of such Series to the aggregate principal amount of all Series Outstanding and for which such an Event of Default has occurred and is continuing) to each other Series of Bonds for which such an Event of Default has occurred and is continuing. Section 506. Optional Redemption. (a) Excess Amounts in Optional Prepayment Subaccount of a Series Redemption Account. The Trustee shall, but only at the written direction of an Authorized Officer on or prior to the forty -fifth (45'") day preceding the date of redemption, call for redemption on each Interest Payment Date on which Bonds are subject to optional redemption, from moneys on deposit in an Optional Redemption Subaccount in a Series Redemption Account such amount of Bonds of such Series then subject to optional redemption as, with the redemption premium, if any, will exhaust such amount as nearly as 16G may be practicable. Such redemption shall be made pursuant to the provisions of Article III The District shall pay all expenses incurred by the Trustee and Paying Agent in connection with such redemption. (b) Purchase of Bonds of a Series. The District may purchase Bonds of a Series then Outstanding at any time, whether or not such Bonds shall then be subject to redemption, at the most advantageous price obtainable with reasonable diligence, having regard to maturity, option to redeem, rate and price, such price not to exceed the principal of such Bonds plus the amount of the premium, if any, which would be payable on the next redemption date to the Owners of such Bonds under the provisions of this Master Indenture and the Supplemental Indenture pursuant to which such Series of Bonds was issued if such Bonds were called for redemption on such date. Before making each such purchase, the District shall file with the Trustee a statement in writing directing the Trustee to pay the purchase price of the Bond9 of such Series so purchased upon their delivery and cancellation, which statement shall set forth a description of such Bonds, the purchase price to be paid therefor, the name of the seller and the place of delivery of the Bonds. The Trustee shall pay the interest accrued on such Bonds to the date of delivery thereof from the related Series Interest Account and the principal portion of the purchase price of Serial Bonds from the related Series Principal Account, but no such purchase shall be made after the Record Date in any Bond Year in which Bonds have been called for redemption. To the extent that insufficient moneys are on deposit in a related Series Interest Account to pay the accrued interest portion of the purchase price of any Bonds or in a related Series Principal Account to pay the principal amount of the purchase price of any Serial Bond, the Trustee shall transfer into such Accounts from the related Series Revenue Account sufficient moneys to pay such respective amounts. In the event that there are insufficient moneys on deposit in the related Series Principal Account with which to pay the principal portion of the purchase price of any Term Bonds,'the Trustee may, at the written direction of the District, transfer moneys into such related Series Principal Account from the related Series Revenue Account to pay the principal amount of such purchase price, but only in an amount no greater than the Amortization Installment related to such Series of Bonds coming due in the current Bond Year calculated after giving effect to any other purchases of Term Bonds during such Bond Year. The Trustee may pay the principal portion of the purchase price of Bonds from the related Series Redemption Account, but only upon delivery of written instructions from an Authorized Officer to the Trustee by the District accompanied by a certificate of an Authorized Officer: (i) stating that sufficient moneys are on deposit in the Redemption Account to pay the purchase price of such Bonds; (ii) setting forth the amounts and maturities of Bonds of such Series which are to be redeemed from such amounts; and (iii) containing cash flows which demonstrate that, after giving effect to the purchase of Bonds in the amounts and maturities set forth in clause (ii) above, the Pledged Revenues to be received by the District in the current and each succeeding Bond Year will be sufficient to pay the principal,* Maturity Amount and Amortization Installments of and interest on all Bonds of such Series. The Trustee may pay the principal portion of the purchase price of any Term Bonds from the related Series Principal Account, but only Term Bonds of a maturity having Amortization Installments in the current Bond Year and in the principal amount no greater 31 16G than the Amortization Installment related to such Series of Bonds coming due in the current Bond Year (calculated after giving effect to any other purchases of Term Bonds during such Bond Year). The Trustee may pay the principal portion of the purchase price of Term Bonds having maturities different from or in amounts greater than set forth in the next preceding sentence from amounts on deposit in the related Series Principal Account and the Trustee may transfer moneys from the related Series Revenue Account to the related Series Principal Account for such purpose, but only upon delivery of written instructions from an Authorized Officer to the Trustee accompanied by a certificate of an Authorized Officer: (i) stating that sufficient moneys are on deposit in the Series Principal Account, after giving effect to any transfers from the related Series Revenue Account, to pay the principal portion of the purchase price of such Term Bonds; (ii) setting forth the amounts and maturities of Term Bondi of such Series which are to be redeemed from such amounts and the Amortization Installments against which the principal amount of such purchases are to be credited; and (iii) containing cash flows which demonstrate that, after giving effect to the purchase of Term Bonds in the amounts and having the maturities and with the credits against Amortization Installments set forth in clause (ii) above and any transfers from the related Series Revenue Account, the Pledged Revenues to be received by the District in the current and in each succeeding Bond Year will be sufficient to pay the principal, Maturity Amount and Amortization Installments of and interest on all Bonds of such Series. If any Bonds are purchased pursuant to this Subsection (b), the principal amount of the Bonds so purchased shall be credited as follows: (i) if the Bonds are to be purchased from amounts on deposit in the Prepayment Subaccount of a Series Redemption Account, against the principal coming due or Amortization Installments set forth in the certificate of the Authorized Officer accompanying the direction of the District to effect such purchase; or (ii) if the Bonds are Term Bonds of a Series, against the Amortization Installment for Bonds of such Series first coming due in the current Bond Year, or, if such Term Bonds so purchased are to be credited against Amortization Installments coming due in any succeeding Bond Year, against the Amortization Installments on Term Bonds of such Series maturing on the same date and designated in the certificate of the Authorized Officer accompanying the direction of the District to effect such purchase; or (iii) against the principal or Maturity Amount of Serial Bonds coming due on the maturity date of such Serial Bond. Section,10Z Rebate Fund and Series Rebate Accounts. Creation. There is hereby created and established a Rebate Fund, and within the R r Fund a Series Rebate Account for each Series of Tax Exempt Bonds. Moneys depoy:�'e�l .and held in the Rebate Fund shall not be subject to the pledge of this Master Indenture. 32 16G (b) Payment to United States. The Trustee shall pay to the District, upon written request of the District, the Rebate Amount required to be paid to the United States at the times, in the manner and as calculated in accordance with the Supplemental Indenture related to a Series of Tax Exempt Bonds. The Trustee shall have no responsibility for computation of the Rebate Amount and instead the District shall cause the Rebate Amount to be calculated by the Rebate Analyst and shall cause the Rebate Analyst to deliver such computation to the Trustee as provided in the Supplemental Indenture related to a Series of Tax Exempt Bonds but before the date of any required payment of the Rebate Amount to the Internal Revenue Service. The fees of, and expenses incurred by, the Rebate Analyst in computing the Rebate Amount shall be paid by the District, which amount shall be treated as an administrative and operating expense of the District payable or reimbursable from the Series Revenue Account in accordance with Section 505(b) hereof. (c) Deficiencies. If the Trustee does not have on deposit in the Series Rebate Account sufficient amounts to make the payments required by this Section, the District shall pay, from any legally available source, the amount of any such deficiency to the United States as in paragraph (b) above provided. (c) Survival. The covenants and agreements of the District in this Section 507 and Section 809, and, any additional covenants related to compliance with provisions necessary in order to preserve the exclusion of interest on the Bonds of a Series from gross income for Federal income tax purposes shall survive the defeasance of the Bonds of such Series in accordance with Article )GI hereof. Section SO& Investment of Funds and Accounts. Unless otherwise provided in the Supplemental Indenture authorizing the issuance of a Series of Bonds, moneys held for the credit of the Series Accounts shall be invested as hereinafter in this Section 508 provided. (a) Series Acquisition and Construction Account, Revenue Account and Debt Service Account. Moneys held for the credit of a Series Acquisition and Construction Account, the Series Revenue Account, and the Series Debt Service Account shall, as nearly as may be practicable, be continuously invested and reinvested by the Trustee in Investment Obligations as directed in writing by an Authorized Officer, which Investment Obligations shall mature, or shall be subject to redemption by the holder thereof at the option of such holder, not later than the respective dates, as estimated by an Authorized Officer, when moneys held for the credit of each such Series Account will be required for the purposes intended. (b) Series Reserve Account. Moneys held for the credit of a Series Reserve Account shall be continuously invested and reinvested by the Trustee in Investment Obligations as directed in writing by an Authorized Officer. 33 (c) Investment Obligations as a Part of Funds and Accounts. Investment 16 Obligations purchased as an investment of moneys in any Fund or Account shall be deemed at all times to be a part of such Fund or Account, and the interest accruing thereon and profit realized from such investment shall be credited as provided in Section 510 hereof. Any loss resulting from such investment shall be charged to such Fund or Account. The foregoing notwithstanding, for purposes of investment and to the extent permitted by law, amounts on deposit in any Fund or Account may be commingled for purposes of investment, provided adequate care is taken to account for such amounts in accordance with the prior sentence. 'The' Trnistee may, upon the direction of an Authorized Officer, transfer investments within such Funds or Accounts without being required to sell such investments. The Trustee shall sell at the best price obtainable or present for redemption any obligations so purchased whenever it shall be necessary so to do in order to provide moneys to meet any payment or transfer from any such Fund or Account. The Trustee shall not be liable or responsible for any loss resulting from any such investment or for failure to make an investment (except failure to make an investment in accordance with the written direction of an Authorized Officer) or for failure to achieve the maximum possible earnings on investments. (d) Valuation. In computing the value of the assets of any Fund or Account, investments and earnings thereon shall be deemed a part thereof. Such investments, other than in a Series Reserve Account, shall be valued at the par value or the current market value thereof, whichever is lower, or at the redemption price thereof, if then redeemable at the option of the holder. In computing the value of the amount on deposit in a Series Reserve Account, obligations purchased as an investment of moneys therein shall be valued at par if purchased at par or at amortized value if purchased at other than par. Amortized value, when used with respect to an obligation purchased at a premium above or a discount below par, means the value as of any given time obtained by dividing the total premium or discount at which such obligation was purchased by the number of interest payments remaining on such obligation on the date of purchase and deducting the amount thus calculated for each interest payment date after such purchase from the purchase price in the case of an obligation purchased at a premium and adding the amount thus calculated for each Interest Payment Date after such purchase to the purchase price in the case of an obligation purchased at a discount. Section 509. Deficiencies and Surpluses in Funds. For purposes of this Section: (i) a "deficiency" shall mean, in the case of a Series Reserve Account, that the amount on deposit therein is less than the Series Reserve Account Requirement (but only after the Bond Year in which the amount on deposit therein first equals the Series Reserve Account Requirement), and (ii) a "surplus" shall mean, in the case of a Series Reserve Account, that the amount on deposit therein is in excess of the Series Reserve Account Requirement. At the time of any withdrawal from a Series Reserve Account that results in a deficiency therein, the Trustee shall promptly notify the District of the amount of any such deficiency and the Trustee shall withdraw the amount of such deficiency from the related Series Revenue Account, and, if amounts on deposit therein are insufficient therefor, the District shall pay the amount of such ME deficiency to the Trustee, for deposit in such Series Reserve Account, from the first legally available 16G sources of the District. The Trustee, as of the close of business on the last Business Day in each Bond Year, after taking into account all payments and transfers made as of such date, shall compute, in the manner set forth in Section 508(d), the value of the Series Reserve Account and shall promptly notify the District of the amount of any deficiency or surplus as of such date in such Series Reserve Account. The District shall immediately pay the amount of any deficiency to the Trustee, for deposit in the Series Reserve Account, from any legally available sources of the District. The Trustee, as soon as practicable after such computation, shall deposit any surplus, at the direction of an Authorized Officer, to the credit of the Series Redemption Account or the Series Principal Account or as provided in the Supplemental Indenture relating to a Series of Bonds. Section 510. Investment Income, Unless provided otherwise in a Supplemental Indenture, earnings on investments in a Series Acquisition and Construction Account and the subaccounts therein, a Series Interest Account and a Series Revenue Account shall be deposited, as realized, to the credit of such Series Account and used for the purpose of such Account. Unless provided otherwise in a Supplemental Indenture, earnings on investments in a Series Principal Account and Redemption Account shall be deposited, as realized, to the credit of such Series Interest Account and used for the purpose of such Account. Earnings on investments in a Series Reserve Account shall be disposed of as follows: (a) if there was no deficiency (as defined in Section 509 above) in the Series Reserve Account as of the most recent date on which amounts on deposit in the Series Reserve Account were valued by the Trustee, and if no withdrawals have been made from the Series Reserve Account since such date, then earnings on investments in the Series Reserve Account shall be deposited, as realized, in the Series Revenue Account; (b) if as of the last date on which amounts on deposit in the Series Reserve Account were valued by the Trustee there was a deficiency (as defined in Section 509 above) in the Series Reserve Account, or if after such date withdrawals have been made from the Series Reserve Account and have created such a deficiency, then earnings on investments in the Series Reserve Account shall be deposited to the credit of the Series Reserve Account until the amount on deposit therein equals the Series Reserve Account Requirement and thereafter shall be deposited to the Series Revenue Account. Section SII. Cancellation oJBonds. All Bonds paid, redeemed or purchased, either at or before maturity, shall be cancelled upon the payment, redemption or purchase of such Bonds. All Bonds cancelled under any of the provisions of this Master Indenture shall be destroyed by the Paying Agent, which shall execute a certificate in duplicate describing the Bonds so destroyed. One executed certificate shall be filed with the Trustee and the other executed certificate shall be retained by the Paying Agent. %.. 35 ARTICLE VI CONCERNING THE TRUSTEE % Section 601. Acceptance of Trust. The Trustee accepts and agrees to execute the trusts hereby created, but only upon the additional terms set forth in this Article, to all of which the parties hereto and the Owners agree. Section 602. No Responsibility for Recitals. The recitals, statements and representations in this Master Indenture, in any Supplemental Indenture or in the Bonds, save only the Trustee's authentication certificate, if any, upon the Bonds, have been made by the District and not by the Trustee; and the Trustee shall be under no responsibility for the correctness thereof. Section 603. Trustee May Act Through Agents, Answerable Only for Willful Arisconduct or Gross Negligence. The Trustee may execute any powers hereunder and perform any duties required of it through attorneys, agents, officers or employees, and shall be entitled to advice of counsel concerning all questions hereunder; and the Trustee shall not be answerable for the default or misconduct of any attorney, agent or employee selected by it with reasonable care. In performance of its duties hereunder, the Trustee may rely on the advice of counsel and shall not be held liable for actions taken in reliance on the advice of counsel. The Trustee shall not be answerable for the exercise of any discretion or power under this Master Indenture or any Supplemental Indenture nor for anything whatever in connection with the trust hereunder, except only its own gross negligence or willful misconduct. Section 604. Compensation and Indemnity. The District shall pay the Trustee reasonable compensation for its services hereunder, and also all its reasonable expenses and disbursements, including the reasonable fees and expenses of Trustee's counsel when such fees and expenses become due, and'shall indemnify the Trustee (and its respective successors, agents and servants) and hold the Trustee '(and its respective successors, agents and servants) harmless against any liabilities, obligations, losses, damages, penalties, claims, actions, suits and costs which it may incur in the exercise and performance of its powers and duties hereunder except with respect to its own gross negligence or willful misconduct. The Trustee shall have no duty in connection with its responsibilities hereunder to advance its own funds nor shall the Trustee have any duty to take any action hereunder without first having received indemnification satisfactory to it. If the District defaults in respect of the foregoing obligations, the Trustee may deduct the amount owing to it from any moneys received by the Trustee under this Master Indenture or any Supplemental Indenture and payable to the District other than Maintenance Special Assessments and moneys from a Credit Facility or a Liquidity Facility. This provision shall survive termination of this Master Indenture and any Supplemental Indenture, and as to any Trustee, its resignation or removal thereof. As security for the foregoing, the District hereby grants to the Trustee a security interest in and to the amounts on deposit in all Series Funds and Accounts, subordinate and inferior to the security interest granted to the Owners of the Bonds from time to time secured thereby, but nevertheless payable in the order of priority as set forth in Section 905 upon the occurrence of an Event of Default. 36 16G 16G Section 605. No Duty to Renew Insurance. The Trustee shall be under no duty to effect or to renew any insurance policy nor shall it incur any liability for the failure of the District to require or effect or renew insurance or to report or file claims of loss thereunder. Section 606. Notice of Default, Right to Investigate. The Trustee shall give written notice, as soon as practicable, by first -class mail to registered Owners of Bonds of all defaults of which the Trustee -has actual knowledge, unless such defaults have been remedied (the term "defaults" for purposes of this Section and Section 607 being defined to include the events specified as "Events of Default" in`S6&ion 902 hereof, but not including any notice or periods of grace provided for therein) or if the Trustee, based upon the advice of counsel upon which it is entitled to rely, determines that the giving of such notice is not in the best interests of the Owners of the Bonds. The Trustee will be deemed to have actual knowledge of any payment default under this Master Indenture or under any Supplemental Indenture and, after receipt of written notice thereof by a Credit Facility issuer or a Liquidity Facility issuer of a default under its respective Reimbursement Agreement, but shall not be deemed to have actual knowledge of any other default unless notified in writing of such default by the Owners of at least 25% in aggregate principal amount of the Outstanding Bonds. The Trustee may, however, at any time require of the District full information as to the performance of any covenant hereunder; and if information satisfactory to it is not forthcoming, the Trustee may make or cause to be made, at the expense of the District, an investigation into the affairs of the District. Section 607. Obligation to Act on Defaults. Before taking any action under this Master Indenture or any Supplemental Indenture in respect of an Event of Default, the Trustee may require that a satisfactory indemnity bond be furnished for the reimbursement of all expenses to which it may be put and to protect it against all liability, except liability resulting from its own gross negligence or willful misconduct in connection with any such action. Section 601 Reliance by Trustee. The Trustee may act on any requisition, resolution, notice, telegram, request, consent, waiver, certificate, statement, affidavit, voucher, bond, or other paper or document or telephone message which it in good faith believes to be genuine and to have been passed, signed or given by the proper persons or to have been prepared and furnished pursuant to any of the provisions of this Master Indenture or any Supplemental Indenture; and the Trustee shall be under no duty to make any investigation as to any statement contained in any such instrument, but may accept the same as conclusive evidence of the accuracy of such statement. Section 609. Trustee May Deal in Bonds. The Trustee may in good faith buy, sell, own, hold and deal in any of the Bonds and may join in any action which any Owners may be entitled to take with like effect as if the Trustee were not a party to this Master Indenture or any Supplemental Indenture. The Trustee may also engage in or be interested in any financial or other transaction with the District. Section 610. Construction of Ambiguous Provisions. The Trustee may construe any ambiguous or inconsistent provisions of this Master Indenture or any Supplemental Indenture and any construction by the Trustee shall be binding upon the Owners. The Trustee shall give prompt written notice to the District of any intention to make such construal. 37 16G Section 611. Resignation of Trustee. The Trustee may resign and be discharged of the trusts created by this Master Indenture by written resignation filed with the Secretary of the District not less than 'sixty (60) days before the date when such resignation is to take effect; provided that notice of such resignation shall be sent by first -class mail to each Owner as its name and address appears on the Bond Register and to any Paying Agent, Bond Registrar, any Credit Facility issuer, and any Liquidity Facility issuer, at least sixty (60) days before the resignation is to take effect. Such resignation shall take effect on the day specified in the Trustee's notice of resignation unless a successor Trustee is previously appointed, in which event the resignation shall take effect immediately on the appointment of such successor; provided, however, that notwithstanding the foregoing such resignation shall not take effect until a successor Trustee has been appointed. If a successor Trustee has not been appointed within sixty (60) days after the Trustee has given its notice of resignation, the Trustee may, at the expense of the District, petition any court of competent jurisdiction for the appointment of a temporary successor Trustee to serve as Trustee until a successor Trustee has been duly appointed. Section 612 Removal of Trustee. Any Trustee hereunder may be removed at any time by an instrument appointing a successor to the Trustee so removed, executed by the Owners of a majority in aggregate principal amount of all Bonds then Outstanding, calculated without regard to any Bonds owned by the Trustee, and filed with the Trustee and the District or by resolution duly adopted by the Governing Body; provided, however, that the Trustee shall not be removed without consent of the Owners of a majority of the Bonds at anytime there has occurred and is continuing an Event of Default hereunder. The Trustee may also be removed at any time for any breach of trust or for acting or proceeding in violation of, or for failing to act or proceed in accordance with, any provision of this Master Indenture or any Supplemental Indenture with respect to the duties and obligations of the Trustee, by any court of competent jurisdiction upon the application of the District or the Owners of not less than 20% in aggregate principal amount of the Bonds then Outstanding. Section 613. Appointment of Successor Trustee. If the Trustee or any successor Trustee resigns or is removed or dissolved, or if its property or business is taken under the control of any state or federal court or administrative body, a vacancy shall forthwith exist in the office of the Trustee, and the District shall appoint a successor and shall mail notice of such appointment by first -class mail to each Owner as its name and address appear on the Bond Register, and to the Paying Agent, Bond Registrar, any Credit Facility issuer and any Liquidity Facility issuer; provided, however, that no successor Trustee shall be appointed unless the District shall have received the prior written consent, which consent shall not be unreasonably withheld, of any Credit Facility issuer; and any Liquidity Facility issuer, to the appointment of such successor Trustee. Section .614. Qualification of Successor Trustee. A successor Trustee shall be a national bank with trust powers or a bank or trust company with trust powers, having a combined net capital and surplus of at least $50,000,000, but in no event shall the successor Trustee ever be the Credit Facility issuer or Liquidity Facility issuer. 38 16G Section i15. Instruments of Succession. Any successor Trustee shall execute, acknowledge and deliver to the District an instrument accepting such appointment hereunder, and thereupon such successor Trustee, without any further act, deed, or conveyance, shall become fully vested with all the estates, properties, rights, powers, trusts, duties and obligations of its predecessor in trust hereunder, with like effect as if originally named Trustee herein. The Trustee ceasing to act hereunder shall pay over to the successor Trustee all moneys held by it hereunder after payment of all fees and expenses owing to the Trustee; and, the Trustee ceasing to act and the District shall execute and deliver an instrument or instruments transferring to the successor Trustee all the estates, properties, rights, powers and trusts hereunder of the Trustee ceasing to act, except for the rights of the Trustee under Section 604 hereof. Section 616. Merger of Trustee. Any corporation into which any Trustee hereunder may be merged or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which any Trustee hereunder shall be a party, shall be the successor Trustee under this Master Indenture, without the execution or filing of any paper or any further act on the part of the parties thereto, anything herein to the contrary notwithstanding; provided, however, that any such successor corporation continuing to act as Trustee hereunder shall meet the requirements of Section 614 hereof, and if such corporation does not meet the aforesaid requirements, a successor Trustee shall be appointed pursuant to this Article VI. Section 617. Resignation of Paying Agent or Bond Registrar. The Paying Agent or Bond Registrar may resign and be discharged of the duties created by this Master Indenture by executing an instrument in writing resigning such duties and specifying the date when such resignation shall take effect, and filing the same with the District and the Trustee not less than sixty (60) days before the date specified in such instrument when such resignation shall take effect, and by giving written notice of such resignation mailed not less than sixty (60) days prior to such resignation date to each Owner as its name and address appear on the registration books of the District maintained by the Bond Registrar. Such resignation shall take effect on the date specified in such notice, unless a successor Paying Agent or Bond Registrar is previously appointed in which event such resignation shall take effect immediately upon the appointment of such successor Paying Agent or Bond Registrar. If the successor Paying Agent or Bond Registrar shall not have been appointed within a period of sixty (60) days following the giving of notice, then the Trustee may appoint a successor Paying Agent or Bond Registrar as provided in Section 619 hereof. Section 618. Removal of Paying Agent or Bond Registrar. The Paying Agent or Bond Registrar may be removed at any time prior to any Event of Default by the District by filing with the Paying Agent of Bond kegistrar to be removed, and with the Trustee, an instrument or instruments in writing executed by an Authorized Officer appointing a successor. Such removal shall be effective thirty (30) days (or such lesser or longer period as may be set forth in such instrument) after delivery of the instrument;' provided, however, that no such removal shall be effective until the successor Paying Agent or.Sbnd Registrar appointed hereunder shall execute, acknowledge and deliver to the District an instturhent accepting such appointment hereunder. 39 Section 619. Appointment of Successor Paying Agent or Bond Registrar. In case at any 1 6 G time the Paying Agent or Bond Registrar shall be removed, or be dissolved, or if its property or affairs shall be taken under the control of any state or federal court or administrative body because of insolvency or bankruptcy, or for any other reason, then a vacancy shall forthwith and j= fIQ ekst in the office of the Paying Agent or Bond Registrar, as the case may be, and a successor shall be appointed by the District; and in case at any time the Paying Agent or Bond Registrar shall resign, then a successor shall be appointed by the District. Upon any such appointment, the District shall give written notice of such appointment to the predecessor Paying Agent or Bond Registrar, the successor Paying Agent or Bond Registrar, the Trustee and all Owners. Any new Paying Agent or Bond Registrar so appointed and accepting such duties as provided in Section 621 hereof shall immediately and without further act supersede the predecessor Paying Agent or Bond Registrar. Section 620. Qualifications of Successor Paying Agent or Bond Registrar. Every successor Paying Agent or Bond Registrar (a) shall be a commercial bank or trust company (i) duly organized under the laws of the United States or any state or territory thereof, (ii) authorized by law to perform all the duties imposed upon it by this Master Indenture and (iii) capable of meeting its obligations hereunder, and (b) shall have a combined net capital and surplus of at least $50,000,000. Section 621. Acceptance of Duties by Successor Paying Agent or Bond Registrar. Any successor Paying Agent or Bond Registrar appointed hereunder shall execute, acknowledge and deliver to the District an instrument accepting such appointment hereunder, and thereupon such successor Paying Agent or Bond Registrar, without any further act, deed or conveyance, shall become duly vested with all the estates, property, rights, powers, duties and obligations of its predecessor hereunder, with like effect as if originally named Paying Agent or Bond Registrar herein. Upon request of such Paying Agent or Bond Registrar, such predecessor Paying Agent or Bond Registrar and the District shall execute and deliver an instrument transferring to such successor Paying Agent or Bond Registrar all the estates, property, rights and powers hereunder of such predecessor Paying Agent or Bond Registrar and such predecessor Paying Agent or registrar shall pay over and deliver to the successor Paying Agent or Bond Registrar all moneys and other assets at the time held by it hereunder. Section 622. Successor by Merger or Consolidation. Any corporation into which any Paying Agent or Bond Registrar hereunder may be merged or converted or with which it may be consolidated, or any corporation resulting from any merger or consolidation to which any Paying Agent or Bond Registrar hereunder shall be a party, shall be the successor Paying Agent or Bond Registrar under this Master Indenture without the execution or filing of any paper or any further act on the part of the parties hereto; anything in this Master Indenture to the contrary notwithstanding. ARTICLE VII FUNDS CONSTITUTE TRUST FUNDS Section 701. Trust Funds. All amounts on deposit in Series Accounts for the benefit of a Series of Bonds shall: 40 (a) be used only for the purposes and in the manner herein and in the 1 6 G Supplemental Indenture relating to such Series of Bonds provided and, pending such application, be held by the Trustee in trust for the benefit of the Owners of such Series of Bonds; (b) be irrevocably pledged to the payment of such Series of Bonds, except for amounts on deposit in the Series Rebate Accounts in the Rebate Fund; (c) be held and accounted for separate and apart from all other Funds and Accounts, including Series Accounts of other Series of Bonds, and other funds and accounts of the Trustee and the District; (d) until applied for the purposes provided herein, be subject to a first lien in favor of the Owners of such Series of Bonds and any pari passu obligations to issuers of Credit or Liquidity Facilities with respect to such Series of Bonds, which lien is hereby created, prior and superior to all other Dens now existing or hereafter created, and, to a second lien in favor of the Trustee, as security for the reasonable compensation for the services of the Trustee hereunder, and also all its reasonable expenses and disbursements, including the reasonable fees and expenses of Trustee's counsel, subordinate and inferior to the security interest granted to the Owners of such Series of Bonds and any pari passu obligations to issuers of Credit or Liquidity Facilities with respect to such Series of Bonds, but nevertheless payable in the order of priority as set forth in Section 905 hereof upon the occurrence of an Event of Default; and (e) shall not be subject to lien or attachment by any creditor of the Trustee or any creditor of the District or any other Series of Bonds other than the Owners of such Series of Bonds and the issuers of Credit or Liquidity Facilities with respect to such Series of bonds. ARTICLE VIII COVENANTS AND AGREEMENTS OF THE DISTRICT Section 801. Payment of Bonds. The District shall duly and punctually pay or cause to be paid, but only from the Trust Estate with respect to each Series of Bonds, Debt Service on the dates, at the places, and in the amounts stated herein, in any Supplemental Indenture, and in the Bonds of such Series. Section 802. Extension of Payment of Bonds. The District shall not directly or indirectly extend or assent to the extension of the maturity of any of the Bonds or the time for payment of interest thereon. The time for payment of Bonds of any Series shall be the time prescribed in the Supplemental Indenture relating to such Series of Bonds. Section 803. Further Assurance. Al any and all'times the District shall, so far as it may be authorized by law, pass, make, do, execute, acknowledge and deliver, all and every such further 41 resolutions, acts, deeds, conveyances, assignments, transfers and assurances as may be necessary orl 6 G desirable for the better assuring, conveying, granting, assigning and confirming all and singular the rights, moneys, securities and funds hereby pledged or assigned, or intended so to be, or which the District may become bound to pledge or assign after the date of execution of this Master Indenture. Section 804. Power to Issue Bonds and Create a Lien. The District hereby represents to the Trustee and to the Owners that it is and will be duly authorized under all applicable laws to issue the Bonds of each Series, to execute this Master Indenture, to adopt Supplemental Indentures, and to pledge its moneys, securities and funds in the manner and to the extent provided herein. Except as provided herein, the District hereby represents that such moneys, securities and funds of the District are and will be free and clear of any pledge, lien, charge or encumbrance thereon and all action on the part of the District to that end has been and will be duly and validly taken. The Bonds of each Series, this Master Indenture and any Supplemental Indenture are and will be the valid and legally enforceable obligations of the District, enforceable in accordance with their terms except to the extent that enforcement thereof may be subject to bankruptcy and other similar laws affecting creditors' rights generally. The District shall at all times, to the extent permitted by law, defend, preserve and protect the pledge and lien created by this Master Indenture and all the rights of the Trustee and the Owners hereunder against all claims and demands of all other persons whomsoever. Section 805. Power to Undertake Series Projects and to Collect Pledged Revenues. The District has or will have upon the date of issuance of each Series of Bonds, and will have so long as any Bonds are Outstanding, good right and lawful power: (a) to undertake the Series Projects, or it will take such action on its part required which it deems reasonable in order to obtain licenses, orders, permits or other authorizations, if any, from any agency or regulatory body having lawful jurisdiction which must be obtained in order to undertake such Series Project; and (b) to fix, levy and collect or cause to be collected the Assessments, Benefit Special Assessments, Maintenance Special Assessments, Impact Fees and any and all Pledged Revenues. Section 806 Sale ojSeries Projects. The District covenants that, until such time as there are no Bonds of a Series Outstanding, it will not sell, lease or otherwise dispose of or encumber the related Series Project or any part thereof other than as provided herein. The District may, however, from time to time, tell any machinery, fixtures, apparatus, tools, instruments, or other movable property acquired by the District in connection with a Series Project, or any materials used in connection therewith, if the District shall determine that such articles are no longer needed or are no longer useful in connection with the acquisition, construction, operation or maintenance of a Series Project, and the proceeds thereof may be applied to the replacement of the properties so sold or disposed of and, if not so applied, shall be deposited to the credit of the related Series Acquisition and Construction Account or, after the Date of Completion of the Series Project, shall be deposited to the credit of the related Series Redemption Account. The District may from time to time sell or lease such other property forming part of a Series Project which it may determine is not needed or serves no useful purpose in connection with the maintenance and operation of such Series Project, if the Consulting Engineers shall in writing approve such sale or lease; the proceeds of any such sale shall be disposed of as herein above provided for the proceeds of the sale or disposal of movable property. Unless otherwise provided for in the Supplemental Indenture relating to a Series of Bonds, the 42 proceeds of any lease as described above shall be deposited to the credit of the related Series 1 L v G Redemption Account. Notwithstanding the foregoing, the District may: (i) dispose of all or any part of a Series Project, other than a Series Project the revenues to be derived from the operation of which are pledged to a Series of Bonds, by gift or dedication thereof to Collier County, Florida or to the State or any agency or instrumentality of either of the foregoing; and/or (ii) impose, declare or grant title to or interests in the Series Project or a portion or portions thereof in order to create ingress and egress rights and public and private utility easements as the District may deem necessary or desirable for the development, use and occupancy of the property within the District; and/or (iii) impose or declare covenants, conditions and restrictions pertaining to the use, occupancy and operation of the Series Projects. Section 807 Completion and Maintenance of Series Projects. The District shall complete the acquisition and construction of a Series Project with all practical dispatch and in a sound and economical manner. So long as any Series Project is owned by the District, the District shall maintain, preserve and keep the same or cause the same to be maintained, preserved and kept, with the appurtenances and every part and parcel thereof, in good repair, working order and condition, and shall from time to time make, or cause to be made, all necessary and proper repairs, replacements and renewals so that at all times the operation thereof may be properly and advantageously conducted. Section 808 Accounts and Reports. (a) Annual Report. The District shall, within one hundred eighty (180) days after the close of each Fiscal Year (or such lesser period as may be required by Florida law) so long as any Bonds are Outstanding, file with the Trustee, solely as a repository of such information, and otherwise as provided by law, a copy of an annual report for such year, accompanied by an Accountant's Certificate, including: (i) statements in reasonable detail of its financial condition as of the end of such Fiscal Year and income and expenses for such Fiscal Year, and (6) statements of all receipts and disbursements of the Pledged Revenues of each Series of Bonds (unless the Pledged Revenues of such Series are remitted directly to the Trustee). The trustee shall, within ninety (90) days after the close of each Fiscal Year so long as any Bonds are Outstanding, file with the District a summary with respect to each Fund and Account of the deposits thereto and disbursements therefrom during such Fiscal Year and the amounts held therein at the end of such Fiscal Year, or at the option of the Trustee, such summary can be made on a monthly basis. (b) No Default Certificate. The District shall file with the Trustee, so long as any Bonds are Outstanding, within ninety (90) days after the close of each Fiscal Year, a certificate of an Authorized Officer stating whether or not, to the knowledge of the signer, the District is in default with respect to any of the covenants, agreements or conditions on its part contained in this Master Indenture and in any Supplemental Indenture and, if so, the nature of such default and actions taken or to be taken to remedy such default. 43 (c) Inspection. The reports, statements and other documents required to be L r furnished by the District to the Trustee and by the Trustee to the District pursuant to any U G provisions hereof shall be available for inspection by any Owner at the designated corporate trust office of the Trustee upon the giving of at least five (5) days advance written notice to the Trustee. (d) Reports Pursuant to Uniform Special District Accountability Act of 1989. The District covenants an' agrees that it will comply with the provisions of Chapter 189.401 et seq., Florida Statutes, as amended (1995), the Uniform Special District Accountability Act of 1989, to the extent applicable to the District, including any reporting requirements contained therein which are applicable to the District. Section 809. Arbitrage and Other Tax Covenants. The District hereby covenants that it will not take any action, acid will not fail to take any action, which action or failure would cause the Tax Exempt Bonds to become "arbitrage bonds" as defined in Section 148 of the Internal Revenue Code of 1986. The District further covenants that it will take all such actions after delivery of any Tax Exempt Bonds as may be required in order for interest on such Tax Exempt Bonds to remain excludable from gross income (as defined in Section 61 of the Internal Revenue Code of 1986) of the Owners. Without limiting the generality of the foregoing, the District hereby covenants that it will, to the extent not remitted by the Trustee, remit to the United States the Rebate Amount at the time and place required by this Master Indenture and any Supplemental Indenture, including any Tax Regulatory Covenants contained therein. Section 810. Enforcement of Payment of Assessments, Benefit Special Assessments, Impart Fees and Maintenance Special Assessments. The District will assess, levy, collect or cause to be collected and enforce the payment of Assessments, Benefit Special Assessments, Impact Fees and/or Maintenance Special Assessments which constitute Pledged Revenues for the payment of any Series of Bonds in the manner prescribed by this Master Indenture, any Supplemental Indenture and all resolutions, ordinances or laws thereunto appertaining at times and in amounts as shall be necessary in order to pay, when due, the principal of and interest on the Series of Bonds to which such Pledged Revenues are pledged; and to pay or cause to be paid the proceeds of such Assessments, Benefit Special Assessments, Impact Fees and/or Maintenance Special Assessments as received to the Trustee in accordance with the provisions hereof. Section 811. Method of Collection of Assessments, Benefit Special Assessments and Maintenance Special Assessments. Pursuant to the procedures set forth in Section 197.3631, t. Florida Statutes (1995), the District will use its best efforts to enter into a written agreement (the "Collection Agreement ") with the Property Appraiser, pursuant to which the Property Appraiser will agree to list on the tax roll for each of the subsequent tax years any Assessments which are pledged to the payment of any Series of Bonds, to include in the notice of proposed property taxes the dollar amount of such Assessments and to include on the tax notice issued pursuant to Section 197.322, Florida Statutes, the dollar amount of such Assessments. The District will agree to provide by not later than September 15 of each year (or such earlier date as shall be required by the Tax Collector or the Property Appraiser) the amount of any such Assessment to be levied against each parcel in the 44 District. The term of the Cogection Agreement will be at least twenty (20) years from the date of the 1 6 G issuance of the Series of Bonds to which such Assessments are pledged. If the District is unable to enter into the Collection Agreement despite use of its best efforts to do so, then the District covenants that the Assessments will be levied and collected by it in the manner prescribed by law. The District shall also comply with the provisions of Section 190.021(3), Florida Statutes (1993) with respect to Maintenance Assessments and Section 190.021 (2), Florida Statutes (1995) with respect to Benefit Assessments in order to cause the Property Appraiser to include the Maintenance Assessments and Benefit Assessments which are pledged to the payment of any series of bonds to be included on the Property Appraiser's tax roll for certification by November by the Property Appraiser to the Tax Collector for inclusion in the merged collection roll prepared by the Tax Collector and for mailing by the Tax Collector and for mailing by the Tax Collector on the official tax notice pursuant to Section 197.3632, Florida Statutes, and Rule 1213-18, Florida Administrative Code, as amended. The District may exercise instead its option regarding the collection and enforcement of Maintenance Assessments and Benefit Assessments which are pledged to the payment of any series of bonds to use the alternative procedures in Section 197.3632, Florida Statutes, for certification by the chairperson of the District to the Tax Collector by September 15 of each calendar year of the particular non -ad valorem special assessment roll for the Maintenance or Benefit Assessments so that they can be included in the official November tax notice of the Tax Collector. Notwithstanding the foregoing, the District shall not be required to cause the Tax Collector to collect any Special Assessments, Maintenance Special Assessments or Benefit Special Assessments (i) which are due and payable within a period of less than two calendar years from the date of levy thereof, or, (ii) with respect benefined land prior to being platted for its ultimate use, or, (iii) with respect to Special Assessments which are pledged as security for bond anticipation notes issued by the District. Section 812 Delinquent Assessments, Benefit Special Assessments or Maintenance Special Assessments. If the owner of any lot or parcel of land shall be delinquent in the payment of any Assessment, Benefit Special Assessment or Maintenance Special Assessment pledged to a Series of Bonds, then such Assessment, Benefit Special Assessment or Maintenance Special Assessment shall be enforced in accordance with Chapter 190.021(4), Florida Statutes (1995), or collected pursuant to the provisions of Chapters 170 and 197, Florida Statutes (1995), including but not limited to the sale of tax certificates and tax deed as regards such Delinquent Assessment, Benefit Special Assessment or Maintenance Special Assessment. In the event the provisions of Chapter 197, Florida Statutes, are inapplicable, then upon the delinquency of any Assessment, Benefit Special Assessment or Maintenance Special Assessment the District either on its own behalf, or through the actions of the Trustee, may, but is not obligated to, declare the entire unpaid balance of such Assessment, Benefit Special Assessment or Maintenance Special Assessment to be in default and, at its own expense, cause such delinquent property to be foreclosed in the same method now or hereafter provided by law for the foreclosure of mortgages on real estate, or pursuant to the provisions of Chapter 173, and Sections 190.026 and 170. 10, Florida Statutes, or otherwise as provided by law. The District further covenants to furnish, at its expense, to the Trustee and any Owner of Bonds of 45 i•1�J the related Series so requesting, sixty (60) days after the due date of each annual installment, a list of all Delinquent Assessments and all delinquent Benefit Special Assessments and Maintenance Special Assessments, together with a copy of the District's annual audit, and a list of foreclosure actions currently in progress and the current status of such Delinquent Assessments and all delinquent Benefit Special Assessments and Maintenance Special Assessments. Section 813. Deposit of Proceeds from Sale of Tax Certificates. If any tax certificates relating to Delinquent Assessments, Benefit Special Assessments or Maintenance Special Assessments which are pledged to a Series of Bonds are sold by the Tax Collector pursuant to the provisions of Section 197.432, Florida Statutes (1995), or if any such tax certificates are not sold but are later redeemed, the proceeds of such sale or redemption (to the extent that such proceeds relate to the Assessments, Benefit Special Assessments or Maintenance Special Assessments), less any commission or other charges retained by the Tax Collector, shall, if paid by the Tax Collector to the District, be paid by the District to the Trustee not later than one (1) Business Day following receipt of such proceeds by the District and shall be deposited by the Trustee to the credit of the related Series Revenue Fund, or as provided in the Supplemental Indenture relating to a Series of Bonds. Section 81 4 Sale of Tax Deed or Foreclosure of Assessment, Benefit Special Assessment or Maintenance Special Assessment Liens. If any property shall be offered for sale for the nonpayment of any Assessment, Benefit Special Assessment or Maintenance Special Assessment which is pledged to a Series of Bonds, and no person or persons shall purchase such property for an amount equal to the full amount due on the Assessment or Maintenance Special Assessment (principal, interest, penalties and costs, plus attorneys' fees, if any), the property shall then be purchased by the District for an amount equal to the balance due on the Assessment or Maintenance Special Assessment (principal, interest, penalties and costs, plus attorneys' fees, if any), from any legally available funds of the District and the District shall receive in its corporate name title to the property for the benefit of the Owners of the Series of Bonds to which such Assessments, Benefit Special Assessments or Maintenance Special Assessments were pledged. The District, either through its own actions, or actions caused to be taken through the Trustee, shall have the power and shall lease or sell such property, and deposit all of the net proceeds of any such lease or sale into the related Series Revenue Fund. Not less than ten (10) days prior to the filing of any foreclosure action as herein provided, the District shall cause written notice thereof to be mailed to the Trustee and any designated agents of the Owners 6f the related Series of Bonds or as provided in the Supplemental Indenture relating to such Series of Bonds. Not less than thirty (30) days prior to the proposed sale of any lot or tract of land acquired by foreclosure by the District, it shall give written notice thereof to the Tn Wee and any designated agent of the Owners of the related Series of Bonds. The District, either through its own actions, or actions caused to be taken through the Trustee, agrees that it shall be required to take the measures provided by law for sale of property acquired by it as trustee for the Owners of the related Series of Bonds within thirty (30) days after the receipt of the request therefor signed by the Trustee or the Owners of at least fifteen percent (15 %) in aggregate principal amount of the Outstanding Bonds of such Series. Section 815. Other Obligations Payable from Assessments, Benefit Special Assessments, Impact Fees or Maintenance Special Assessments. The District will not issue or incur any 46 obligations payable from the proceeds of Assessments, Benefit Special Assessments, Impact Fees or 16G Maintenance Special Assessments securing a Series of Bonds (other than such related Series of Bonds) nor voluntarily create or cause to be created any debt, lien, pledge, assignment, encumbrance or other charge upon such Assessments, Benefit Special Assessments, Impact Fees or Maintenance Special Assessments other than the lien of the related Series of Bonds except for fees, commissions, costs, and other charges payable to the Property Appraiser or to the Tax Collector pursuant to Florida laW or amounts payable to the Trustee and any Credit Facility Issuer or Liquidity Facility Issuer. Section 816. Re- Assessments. if any Assessment shall be either in whole or in part annulled, vacated or set aside by the judgment of any court, or if the District shall be satisfied that any such Assessment is so irregular or defective that it cannot be enforced or collected, or if the District shall have omitted to make such Assessment when it might have done so, the District shall either: (i) take all necessary steps to cause.a new Assessment to be made for the whole or any part of such improvement or against any property benefitted by such improvement; or (ii) in its sole discretion, make up the amount of such Assessment from legally available moneys, which moneys shall be deposited into the related Series Revenue Account. In case any such subsequent Assessment shall also be annulled, the District shall obtain and make other Assessments until a valid Assessment shall be made. Section 817 General. The District shall do and perform or cause to be done and performed all acts and things required to be done or performed by or on behalf of the District under law and this Master Indenture, in accordance with the terms of such provisions. Upon the date of issuance of each Series of Bonds, all conditions, acts and things required by law and this Master Indenture and any Supplemental Indenture to exist, to have happened and to have been performed precedent to and in the issuance of such Series of Bonds shall exist, have happened and have been performed and upon issuance the issue of such Series of Bonds shall be within every debt and other limit prescribed by the laws of the State of Florida applicable to the District. ARTICLE IX EVENTS OF DEFAULT AND REMEDIES Section 901. Extension of Interest Payment. If the time for payment of interest of a Bond of any Series shall be extended, whether or not such extension be by or with the consent of the District, such interest so extended shall not be entitled in case of default hereunder to the benefit or security of this Master Indenture unless the aggregate principal amount of all Bonds of such Series then Outstanding and of all accrued interest the time for payment of which shall not have been extended shall have previously been paid in full. Section 902 Events ojDefault. Each of the following events is hereby declared an Event of Default with respect to a Series of Bonds: 47 (a) Any payment of Debt Service on such Series of Bonds is not made when due; 1 L (b) The District shall for any reason be rendered incapable of fulfilling its v obligations hereunder or under the Supplemental Indenture relating to such Series of Bonds; (c) The District admits in writing its inability to pay its debts generally as they become due, or files a petition in bankruptcy or makes an assignment for the benefit of its creditors or consents to the appointment of a receiver or trustee for itself or for the whole or any part of a related Series Project; (d) The District is adjudged insolvent by a court of competent jurisdiction, or is adjudged a bankrupt on a petition in bankruptcy filed against the District, or an order, judgment or decree be entered by any court of competent jurisdiction appointing, without the consent of the District, a receiver or trustee of the District or of the whole or any part of its property and if the aforesaid adjudications, orders, judgments or decrees shall not be vacated or set aside or stayed within ninety (90) days from the date of entry thereof, (e) The District shall file a petition or answer seeking reorganization or any arrangement under the Federal bankruptcy laws or any other applicable law or statute of the United States of America or any state thereof, (f) Under the provisions of any other law for the relief or aid of debtors, any court of competent jurisdiction shall assume custody or control of the District's assets or any part thereof, and such custody or control shall not be terminated within ninety (90) days from the date of assumption of such custody or control; or (g) The District shall default in the due and punctual performance of any of the covenants, conditions, agreements and provisions contained in the Bonds of such Series or in this Master Indenture or in the Supplemental Indenture relating to such Series of Bonds on the part of the District to be performed (other than a default in the payment of Debt Service on the related Series of Bonds when due, which is an Event of Default under subsection (a) above) and such default shall continue for thirty (30) days after written notice specifying such default and requiring same to be remedied shall have been given to the District by the Trustee or, if the Trustee is unwilling or unable to act, by Owners of not less than ten per centum (10 %) in aggregate principal amount of the Bonds of such Series then Outstanding. Section 403. Acceleration of Maturities of Bonds of a Series. Upon the happening and continuance of any Event of Default specified in clauses (a) through (f) of Section 902 above with respect to a Series of Bonds, the Trustee shall, upon written direction of the Owners of not less than fifty -one percent (51 %) of the aggregate principal amount of the Bonds of such Series then Outstanding, by a notice in writing to the District, declare the aggregate principal amount of all of the Bonds of such Series then Outstanding (if not then due and payable) to be due and payable immediately and, upon such declaration, the same shall become and be immediately due and payable, anything contained in the Bonds of such Series or in this Master Indenture or in the Supplemental 48 Indenture authorizing such Series to the contrary notwithstanding; provided, however, that if at any 1 6 G time after the aggregate principal amount of the Bonds of any Series then Outstanding shall have been so declared to be due and. payable, and before the entry of final judgment or decree in any suit, action or proceeding instituted on account of such default, or before the completion of the enforcement of any other remedy under this Master Indenture or the related Supplemental Indenture, moneys shall have accumulated in the telated Series Revenue Account sufficient to pay the principal of all matured Bonds of such Series and all arrears of interest, if any, upon all Bonds of such Series then Outstanding (except the aggregate principal amount of any Bonds of such Series then Outstanding that is only due because of a declaration under this Section, and except for the interest accrued on the Bonds of such Series since the last Interest Payment Date), and all amounts then payable by the District hereunder shall have been paid or a sum sufficient to pay the same shall have been deposited with the Paying Agent, and every other default (other than a default in the payment of the aggregate principal amount of the Bonds of such Series then Outstanding that is due only because of a declaration under this Section) shall have been remedied, then the Trustee or, if the Trustee is unable or unwilling to act, the Owners of not less than 51% of the aggregate principal amount of the Bonds of such Series then Outstanding not then due except by virtue of a declaration under this Section, may, by written notice to the District, rescind and annul such declaration and its consequences, but no such rescission or annulment shall extend to or affect any subsequent default or impair any right consequent thereon. Section 904. Enforcement of Remedies. Upon the happening and continuance of any Event of Default specified in Section 902 above with respect to a Series of Bonds, the Trustee or, if the Trustee is unwilling or unable to act, the Owners of not less than fifty -one percent (51 %) in aggregate principal amount of the Bonds of such Series then Outstanding may protect and enforce the rights of the Owners of the Bonds of such Series under Florida law, and under this Master Indenture, the related Supplemental Indenture and the Bonds of such Series, by such proceedings in equity or at law, either for the specific performance of any covenant or agreement contained herein or in aid or execution of any power herein or in the related Supplemental Indenture granted or for the enforcement of any proper legal or equitable remedy, as the Trustee or the Owners of such Series of Bonds, as the case may be, shall deem most effectual to protect and enforce such rights. Section 90S. Pro Rata Application of Funds Among Owners of a Series of Bonds. Anything in this Master Indenture to the contrary notwithstanding, if at any time the moneys in the Series Funds and Accounts shall not be sufficient to pay Debt Service on the related Series of Bonds when due, such moneys together with any moneys then available or thereafter becoming available for such purpose, whether through the exercise of the remedies provided for in this Article or otherwise, shall be applied as follows: (a) Unless the aggregate principal amount of all the Bonds of such Series shall have become due and payable or shall have been declared due and payable pursuant to the provisions of Section 903 of this Article, all such moneys shall be applied: First: to the payment of any then -due fees and expenses of the Trustee, including reasonable counsel fees and expenses, to the extent not- otherwise paid. 49 Second: to payment to the persons entitled thereto of all installments of 1 6 G interest then due and payable on the Bonds of such Series, in the order in which such installments become due and payable and, if the amount available shall not be sufficient to pay in full any particular installment, then to the payment ratably, according to the amounts due on such installment, to the persons entitled thereto, without any discrimination or preference except as to any difference in the rates of interest specified in the Bonds of such Series; and Third: to the payment to the persons entitled thereto of the unpaid principal of any of the Bonds of such Series which shall have become due (other than Bonds of such Series called for redemption for the payment of which sufficient moneys are held pursuant to this Master Indenture), in the order of their due dates, with interest upon the Bonds of such Series at the rates specified therein from the dates upon which they become due to their payment date, and, if the amount available shall not be sufficient to pay in full the principal of Bonds of such Series due on any particular date, together with such interest, then to the payment first of such interest, ratably according to the amount of such interest due on such date, and then to the payment of such principal, ratably according to the amount of such principal due on such date, to the Owners of the Bonds of such Series entitled thereto without any discrimination or preference except as to any difference in the foregoing rates of interest. (b) If the aggregate principal amount of all the Bonds of a Series shall have become due and payable in accordance with their terms or shall have been declared due and payable pursuant to the provisions of Section 903 of this Article, all such moneys shall be applied first to the payment of any then -due fees and expenses of the Trustee, including reasonable counsel fees and expenses, to the extent not otherwise paid, and, then to the payment of the whole amount of principal and interest then due and unpaid upon the Bonds of such Series, without preference or priority of principal or of interest or of any installment of interest over any other installment of interest, or of any Bond over any other Bond of such Series, ratably, according to the amounts due respectively for principal and interest, to the persons entitled thereto without any discrimination or preference except as to any difference in the respective rates of interest specified in the Bonds of such Series. (c) If the principal of all the Bonds of a Series shall have been declared due and payable pursuant to the provisions of Section 903 of this Article, and if such declaration shall thereafter have been rescinded and annulled pursuant to the provisions of Section 903 of this Article, then, if the aggregate principal amount of all the Bonds of such Series shall later become due or be declared due and payable pursuant to the provisions of Section 903 of this Article, the moneys remaining in and thereafter accruing to the related Series Revenue Fund shall be applied in accordance with subsection (b) above. The provisions of this Section are in all respects subject to the provisions of Section 901 of this Article. 50 Whenever moneys are to be applied pursuant to this Section, such moneys shall be applied 16G by the Trustee at such times as the Trustee in its sole discretion shall determine, having due regard to the amount of such moneys available for application and the likelihood of additional moneys becoming available for such application. The deposit of such moneys with the Paying Agent shall constitute proper application by the Trustee, and the Trustee shall incur no liability whatsoever to any Owner or to any other person for any delay in applying any such funds, so long as the Trustee acts with reasonable diligence, having due regard to the circumstances, and ultimately applies such moneys in accordance with such provisions of this Master Indenture as may be applicable at the time of application. Whenever the Trustee shall exercise such discretion in applying such funds, it shall fix the date upon which such application is to be made and upon such date interest on the amounts of principal to be paid on such date shall cease to accrue. The Trustee shall give such notice as it may deem appropriate of the fixing of any such date, and shall not be required to make payment to any Owner until such Bond shall be surrendered to the Trustee for appropriate endorsement. Section 906. Effect of Discontinuance of Proceedings, If any proceeding taken by the Trustee or any Owner on account of any default shall have been discontinued or abandoned for any reason, then the District and the Owner shall be restored to their former positions and rights hereunder, respectively, and all rights and remedies of the Owners shall continue as though no such proceeding had been taken. Section 90Z Restriction on Individual Owner Actions. Except as provided in Section 910 below, no Owner of any of the Bonds shall have any right in any manner whatever to affect, disturb or prejudice the security of this Master Indenture or any Supplemental Indenture, or to enforce any right hereunder or thereunder except in the manner herein or therein provided, and all proceedings at law or in equity shall be instituted and maintained for the benefit of all Owners of the Bonds of such Series. Section 908. No Remedy Exclusive. No remedy conferred upon the Trustee or the Owners is intended to be exclusive of any other remedy herein or in any Supplemental Indenture provided, and each such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or thereunder. Section 909. Delay Not a Waiver. No delay or omission of the Trustee or any Owner to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver of any such default or an acquiescence therein; and every power and remedy given to the Trustee and the Owners may be exercised from time to time and as often as may be deemed expedient. Section 910. Right to-Enforce Payment of Bonds. Nothing in this Article shall affect or impair the right of any Owner to enforce the payment of Debt Service on the Bond of which such person is the registered Owner, or the obligation of the District to pay Debt Service to the Owner at the time and place specified in such Bond. 51 16G Section 911. No Cross Default Among Series. The occurrence of an Event of Default hereunder or under any Supplemental Indenture with respect to any Series of Bonds shall not constitute an Event of Default with respect to any other Series of Bonds, unless the event giving rise to the Event of Default also constitutes an Event of Default hereunder or under the Supplemental Indenture with respect to such other Series of Bonds. Section 912. Indemnification. Other than to make proper draws under a Credit Facility, the Trustee shall be under no obligation to institute any suit or to take any remedial proceeding under this Master Indenture or any Supplemental Indenture or to enter any appearance or in any way defend in any suit in which it may be made defendant, or to advance its own money, or to take any steps in the execution of the trusts hereby created or in the enforcement of any rights and powers hereunder, until it shall be indemnified to its satisfaction against any and all costs and expenses, outlays and counsel fees and other reasonable disbursements, and against all liability. ARTICLE X EXECUTION OF INSTRUMENTS BY OWNERS AND PROOF OF OWNERSHIP OF BONDS Section 1001. Execution of Instruments by Owners and Proof of Ownership of Bonds. Any request, direction, consent or other instrument in writing required or permitted by this Master Indenture or any Supplemental Indenture to be signed or executed by Owners may be in any number of concurrent instruments of similar tenor and may be signed or executed by Owners or their attorneys or legal representatives. Proof of the execution of any such instrument shall be sufficient for any purpose of this Master Indenture and shall be conclusive in favor of the District with regard to any action taken by it under such instrument if vdrified by any officer in any jurisdiction who, by the laws thereof, has power to take affidavits within such jurisdiction, to the effect that such instrument was subscribed and sworn to before him, or by an affidavit of a witness to such execution. Where such execution is on behalf of a person other than an individual such verification or affidavit shall also constitute sufficient proof of the authority of the signer thereof. Nothing contained in this Article shall be construed as limiting the Trustee to such proof, it being intended that the Trustee may accept any other evidence of the matters herein stated which it may deem sufficient. Any request or consent of the Owner of any Bond shall bind every future owner of the same Bond in respect of anything done by the Trustee or the District in pursuance of such request or consent. Section 1002. Deposit of Bonds. Notwithstanding the foregoing, neither the District nor the Trustee shall be required to recognize any person as an Owner of any Bond or to take any action at Ws request unless such Bond shall be deposited with the Trustee. 52 16G ARTICLE XI SUPPLEMENTAL INDENTURES Section 1101. Supplemental Indentures Without Owners' Consent. The Governing Body from time to time may authorize such indentures supplemental hereto or amendatory hereof as shall not be inconsistent with the terms and provisions hereof (which supplemental indenture shall thereafter form a part hereof), without the consent of the Owners, for the following purposes: (a) to provide for the initial issuance of a Series of Bonds or refunding bonds of a Series or bond anticipation notes issued in anticipation of a Series of Bonds, or, to provide for the issuance of Additional Bonds of a Series provided that such Additional Bonds satisfy the requirements set forth in the Supplemental Indenture relating to the original Series of Bonds to which such Additional Bonds relate; or (b) to make any change whatsoever to the terms and provisions of this Master Indenture, but only as such change relates to a Series of Bonds upon the original issuance thereof (or upon the original issuance of refunding bonds of a Series which defense and discharge the Supplemental Indenture of the Series of Bonds to be refunded) under and pursuant to the terms of the Supplemental Indenture effecting such change; or (c) to cure any ambiguity or formal defect or omission or to correct any inconsistent provisions in this Master Indenture; or (d) to grant to the Owners or to the Trustee on behalf of the Owners any additional lights or security that may lawfully be granted; (e) to add to the covenants and agreements of the District in this Master Indenture other covenants and agreements thereafter to be observed by the District to the benefit of the Owners of the Outstanding Bonds; (f) to make such changes as may be necessary in order to reflect amendments to Chapters 170, 190 and 298, Florida Statutes (1995), so long as, in the opinion of counsel to the District, such changes either: (i) do not have a material adverse effect on the Owners of each Series of Bonds to which such changes relate; or (ii) if such changes do have a material adverse effect, that they nevertheless are required to be made as a result of such amendments; or (g) to modify the provisions of this Master Indenture or any Supplemental Indenture provided that such modification does not, in the written opinion of Bond Counsel, materially adversely affect the interests of the Owners of the Bonds Outstanding. Section 1102 Supplemental Indentures With Owner Consent. Subject to the provisions contained in this Section, and not otherwise, the Owners of not less than fifty -one percent (51 %) in aggregate principal amount of the Bonds then Outstanding shall have the right, from time to time, 53 anything contained in this Master Indenture to the contrary notwithstanding, to consent to and 1 6 G approve the adoption of such indentures supplemental hereto or amendatory hereof as shall be deemed desirable by the District for the purpose of modifying, altering, amending, adding to or rescinding, in any particular, any of the provisions of this Master Indenture; provided, however, that nothing herein contained shall permit, or be construed as permitting, without the consent , all Owners of Bonds then Outstanding, (a) an extension of the maturity of, or an extension of the Interest Payment Date any Bond; (b) a reduction in the principal, premium, or interest on any Bond; (c) a preference or priority of any Bond over any other Bond; or (d) a reduction in the aggregate principal amount of the Bonds required for consent to such supplemental indenture. In addition to the foregoing, the Owners of not less than fifty-one percent (51 %) in aggregate principal amount of the Bonds of a Series then Outstanding shall have the right, from time to me, anything contained in this Master Indenture or in the Supplemental Indenture relating to such Series of Bonds to the contrary notwithstanding, to consent to and approve the adoption of such indentures supplemental to the Supplemental Indenture relating to such Series of Bonds or amendatory thereof, but not hereof, as shall be deemed desirable by the District for the purpose of modifying, altering, amending, adding to or rescinding, in any particular, any of the provisions of such Supplemental Indenture or of any supplemental indenture; provided, however, that nothing herein contained shall permit or be construed as permitting, without the consent of all Owners of Bonds of such Series then Outstanding, (a) an extension of the maturity of on, any Bond of such Series; or an extension of the Interest Payment Date (b) a reduction in the principal, premium, or interest on any Bond of such Series; (c) a preference or priority of any Bond of such Series over any other Bond of such Series; or (d) a reduction in the aggregate principal amount of the Bonds of such Series required for consent to such indenture supplemental to the Supplemental Indenture. If at any time the District shall determine that it is desirable to approve any Supplemental Indenture pursuant to this Section 1102, the District shall cause the Trustee to mail notice of the proposed Supplemental Indenture to the Owners whose approval is required. Such notice shall be prepared by the District and shall briefly set forth the nature of the proposed Supplemental Indenture and shall state that copies thereof are on file with the Secretary for inspection by all affected Owners. 54 The District shall not, however, be subject to any liability to any Owner by reason of its failure to 16G cause the notice required by this Section to be mailed and any such failure shall not affect the validity of such Supplemental Indenture when consented to and approved as provided in this Section. Whenever, at any time within one (1) year after the date of the first mailing of such notice, there shall be delivered to the District an instrument or instruments in writing purporting to be executed by the Owners of the requisite principal amount of the Bonds of such Series Outstanding, which instrument or instruments shall refer to the proposed Supplemental Indenture described in such notice and shall specifically consent to and approve the execution thereof in substantially the form of the copy thereof referred to in such notice, thereupon, but not otherwise, the Governing Body and the Trustee may approve such Supplemental Indenture and cause it to be executed, in substantially such form, without liability or responsibility to any Owner. Section 1103. Opinion of Bond Counsel With Respect to Supplemental Indenture. In addition to the other requirements herein set forth with respect to Supplemental Indentures, no Supplemental Indenture shall 'be effective unless and until there shall have been delivered to the Trustee the opinion of Bond Counsel to the effect that such Supplemental Indenture is permitted pursuant to this Master Indenture and that such Supplemental Indenture is the valid and binding obligation of the District enforceable in accordance with its terms, except as the enforceability thereof may be limited by bankruptcy, insolvency or general equitable principles. In addition, if such Supplemental Indenture relates to a Series of Tax Exempt Bonds, such opinion shall also state that such Supplemental Indenture will not adversely affect the exclusion from gross income for federal income tax purposes of interest on the related Series of Bonds. Section 1104 Supplemental Indenture Part of Indenture. Any Supplemental Indenture executed in accordance with this Article and approved as to legality by counsel to the District shall thereafter form a part of this Master Indenture. Except as applicable only to Bonds of a Series, all of the terms and conditions contained in any such Supplemental Indenture amendatory of this Master Indenture shall be part of the terms and conditions hereof. Section 1105. Insurer or Issuer of a Credit or Liquidity Facility as Owner of Bonds. As long as a Credit or Liquidity Facility securing all or a portion of the Bonds of a Series Outstanding is in effect, the issuer of the Credit or Liquidity Facility or the Insurer, to the extent so authorized in the applicable Supplemental Indenture, will be deemed to be the Owner of the Bonds of such Series secured by the Credit or Liquidity Facility: (i) at all times for the purpose of the execution and delivery of a Supplemental Indenture or of any amendment, change or modification of the Indenture or the applicable Supplemental Indenture or the initiation by Owners of any action to be undertaken by the Trustee at the Owner's request, which under the Master Indenture or the applicable Supplemental Indenture requires the written approval or consent of or can be initiated by the Owners of at least a majority in principal amount of the Bonds of the Series at the time Outstanding; (ii) at all times for the purpose of the mailing of any notice to Owners under the Master Indenture or the applicable Supplemental Indenture; and (iii) following an Event of Default for all other purposes. Notwithstanding the foregoing, neither an Insurer nor the issuer of a Credit or Liquidity Facility with respect to a Series of Bonds will not be deemed to be an Owner of the Bonds of such Series with 55 16G respect to any such Supplemental Indenture or of any amendment, change or modification of the Master Indenture which would have the effect of permitting: (i) a change in the terms of redemption or maturity of any Bonds of a Series Outstanding or of any installment of interest thereon; or (ii) a reduction in the principal amount or the Redemption Price thereof or in rate of interest thereon; or ('iii) reducing the percentage or otherwise affecting the classes of Bonds the consent of the Owners of which is required to effect any such modification or amendment; or (iv) creating any preference or priority of any Bond of a Series over any other Bond of such Series. ARTICLE XII DEFEASANCE Section 1201. Defeasance and Discharge of the Lien of this Master Indenture and Supplemental Indentures. (a) If the District pays or causes to be paid, or there shall otherwise be paid, to the Owners of all Bonds the principal or Redemption Price, if applicable, and interest due or to become due thereon and the obligations under any Letter of Credit Agreement and any Liquidity Agreement, at the times and in the manner stipulated therein and in this Master Indenture and any Letter of Credit Agreement and any Liquidity Agreement and pays or causes to be paid all other moneys owing hereunder and under any Supplemental Indenture, including any amounts then owing to the Trustee, then the lien of this Master Indenture and all covenants, agreements and other obligations of the District to the Owners and the issuer of any Credit Facility or Liquidity Facility shall thereupon cease, terminate and become void and be discharged and satisfied. In such event, the Trustee upon the request of the District shall execute and deliver to the District all such instruments as may be desirable to evidence such discharge and satisfaction, and the Trustee and the Paying Agent shall pay over or deliver, as directed by the District, all moneys or securities held by them pursuant to this Master Indenture which are not required for the payment of principal, interest or Redemption Price, if applicable, on Bonds not theretofore surrendered for such payment or redemption or for payment of obligations under any Letter of Credit Agreement and any Liquidity Agreement. If the District pays or causes to be paid, or there shall otherwise be paid, to the Owners of all Outstanding Bonds or of a particular maturity, of a particular Series or of any part of a particular maturity or Series the principal or Redemption Price, if applicable, and interest due or to become due thereon, at the times and in the manner stipulated therein and in this Master Indenture, such Bonds shall cease to be entitled to any lien, benefit or security under this Master Indenture, and all covenants, agreements and obligations of the District to the Owners of such Bonds shall thereupon cease, terminate and become void and be discharged and satisfied. Anything to the contrary in this Section 1201 notwithstanding, this Master Indenture shall not be discharged nor shall any Bonds with respect to which moneys or Federal Securities have been deposited in accordance with the provisions of this Section 1201 cease to be entitled to the lien, benefit or security under this Master Indenture, except to the extent that the lien, benefit and security of this Master Indenture -and the obligations 56 16G of the District hereunder shall be limited solely to and such Bonds shall be secured solely by and be payable solely from the moneys or Federal Securities so deposited. (b) Bonds or interest installments for the payment or redemption of which moneys shall have been set aside and shall be held in trust by the Trustee (through deposit pursuant to this Master Indenture of funds for such payment or redemption or otherwise) at the maturity or redemption date thereof shall be deemed to have been paid within the meaning and with the effect expressed in this Section. All Outstanding Bonds of any particular maturity or Series shall prior to the maturity or redemption date thereof be deemed to have been paid within the meaning and with the effect expressed in subsection (a) of this Section 1201 if: (i) in case any of such Bonds are to be redeemed on any date prior to their maturity, the District shall have given to the Trustee or the Bond Registrar irrevocable instructions accepted in writing by the Trustee or the Bond Registrar to mail as provided in Article III notice of redemption of sut;h Bonds on such date; (ii) there shall have been deposited with the Trustee either moneys in an amount which shall be sufficient, or Federal Securities, the principal of and the interest on which when due shall, as demonstrated in an Accountant's Certificate, provide moneys which, together with the moneys, if any, deposited with the Trustee at the same time, shall be sufficient, to pay when due the principal or Redemption Price, if applicable, and interest due and to become due on said Bonds on or prier to the redemption date or maturity date thereof, as the case may be; (iii) the District shall have given the Trustee or the Bond Registrar in form satisfactory to it irrevocable instructions to mail, postage prepaid, to each registered Owner of Bonds then Outstanding at the address, if any, appearing upon the registry books of the District, a notice to the registered Owners of such Bonds and to the Registrar that the deposit required by (ii) above has been made with the Trustee and that such Bonds are deemed to have been paid in accordance with this Section 1201 and stating such maturity or redemption date upon which moneys are to be available for the payment of the principal or redemption price, if applicable, on such Bonds; and, (iv) an opinion of Bond Counsel to the effect that such defeasance is permitted under this Master Indenture and the Supplemental Indenture relating to the Series of Bonds so defeased and that, in the case of Tax- Exempt Bonds, such defeasance will not adversely affect the tax exempt status of such Series of Bonds. Neither Federal Securities nor moneys deposited with the Trustee pursuant to this Section 1201 nor principal or interest payments on any such Federal Securities shall be withdrawn or used for any purpose other than, and shall be held in trust for, the payment of the principal or redemption price, if applicable, and interest on such Bonds; provided that any cash received from such principal or interest payments on such Federal Securities deposited with the Trustee: (i) to the extent such cash shall not be required at any time for such purpose as evidenced by an Accountant's Certificate or, and to the extent all obligations under any Letter of Credit Agreement or any Liquidity Agreement are satisfied, as determined by an Insurer or an issuer of any Credit Facility and any Liquidity Facility securing the Bonds with respect to which such Federal Securities have been so deposited, shall be paid over upon the direction of the District as received by the Trustee, free and clear of any trust, lien, pledge or assignment securing such Bonds or otherwise existing under this Master Indenture; and (ii) to the extent such cash shall be required for such- purpose at a later date, shall, to the extent practicable, be reinvested in Federal Securities maturing at timerand 57 in amounts sufficient to pay when due the principal or redemption price, if applicable, and 1 6 G interest to become due on such Bonds, or obligations under any Letter of Credit Agreement or any Liquidity Agreement, on or prior to such redemption date or maturity date thereof, as the case may be, and interest earned from such reinvestments shall be paid over as received by the Trustee to the District, free and clear of any lien, pledge or security interest securing such Bonds or otherwise existing under this Master Indenture. For the purposes of this provision, Federal Securities means and includes only such securities which shall not be subject to redemption prior to their maturity other than at the option of the holder thereof. (c) As to any Variable Rate Bonds, whether discharged and satisfied under the provisions of subsection (a) or (b) above, the amount required for the interest thereon shall be calculated at the maximum rate permitted by the terms of the provisions which authorized the issuance of such Variable Rate Bonds; provided, however, that if on any date, as a result of such Variable Rate Bonds having borne interest at less than such maximum rate for any period, the total amount 'of moneys and Investment Obligations on deposit for the payment of interest on such Variable Rate Bonds is in excess of the total amount which would have been required to be deposited on such date in respect of such Variable Rate Bonds in order to fully discharge and satisfy such Bonds and obligations under any Letter of Credit Agreement and any Liquidity Agreement pursuant to the provisions of this Section, the District may use the amount of such excess free and clear of any trust, lien, security interest, pledge or assignment securing said Variable Rate Bonds or otherwise existing under this Master Indenture or under any Letter of Credit Agreement or any Liquidity Agreement. (d) Notwithstanding any of the provisions of this Master Indenture to the contrary Option Bonds may only be fully discharged and satisfied either pursuant to subsection (a) above or by depositing in the Series Interest Account, the Series Principal Account and the Series Redemption Account, or in such other accounts which are irrevocably pledged to the payment of the Option Bonds, as the District may create and establish by Suppltmental Indenture, moneys which together with other moneys lawfully available therefor shall be sufficient at the time of such deposit to pay when due the maximum amount of principal of and redemption price,'if any, and interest on such Option Bonds which could become payable to the Owners of such Bonds upon the exercise of any options provided to the Owners of such Bonds; provided however, that if, at the time a deposit is made pursuant to this subsection (d), the options originally exercisable by the Owner of an Option Bond are no longer exercisable, such Bond shall not be considered an Option Bond for purposes of this subsection (d). If any portion of the moneys deposited for the payment of the principal of and redemption price, if any, and interest on Option Bonds is not required for such purpose and is not needed to reimburse an Insurer or an issuer of any Credit Facility or Liquidity Facility, for obligations under any Letter of Credit Agreement or any Liquidity Agreement, the District may use the amount of such excess free and clear of any trust, lien, security interest, pledge or assignment securing such Option Bonds or otherwise existing under this Master Indenture or any Letter of Credit Agreement or Liquidity Agreement. 58 (e) Anything in this Master Indenture to the contrary notwithstanding, any moneys 16 G held by the Trustee or any Paying Agent in trust for the payment and discharge of any of the Bonds which remain unclaimed for six (6) years after the date when such Bonds have become due and payable, either at their stated maturity dates or by call for earlier redemption, if such moneys were held by the Trustee or any Paying Agent at such date, or for six (6) years after the date of deposit of such moneys if deposited with the Trustee or Paying Agent after the date when such Bonds became due and payable, shall, at the written request of the District be repaid by the Trustee or Paying Agent to the District, as its absolute property and free from trust, and the Trustee or Paying Agent shall thereupon be released and discharged with respect thereto and the Owners shall look only to the District for the payment of such Bonds; provided, however, that before being required to make any such payment to the District, the Trustee or Paying Agent shall, at the expense of the District, cause to be mailed, postage prepaid, to any Insurer or any issuer of any Credit Facility or Liquidity Facility, and to each registered Owner of Bonds then Outstanding at the address, if any, appearing upon the registry books of the District, a notice that such moneys remain unclaimed and that, after a date named in such notice, which date shall be not less than thirty (30) days after the date of the mailing of such notice, the balance of such moneys then unclaimed shall be returned to the District. (f) In the event that the principal and redemption price; if applicable, and interest due on the Bonds shall be paid by the Insurer pursuant to a municipal bond insurance policy, the assignment and pledge and all covenants, agreements and other obligations of the District to the Owners of such Bonds shall continue to exist and the Insurer shall be subrogated to the rights of such Owners. (g) Anything in this Master Indenture to the contrary notwithstanding, the provisions of the foregoing subsections (b) through (f) shall apply to the discharge of Bonds of a Series and to the discharge of the lien of any Supplemental Indenture securing such Series of Bonds as though each reference to the "Master Indenture" were a reference to such "Supplemental Indenture" and as though each reference to "Bonds Outstanding" were a reference to the "Bonds of such Series Outstanding." Section 1102 Moneys Held in Trust. All moneys and obligations held by an escrow or paying agent or trustee pursuant to this Section shall be held in trust and the principal and interest of said obligations when received, and said moneys, shall be applied to the payment, when due, of the principal, interest and premium, if any, of the Bonds to be paid or to be called for redemption. ARTICLE XIII MISCELLANEOUS PROVISIONS Section 1301. Effect of Covenants. All covenants, stipulations, obligations and agreements of the District contained in this Master Indenture shall be deemed to be covenants, stipulations, obligations and agreements of the District and of the Governing Body of the District to the full extent Fib authorized or permitted by law, and all such covenants, stipulations, obligations and agreements shall 16G bind or inure to the benefit of the successor or successors thereof from time to time and any officer, board, body or commission to whom or to which any power or duty affecting such covenants, stipulations, obligations and agreements shall be transferred by or in accordance with law. Except as otherwise provided herein, all rights, powers and privileges conferred, and duties and liabilities imposed, upon the District or upon the Governing Body by this Master Indenture shall be exercised or performed by the Governing Body, or by such other officers, board, body or commission as may be required by law to exercise such powers or to perform such duties. No covenant, stipulation, obligation or agreement herein contained shall be deemed to be a covenant, stipulation, obligation or agreement of any member, agent or employee of the Governing Body in his or her individual capacity, and neither the members of the Governing Body nor any official executing the Bonds shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. Section 1302. Manner of Giving Notice to the District and the Trustee. Any notice, demand, direction, request or other instrument authorized or required by this Master Indenture to be given to or filed with the District or the Governing Body shaIl be deemed to have been sufficiently given or filed for all purposes of this Master Indenture if and when sent by certified mail, return receipt requested: To the District, addressed to: District Manager Naples Heritage Community Development District 10300 N.W. 11 th Manor Coral Springs, Florida 33071 To the Trustee, addressed to: First Union National Bank of Florida One First Union Financial Center 200 South Biscayne Boulevard, 14th Floor Miami, Florida 33131 Attention: Corporate Trust Department or to such other address as shall be provided to the other party hereto in writing. AU documents received by the District and the Trustee under this Master Indenture shall be retained in their possession, subject at all reasonable times upon reasonable notice to the inspection of any Owner and the agents and representatives thereof. 60 Section 1303. Manner of Giving Notice to the Owners. Any notice, demand, direction, 16G request, or other instrument authorized or required by this Master Indenture to be mailed to the Owners shall be deemed to have been sufficiently mailed if mailed by first class mail, postage pre -paid, to the Owners at their addresses as they appear at the time of mailing on the registration books maintained by the Bond Registrar. Section 1304. Successorship of District Officers. If the offices of Chairman, or Secretary shall be abolished or an two or more of Y such offices shall be merged or consolidated, or in the event of a vacancy in any such office by reason of death, resignation, removal from office or otherwise, or in the event any such officer shall become incapable of performing the duties of his office by reason of sickness, absence from the District or otherwise, all powers conferred and all obligations and duties imposed upon such officer shall be performed by the officer succeeding to the principal functions thereof or by the officer upon whom such powers, obligations and duties shall be imposed by law. Section 1305. Inconsistent Avvdsions. All provisions of any resolutions, and parts thereof, which are inconsistent with any of the provisions of this Master Indenture are hereby declared to be inapplicable to this Master Indenture. Section 1306. Further Acts. The officers and agents of the District are hereby authorized and directed to do all the acts and things required of them by the Bonds and this Master Indenture, for the full, punctual and complete performance of all of the terms, covenants, provisions and agreements contained in the Bonds and this Master Indenture. Section 1307 Headings Not Part of Indenture. Any headings preceding the texts of the several Articles and Sections hereof and any table of contents, marginal notes or footnotes appended to copies hereof shall be solely for convenience of reference, and shall not constitute a part of this Master Indenture, nor shall they affect its meaning, construction or effect. Section 1308. Effect of Partial Invalidity. In case any one or more of the provisions of this Master Indenture or of any Bonds shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Master Indenture or of the Bonds, but this Master Indenture and the Bonds shall be construed and enforced as if such illegal or invalid provision had not been contained therein. The Bonds are issued and this Master Indenture is adopted with the intent that the laws of the State of Florida shall govern their construction. Section 1309. Attorney's Fees. Any reference herein to the term "attorneys' fees" or "legal fees" or words of like import shall include but not be limited to fees of legal assistants and paralegals and fees incurred in any and all legal proceedings, including any trial or appellate level proceedings, and any sales tax thereon. 61 Section 1310. Effective Date. This Master Indenture shall be effective as of the date first 16 G above - written. • SEAL NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT ATTEST: Secretary SEAL 62 By: Chairman, Board of Supervisors FIRST UNION NATIONAL BANK OF FLORIDA, as Trustee By: Authorized Signatory PROPOSED FORM OF OPINION OF BOND COUNSEL Appendix C - I 11 16G ilk ar 4.a t}' [Subject to Change Prior to Closing] [Date of Closing] Board of Supervisors Naples Heritage Community Development District Re: S16,645,000 Naples Heritage Community Development District Capital Improvement Revenue Bonds, Series 1996 We have served as bond counsel in connection with the issuance by Naples Heritage Community Development District (the "District "), a community development district created and casting pursuant to Chapter 190, Florida Statutes, as amended (the "Act "), of its $16,645,000 Capital Improvement Revenue Bonds, Series 1996 (the "Bonds "). The Bonds are being issued under and pursuant to the Constitution and laws of the State of Florida, a Master Trust Indenture, dated as of December 1, 1996 (the "Master Indenture ") and a First Supplemental Trust Indenture, dated as of December 1, 1996 (the "Supplemental Indenture ") (collectively, the Master Indenture as amended and supplemented by the Supplemental Indenture is hereinafter referred to as the "Indenture "), from the District to First Union National Bank of Florida, Miami, Florida, as trustee (the "Trustee ") and resolutions adopted by the Board of Supervisors of the District on December , 1996 (the "Bond Resolution "). The Bonds are issued in an aggregate principal amount of S 16,645,000 for the purpose of (i) financing the Cost of acquiring, constructing and equipping assessable improvements (the "1996 Project"); (ii) paying certain costs associated with the issuance of the 1996 Bonds; (iii) making a deposit into the 1996 Reserve Account for the benefit of all of the 1996 Bonds; and (iv) paying a portion of the interest to become due on the 1996 Bonds. The Bonds are payable from and secured by the proceeds of special assessments upon property specially benefitted by the 1996 Project (as more particularly defined in the Indenture, the "Series 1996 Assessments "). We have examined the law and such certified proceedings and other papers as we have deemed necessary to render this optrnon. Unless the context indicates otherwise, all terms not otherwise defined herein shall have the meaning ascribed to such terms in the Indenture. The Bonds recite that neither the Bonds nor the interest and premium, if any, payable thereon shall constitute a general obligation or general indebtedness of the District within the meaning of the Constitution and laws of the State of Florida. The Bonds and the interest and premium, if any, payable thereon do not constitute either a pledge of the full faith and credit of the District or a lien upon any property of the District other than as provided in the Indenture authorizing the issuance 'of the Bonds. No Owner or any other person shall ever have the right to compel the exercise of any ad S yf: Board of Supervisors Naples Heritage Community Development District [Date of Closing) valorem taxing power of the District or any other public authority or governmental body to pay debt service or to pay any other amounts required to be paid pursuant to the Indenture or the Bonds. Rather, debt service and any other amounts required to be paid pursuant to the Indenture or the Bonds, shall be payable solely from, and shall be secured solely by the 1996 Pledged Revenues, together with the 1996 Pledged Funds comprising the 1996 Trust Estate pledged to the Bonds, all as provided in the Bonds and in the Indenture. The opinions set forth below are expressly limited to, and we opine only with respect to, the laws of the State of Florida and the federal income tax laws of the United States of America. On the basis of our review, we are of the opinion that: 1. The District has been duly established and validly exists as a community development district under the Act. 2. The District has the right and power under the Act to authorize, execute and deliver the Indenture, and the Indenture has been duly and lawfully authorized, executed and delivered by the District, is in full force and effect and is valid and binding upon the District and enforceable in accordance with its terms. The Indenture creates the valid pledge which it purports to create of the 1996 Trust Estate, including the Series 1996 Assessments, in the manner and to the extent provided in the Indenture. 3. The Bonds-are the valid, binding, special obligations of the District, enforceable in accordance with their terms and with the terns of the Indenture and are entitled to the benefits of the Act as amended to the date hereof, and the Bonds have been duly and validly authorized and issued in accordance with law and the Indenture. 4. The Bonds and interest thereon are exempt from taxation under the laws of the State of Florida, except as to estate taxes and taxes imposed by Chapter 220, Florida Statutes, on interest, income or profits on debt obligations owned by corporations, as defined in said Chapter 220. S. Under existing statutes, regulations, rulings and court decisions, the interest on the Bonds (a) is excluded from gross income for federal income tax purposes and (b) is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations; however, it should be noted that with respect to certain corporations, such interest is taken into account in determining adjusted current earnings for the purpose of computing the alternative minimum tax imposed on such corporations. The opinion set forth in clause (a) above is subject to the condition that the Board comply with all requirements of the Internal Revenue Code 16G 16G io Board of Supervisors Naples Heritage Community Development District (Date of Closing] c,K of 19860 of' that must be satisfied subsequent to the issuance of the Bonds in order that -; interest thereon be (or continues to be) excluded from gross income for federal income tax purposes. Failure to comply with certain of such requirements could cause the interest on the Bonds to be so included in gross income retroactive to the date of issuance of the Bonds. The District has covenanted to comply with-all such requirements. Ownership of the Bonds may result in collateral federal tax consequences to certain taxpayers. We express no opinion regarding such federal tax consequences arising with respect to the Bonds. 4 The opinions expressed above as to enforceability may be limited by any applicable bankruptcy, insolvency, moratorium, reorganization or other similar laws affecting creditors' rights generally, or by the exercise of judicial discretion in accordance with general principles of equity. Except as may expressly be set forth in an opinion delivered by us to the underwriter of the Bonds on the date hereof (upon which only it may rely), (1) we have not been engaged or undertaken to review the accuracy, completeness or sufficiency of the Limited Offering Memorandum or other offering material relating to the Bonds and we express no opinion relating thereto, and (2) we have not been engaged or undertaken to review the compliance with laws of the State of Florida or the United States with regard to the sale or distribution of the Bonds and we express no opinion relating thereto. We have examined the f;, m. of the Bonds and, in our opinion, the form of the Bonds is regular and proper. Very truly yours, NABORS, GIBLIN & NICKERSON, p.A NN 1 r.� CONTINUING DISCLOSURE AGREEMENT Appendix D - 1 16G 16G . -� CONTINUING DISCLOSURE AGREEMENT THIS SERIES 1996 CONTINUING DISCLOSURE AGREEMENT ( "Agreement ") dated as of December 1, 1996, is executed and delivered by NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT (the "District ") and U.S. HOME CORPORATION (the "Developer ") in connection with the issuance of the District's Capital Improvement Revenue Bonds, Series 1996 (the "1996 Bonds "). WITNESSETH: WHEREAS, the District has entered into a Master Trust Indenture and a First Supplemental Trust Indenture each dated as of December 1, 1996 (collectively, the "Indenture ") with First Union National Bank of Florida, as trustee (the "Trustee ") in connection with the 1996 Bonds; and WHEREAS, the Disclosure Rule (hereinafter defined) imposes certain obligations on the Participating Underwriter (hereinafter defined); and WHEREAS, the District now desires to enter into this Agreement with respect to the Disclosure Rule; and WHEREAS, the Developer has agreed to enter into this Agreement to assist in the issuance of the 1996 Bonds; NOW, THEREFORE, in consideration of the mutual agreements and covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the District, and the Developer as to Section 6 hereof, each agree as follows: 1. Recitals; Definitions. The foregoing recitals are true and correct and incorporated herein by this reference. All capitalized terms not otherwise defined herein shall have the meaning ascribed thereto in the Indenture or Disclosure Rule, as applicable. "Annual Report" shall mean any Annual Report provided by the District pursuant to, and as described in, Sections 3 and 4 hereof. "Beneficial Owner" shall mean any person which: (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any 1996 Bonds (including persons holding 1996 Bonds through nominees, depositories or other intermediaries); or (b) is treated as the owner of any 1996 Bonds for federal income tax purposes. 16G "Business Day" shall mean a day other than a Saturday, Sunday or a day on which the New York Stock Exchange is closed. "Disclosure Rule" shall mean Rule 15c- 212(b)(5) promulgated by the Securities and Exchange Commission under the authority of the Securities Exchange Act of 1934, as the same may be amended or officially interpreted by the Securities and Exchange Commission from time to time. "Fiscal Year" shall mean the period commencing on October 1 and ending on September 30 of the next succeeding year, or such other period of time provided by applicable law. "Listed Events" shall mean any of the events listed in Section 5 hereof. "National Repository" shall mean any Nationally Recognized Municipal Securities Information Repository for purposes of the Disclosure Rule. Currently, the following are National Repositories: Bloomberg Municipal Repository, P.O. Box 840, Princeton, NJ 08542-0840,(609) 279 -3200, FAX (609) 279 -5962; Thomson NRMSIR, Attn: Municipal Disclosure, 395 Hudson Street, New York, NY 10014, (212) 807 -5001, FAX (212) 989 -2078; Disclosure, Ioc., Attn: Document Acquisitions/Municipal Securities, 5161 River Road, Bethesda, MD 20816, (301) 951 -1450, FAX (301) 718 -2329; Kenny Information Services, Inc., Attn: Kenny Repository Service, 65 Broadway, 16th Floor, New York, NY 10006, (212) 7704595, FAX (212) 797 -7994; Moody's NRMSIR, Public Finance Information Center, 99 Church Street, New York, NY 10007, (800) 339 -6306, FAX (212) 553 -1460; Donnely Financial, Municipal Securities Disclosure Archive, 559 Main Street, Hudson, MA 01749, (800) 580 -3670. According to a Securities and Exchange Commission press release dated June 26, 1995, a list of names and addresses of all designated Nationally Recognized Municipal Securities Information Repositories as of any point in time is available by calling the SEC's FAX On Demand Service at (202) 942 -8088 from a telecopier machine and requesting document number 0206. "Obligated Person(s)" shall mean, with respect to the 1996 Bonds, those person(s) who either generally or through an enterprise fund or account of such persons are committed by contract or other arrangement to support payment of all or a part of the obligations on such 1996 Bonds, which person(s) shall include the District, and who are identified as such herein. "Participating Underwriter" shall mean the original underwriter of the 1996 Bonds that is required to comply with the Disclosure Rule in connection with the offering of such 1996 Bonds. "Repository" shall mean each National Repository and each State Repository. 2 16G "State Repository" shall mean any public or private repository or entity designated by the State of Florida as a state repository for the purpose of the Disclosure Rule and recognized as such by the Securities and Exchange Commission. As of this date, no such designation has been made by the State of Florida. (a) The District shall provide an Annual Report consistent with the requirements of Section 4 below to each Repository and to the Participating Underwriter. The Annual Report will also be made available by the District to each Holder of 1996 Bonds. The Annual Report will be submitted as separate documents comprising a package, and may incorporate by reference other information as provided in Section 4 below; provided that the District's annual audited financial statements (the "Audit ") may be submitted separately from the balance of the Annual Report. If the District's Fiscal Year changes, the District shall give notice of such change in the same manner as for a Listed Event under Section S. (b) If the District is unable to provide to the Repositories an Annual Report (other than the Audit) by the date required in Section 4, the District shall send a notice to (i) each National Repository or the Municipal Securities Rulemaking Board, and (ii) the State Repository in substantially the form attached as EXbjhji_A, (c) The District shall: (i) determine each year prior to the date for providing the Annual Report the name and address of each National Repository and the State Repository, if any; and (ii) file a report with the Trustee certifying that the Annual Report has been provided pursuant to the requirements hereof, stating the date it was provided and listing each Repository to which it was provided, and send a copy of such report to the Bond Holders. 4. Contents of AnnU R,.n,,,,, The Annual Report shall contain or incorporate by reference the following: (a) no later than April 15, commencing April 15, 1997, the Audit for the immediately preceding Fiscal Year, prepared in accordance with generally accepted accounting principles applicable to operations of the District, as same may be modified from time to time by Florida statutory requirements and the governmental accounting standards promulgated by the Government Accounting Standards Board; and (b) an update of the following financial information and operating data: (i) by no later than May 1 of each year, commencing May 1, 1997, Account and Fund balances of the 1996 Trust Estate; (ii) by tto later than May 1 of each year, commencing May 1, 1997, assessed value of lands upon which the 1996 Assessments securing the 1996 Bonds are levied; provided, however, that the District may rely upon the records of the County Property Appraiser for such information; (iii) by no later than May 1 of each year, commencing May 1, 1997, the amount of 1996 Assessments certified by the District to the Tax :;Aft• Collector for the immediately preceding calendar year; (iv) by no later than May 1 of each year, commencing May 1, 1997, the amount of 1996 Assessments collected for the prior year; (v) by no later than May 1 of each year, commencing May 1, 1997, the amount of delinquent 1996 Assessments (Lr., number of single- family units /multi - family units/utility acres/golf acres and dollar amount); (vi) by August 1 of each year, commencing August 1, 1997, the dollar amount of tax certificates sold; (vii) by May l of each year, commencing May 1, 1997, debt service schedule for the remaining term of the 1996 Bonds. The District reserves the right to modify from time to time the specific types of information provided or the format of the presentation of such information, to the extent necessary or appropriate in the judgment of the District; provided, however, that the District agrees that any such modification will be accomplished in a manner consistent with the Disclosure Rule. Any or all of the foregoing items may be incorporated by specific reference to other documents, including Offering Statements of debt issues or audited financial statements (including the Audit) of the District or related public entities, which have previously been submitted to each Repository, the Municipal Securities Rulemaking Board or to the Securities and Exchange Commission. If the document incorporated by reference is a final Offering Statement, it must be available from the Municipal Securities Rulemaking Board. The District shall clearly identify each such other document so incorporated by reference. RENUM.M.", • Van (a) Pursuant to the provisions of this Section 5, the District shall give, or cause to be given, notice of the occurrence of any of the following Listed Events with respect to the 1996 Bonds, pursuant to subsection (b) below: (i) Delinquency in payment when due of principal or interest on the 1996 Bonds; 161 116 G (ii) Nonpayment related defaults; (iii) Modifying the rights of the Holders of the 1996 Bonds; (iv) Optional, contingent or unscheduled prepayment of the 1996 Bonds; (v) Defeasance of the 1996 Bonds or any portion thereof; (vi) Any change in any rating of the 1996 Bonds; (vii) Adverse tax opinions or events adversely affecting the tax- exempt status of the interest on the 1996 Bonds; (viii) . Any unscheduled draw on any reserve account for the 1996 Bonds reflecting financial difficulties; (ix) Any substitution of any credit or liquidity provider or their failure to perform; and (x) The release, substitution, or sale of any property securing repayment of the 1996 Bonds or any portion thereof; (b) The District shall file a notice of such occurrence with the Municipal Securities Rulemaking board or each National Repository and the State Repository, and send a copy thereof to the Trustee. Each such notice shall be captioned "Material Event Notice" and shall prominently state the date, title and CUSIP numbers of the 1996 Bonds to which it relates. Notwithstanding the foregoing, notice of the occurrence of a Listed Event described in clauses (iv) or (v) of subsection (a) above need not be given under this subsection any earlier than the notice (if any) of the underlying event is given to Holders of affected 1996 Bonds pursuant to the Indenture. 6. The Developer agrees to provide, or as long as the Developer or any related entity of the Developer or any successors or assigns to the Developer owns twenty -five percent (2S %) or more of the real property encumbered by the 1996 Assessments that secure the 1996 Bonds, to the District and the Bond Holders on a quarterly basis commencing April 30, 1997 and on each January 31, April 30, July 31 and October 31 thereafter while the Bonds are outstanding the following information. (a) For all benefitted and assessable land within the District benefitted by the 1996 Project: Single - Family Lots • Estimation of total number of lots expected to be included within`the District upon full build -out r� S • Number of lots sold (closed to persons or entities in the business of 1 6 U building or developing homes (hereinafter referred to as "Builders ") • Number of lots under contract to Builders (sold but not closed) • Number of lots sold (closed) to persons or entities that are not Builders (hereinafter referred as "Non- Builders ") • Number of lots under contract to Non - Builders • Number of homes (whether or not occupied) which are substantially complete (hereinafter referred to as "Completed Homes ") • Number of Completed Homes occupied by Non - Builders (b) Materially adverse changes or determinations to permits/approvals for the Development which necessitate changes to the Developer's land -use plans. (c) Updated plan of finance (", status of any credit enhancement, issuance of additional bonds to complete project, draw on credit line of developer, etc.) 7. Termination of RepQrtina Obligations. Subject to the provisions of Section 6 hereof, the obligations of the District and Developer hereunder shall terminate upon the legal defeasance, prior prepayment or payment in full of all Outstanding 1996 Bonds. 8. Dissemination Agent. The District may, from time to time, appoint or engage a dissemination agent to assist it in carrying out its obligations hereunder (the "Dissemination Agent ") and may discharge any such Dissemination Agent with or without appointing a successor Dissemination Agent. The Dissemination Agent shall not be responsible in any manner for the content of any notice or report prepared by the District pursuant to this Agreement. 9. Obligated Persons. The Obligated Person with respect to the 1996 Bonds shall be the District. 14. No Event of Default. Notwithstanding any other provision in the Indenture to the contrary, failure of the District to comply with the provisions of this Agreement shall not be considered an Event of Default under the Indenture; provided, however, that any Holder or Beneficial Owner may take such actions as may be necessary and appropriate, including pursuing an action for mandamus or specific performance, as applicable, by court order, to cause the District to comply with its obligations hereunder. 11. Amendment: waiver. Notwithstanding any other provision hereof, the District and the Dissemination Agent may amend the provisions of this Agreement and any provision of this Agreement may be waived provided that the following conditions are satisfied: The amendment or waiver either: (i) is approved by the Holders of a majority of the outstanding 1996 Bonds; or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the Holders or Beneficial Owners of the 1996 Bonds. 6 16G Notwithstanding the above provisions of this Section 11, no amendment to the provisions of Section 6 hereof may be made without the consent of the Developer. In the event of any amendment or waiver of a provision of this Agreement, the District shall describe such amendment in the next Annual Report, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiver and its impact on the type (or, in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the District. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements: (i) notice of such change shall be given in the same manner as for a Listed Event under Section 5(b); and (ii) the Annual Report for the year in which the change is made should present a comparison (in narrative form and also, if feasible, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. 12. Additional Information. Nothing herein shall be deemed to prevent the District from disseminating any other information, using the means of dissemination set forth in this Agreement or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Agreement. If the District chooses to include any information in an Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Agreement, the District shall have no obligation to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. 13. Duties. Immunities a_nd l,iabfflties of Dissemination Agent. The Dissemination Agent shall have only such duties as are specifically set forth in this Agreement and the District indemnifies and saves harmless the Dissemination Agent, its officers, directors, employees and agents, from and against any loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attomey fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent's negligence or willful misconduct. The obligations of the District under this section shall survive resignation or removal of the Dissemination Agent and payment of the 1996 Bonds. 14. P amose of this Agreement. This Agreement constitutes the written undertaking for the benefit of the Holders and Beneficial Owners of the 1996 Bonds required by Section (b)(5)(i) of the Disclosure Rule. 15. Beneficiaries. The covenants contained herein shall inure solely to the benefit of the District, the Developer as to Section 6 hereof, the Dissemination Agent, the Participating Underwriters and the Holders and Beneficial Owners from time to time of the 1996 Bonds and shall create no rights in any other person or entity. 16. Govcming Law. This Agreement shall be governed by the laws of the State of Florida and Federal law and venue shall be in Collier County, Florida. 7 16G IN WITNESS WHEREOF, the undersigned has executed this Agreement as of the date and year set forth above. 0 elrA:- 'Y NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT ATTEST: Secretary By: Chairman, Board of Supervisors (SEAL) U.S. HOME CORPORATION, a Delaware corporation By: _1 v 8 Sf.`� EXHIBIT A i NOTICE OF FAILURE TO FILE ANNUAL REPORT Y: Name of Issuer: Naples Heritage Community Development District f, Name of Bond Issue: Capital Improvement Revenue Bonds, Series 1996 (the "1996 Bonds ") Date of Issuance: NOTICE IS HEREBY GIVEN that the District has not provided an Annual Report with respect to the above -named Bonds as required by Section of the Indenture authorizing the issuance of the 1996 Bonds and Sections 3 and 4(b) of the Continuing Disclosure Agreement dated as of December 1, 1996. The District anticipates that the Annual Report will be filed by Dated: a NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT By: Name: Title: 16Gga V. 16G APPENDIXI SPECIAL ASSESSMENT METHODOLOGY Appendix E - 1 4• Y. NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT Preliminary Special Assessment Methodology Fishkind & Associates, Inc. 12424 Research Parkway Orlando, Florida 32826 November 25,1996 16G I f. �x r�1x r TABLE OF CONTENTS Peoe Number Background 1 Construction Costs 2 Proposed Financing Structure : 2 Payment of Debt Service 2 Determination of Special Assessments' 3 Purpose of the Improvements 3 Planned Residential Land Use 3 Allocation of Special Assessments - Roadway Related 4 Allocation of Special Assessments - Drainage 5 Allocation of Special Assessments - Water and Sewer 5 . Calculation of the Principal Allocation Per Residential Unit Type 6 True -Up Methodology 7 Special Benefits and General Benefits 6 Special Benefits Exceed the Costs Allocated to Pay for Them g Preliminary Special Assessment Tax Roll g UST OF TABLES Table Paoe Number 1. Preliminary Acreages 1 2. Estimated Construction Costs 2 3. Distribution of Construction Costs 3 4. Planned Residential Units 3 5. Allocation of Principal Amount - Series 1996 Bonds 4 6. Roadway Related Assessments - Series 1996 Bonds 5 i. Drainage Assessments - Series 1996 Bonds 5 S. Water and Sewer Assessments - Series 1996 Bonds 6 9. Principal Allocation Per Residential Unit Type - Series 1996 Bonds 6 16 G �l NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT 16G Assessment Methodology Background The Naples Heritage Community Development District ('Districtl was established In October, 1996, and Is located within Collier County, Florida ('County "). The District consists of, and will serve residents living within, approximately 557 acres of the Naples Heritage Master Planned Unit Development. it is intended that the District shall consist primarily of residential development which may include single family, duplex and multi - family units. The project developer of the District is U.S. Home ('Developer'). The District plans to provide the following services for its citizens: 1. Water management and control systems 2. District roads 3. Water and wastewater systems 4. Recreational facilities 5. Other infrastructure for projects approved by the County or required In a development order or pursuant to an inter -local agreement. It is anticipated that the wafer management and control systems will be owned, operated and maintained by the District. The District roads will also be owned, operated and maintained by the District. Capital funding for the water and sewer systems will be provided by the District, but the ownership, operation and maintenance of these systems will be provided by the County. The recreational faciilues, consisting mainly of the golf course and clubhouse, will be privately owned. Preliminary land use acreages within the District are as follows: TABLE 1. PRELIMINARY ACREAGES Land Use Acreaae Residential 74.71 Parks, Preserves and Lakes 356.69 Roads and Rights -Of -Way 36.74 Golf Course and Clubhouse HM Total 557.00 Of the above acreages, only the residential acreage (74.71 acres) will be subject to District special assessments, because only residential properties will receive benefits of District facilities and improvements funded by the District's Series 1996 Bonds. 16b Construction Costs The Qr)acted time table for the construction of the District Infrastructum is approximately two yeas N' .. (1998 through 1997). Construction costs for the above detailed District Infrastructure are estimated at approximately $13,193,000. This cost approximation includes construction contingencies, but does not Include financing costs. TABLE 2. ESTIMATED CONSTRUCTION COSTS Protect Cateoory Sc4;i1 Master Earthwork $4,853,000 Paving and Streetlighting 1,780,000 Master Drainage and Lake Maintenance 1,178,000 Water Distribution and Sewer Collection 2,804,000 Parks and Security 965,000 Engineering and Miscellaneous Costs 913,000 Construction Contingencies 700.000 Total $13,193,000 Proposed Financing Structure Funding for the construction of the District Infrastructure is to be provided primarily by the District's Issuance of its Series 1996 tax exempt bonds. It Is anticipated that the'bond financing structure wilt consist of one series of tax exempt bonds, the Naples Heritage Community Development District Special Assessment Revenue Bonds, Series 1996 ('Series 1998 Bondsj and the funds resulting from the sale of the Series 1996 Bonds will be sufficient to finance (1) the estimated cost of construction, (2) seventeen (17) months of capitalized Interest, (3) a debt service reserve, and (4) miscellaneous bond Issuance costs. Payment Of Debt Service In general, the Series 1996 Bonds issued by the District will provide the funding for the District Infrastructure, the payment of which can be supported by special assessments on all assessable land within the District. The debt service on the Series 1998 Bonds is expected to be paid at the time of lot or home closings. - As units or homes are sold, and ownership is transferred to individual landowners, that portion of the special assessments that is represented by the sold units or homes may be paid off. This will include an amount representing the principal portion of the Series 1996 Bonds that the sold parcels are responsible for, in addition to any interest that has accrued. In any period In which assessments on certain parcels are due, and the Series 1996 assessments have not been paid when due, then whoever owns such parcels will be responsible for payment of the Series 1996 assessments then due. 2 v 16G Determination of Special Assessments The special assessments for the payment of the above - mentioned Bonds are determined by an assessment methodology which is governed by Chapter 170 of the Florida Statutes and may be levied •only on benefited real property at a rate of assessment based on the special benefit accruing to such property* Ultimately, the assessment methodology provides for the measurement of benefit on a per unit basis and is dependent on both the purpose of the Improvements (roadway related, drainage, or water and sewed, and the planned residential Ignd use of each lot (single family, duplex, or multi- family). Purpose of the Improvements Since, in part, the measurement of benefit Involves to what purpose construction moneys are spent, It is necessary to determine what each purpose's proportionate share of the construction money Is. The following table illustrates this exercise: TABLE 3. DISTRIBUTION OF CONSTRUCTION COSTS Prolect Cateoory Master Earth Work Paving and Streetlighting Master Drainage and Lake Maintenance Water Distribution and Sewer Collection Parks and Security Engineering and Miscellaneous Costs Construction Contingencies Total $5,065,833 $4,463,833 $3,663,333 $13,193,000 Planned Residential Land Use Initially. there is no development within the District and all the land lies unimproved. Until there Is a plattbV of the land within the District, It is impossible to know with certainty what the ultimate land use on any particular parcel will be. Thus, in this initial state, all of the land within the District benefits equally from all of the improvements which may be provided. As a result, the total debt is, at first, best allocated to the lands within the District on an acreage basis. As land is platted and its ultimate reskfentiat land use is known p.e., single family, duplex, or multi - family), a specific amount of debt can be allocated to the specific subdivision based upon the residential characteristics of the specific land use. At the present time, the Developer's plan for the District with regard to the number and type of residential product Is as follows: TABLE 4. PLANNED RESIDENTIAL UNiTS Snits Single Family 101 Duplex 140 Multi- Family Total 799 KD Water and Roads prainsoe Sewer 1411 $2,426,500 $2,426,500 $0 $4,853,000 1,780,000 0 0 1,780,000 0 1,178,000 0 1,178,000 0 0 2,804,000 2,804,000 321,667 321,667 321,667 965,000 304,333' 304,333 304,333 913,000 233.33,3 2333.E3,333 700.000 $5,065,833 $4,463,833 $3,663,333 $13,193,000 Planned Residential Land Use Initially. there is no development within the District and all the land lies unimproved. Until there Is a plattbV of the land within the District, It is impossible to know with certainty what the ultimate land use on any particular parcel will be. Thus, in this initial state, all of the land within the District benefits equally from all of the improvements which may be provided. As a result, the total debt is, at first, best allocated to the lands within the District on an acreage basis. As land is platted and its ultimate reskfentiat land use is known p.e., single family, duplex, or multi - family), a specific amount of debt can be allocated to the specific subdivision based upon the residential characteristics of the specific land use. At the present time, the Developer's plan for the District with regard to the number and type of residential product Is as follows: TABLE 4. PLANNED RESIDENTIAL UNiTS Snits Single Family 101 Duplex 140 Multi- Family Total 799 KD 1 bG Once a plat is made, the first step.in determining special benefits provided by the District's Improvement program is to identify the particular land use or uses in the plat. Second, as mentioned previously, we have divided the special benefits which flow from the District's improvement program Into three parts: (1) roadway related, (2) drainage, and (3) water and sewer (see Table 3 above). Having established the distribution of construction costs among the three improvement purposes (again Table 3 above), It is logical then, on the same basis, to be able to divide the payment of the principal portions of the Series 1996 Bonds among the same three improvement purposes. This, in effect. constitutes the Gen on the land that benefits from the construction of the improvements funded by the Series 1996 Bonds. The following table illustrates this: TABLE 5. ALLOCATION OF PRINCIPAL AMOUNT - Series 1996 Bonds Estimated Principal Amount of Series 1996 Bonds $16,425,000 Percentage of Principal Attributable to Roadway Related Improvements 38.40 %. Percentage of Principal Attributable. to Drainage Improvements 33.83% Percentage of Principal Attributable to Water and Sewer Improvements 27.77 %. Principal Amount Attributable to Roadway Related Improvements $8.306,853 Principal Amount Attributable to Drainage Improvements $5,557,376 Principal Amount Attributable to Water and Sewer Improvements $4.560.771 Total $16,425,000 Allocation of Special Assessments - Roadway Related Every type of residential property has a particular rate of trip generation. Trip generation peculiar to each type of property results in access, egress and ingress. Since the design of the community's roadway improvement program funded by the District is based upon accommodating the trips generated by the development of the types of residential product within the District, it makes sense to allocate the costs of these improvements on the basis of trip generation. The special benefits received by District property from the District's roadway Improvement program is ascertained by the capacity of the roadway system to accommodate trips from each piece of property within the District. The result is the ascertainable special benefits of added use and enjoyment and increased value peculiar to the type of property. This enhancement is a judicially recognized special benefit to the property. Based on the above premise, and using standards promulgated by the 1991 Institute of Traffic Engineers Manual, daily trip ratios are established for the different types of residential product. Utilizing these daily trip ratios, and the number of presently planned residential units, we can effectively divide up that portion of the Series 1996 Bond principal responsibility that is roadway related among the various types of residential units. 16G TABLE 6. ROADWAY RELATED ASSESSMENTS - Series 1996 Bonds Principal Amount Attributable to Roadway Related Improvements: - Series 1996 Bonds $6,306,853 Percentae of Residential Planned Daily Average Total Average Road Principal ,.� Daily TriP6 Dally Tf s I Allocation Single Family 101 0.96 96.46 18.32% Duplex 140 0.96 $1,029,004 133.70 22.62% Multi - Family AU 0.65 361.03 1,426,342 jtR% 3.851.507 Total 799 591.18 100.00% $6,306,853 Allocation of Special Assessments - Drainage With regard to the allocation of .special assessments derived from benefits resulting from drainage Improvements funded by the Series 1996 Bonds, the measurement of benefit is somewhat less defined than the ascertaining of roadway related benefits. The amount of impervious area necessary to service the different types of residential facilities (i.e., driveways and parking areas) obviously should be a consideration, as well as the number of residential units that share the use of those impervious areas. With this in mind, some reasonable estimate can be made with regard to the drainae rati residential unit. Table 7 below describes the allocation of drainage princip g ratios per al based on these ratios: Reasonable estimates regarding water and sewer ratios can also be made in connection with the allocation of special assessments derived from water and sewer benefits funded by the Series 1996 Bonds. Since in this Instance, we are Interested only in the daily average use of water by the differing types of residential product, it Is Gear that single family and duplexes probably use about the same daily amount, based on the assumption that the size of families and the concomitant use of water is about the same, whereas multi - family units are usually occupied by households smaller In number and therefore the daily use of water is somewhat less for a multi - family unit as compared to a single family or duplex unit. The following Table 8 depicts these ratios and their effect on the division of bond principal responsibility., TABLE 7. DRAINAGE ASSESSMENTS - Series 1996 Bonds Principal Amount Attributable to Drainage Related Improvements: $5,557,376 Residential Planned DraRetl ge Drainage 5-0112 Percentage of Total Drainage SL1It► >; Drainage Principal Allocation Single Family Duplex Multi- Family 101 1.00 101.00 140 0.80 112.00 AU 0.50 279.00 20.53% 22.76°% 56.71 % $1,140,843 1,265,094 3.151,438 Total 799 492.00 100.00°% $5,557,376 Allocation of Special Assessments -Water and Sewer Reasonable estimates regarding water and sewer ratios can also be made in connection with the allocation of special assessments derived from water and sewer benefits funded by the Series 1996 Bonds. Since in this Instance, we are Interested only in the daily average use of water by the differing types of residential product, it Is Gear that single family and duplexes probably use about the same daily amount, based on the assumption that the size of families and the concomitant use of water is about the same, whereas multi - family units are usually occupied by households smaller In number and therefore the daily use of water is somewhat less for a multi - family unit as compared to a single family or duplex unit. The following Table 8 depicts these ratios and their effect on the division of bond principal responsibility., 16G TABLE 3. WATER AND SEWER ASSESSMENTS - Series 1996 Bonds Principal Amount Attributable to Water and Sewer Improvements: $4,560,771 Water Water Percentage of Residential Planned and Sewer and Sewer Total Water and Water and Sewer Principal Land Use U121: Ratios UGM Sewer Units Allocation Single Family 101 1.00 101.00 15.99% $729,319 Duplex 140 1.00 140.00 22.17% Multi- Family 0.70 390.60 1,010,937 ,5 61.84% 2.820.515 Total 799 631.60 100.00% $4,560,771 Calculation or the Principal Allocation Per Residential Unit Type The final step In determining each' residential unit's responsibility with reg$rd to the payment of the Series 1996 Bond principal Is a fairly simple procedure whereby the three separate allocations e principal responsibility for roadway related, drainage, and water and sewer benefits are added together and then divided by the total planned units of each type. Table 9 below is an illustration of this procedure: TABLE 9. PRINCIPAL ALLOCATION PER RESIDENTIAL UNIT TYPE- Series 1996 Bonds Total Principal Residential Planned Water and Principal Allocation Land Use SdIIb Roadways Dreinaae Sewer Allocation P_4x,� Ti =. Single Family 101 $1,029,003.83 $1,140,843.46 $729,318.98 $2,899,166.25 $28,704.62 Duplex 140 1,426,341.94 1,285,093.74 1,010,937.18 3,702,372.86 $26,445.32 Multi - Family = 3.851.507.30 3.151.438.87 2.820.514.72 9.823.480.89 $17,604.77 Total 799 $8,308,853.07 $5,557,376.07 $4,580,770.88 $16,425,000.00 As mentioned previously, when parcels are sold, whatever Interest has accrued would be due, In addition to the principal allocation per sold units being paid down. If the total number of planned units within the District changes, or if the Initial residential product mix Is subsequently changed, assessments for future units will be adjusted accordingly, utilizing the following true -up methodology. 6 ., Z 16G True -Up Methodology The calculation of the portion of the principal amount of the Series 1996 Bonds and the dollar amount of the assessments allocated to individual residential units is based on an expected number and type of residential unit. At the present time, the total number of all residential units anticipated to be developed within the District and benefited by the project -wide Infrastructure Is 799 ('Total Unitsj. Of the Total Units, present development plans include 101 single family units duplex units ('Total Duplex UnitsJ, and 558 multi -famll units (lTotal Single Family Units, order to Insure sufficient revenue from the special assessments 1s received from the subsequent platting of the benefited parcels into individual residential lots, the District shall perform the following analysis as set forth herein. From time to time, the District shall determine (1) the sum of (a) the Single Family Units which have been platted ('Platted Single Family Units) and (b) the remaining Single Family Units to be platted ('Remaining Single Family Units), (2) the sum of (c) the Duplex Units which have been platted ('Platted Duplex Units? and (d) the remaining Duplex Units to be platted ('Remaining Duplex Units, and (3) the sum of (e) the Multi- Family Units which have been platted ('Platted Multi - Family Unitsl and (f) the remaining Multi- Family Units to be platted ('Remaining Multi - Family Units "). If, based on the Principal Allocation Per Unit Type as delineated In the above Table 9, the aggregate revenue resulting from the above sums ('Total Revenuel is equal to or greater than the total special assessment obligation ("Total Obligation] of the District's Series 1996 Bonds, then no action is required at that time. The number of Remaining Single Family Units, the number of Remaining Duplex Units, and the number of Remaining Multi - Family Units (1) shall be provided by the Developer to the District at the time of presentation of the plat to the District for this reallocation, (2) shall be a good faith estimate of the Developer's then - current plan for development, and (3) shall be consistent with the then - existing zoning requirements for the District. The Developer agrees to present each plat govemed by this process to the District prior to or simultaneously with the submittal of the plat to the County. However, If the Total Revenue is less than the Total Obligation, the Developer will be obligated to immediately deposit, to the Trustee, for deposit Into the redemption account purs applicable interest. uant to the Trust Indenture. the difference between the Total Obligation and the Total Revenue, plus In the event that additional land within the District, not currently subject to the assessments as fit from the described herein, becomes developable in such a manner as to receive special bene District Improvements being funded by the Series 1996 Bonds, It Is contemplated that the Assessment Methodology will be reapplied to include such additional land. The additional land (and any accompanying residential development also receiving special benefit from District improvements being funded by the Series 1996 Bonds) will, as a result of reapplying the Assessment Methodology, then be allocated an appropriate share of the special assessments while all currently assessed Remaining Single Family Units, Remaining Duplex Units and Remaining Multi - Family UNis will receive a relative reduction in their respective assessments. The process described In the above paragraphs is known as the True -Up Methodology. 7 16G •1 The foregoing Is based on the District's understanding with the Developer that it is presently Intended that 799 residential units will be platted and is Intended to provide a formula to ensure that the Total Revenue is equal to or greater than the Total Obligation of the District's Series 1996 Bonds, If less residential units are platted, or if the Initial residential product mix Is changed. However, nothing prohibits more than the total projected residential units from being platted. In no event shall the District collect special assessments pledged to the Series 1996 Bonds in excess of the total debt service related to the District improvements (including all costs of financing) funded by the Series 1996 Bonds. The District recognizes that such things as regulatory requirements and market conditions may affect the timing and scope of the development in the District. if the strict application of the True -Up Methodology to any assessment reallocation for any plat pursuant to this paragraph would result in assessments collected In excess of the District's total debt service obligation for the Series 19913 Bonds, the District agrees it shall, by resolution, take appropriate action to equitably reallocate the assessments. Special Benefits and General Benefits Improvements undertaken by the District create special benefits, different in nature and degree, for properties within Its borders, as well as general benefits to the public at large. However, as discussed below, these general benefits are incidental In nature and are readily distinguishable from the special benefits which accrue to property within the District. The infrastructure program of the District enables properties within Its boundaries to be developed. Without the District's program there would be no Infrastructure to support development of land in the District. Without these Improvements development of property in the District would be prohibited by law. There 13 no doubt that the general public, and property owners outside the District, wilt benefit from the provision of District Infrastructure. However, these are incidental to the District's Infrastructure program which is designed solely to meet the needs of property within the District. Properties outside the District do not depend upon the District's Improvement program to obtain, or to maintain, their development entitlements. This fact alone clearly distinguishes the special benefits which District properties receive compared to those lying outside of the District's boundaries. Special Benefits Exceed the Costs Allocated to Pay for Them In the case of Naples Heritage the value of the special benefits provided by the District's improvement Program is far greater than the costs associated with providing these same benefits. The District's underwriter has estimated that the Series 1997 bonds will total $16,425,000. This compares favorably to the estimated total sell out value of the lands within the District of over $30,000,000. It is the 1319trict's improvement program which makes it possible to develop and sell the land within its boundaries. This also supports the assertion that 100° of the developable land In the District benefits from the District's Improvement program. ti w Y'> Mp 'F. s Y 3 i ENGINEER'S REPORT FOR THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT PREPARED FOR: BOARD OF SUPERVISORS NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT ENGINEERS: McANLY ENGINEERING AND DESIGN, INC. 5101 EAST TAMIAMI TRAIL SUITE 202 NAPLES, FLORIDA 34113 FINANCIAL ADVISOR: FISHKIND AND ASSOCIATES 2424 RESEARCH PARKWAY SUITE 275 ORLANDO, FLORIDA 32826 NOVEMBER 1996 16G so a 16 ^1 TABLE OF CONTENTS SECTI ON PAGE NO, 1. INTRODUCTION 3 2. DISTRICT BOUNDARIES AND PROPERTIES SERVED 5 3. PROPOSED DISTRICT INFRASTRUCTURE 8 ., 4. OPINION OF PROBABLE CONSTRUCTION COSTS 11 5. PERMITS 13 TABLES s' TABLE 1 SUMMARY OF OPINION OF PROBABLE COSTS FOR THE 12 it DISTRICT INFRASTRUCTURE TABLE 2 LAND USE SUMMARY 3 EXHIBITS EXHIBIT A PUD ZONING AND CURRENT CONSTRUCTION WITHIN 7 DISTRICT BOUNDARIES AND PROPERTIES SERVED APPENDIX SUPPLEMENTAL ENGINEER'S REPORT PHASE ONE 14 r. E ■ 2 IO.I �jyW�.�K NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT ENGINEER'S REPORT r s -1 1 3 o TABLE 2 3 16G 1.1 Description of Naples Heritage Community Development District The community development served by the Community Development District is located in Collier County, Florida lying within Sections 3, 4, 9 & 10, Township SO South, Range 26 East and more precisely being South of Davis Boulevard and East of County Road 951. The development has entrances on both Davis Boulevard and County Road 951. The Davis Boulevard entrance was designed to align with the proposed Islesworth Community. The completed subdivision will contain a maximum 799 dwelling units. The project has a mixture of single and two family units, two- story and four -story condominium units, a complete 18 -hole golf course with aqua driving range, clubhouse facility, satellite recreation facilities, lakelwater management system and conservation areas. The PUD was approved by the Board of Collier County commissioners on December 12, 1995. The PUD Master Plan was approved as the Subdivision Master Plan per the PUD Ordinance 95 -74. The Board of Collier County approved the establishment of the Naples Heritage Community Development District on September 24, 1996 and its boundaries are coterminous with those of the development. The community will be developed in two phases. Construction of Phase One improvements began in February 1996 and consists of infrastructure to serve 431 residential units. Construction of Phase Two is anticipated to start in January 1997. r s -1 1 3 o TABLE 2 3 16G 1, r� 1 a a 2 J t 16G 1.2 Purpose and Scope of the Report The, purpose of this report is to provide a description of the Naples Heritage ,kil;tornmunity Development District, the capital improvements to be constructed and financed by the district and an apportionment of the costs for the capital improvements, and their operation and maintenance. The financing and assessment methodology will developed by the District's financial advisor. :i 4 .a. :1 • 2. DTSTRTCT BOUNDARTES AND PROPERTIES SERVED 2.1 District Boundaries Exhibit "A" delineates the proposed boundaries of the District. The District is surrounded by agricultural, residential, undeveloped, preserve and public land uses including State Road 84 to the Northwest and County Road 951 to the East; Naples National Golf Club and agricultural lands to the South and East; undeveloped ~� residential and agricultural lands to the North; agricultural and public golf driving range to the West; and undeveloped residential to the South. 2.2 Description of Properties Served The District is located in Section 3, 4, 9 and 10, Township 50 South, Range 26 East, Collier County, Florida. The District boundaries are under ownership by US Home Corporation and Clyde Quinby, Trustee. The existing land within the District consists of wetlands and forested open space. The terrain is flat with elevations ranging from 9 to I 1 feet NGVD. Ground water is generally at or above natural ground to one foot below natural ground during the wet season. The dry season water table may drop up to 5 feet. �I J 1 �J The entire property within the District is zoned 'Planned Unit Development" (PUD) and is depicted on Exhibit "A ". 2.3 Existing Infrastructure The District is located within the Collier County Water -Sewer District which provides water, wastewater and irrigation services to the community. The Collier County Board of County Commissioners serves as Ex- Officio governing board of the Collier County Water -Sewer District. Potable water for the community will be provided by connection to and extension of existing Collier County Water -Sewer District water mains. There is an existing 16" main located in the State Road 84 right -of -way and an existing 20" main located in the County Road 951 right -of -way. The potable water is provided by the Collier County Regional Water Plant. Wastewater from the community will be collected within the site and pumped via force mains and pumping stations to the master pump station located in the easterly portion of the site. This master pump station then pumps via a 10" force to an existing 12" force main located in the County Road 951 right -of -way to the South County Regional Wastewater Treatment Facility. 16G1 { `1 6 16G Irrigation water service will be provided by the Collier County Water -Sewer District when reclaimed water becomes available from the South County Regional Wastewater } ' Treatment Facility. Effluent mains have not been extended to the community at this > time. When said mains are extended, the irrigation lake will serve as an effluent storage pond. On -site pumping and storage facilities will supplement the effluent 3 system. c The District is located within the Lely Canal Drainage Basin with the receiving body being the Lely Canal. This system then discharges to coastal basins to the south of `.: ,. t US 41. The District is adjacent to two major arterial roadways. State Road 84 to the northwest and County Road 951 to the east. The District will have .. a major connection at each of these arterials. The District is located within the franchise areas of Florida Power and Light and Sprint United Telephone of Florida. Cable service is available from Continental Cablevision. These utilities are expected to provide electrical power, telephone service and cable television to the District. All utilities are available to the property or will be during the development of the infrastructure. :! f 1 { `1 6 16G r., 1 i 1 s R' ^' 1 t 1 _I t t r. 16G .1 15, gmmary of the proposed District infrastructure The District infrastructure will generally consist of the following: • Roadways • Utilities • Earthwork • Water Management • Parks and Security • Wetland Mitigation • Professional Services • Miscellaneous Costs 3.2 Roadways The roadways within the District will consist of two -lane undivided and 4 -lane divided sections. the roadways will provide access to the various land uses within the District and will connect to the existing public roadways which border the District. The roadways will be constructed with platted rights -of -ways or access easements. Presently there are four miles of roadway proposed for construction. The roadways will constructed of stabilized subgrade, limerock base, asphalt paving, curbing and gutter, sidewalks, signage and striping. The roadways will also include landscaping and streetlighting. The street lighting will be provided and installed by Florida Power and Light. The landscaping will be addressed in a subsequent section. The roadways will be designed and constructed in accordance with appropriate Collier County Subdivision and PUD Standards. 3.3 Utilities The utilities within the District will consist of potable water, wastewater collection/transmission and irrigation systems which will be designed and constructed in accordance with, the appropriate Collier County Water -Sewer District and Florida Department of Environmental Protection standards. It is anticipated the potable water and wastewater collection/transmission systems will be conveyed by the District to the Collier County Water -Sewer District for ownership, operation and maintenance after completion of construction. The potable water facilities will consist of 8" and 10" distribution mains with all required valves, fire hydrants and water services to individual lots and development tracts. Connections to the existing Collier County system will be located at State 7 Road 84 to the west and County Road 951 to the east. There will be approximately 22,000 linear feet of water main constructed. The wastewater facilities will consist of gravity collection mains with individual lot and development tract services flowing to five on -site pumping stations, force mains connecting these station to the on -site master pumping station and a force main to connect to the existing Collier County system located in the County Road 951 right- of -way adjacent to the east property line of the community. It is estimated that 16,000 linear feet of gravity collection system and 10,000 feet of force main. The irrigation system will consist of an irrigation lake with recharge wells and pump stations to recharge the irrigation lake from the on -site water management lakes, an irrigation pumping station and irrigation distribution mains with services for lots, development parcels, roadways, landscaped areas and golf course playing areas and amenities. The irrigation lake will become a reclaimed water storage facility when Collier County can provide reclaimed water to the community. Presently a 10" reclaimed water main is installed from the State Road 84 entrance to the irrigation lake. This main will connect to the County system when that system has been extended to the community. Approximately 30,000 linear feet of irrigation main will be constructed. 3.4 Earthwork and Clearing Stormwater management, irrigation and park amenity lakes within the District will be excavated and the material will be used for fill of roadways, golf course construction and development tracts. It is necessary to fill these components to provide minimum finished elevations for typical storm events and flood protection. Also due to unsuitable material located at the substrata of the community, rock burial zones have been utilized where possible in the community to generate suitable fill for the community. The lakes will be excavated in accordance with the size and depth requirements of the Collier County Land Development Code and South Florida Water Management District. Approximately 74 acres of lakes will be excavated resulting in approximately 1.5 million cubic yards of material. All material will remain on -site for construction of proposed infrastructure. 3.5 Storm water Management The District stormwater management system consists of excavated stormwater management lakes, drainage pipes, catch basins, swales, berms and water control structures. Stormwater runoff' from within the District will be collected and con eyed to the stormwater management lakes for water quality treatment and quantity storage. The stormwater will discharge from the six water control structures to spreader swales 16G I ;I 16G which discharge to overland flow through the conservation areas to the south and west. t j ,a; stormwater management will be designed and constructed in accordance with south Florida Water Management District standards for water quality treatment, j quantity storage and flood protection. I 3.6 Parks and Security Landscaping will be provided in park areas, roadways, perimeter monument walls and District entrances. Landscaping will consist of sod, annual flowers, shrubs, ground cover, littoral plantings in lakes and trees. Existing vegetation will be utilized where possible. Security for the district will be provided with a manned guardhouse at the State Road 84 entrance, electric gatehouse at the County Road 951 entrance, entrance walls and berms located along adjacent public rights -of -way and fencing along the southerly perimeter of the community. These facilities will be landscaped to blend into the community and its environment. +i 3.7 Wetland Mitigation The wetland mitigation within the District will consist of the construction and planting of aquatic littoral zones in the stormwater management lakes, removal of exotic plant species from the preserve areas and restoration and enhancement of the wetland hydroperiods within the wetland preserves and wildlife management areas. 3.8 Professional Services °. The professional services for design and construction of all components within the District consist of engineering of walls and structures for security, roadways, utilities, j soils investigation and testing, landscape design, environmental consultation and 1 construction services for inspection of infrastructure during construction. 3.9 Miscellaneous Costs These costs include permitting fees for construction of required District infrastructure, bonding for these facilities, construction inspection services and formation of the District. 9 Y 1 1 WE, • we "a on scAi 1996 GOLF COURSE AND PHASE ONE WRASTRUCTURE COMPLETED AS OF OCTOBER 1996 PHASE TWO INFRASTRUCTURE TO BE COMPLETED NOVEMBER 1996 TO DECEMBER 1997 16G EXHIBIT "A" WANLY ENGINEERING I 'E"SKM °ATE AND DESIGN INC. � 1�AP1E3�WWAGL MF & QDUVW CUIB � "'DWAK AN &I** 19CVK "� p PROJECT MAP s1« tro.m. OAK rLo " >)RIC Txt2 wr►Et naw aa ! ug R T M; t n R tm � NOD T»11 7 f ons ru be) 6 -ow *, O�ILs QR.6. OK.s QR.C. TM1Q /0/!fM OOrYRi6�1. 19% BY Ww&r LMCNCERNG AND 0[51 K MC. ALL IYCnK IItYRKD Dsr. nLr: 040c 0 9t[i: 1 Of t �:, v 10 i 1 i jI t: a 1 1 4. OPINTON_OF PRO_ BABLE CONSTRUCTION COSTS An opinion of probable costs in 1996 dollars for the District infrastructure is represented in Table 1. The District will be financing the proposed infrastructure. The total includes a 10% contingency for the entire costs of District infirastructure. All costs are represented in 1996 dollars. The professional fees consist of land surveying and engineering of infrastructure, environmental permitting, landscape design, miscellaneous structural engineering, soils investigation and testing, and engineering construction services that are necessary for the design, permitting and services during construction of the District infrastructure. The miscellaneous costs consist of permitting fees, bonding, construction engineering inspection services and Community Development District formation that are necessary during construction of District infrastructure.. The costs do not include the legal, administrative, financing, operation or maintenance services necessary to finance, construct and operate the District infrastructure. It is my professional opinion that these costs are reasonable for the quality of work performed. 11 16G IBS! SUMMARY OF THE OPINION OF PROBABLE COST FOR NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT INFRASTRUCTURE ROADWAY t 1,104 COST On thousands of dollars) $ 676 $ 1,780 UTILITIES S 2,102 $ 702 $ 2,804 EARTHWORK $ 4,853 $ 0 $ 4,853 WATER MANAGEMENT $ 598 $ 67 $ 665 PARKS AND SECURITY $ 790 $ 175 $ 965 WETLAND MITIGATION $ 513 $ 0 $ 513 PROFESSIONAL FEES $ 418 $ 143 $ 561 MISCELLANEOUS 3 283 $ 69 $ 352 CONTIGENCY $ $ 550 11,2111 $ $ 150 1982 S 700 $ 13,193 Nate: Thsss amounts we rWem tad In 1996 doNm, 12 16G I f ' 4 16G S. Permits Permits for construction are required prior to the commencement of infrastructure 1 improvements. These permits include the following: ' . Local zoning approval. • • Army Corps of Engineers Dredge and Fill Permit. • South Florida Water Management District Surface Water and Water Use Permit. • Environmental Protection Agency NPDES. ' • Local Development orders by Collier County • Florida Department of Environmental Protection Water and Wastewater Construction i Permits. All approvals and permits have been obtained for the golf course construction and Phase One infrastructure. The Phase Two Construction plans are presently in for review with Collier County and will be approved in November 1996. All necessary permits for construction of Phase Two will be obtained in December 1996. The District Engineer will certify that all permits necessary to complete Phase I have either been obtained or, in his professional opinion, will be obtained and that there is no reason to believe that the necessary permits cannot be obtained for the entire development. 1 G v- 13 i i t i 7 I l 1 1 1 ENGINEER'S REPORT FOR THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT PHASE ONE PREPARED FOR: BOARD OF SUPERVISORS NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT ENGINEERS: McANLY ENGINEERING AND DESIGN, INC. 5101 EAST TAMIAMI TRAIL SUITE 202 NAPLES, FLORIDA 34113 FINANCIAL ADVISOR: FISHKIND AND ASSOCIATES 2424 RESEARCH PARKWAY SUITE 275 ORLANDO, FLORIDA 32826 NOVEMBER 1996 16GI I. INTRODUCTION This report supplements the original District Engineer's report for the Naples Heritage Community Development District by providing a description of the Phase One improvements. The original Engineer's Report includes a description and opinion of costs for the infrastructure necessary to complete the entire Naples Heritage community. the following supplemental report describes the infrastructure and opinion of costs necessary to complete Phase One of the project. 2. THE PARSE ONE PROJECT 2.1 The location of Phase One is shown on Exhibit "A ". k The infrastructure construction within Phase One began in February 1996. Phase One is decried in the original Engineer's Report and will be funded by the District through a bond anticipation note. Phase One will generally consist of the following: • Roadway • Utilities Earthwork t • Water Management • Parks and Security • Wetland Mitigation • Professional Fees • Miscellaneous Costs A detailed description of contents of each infrastructure category is attached in this report. k� 2.2 The location of the Phase One improvements is shown by the shaded areas on 1 Exhibit A. This represents the extent of the work completed as of October 1996. The unshaded area represents the extent of the community development infrastructure to be completed between January 1997 and December 1997. _t The Early Work Authorization for the construction of the golf course and water management system was approved on February 2, 1996. Construction commenced immediately and these improvements are 98% complete. Naples Heritage Golf & i Country Club Phase One was approved for construction April 15, 1996. A Construction commenced immediately and the status of construction of these improvements is as follows: underground utilities are 95% complete, roadway and right -of -way improvements are 50% complete. Completion and acceptance of these facilities will be conveyed in two phases. Phase One -A will consist of approximately �,� 15 r� f , i F t � 1 I A, It 16G 50% of the project and is scheduled to be completed and conveyed to the applicable ` governments (County or District) by mid - November. Phase One -B will be completed and conveyed to the same approximately mid - December. 4 Engineering and design of Naples Heritage Golf & Country Club Phase Two is complete and awaiting Collier County Engineering Review Services approval. Proposed approval date is mid- November. Construction is proposed to commence January 1997. 2.3 OPINION OF COSTS An opinion of costs in 1996 dollars for the Phase One project is given in Table 1. j The figures are based on actual contract amounts with the infrastructure contractors for the work presently completed. The total cost for the entire project is $20,210,636. The Community Development District funded portion of this total is $13,193,000, which represents 65% of the total cost. The Phase One project is S 11,211,000 which represents 55% of the entire �t project and 85% of the District Improvements. It is my professional opinion that these costs are reasonable for the quality of work .i performed. 2.4 Permits Permits for construction are required prior to the commencement of infrastructure improvements. These permits include the following: - Local zoning approval. ' Army Corps of Engineers Dredge and Fill Permit. • South Florida Water Management District Surface Water and Water Use Permit. 1 Environmental Protection Agency NPDES. • Local Development orders by Collier County • Florida Department of Environmental Protection Water and Wastewater Construction Permits. All approvals and permits have been obtained for the golf course construction and Phase One infrastructure. ' The District Engineer will certify that all permits necessary to complete Phase One have either been obtained or, in his expert opinion, will be obtained and that there is no reason to believe that the necessary permits cannot be obtained for the entire development. ! 16 K Y r.7777. i 16G TABLE 1 •'IMARY OF THE OPINION OF PROBABLE COST FOR HERITAGE COMMUNITY DEVELOPMENT DISTRICT PHASE ONE t 1 A "T • INFE:, URE ROAu we COST (in thousands of dollars) $ 1,104 UTILITIES $ 2,102 EARTHWORK $ 4,853 WATER MANAGEMENT $ 598 PARKS AP-!D SECURITY WETII�tIl !,AITIGATION $ 790 $ 513 PROF ESS10NAL FEES $ 418 MISCELLANEOUS S 283 CONTIGENCY S 550 11,211 Ndrr. Thew amounts we reprewted M 1996 dopes. 17 N A, r ! ! - �, 0 t N , - '— - b t TABLE OF CONTENTS 1 6 G Tik Nge Number ac ground 1 ,r ..,Construction Costs 2 J 2 Proposed Financing Structure ► Payment of Debt Service 2 Determination of Special Assessments 3 Purpose of the Improvements 3 Planned Residential Land Use 3 Allocation of Special Assessments - Roadway Related 4 ' Allocation of Special Assessments - Drainage Related 5 Allocation of Special Assessments - Water and Sewer Related 5 Calculation of the Principal Allocation Per Residential Unit Type 6 True -Up Methodology 7 ' Special Benefits and General Benefits 8 Special Benefits Exceed the Costs Allocated to Pay for Them 8 r ` Final Special Assessment Tax Roll 9 LIST OF TABLES Table P�gP Number 1. Preliminary Acreages 1 *f 2. Estimated Construction Costs 2 ,ail 3. Distribution of Construction Costs 3 4. Planned Residential Units 3 AW 5. Allocation of Principal Amount - Series 1996 Bonds 4 ,F 6. Roadway Related Assessments - Series 1996 Bonds 5 a 7. Drainage Related Assessments - Series 1996 Bonds 5 8. Water and Sewer Related Assessments - Series 1996 Bonds 6 t .# 9. Principal Allocation Per Residential Unit Type - Series 1996 Bonds 6 T t y , r. NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT 6 G Assessment Methodology Background The Naples Heritage Community Development District ( "District's was established in October, 1996, and is located within Collier County, Florida ( "County "). The District consists of, and will serve residents lMng t within, approximately 557 acres of the Naples Heritage Master Planned Unit Development. It is intended that the District shall consist primarily of residential development which may include single family, duplex and multi - family units. The project developer of the District is U.S. Home ( "Developer"). The District plans to provide the following services for its citizens: 1. Water management and control systems 2. District roads 3. Water and wastewater systems (includes irrigation water) 4. Parks, recreational facilities and security 5. Other infrastructure for projects approved by the County or required in a development order or pursuant,to an inter -local agreement. It is anticipated that the water management and control systems, roads, security and irrigation system will be owned, operated and maintained by the District, or operated and maintained by the development's property owners' association. Capital funding for the water and sewer systems will be provided by the District, but the ownership, operation and maintenance of these systems will be provided by the County. The recreational facilities, consisting mainly of the golf course and clubhouse, will be privately owned. Preliminary land use acreages within the District are as follows: TABLE 1. PRELIMINARY ACREAGES Land Use A .r .an " Residential 77.08 Parks, Preserves and Lakes 353.82 Roads and Rights -Of -Way 37.24 Golf Course and Clubhouse Dam Total 557.00 Of the above acreages, only the residential acreage (77.08 acres) will be subject to District Special assessments, because only residential properties will receive benefits of District facilities and Improvements funded by the District's Series 1996 Bonds. 1 1 a .i IProposed Financing Structure Funding for the construction of the District infrastructure is to be provided primarily by the District's Issuance of its Series 1996 tax exempt bonds. It is anticipated that the bond financing structure will consist of one series of tax exempt bonds, the Naples Heritage Community Development District Capital Improvement Revenue Bonds, Series 1996 ( "Series 1996 Bonds`) and the funds resulting from the sale of the Series 1996 Bonds will be sufficient to finance (1) the estimated cost of construction, (2) seventeen (17) months of capitalized interest, (3) a debt service reserve, and (4) miscellaneous bond Issuance costs. Payment Of Debt Service In general, the Series 1996 Bonds issued by the District will provide the funding for the District Infrastructure, the payment of which can be supported by special assessments on all assessable land r within the Distrir,. The debt service on the Series 1996 Bonds is expected to be paid at the time of lot or home closings. As units or homes are sold, and ownefship is transferred to individual landowners, that portion of the special -- assessments that is represented by the sold units or homes may be paid off. This will include an amount representing the principal portion of the Series 1996 Bonds that the sold parcels are responsible for, in addition to any interest that has accrued. In any period In which assessments on certain parcels are due, and the Series 1996 assessments have not been paid when due, then whoever owns such parcels will be responsible for payment i of the Series 1996 assessments then due. d 2 Construction Costs 7 The projected time table for the construction of the District infrastructure is approximately two years (1996 through 1997). Construction costs for the above detailed District infrastructure are estimated at approximately $13,193,000. This cost approximation includes construction contingencies, but does not include financing costs. TABLE 2. ESTIMATED CONSTRUCTION COSTS Proiect Cateaory Sc4�2 Master Earthwork $4,853,000 Paving and Streellighting 1,780,000 Master Drainage and Lake Maintenance 1,178,000 Water Distribution and Sewer Collection 2,804,000 Parks and Security 965,000 Engineering and MiscellanQous Costs 913,000 Construction Contingencies 700.000 Total $13,193,000 IProposed Financing Structure Funding for the construction of the District infrastructure is to be provided primarily by the District's Issuance of its Series 1996 tax exempt bonds. It is anticipated that the bond financing structure will consist of one series of tax exempt bonds, the Naples Heritage Community Development District Capital Improvement Revenue Bonds, Series 1996 ( "Series 1996 Bonds`) and the funds resulting from the sale of the Series 1996 Bonds will be sufficient to finance (1) the estimated cost of construction, (2) seventeen (17) months of capitalized interest, (3) a debt service reserve, and (4) miscellaneous bond Issuance costs. Payment Of Debt Service In general, the Series 1996 Bonds issued by the District will provide the funding for the District Infrastructure, the payment of which can be supported by special assessments on all assessable land r within the Distrir,. The debt service on the Series 1996 Bonds is expected to be paid at the time of lot or home closings. As units or homes are sold, and ownefship is transferred to individual landowners, that portion of the special -- assessments that is represented by the sold units or homes may be paid off. This will include an amount representing the principal portion of the Series 1996 Bonds that the sold parcels are responsible for, in addition to any interest that has accrued. In any period In which assessments on certain parcels are due, and the Series 1996 assessments have not been paid when due, then whoever owns such parcels will be responsible for payment i of the Series 1996 assessments then due. d 2 t Determination of Special Assessments The special assessments for the payment of the above - mentioned Bonds are determined by an assessment methodology which is govemed by Chapter 170 of the Florida Statutes and may be levied 'only on benefited real property at a rate of assessment based on the special benefit accruing to such property.' Ultimately, the assessment methodology provides for the identification and determination of special and' peculiar benefit on a per unit basis and in part is dependent on both the purpose of the improvements ' (roadway related, drainage related, or water and sewer related), and the planned residential land use of each lot (single family, duplex, or multi - family). Purpose of the Improvements Since, in part, the measurement of benefit involves to what purpose construction moneys are spent, it is necessary to determine what each purpose's proportionate share of the construction money is. The following table illustrates this exercise: Initially, there is no development within the District and all the land lies unimproved. Until there is a platting of the land within the District, it is impossible to know with certainty what the ultimate land use on any particular parcel will be. Thus, in this initial state, all of the land within the District benefits equally from all of the improvements which may be provided. As a result, the total debt is, at first, best allocated to the lands within the District on an acreage basis. As land is platted and its ultimate residential land use is known (i.e., single family, duplex, or mufti- family), a specific amount of debt can be allocated to the specific subdivision based upon the residential characteristics of the specific land use. Similarly, identified and determined special benefits to the parcels of property can be made. Al the present time, the Developer's plan for the District with regard to the number and type of residential product is as follows: TABLE 4. PLANNED RESIDENTIAL UNITS Single Family 101 Duplex 140 Multi - Family 52 Total 799 1 16G TABLE 3. DISTRIBUTION OF CONSTRUCTION COSTS Water and Proiect Galen= RQadg DrainaoV, 2t= law Master Earth Work $2,426,500 $2,426,500 $0 $4,853,000 Paving and Streetlighting Master Drainage and Lake Maintenance 1,780,000 0 0 1,178,000 0 1,780,000 0 1,178,000 Water Distribution and Sewer Coliection 0 0 2,804,000 2,804,000 Parks and Security 321,667 321,667 321,667 965,000 Engineering and Miscellaneous Costs 304,333 304,333 304,333 913,000 Construction Contingencies 233,333 233,333 AM= 700.000 Total $5,065,833 $4,463,833 $3,663,333 $13,193,000 Planned Residential Land Use Initially, there is no development within the District and all the land lies unimproved. Until there is a platting of the land within the District, it is impossible to know with certainty what the ultimate land use on any particular parcel will be. Thus, in this initial state, all of the land within the District benefits equally from all of the improvements which may be provided. As a result, the total debt is, at first, best allocated to the lands within the District on an acreage basis. As land is platted and its ultimate residential land use is known (i.e., single family, duplex, or mufti- family), a specific amount of debt can be allocated to the specific subdivision based upon the residential characteristics of the specific land use. Similarly, identified and determined special benefits to the parcels of property can be made. Al the present time, the Developer's plan for the District with regard to the number and type of residential product is as follows: TABLE 4. PLANNED RESIDENTIAL UNITS Single Family 101 Duplex 140 Multi - Family 52 Total 799 1 16G Once a plat is made, the first step in determining special benefits provided by lhb District's improvement program Is to identify the particular land use or uses In the plat. Second, as mentioned previously, we 7 G have divided the special benefits which flow from the District's improvement program into three parts: (1) 1 roadway related, (2) drainage related, and (3) water and sewer related (see Table 3 above). Having established the distribution of construction costs among the three improvement purposes (again Table 3 above), it is logical then, on the same basis, to be able to divide the payment of the principal portions of the Series 1996 Bonds among the same three improvement purposes. This, in effect, constitutes the lien on the land that benefits from the construction of the improvements funded by the Series 1996 Bonds. The following table illustrates this: TABLE 5. ALLOCATION OF PRINCIPAL AMOUNT- Series 1996 Bonds Principal Amount of Series 1996 Bonds $16,430,000 Percentage of Principal Attributable to Roadway Related Improvements 38.40% ` Percentage of Principal Attributable to Drainage Improvements 33.83% Percentage of Principal Attributable to Water and Sewer Improvements 27.77% Principal Amount Attributable to Roadway Related Improvements $6,308,773 Principal Amount Attributable to Drainage Improvements $5,559,068 Principal Amount Attributable to Water and Sewer Improvements $4.562.159 Total $16,430,000 Allocation of Special Assessments - Roadway Related The special benefits peculiar to the property related to the provision of roadway systems, facilities, and services, will accrue from the construction of two -lane undivided roadways and four -lane divided section roadways. The roadways will provide access to the various land uses within the District and will connect to the existing public roadways which border the District. The roadways will be constructed with platted rights -of -ways or access easements. Every type of residential property has a particular rate of trip generation. Trip generation peculiar to each type of property results in access, egress and ingress. Since the design of the community's roadway improvement program funded by the District is based upon accommodating the trips generated by the development of the types of residential product within the District, it makes sense to allocate the costs of these improvements on the basis of trip generation. The special benefits received by District property from the District's roadway improvement program are ascertained in part by the capacity of the roadway _ system to accommodate trips from each piece of property within the District. The result is the ascertainable special benefits of added use and enjoyment and Increased value peculiar to the type of property. This enhancement is a judicially recognized special benefit to the property. Based on the above premise, and using standards promulgated by the 1991 Institute of Traffic Engineers Manual, daily trip ratios are established for the different types of residential product. Utilizing these daily trip ratios, and the number of presently planned residential units, we can effectively divide up that portion of the Series 1996 Bond principal responsibility that is roadway related among the various types of residential units. 1 i f 4 TABLE 6. ROADWAY RELATED ASSESSMENTS - Series 1996 Bonds Principal Amount Attributable to Roadway Related Improvements: $6,308,773 I Percentage of Residential Planned Daily Average Total Average Road Principal Land Use !!ails Trip Ratio Daily Trips Daily IriA.s Allocation Single Family 101 0.96 96.46 16.32% $1,029,317 i Duplex 140 0.96 133.70 22.620/c 1,426,776 + Multi- Family 5$ 0.65 361.03 61.07% 3,852,680 Total 799 591.18 100.00% $6,308,773 Allocation of Special Assessments - Drainage Related The .construction of the water management and control (drainage) systems, facilities and services wig provide collection and conveyance of stormwater runoff from within the District to the stormwater management lakes. The fill from the excavation of the stormwater lakes will be utilized in the construction of roadways and other components of the District. It is necessary to fill these components to provide minimum finished elevations for typical storm events and flood protection. The special benefits peculiar to the property which flow from the provision of the above drainage services are the use and enjoyment by residents of the District of their properties and the special amenities provided to them by the creation and existence of the stormwater lakes. With regard to the allocation of special assessments derived from benefits resulting from drainage improvements funded by the Series 1996 Bonds, the determination of benefit is somewhat less defined than the ascertaining of roadway related benefits. The amount of impervious area necessary to service the different types of residential facilities (i.e., driveways and parking areas) obviously should be a consideration, as well as the number of residential units that share the use of those impervious areas. With this in mind, some reasonable estimate can be made with regard to the drainage ratios per residential unit. Table 7 below describes the allocation of drainage principal based on these ratios: TABLE 7. DRAINAGE ASSESSMENTS - Series 1996 Bonds Principal Amount Attributable•to Drainage Related Improvements: $5,559,068 Percentage of Drainage Residential Planned Drainage Drainage Total Drainage Principal land is . _Ull Bada� Una hails Allocation Single Family 101 1.00 101.00 20.53% $1,141,191 Duplex 140 0.80 112.00 22.76% 1,265,479 Multi - Family 55a 0.50 2.79.00 56.71% 3.152398 Total 799 492.00 100.00% $5,559,068 Allocation of Special Assessments - Water and Sewer Related The utilities to be constructed within the District and the special benefits deriving from the construction of such utilities to be provided to the properties within the District will consist of potable water, wastewater collection/transmission and irrigation systems which will be designed and constructed in accordance with t the appropriate Collier County Water -Sewer District and Florida Department of Environmental Protection 1 standards. The potable water facilities will consist of distribution mains with all required valves, fire hydrants and water services to individual lots and development tracts and will connect to the existing Collier County system. The wastewater facilities will consist of gravity collection mains with individual lot 16G and development tract services flowing to five on -site pumping stations and force mains connecting these 't stations to the on -site master pumping station with a force main to connect to the existing Colter County water -sewer system. The irrigation system will consist of an irrigation lake with recharge welts and pump stations to recharge the irrigation lake from the on -site water management lakes, an irrigation pumping station and irrigation distribution mains with services for lots, development parcels, roadways, and landscaped areas. It is anticipated that the irrigation lake will become a reclaimed water storage facility when Collier County can provide reclaimed water to the community. s Specific benefits to be enjoyed by the residents of the District because of the construction of the above j utilities include the daily use of the potable water and wastewater systems and the eventual use of reclaimed water to enhance landscaping needs. 1 F I Reasonable estimates regarding water and sewer ratios can also be made in connection with the allocation of special assessments derived from water and sewer benefits funded by the Series 1996 Bonds. Since in this instance, we are interested only in the daily average use of water by the differing types of residential product, it is clear that single family and duplexes probably use about the same daily amount, based on the assumption that the size of families and the concomitant use of water is about the same, whereas multi - family units are usually occupied by households smaller in number and therefore the daily use of water is somewhat less for a multi - family unit as compared to a single family or duplex unit. The following Table 8 depicts these ratios and their effect on the division of bond principal responsibility. TABLE 8. WATER AND SEWER ASSESSMENTS - Series 1996 Bonds Principal Amount Attributable to Water and Sewer Improvements: $4,562,159 a t J w Water Water Percentage of Water and Planned . and Sewer and Sewer Total Water and Sewer Principal D-La Ratios Unila Sewer nits Allocation 101 1.00 101.00 15.99% $729,541 140 1.00 140.00 22.17% 1,011,245 52 0.70 390.60 61,64% 2.821,373 799 631.60 100.00% $4,562,159 Calculation of the Principal Allocation Per Residential Unit Type The final step in determining each residential unit's responsibility with regard to the payment of the Series 1996 Bond principal is a fairly simple procedure whereby •the three separate allocations of principal responsibility for roadway related, drainage related, and water and sewer related benefits are added together and then divided by the total planned units of each type. Table 9 below is an illustration of this procedure: TABLE 9. PRINCIPAL ALLOCATION PER RESIDENTIAL UNIT TYPE- Series 1996 Bonds Total Principal Residential Planned Water and Principal Allocation Land Use Units Roadways Drainaae Sewer' Allocation EU V11lt Tvoe Single Family 101 $1,029,317.07 $1,141,190.75 $729,540.98 $2,900,048.80 $28,713.35 Duplex 140 1,426,776.14 1,265,478.85 1,011,244.92 3,703,499.91 $26,453.57 Multi - Family 22 3.852.679.75 3.152.398.21 2.821.373.33 9.826.451.29 $17,610.13 Total 799 $6,308,772.96 $5,559,067.81 $4,562,159.23 $16,430,000.00 0 16G Residential i and Use Single Family Duplex Multi - Family Total a t J w Water Water Percentage of Water and Planned . and Sewer and Sewer Total Water and Sewer Principal D-La Ratios Unila Sewer nits Allocation 101 1.00 101.00 15.99% $729,541 140 1.00 140.00 22.17% 1,011,245 52 0.70 390.60 61,64% 2.821,373 799 631.60 100.00% $4,562,159 Calculation of the Principal Allocation Per Residential Unit Type The final step in determining each residential unit's responsibility with regard to the payment of the Series 1996 Bond principal is a fairly simple procedure whereby •the three separate allocations of principal responsibility for roadway related, drainage related, and water and sewer related benefits are added together and then divided by the total planned units of each type. Table 9 below is an illustration of this procedure: TABLE 9. PRINCIPAL ALLOCATION PER RESIDENTIAL UNIT TYPE- Series 1996 Bonds Total Principal Residential Planned Water and Principal Allocation Land Use Units Roadways Drainaae Sewer' Allocation EU V11lt Tvoe Single Family 101 $1,029,317.07 $1,141,190.75 $729,540.98 $2,900,048.80 $28,713.35 Duplex 140 1,426,776.14 1,265,478.85 1,011,244.92 3,703,499.91 $26,453.57 Multi - Family 22 3.852.679.75 3.152.398.21 2.821.373.33 9.826.451.29 $17,610.13 Total 799 $6,308,772.96 $5,559,067.81 $4,562,159.23 $16,430,000.00 0 16G •r` t As mentioned previously, when parcels are sold, whatever interest has accrued would be due, in addition -� to the principal allocation per sold units being paid down. r If the total number of planned units within the District changes, or if the initial residential product mix is subsequently changed, assessments for future units will be adjusted accordingly, utilizing the following true -up methodology. True -Up Methodology The calculation of the portion of the principal amount of the Series 1996 Bonds and the dollar amount of the assessments allocated to individual residential units is based on an expected number and type of residential unit. At the present time, the total number of all residential units anticipated to be developed within the District and benefited by the project -wide infrastructure is 799 ('Total Units "). Of the Total Units, present development plans include 101 single family units ("Total Single Family Units"), 140 duplex units ("Total Duplex Units "), and 558 multi- family units ( Total Multi - Family Units "). In order to insure sufficient revenue from the special assessments is received from the subsequent platting of the benefited parcels into individual residential lots, the District shall perform the following analysis as set forih herein. From lime to time, the District shall determine (1) the sum of (a) the Single Family Units which have been platted ( "Platted Single Family Units ") and (b) the remaining Single Family Units to be platted ( "Remaining Single Family Units "), (2) the sum of (c) the Duplex Units which have been platted ( "Platted Duplex Units ") and (d) the remaining Duplex Units to be platted ( "Remaining Duplex Units "), and (3) the sum of (e) the Multi - Family Units which have been platted ( "Platted Multi- Family Units ") and (1) the remaining Multi - Family Units to be platted ( "Remaining Mufti - Family Units "). If, based on the Principal Allocation Per Unit Type as delineated in the above Table 9, the aggregate revenue resulting from the above sums ("Total Revenue) is equal to or greater than the total special assessment obligation ( Total Obligation ") of the District's Series 1996 Bonds, then no action is required at that time. The number of Remaining Single Family Units, the number of Remaining Duplex Units, and the number of Remaining Mufti- Family Units (1) shall be provided by the Developer to the District at the time of presentation of the plat to the District for this reallocation, (2) shall be a good faith estimate of the Developers then - current plan for development, and (3) shall be consistent with the then - existing zoning requirements for the District. The Developer agrees to present each plat governed by this process to the District prior to or simultaneously with the submittal of the plat to the County. However, if the Total Revenue is less than the Total Obligation, the Developer will be obligated to immediately deposit, to the Trustee, for deposit into the redemption account pursuant to the Trust Indenture, the difference between the Total Obligation and the Total Revenue, plus applicable interest. f In the event that additional land within the District, not currently subject to the assessments as described herein, becomes developable in such a manner as to receive special benefit from the District improvements being funded by the Series 1996 Bonds, it is contemplated that the Assessment Methodology will be reapplied to include such additional land. The additional land (and any accompanying residential development also receiving special benefit from District improvements being funded by the Series 1996 Bonds) will, as a result of reapplying the Assessment Methodology, then be allocated an appropriate share of the special assessments while all currently assessed Remaining Single Family Units, Remaining Duplex Units and Remaining Multi - Family Units will receive a relative reduction in their respective assessments. The process described in the above paragraphs is known as the True -Up Methodology. " a 16G The foregoing is based on the District's understanding,with the Developer that it is presently intended that -? 799 residential units will be platted and is intended to provide a formula to ensure that the Total Revenue 6 G is equal to or greater than the Total Obligation of the District's Series 1996 Bonds, if less residential units are platted, or if the initial residential product mix is changed. However, nothing prohibits more than the total projected residential units from being platted. In no event shall the District levy and arrange for the collection of special assessments pledged to the Series 1996 Bonds in excess of the total debt service related to the District improvements (including all costs of financing) funded by the Series 1996 Bonds. The District recognizes that such things as regulatory requirements and market conditions may affect the timing and scope of the development in the District. If the strict application of the True -Up Methodology to any assessment reallocation for any plat pursuant to this paragraph would result in assessments collected in excess of the District's total debt service obligation for the Series 1996 Bonds, the District agrees it shall, by resolution, take appropriate action to equitably reallocate the assessments. Special Benefits and General Benefits Improvements undertaken by the District create special benefits, different in nature and degree, for properties within hs borders, as welt as general benefits to the public at large. However, as discussed below, these general benefits are incidental in nature and are readily distinguishable from the special benefits which accrue to property within the District. The infrastructure program of the District enables properties within its boundaries to be developed. Without the District's program there would be no infrastructure to support development of land in the District. Without these improvements development of property in the District would be prohibited by law. There is no doubt that the general public, and property owners outside the District, will benefit from the provision of District infrastructure. However, these are incidental to the District's infrastructure program which is designed solely to meet the needs of properly within the District. Properties outside the District do not depend upon the District's improvement program to obtain, or to maintain, their development entitlements. This fact alone clearly distinguishes the special benefits which District properties receive Icompared to those lying outside of the District's boundaries. A I A u Special Benefits Exceed the Costs Allocated to Pay for Them In the case of the District, the value of the special benefits provided by the District's improvement program is far greater than the costs associated with providing these same benefits. The District's underwriter has estimated that the Series 1996 Bonds will total $16,430,000. This compares favorably to the estimated total sell out value of the'lands within the District of over $30,000,000. It is the District's improvement program which makes it possible to develop and sell the land within its boundaries. This also supports the assertion that 100% of the developable residential land in the District benefits from the District's improvement program. 16G Final Special Assessment Tax Roll All assessable tax parcels that are part of the District will be allocated assessments based on the above ethodology. The following table allocates the principal of the District's Series 1996 Bond issue to the tax parcels presently an the County's tax roll. i Tax Water and Idutification No. Acres Roads Drainage ewe Total 6185000026/0 2.87 $234,901.12 $206,986.57 $169,867.63 $611,755.32 6185000032/5 0.85 69,570.02 61,302.64 50,309.23 181,181.89 6185000038/3 0.80 65,477.66 57,696.60 47,349.86 170,524.13 6185000046/4 0.02 1,636.94 1,442.42 1,183.75 4,263.10 6185000048/0 0.02 1,636.94 1,442.42 1,183.75 4,263.10 6,185000050/3 0.02 1,636.94 1,442.42 1,183.75 4,263.10 6185000052/9 0.04 3,273.88 2,884.83 2,367.49 8,526.21 6185000054/5 0.04 3,273.88 2,884.83 2,367.49 8,526.21 6185000056/1 0.02 1,636.94 1,442.42 1,183.75 4,263.10 6185000136/6 2.73 223,442.53 196,889.66 161,581.40 581,913.60 6185000162/5 2.70 220,987.12 194,726.04 159,805.79 575,518.94 6185000178/0 2.10 171,878.87 151,453.59 124,293.39 447,625.84 6185000184/5 0.02 1,636.94 1,442.42 1,183,75 4,263.10 618500018611 0.02 1,636.94 1,442.42 1,183.75 4,263.10 61135000188[7 0.02 1,636.94 1,442.42 1,183.75 4,263.10 61135000190/0 0.02 1,636.94 1,442.42 1,183.75 4,263.10 6185000192/6 0.02 1,636.94 1,442.42 1,183.75 4,263.10 6185000492/3 24.14 1,975,788.52 1,740,995.03 1,428,782.09 5,145,565.65 6185000504/5 2.07 169,423.46 149,289.96 122,517.77 441,231.19 618500051618 2.33 190,703.70 168,041.36 137,906.47 496,651.53 6185000653/6 12.00 982,164.97 865,449.06 710,247.93 2,557,861.96 6185000736/0 0.26 21,280.24 18,751.40 15,388.71 55,420.34 618.5000738/6 0.26 21,280.24 18,751.40 15,388.71 55,420.34 6185000740/9 0.26 21,280.24 18,751.40 15,388.71 55,420.34 - 6185000742/5 0.26 21,280.24 18,751.40 15,388.71 55,420.34 6185000744/1 6185000746/7 0.26 0.26 21,280.24 21,280.24 18,751.40 15,388.71 55,420.34 18,751.40 15,388.71 55,420.34 6185000748/3 0.27 22,098.71 19,472.60 15,980.58 57,551.89 6185000750/6 6185000752/2 0.27 0.27 22,098.71 19,472.60 15,980.58 57,551.89 22,098.71 19,472.60 15,980.58 57,551.89 6185000754/8 0.27 22,098.71 19,472.60 15,980.58 57,551.89 6185000756/4 0.27 22,098.71 19,472.60 15,980.58 57,551.89 _ 6185000758/0 0.26 21,280.24 18,751.40 15,388.71 55,420.34 6185000760/3 0.27 22,098.71 19,472.60 15,980.58 57,551.89 6185000762/9 0.27 22,098.71 19,472.60 15,980.58 57,551.89 6185000764/5 0.26 21,280.24 18,751.40 15,388.71 '55,420.34 I 9 j 16G Tax Water and Idgntlficatlon No. Acres Roads Drams Sewer Total 6185000766/1 0.30 $24,554.12 $21,636.23 $17,756.20 $63,946.55 6185000768/7 0.26 21,280.24 18,751.40 15,388.71 55,420.34 6185000770/0 0.26 21,280.24 18,751.40 15,388.71 55,420.34 - 618500077216 0.26 21,280.24 18,751.40 15,388.71 55,420.34 618500077412 0.26 21,280.24 18,751.40 15,388.71 55,420.34 a 6185000776/8 0.26 21,280.24 18,751.40 15,388.71 55,420.34 6185000778/4 0.26 21,280.24 18,751.40 15,388.71 55,420.34 _ 618500078017 0.26 21,280.24 18,751.40 15,388.71 55,420.34 6185000782/3 0.27 22,098.71 19,472.60 15,980.58 57,551.89 6185000784/9 0.28 22,917.18 20,193.81 16,572.45 59,683.45 618500078615 0.28 22,917.18 20,193.81 16,572.45 59,683.45 6185000788/1 0.28 22,917.18 20,193.81 16,572.45 59,683.45 6185000790/4 0.26 21,280.24 18,751.40 15,388.71 55,420.34 618500079210 6185000794/6 0.26 0.26 21,280.24 21,280.24 18,751.40 18,751.40 15,388.71 15,388.71 55,420.34 55,420.34 6185000796/2 0.26 21,280.24 18,751.40 15,388.71 55,420.34 6185000798/8 0.27 22,098.71 19,472.60 15,980.58 57,551.89 6'185000800110 0.27 22,098.71 19,472.60 15,980.58 57,551.89 6'185000802/6 0.27 22,098.71 19,472.60 15,980.58 57,551.89 6'185000804/2 0.26 21,280.24 18,751.40 15,388.71 55,420.34 6'185000806/8 0.26 21,280.24 18,751.40 15;388.71 55,420.34 6185000808/4 0.26 21,280.24 18,751.40 15,388.71 55,420.34 6185000810/7 0.26 21,280.24 18,751.40 15,388.71 55,420.34 .6185000812/3 0.26 21,280.24 18,751.40 15,388.71 55,420.34 6185000814/9 0.26 21,280.24 18,751.40 15,388.71 55,420.34 6185000816/5 0.28 22,917.18 20,193.81 16,572.45 59,683.45 6185000818/1 0.28 22,917.18 20,193.81 16,572.45 59,683.45 6185000820/4 0.27 22,098.71 19,472.60 15,980.58 57,551.89 6185000822/0 0.26 21,280.24 18,751.40 15,388.71 55,420.34 6185000824/6 0.26 21,280.24 18,751.40 15,388.71 55,420.34 6185000826/2 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000828/8 0.16 13,095.53 11,539.32 9,469.97 34,104.83 - 61'85000830/1 0.16 13,095.53 11,539.32 9,469.97 34,104.83 618500083217 0.16 13,095.53 11,539.32 9,469.97 34,104.83 61:5000834/3 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000836/9 0.17 13,914.00 12,260.53 10,061.85 36,236.38 61135000838/5 61135000840/8 0.16 0.16 13,095.53 13,095.53 11,539.32 11,539.32 9,469.97 9,469.97 34,104.83 34,104.83 6185000842/4 0.19 15,550.95 13,702.94 11,245.59 40,499.48 61135000844/0 0.20 16,369.42 14,424.15 11,837.47 42,631.03 61135000846/6 0.19 15,550.95 13,702.94 11,245.59 40,499.48 61135000848/2 0.19 15,550.95 13,702.94 11,245.59 40,499.48 6165000850/5 0.19 15,550.95 13,702.94 11,245.59 40,499.48 618500085211 0.20 16,369.42 14,424.15 11,837.47 •42,631.03 6185000854/7 0.19 15,550.95 13,702.94 11,245.59 40,499.48 10 3 Tax Wintlfication No. Acres Roads 9 1 I 1 a z 1 16G Water and Dralna4e Sewer Totai 6185000856/3 0.20 $16,369.42 $14,424.15 $11,837.47 $42,631.03 6185000858/9 0.20 16,369.42 14,424.15 11,837.47 42,631.03 6185000860/2 0.17 13,914.00 12,260.53 10,061.85 36,236.38 6185000862/8 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000864/4 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000866/0 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000868/6 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000870/9 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000872/5 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6'185000874/1 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000876/7 0.16 13,095.53 11,539,32 9,469.97 34,104.83 6'185000878/3 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000880/6 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6'185000882/2 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6'185000884/8 0.17 13,914.00 12,260.53 10,061.85 36,236.38 6185000886/4 0.17 13,914.00 12,260.53 10,061.85 36,236.38 6185000888/0 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000890/3 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000892/9 0.16 13,095.53 11,539.32 9,469.97 34,104.83 618500089415 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000896/1 0.16 13,095.53 11,539.32 9,469.97 34,104.83 618500089817 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000900/9 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000902/5 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000904/1 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000906/7 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000908/3 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000910/6 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000912/2 0.16 13,095.53 11,539.32 9,469.97 34,104.83 618500091418 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6195000916/4 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000918/0 0.16 13,095.53 11,539.32 9,469.97 34,104.83 61135000920/3 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000922/9 0.16 13,095.53 11,539.32 9,469.97 34,104.83 61135000924/5 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000926/1 0.16 13,095.53 11,539.32. 9,469.97 34,104.83 618500092817 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000930/3 0.16 13,095.53, 11,539.32 9,469.97 34,104.83 61 E15000932/6 0.18 14,732.47 12,981.74 10,653.72 38,367.93 61E15000934/2 0.18 14,732.47 12,981.74 10,653.72 38,367.93 6165000936/8 0.18 14,732.47 12,981.74 10,653.72 38,367.93 6185000938/4 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000940!7 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000942/3 0.16 13,095.53 11,539.32 9,469.97 .34,104.83 6185000944/9 0.16 13,095.53 11,539.32 9,469.97 34,104.83 11 1 ll 12 Water and 16 G Tax ralnaae Sewer otal IdmiHftcation No. Acres Roads 7 ' 6185000946/5 0.16 $13,095.53 $11,539.32 $9,469.97 $34,104.83 6185000948/1 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000950/4 0.16 13,095.53 11,539.32 9,469.97 34,104.83 618500095210 0.16 13,095.53 11,539.32 9,469.97 34,104.83 618500095416 0.16 13,095.53 11,539.32 9,469.97 34,104.83 618500095612 0.16 13,095.53 11,539.32 9,469.97 34,104.83 J 6185000958/8 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000960/1 0.16 13,095.53 11,539.32 9,469.97 34,104.83 618500096217 0.17 13,914.00 12,260.53 10,061.85 36,236,38 6185000964/3 0.17 13,914.00 12,260.53 10,061.85 36,236.38 6185000966/9 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000968/5 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000970/8 0.16 13,095.53 11,539.32 9,469.97 34,104.83 6185000972/4 9-1-Q 13,095 11,539.32 9,469.97 34,104.83 Total 77.08 $6,308,772.96 $5,559,067.81 $4,562,159.23 $16,430,000.00 1 ll 12 MINUTES OF MEETING �7 16G NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICTrrd of County Comeiissi" ' The regular meeting of the Board of Supervisors of the Naples Heritage Community Development District was held on Monday, December 9, 1996 at 10:30 A.M. at Young, Van Assenderp & Varnadoe, 801 Laurel Oak Drive, Suite 300, Naples, Florida. Present and constituting a quorum were: Peter Comeau Alan Burns John F. Stanley Raymond Miller Also present were: James P. Ward Bruce Anderson Bill McAnly Art Diamond Wm. D. Tyler Susan Neunaber Brett Sealy FIRST ORDER OF BUSINESS Chairman Vice Chairman Supervisor Supervisor District Staff f,sl Coi Nf S: Attorney To: Engineer Fishkind & Associates Nabors, Giblin & Nickerson Prager, McCarthy & Sealy Prager, McCarthy & Sealy M • [mil Mr. Ward called the meeting to order at 11:00 A.M. and stated that all Supervisors are present with the exception of Mr. Agnelli who was absent at roll call. SECOND ORDER OF BUSINESS Organizational Matters A . Oath of Office Mr. Ward stated I am a Notary of the State of Florida and as such can administer the oath to the four Supervisors present. Please repeat after me: "I do solemnly swear that J am a resident of the State of Florida and citizen of the United States of America and being a Supervisor of the Naples Heritage Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Naples Heritage Community Development District, Collier County, Florida." December 9, 1996 16G Please sign your respective Oath of Office, date it and return it to me and it will be made a part of the permanent record. C. Resolution 97 -16 Canvassing and Certifying the Results of the Landowners Meeting Mr. Ward stated we will move to Item 2(C) on the agenda, by title: A RESOLUTION CANVASSING AND CERTIFYING THE RESULTS OF THE LANDOWNERS ELECTION OF SUPERVISORS HELD PURSUANT TO SECTION 190.006(2), FLORIDA STATUTES. In Section 1 in the Resolution, the names of Peter Comeau and Alan Burns will he filled in with 50 votes and the names of John Agnelli, John F. Stanley and Ray Miller will be filled in with 49 votes. In Section 2, the names of Messrs. Comeau and Burns will be inserted to filled a four -year term and the names of Messrs. Agnelli, Stanley and Miller will be inserted to serve the two -year term. That Resolution is in order and recommended for your consideration. A motion to adopt the Resolution would be in order. On MOTION by Mr. Burns seconded by Mr. Stanley with all in favor Resolution 97 -16 was ado ted. D. Resolution 97 -17 Ratifying Past Board Actions Mr. Ward stated this Resolution is by title: A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT RATIFYING AND APPROVING CERTAIN BOARD ACTION EVIDENCED BY RESOLUTIONS 97 -1 THROUGH 97 -11 AND 97 -12 THROUGH 97 -15 ADOPTED AT A DULY ADVERTISED MEETING OF THE BOARD of SUPERVISORS ON OCTOBER 21, NOVEMBER 18 AND NOVEMBER 25, 1996 AND ALL OTHER ACTIONS TAKEN BY THE BOARD. The title should say 97 -13 through 97 -15 and we will make that change as well as the references in the body of the Resolution. This Resolution codifies all of your previous actions which elects the members of the Board to serve in the capacity of Chairman, Vice Chairman, etc. and all of your actions relative to the Special Assessment Resolutions for this District. The Resolution is in order and also recommended for your consideration. 2 December 9, 1996 1 6 G On MOTION by Mr. Miller seconded by Mr. Burns with ll all in favor Resolution 97 -17 was adopted. THIRD ORDER OF BUSINESS Public Hearing on the Adoption of Resolution 97 -12 Expressing the District's Intent to Utilize the Uniform Method of Levying, Collecting and Enforcing the District's Non Ad Valorem Assessment Mr. Ward stated in order for the District to utilize the services of the Property Appraiser and Tax Collector in Collier County for the purposes of collecting any non ad valorem assessments, which you desire to place on the Tax Rolls of this County, the Statute requires us to go through a procedure where we hold a public hearing in Collier County expressing our intent to utilize those services of the Property Appraiser and Tax Collector. It does not bind you to the use of those two offices, it merely allows you utilize them in the event you desire to do that. It also does not bind you to any specific assessment rates for any services that you inay provide within the Naples Heritage C.D.D. but again allows you to use those two constitutional offices in the event that you do that. The Statute requires this public hearing to be held prior to January 10 of 1997. It requires us to transmit our intent to the Department of Revenue and to both the Property Appraiser and Tax Collector and subsequent to this public hearing, we will negotiate what is now a standard form agreement between the District, the Property Appraiser and Tax Collector of the County which will allow you to utilize those services. The first opportunity you will have to do that will be for the tax rolls that come out in November of 1997 so as a part of your budget deliberation process in the early part of 1997, you will have the opportunity to decide whether you want to utilize those two constitutional offices or alternatively to bill your assessments by the District itself. With that brief explanation, I will be glad to answer any questions of the Board or the public as this is a public hearing. Mr. Stanley asked what will the constitutional officers charge us for this service? Mr. Ward replied in Collier County, the Appraiser charges 3% of the assessments to be collected and the Tax Collector charges 2 %. Mr. Stanley asked why do we need the Appraiser? I understand why we need the Tax Collector, to put it on the roll. 3 December 9, 1996 16G Mr. Ward replied you need the Appraiser in order to get the tax rolls that are consistent with the ad valorem tax rolls of Collier County and we are required to use the Appraiser to get the ad valorem tax rolls. Mr. Tyler stated for the assessments that you have heretofore imposed it is not anticipated that they will be collected on the tax bill so, as Mr. Ward says, this is necessary to preserve your options in the future when you are collecting for operation and maintenance assessment on an annual basis. It is that sort of thing and you are probably going to want it. Mr. Ward asked are there any other questions from the Board? If not, Mr. Chairman, I would suggest that you open the meeting at this time for any public comment or testimony. Mr. Comeau stated the public hearing is now open as duly advertised for public comment. Mr. Ward asked are there any questions or comment from the public who are present? Hearing none, a motion to close the public hearing would be in order. On MOTION by Mr. Comeau seconded by Mr. Stanley' with all in favor the Public Hearing was closed. Mr. Ward stated the next motion would be a motion to approve Resolution 97 -12. On MOTION by Mr. Stanley seconded by Mr. Burns with) lall in favor Resolution 97 -12 was adopted. J FOURTH ORDER OF BUSINESS Approval of the Minutes of the November 18, 19.96 Meeting Mr. Ward stated you have previously received a copy of the minutes of the November 18th meeting. If there are any corrections, additions or deletions, it would he appropriate at this time to so indicate, otherwise, a motion for their approval would be in order. Mr. Burns stated on page 5, I don't remember asking those questions. Mr. Ward stated we will change "Mr. Burns" to "Mr. Stanley" in those instances. Are there any other changes to the minutes? 4 December 9, 1996 16G On MOTION by Mr. Stanley seconded by Mr. Miller with all in favor the Minutes of the November 18, 1996 Meeting were approved with the changes noted. FIFTH ORDER OF BUSINESS Consideration of Ranking of Engineering Firms Mr. Ward stated let me outline the process and you can do this at this meeting if you desire although you are welcome to defer it as you haven't had much time to look at the proposals. The District must go through the selection of an engineer through a process called the Consultants Competitive Negotiations Act which requires us to advertise for competitive proposals to provide all of the engineering services for Naples Heritage. Qualified engineering firms are encouraged to submit their proposals to the District and the Board then has the opportunity to rank those proposals. To the extent that you receive at least three proposals, you are required to rank them 1, 2 and 3 and beyond that, you are not required to rank them. Once they are ranked, the District will enter into negotiations with the number 1 ranked firm and bring back to you a proposed contract which outlines what the business scope of the services will be to provide engineering services to the District and what the hourly rates for the specific individual engineering categories that the firm may have and the individuals to work on that. It is what we commonly refer to as a continuing contract pursuant to the Statute and it will not provide for the engineering company to do anything pursuant to that contract but subsequent to entering into that contract, and if we need specific work to be done by the engineering company, then we will negotiate a specific scope of services to design a road or design utility lines or something of that nature and come up with a specific fee for that specific design service. That is the process that we will follow for the ranking of the engineering firms and, as I indicated, you are welcome to rank the two firms that you received proposals from or you are welcome to defer this if you haven't had an opportunity to do that and a discussion would be in order. Mr. Comeau stated I recommend that we defer this matter. The two that submitted proposals are excellent and I know those two but has Wilson, Miller or other firms'in town been in touch with you? It seems that since we only received two, not everybody was aware that we were seeking proposals. I just had calls from four other firms that were interested and I told them to contact your office to get the bid package. 5 December 9, 1996 16G Mr. Ward stated if you want to do that for the purpose of receiving additional proposals from engineers, you would have to throw out the two proposals that you received and authorize us to readvertise for engineering firms. The Statute requires us to advertise the RFP in a local newspaper and that was done pursuant to the Statute. My experience in Collier County has been that the engineering companies consistently read those ads and submit proposals or contact the offices and the two engineering companies that you received proposals from I assume did that and submitted proposals in accordance with that advertisement. If the idea is to get more proposals from engineering companies, you would literally have to throw out these two proposals and authorize us to readvertise. Mr. Comeau stated we can proceed forward. Mr. Stanley asked are we bound by the ranking? If we don't like the one, can we take the second - ranked firm or is it like taking the lowest bidder? Mr. Ward replied it is not a lowest bidder kind of contract. Mr. Stanley stated I know, I am using that as an analogy. Mr. Ward stated the analogy doesn't work in the CCNA process, it requires you to rank them number 1, 2 ,3 pursuant to the proposals that they submitted to you, number 1 being the best - ranked based on the proposals that you received from them. Mr. Stanley asked if we rank "X" Company first and we get a bid from them, do we have to take it? Mr. Ward replied it won't be a bid that you get from them, what it will be is a contract that outlines the business terms of the arrangement, how they will do the job, what the liability is, who owns the documents, what the termination causes are, etc. and an hourly rate schedule from that firm. If you do not like the proposed business terms or the hourly rates that are submitted to you, you have the ability to ask your staff to go back and renegotiate either with that firm or the next firm at that point. Mr. Comeau stated we can go ahead since we have these two, we can rank them and go with them. Mr. Ward stated you can rank these two and what I would recommend if that is the way you want to proceed is to rank the two and authorize your staff to enter into negotiations with the number 1 ranked firm and bring back a proposed contract to you that outlines the business terms and the proposed fee schedule. Mr. Comeau asked which are the two firms that have submitted proposals? 0 it and ask us to go back and renegotiate. Mr. Miller stated I agree with Mr. Comeau, I would rate McAnly first. Mr. Burns asked Mr. McAnly has worked for the Developer on all of the plans so far, is there any problem with the District engaging the same engineering Firm to do the District work? Is there any time when a question could arise between U.S. Home and the District? Mr. Anderson replied in principle, there is no problem with the District selecting McAnly merely because they have done prior development work for U.S. Home including this project. There may be instances which will arise in the 7 December 9, 1996 16G future and we will just have to address them on a case -by -case basis if there is some disagreement between the District and U.S. Home. Mr. Burns stated then the Board isn't bringing itself a problem by choosing McAnly. Mr. Anderson stated no, and the Board always retains the ability on a select project to go out and go through this process again for a particular project rather than having the District Engineer do it. Mr. Burns stated I too rank McAnly first. Mr. Agnelli stated I concur, you talk about familiarity with the project and prior experience those have to be considered when you rank the firms. Mr. Ward stated if that is the consensus of the Board, then what I would recommend to you is make a motion to rank McAnly Engineering number 1 and Hartman & Associates number 2 and to enter your staff to enter into negotiations with McAnly and to bring back a contract to you at the next available Board meeting. On MOTION by Mr. Comeau seconded by Mr. Miller with all in favor McAnly Engineering and Design, Inc.' was Ranked Number 1, Hartman & Associates was Ranked Number 2 and District Staff was authorized to enter into negotiations with McAnly Engineering and Design, Inc. and to submit a contract to the Board at the next meetinv. Mr. Ward stated at this point Mr. Chairman, with your concurrence, we will add the consideration of the resolutions necessary to purchase the bonds from your Underwriter, Prager, McCarthy & Sealy and it would be appropriate at this time to have Ms. Neunaber or Mr. Sealy go through the business terms of the transaction with you and then Mr. Tyler will take a few minutes to go through the proposed resolutions with you. Ms. Neunaber stated you have a folder in front of you containing two documents. On the right side of the folder you will see some numbered tables. I will go through those because that will best describe the bonds that we propose purchasing from the District so the District can issue the bonds. You will see at the top Sources and Uses of Funds for this bond issue. Par amount of the bonds is $16,430,000.00. These bonds are being sold to an accredited investor and given the structure of the bonds whereby it is expected that the assessments will be prepaid December 9, 1996 1 as home -lot packages are sold, this results in a risk of prepayinent on the investor's part so the investor has required that the bonds be issued at a slight discount. Basically, $16,430,000.00 in bonds will be issued with a coupon at 6.15% to yield 6.225% so when you see that premium or discount at the top, that reflects the bonds be issued at a slight discount as required by the market. If you 'look at the Uses of Funds, you will see that the acquisition proceeds of $11,211,000.00 will be used pursuant to the Acquisition Agreement between the District and the Developer whereby the District will acquire certain infrastructure when totally completed by the Developer. The Underwriter's Discount of 1.5% or $246,450.00; cost of issuance of $130,000.00 which will include the fees and expenses of Bond Counsel, District Counsel, Financial Advisor, certain fees of the Engineer, preparation of report and the fees of District Manager, Trustee and Counsel. Under Accrued Interest, the bonds will be dated December 1st but will actually be delivered on Thursday, December 12th so we have accrued interest of $30,874.71. The bonds are also structured with approximately 17 months of capitalized interest so that the first Debt Service payment or assessment received by the District would be after May 1, 1998 so interest is capitalized through May 1, 1998. A Debt Service Reserve Fund, which is also required in this market of tax - exempt buyers, equals ten percent of the proceeds of the bonds or $1,637.725.97. Finally, the Construction Fund in the amount of $1,930,252.97. This is a little less than what the District actually needs to complete its construction, however, we have worked with the Engineer and with the Developer on a construction draw schedule so the $1,930,000 will be invested immediately and will be invested with a draw base provided by the Engineer to yield sufficient funds to complete the project. On the second page is a Debt Service Schedule which truly reflects the structure of the bonds. You will see that the first interest payment date is May 1, 1997 but keep in mind that interest is capitalized through May 1, 1998 so you won't actually have a Debt Service payment due until 11/1/98. The principal of the bonds is being amortized over three annual principal payments beginning November 1, 1999. The principal installments will be $525,000.00, $555,000.00 and a bullet of $15,350,000.00 due on the maturity date of 11/1/01. Keep in mind that these bonds are expected to be prepaid as assessments are prepaid so it is expected that this principal amount will be drawn down as bonds are redeemed and as lots are sold. As I mentioned earlier, the bonds are proposed to be sold with a coupon of 6.15% It December 9, 1996 16G and the last three columns carry out the interest and total debt service calculations. The next page reflects the capitalized interest. If you look at the second to last column you will see the net debt service requirement. reflects when the District expects to start having to collect assessments again on 11/1/98 because interest is capitalized through 5/1/98. The next. page reflects the Construction Fund which I mentioned earlier. We are issuing bonds for a little less than the construction funds actually needed. The actual construction funds needed are $1,982,000.00. We will issue a little less than that, the funds will be invested at the draw rate recommended by the Engineer and the Construction Fund earnings will be used also for construction funds. The last page reflects the Capitalized Interest Fund. Again, capitalized interest through 5/1/98. The investment earnings on the Capitalized Interest Fund as well as the investment earnings on the Debt Service Reserve Fund will be used to offset the interest payments that are due, not only through the capitalized interest period but the Debt Service Reserve Fund earnings will also be used to offset interest payments until the maturity of the bonds. Are there any questions on the structure? If not, we will go through the Bond Purchase Contract that the Underwriter proposes entering into with the District. The Bond Purchase Contract is dated today, December 9. We would propose purchasing the bonds from the District at a purchase price of $16,130,809.70. This reflects the principal amount of the bonds $16,430,000.00 less the original issue discounts because the bonds are being issued at a slight discount of $52,740.30 and less the underwriter's discount of $246,450.00. Added back to that will be the accrued interest through the closing date of December 12, 1996. The bonds are being issued according to Chapter 190 and in the Contract there are certain statements regarding the bonds and the authority of the District to issue the bonds. We propose purchasing these bonds from the District pursuant to all of the financing documents that Bond Counsel has prepared including the Preliminary Limited Offering Memorandum that the District and the Underwriter used to market the bonds, the Final Limited Offering Memorandum as well as the Indenture and certain other bond documents. The bonds are being issued pursuant to certain representations, warranties and the agreements by the District such that the District is a duly formed organization, 10 December 9, 1996 16G the District has the full legal right and power to issue the bonds and to levy the assessments. All of these are listed on pages 3, 4, 5 and 6 and the top of page 7. We propose closing the bond issue and having the funds transfer on Thursday of this week, December 12th and this would be pursuant to certain conditions precedent to closing. Pages 7, 8, 9 and 10 outline certain documents and things that the Underwriter requires from the Developer and from certain other parties in order to complete the transaction. These include legal opinions, certain certifications from the Financial Advisor, the Developer, the Engineer and certain other documents that could be required. The terms by which this contract can be terminated are listed on page 11. This is basically boiler plate language listing such things as an act of war. Section 10 outlines the expenses related to the bond issue. The District is expected to pay the cost of preparing and distributing the Preliminary Limited Offering Memorandum and the Final Limited Offering Memorandum, also the fees and expenses of Bond Counsel, District Counsel, District Manager, the Trustee, Trustee's Counsel, and Financial Advisor; also certain fees of the Engineer, and the Underwriter shall pay the costs of preparing this contract as well as any other fees and expenses incurred by us including the fees of our Counsel. The last significant part of this contract is Section 15, Condition Subsequent to Closing. The Underwriter is requesting that the District take certain actions to amend the Assessment Resolution that has already been passed to accurately reflect the structure of these bonds, in particular a five year maturity, the amortization installments and the principal amount of the bonds as well as certain requirements as to when interest can be paid. If interest is paid closer to an interest payment date, in particular 30 days within an interest payment date period, interest would have to be charged until the following interest payment date. We also have certain appendices attached to this contract. I will go through two of these; the remainder are forms of opinions and certificates that we are going to require at closing. The Truth -in- Bonding Statement states that the District is going to collect these assessments to cover the principal and interest on the bonds but if the District were not issuing the bonds, it probably couldn't collect the assessments anway. You are stating where the money is going to be used. Finally, a disclosure statement or letter from the Underwriter to the District outlining our fees and expenses, also outlining; our Underwriter's discount. On that letter you will see Exhibit A which outlines in particular fees 11 December 9, 1996 16G '1 and expenses such as Underwriter's Counsel, certain Travel Expenses, Communications computer expenses and certain filing fees that we have. Are there any questions? Mr. Stanley stated on the Bond Purchase Agreement on page 5, paragraph (j) refers to a Preliminary Limited Offering Memorandum. Why don't we have that? Mr. Tyler replied I have copies here. I thought you had received a copy earlier. Why don't we call a recess for a few minutes and let the Board members review the Memorandum. Mr. Ward stated if that is acceptable to the Board. Mr. Tyler stated it is the Engineering Report, it is the Methodology, a compilation of reports that you have already been distributed. It goes through a description of the development, how the District was formed, it goes into Fishkind's methodology and the Engineering Report. Mr. Ward stated if you would like to take a recess for ten minutes, we can do that. Mr. Comeau stated yes let's take a recess for ten minutes. Mr. Ward stated the meeting which was recessed at 10:30 A.M. is called back to order at 10:35 A.M. Mr. Stanley stated since the bonds are being issued pursuant to, among other things, a Master Trust Indenture between the District and First Union National Bank, I wonder why we have to have a Trustee. Mr. Tyler responded state law requires that we have a Trustee for Special District issues and the reason for that is a lot of local governments, counties and cities, issue bonds and act as their own custodian of funds. Districts, because they are units of' single purpose government, notwithstanding that Mr. Ward and his organization run Districts very well and take care of money, it is generally thought that they would not have the resources to manage and safekeep the amounts of money that are involved. A lot of this came as a result of the failure of a number of single purpose Districts, called Improvement Districts, that were predecessors to C.D.D.'s a long time ago. One of the defaults was that the Developer would cause bonds to be issued, be in control of the money and take off with the money having paid himself for a partially completed project, so state law now requires that we have a Trustee to be the custodian of those funds. Of the Trustees, the lady at this institution is the best Trustee that we have running the IN December 9, 1996 1bG Trust Estates of these kinds of Districts. She understands them and we work with her a lot. Mr. Stanley asked what does the bank do? Mr. Tyler replied as the trust officer of the bank, the funds are all administered in accordance with the Supplemental Trust Indenture. She has to take the construction moneys and invest those and pay them out on requisitions. She has to be assured that when U.S. Home asks for money, it satisfies the disbursement requirements and that the Engineer has signed off on the cost of the project. That is to protect the bondholders and the taxpayers in the District. On an ongoing basis as the assessments come in, she has to take all of the assessment revenue, put the principal in the Principal Account, the interest in the Interest Account and make sure that is administered and then make sure that it gets to the bondholders which we are doing for DTC at this point. She basically writes one check but she is the one that keeps up with that. It is important that these be paid on time. In the event of a default, the Trustee is the intermediary between the bondholders and the District. Having been through a couple of default and near - default situations, it is important to have a buffer so that you have the Board of Supervisors not having to administer a default and not having to go out and fight with a Developer, with an Engineer, or a contractor in one particular case, but rather the Trustee acting at the direction of the bond holders will do that providing you with a significant insulation from liability. It does work and it is not a very high expense in the whole scheme of things. Mr. Miller stated from a very practical standpoint, even if it wasn't required by state law, the fact that there is a Trustee in this transaction gets you the bond buyers. They would not buy the bonds without a Trustee for this type of government. Mr. Stanley asked aren't these typically bought by a single institutional purchaser? Mr. Tyler replied yes by one, two or three in some cases. There is a small universe of those kinds of sophisticated buyers but they don't want to administer a defaulted transaction, they want to have a buffer as well because otherwise they get involved in liability suits. They may own hundreds of these bonds and they don't want to have to do collection work. Mr. Comeau stated one other thing that came up with the Board members is that the Preliminary Limited Offering Memorandum dated November 22 1996, that all information presented accurately represents what has been previously 13 December 9, 1996 166 presented to the Board members either from Dr. Fishkind's office, or McAnly Engineering or from Mr. Sealy's office. To the best of your knowledge, this properly reflects all of the documentation that has been represented to the Board previously as so laid out and approved? Mr. Ward replied for the Preliminary Limited Offering Memorandum, for the Board's edification, is a compilation of information that is provided by all of your consultants. It has some of the bond information that Mr. Tyler has prepared, the assessment information, what the C.D.D. is, the Engineering Report,, and Fishkind's Report. All of those professionals a1; the time of the closing will certify to the true and correct and accurate information that is contained in the Preliminary Limited Offering Memorandum and I am sure every one of them to the extent the information is in there will be in a position to do that. That is a condition of closing. Mr. Tyler stated in addition there is some information about U.S. Home Corporation that has been provided by U.S. Home which is a publicly traded corporation so a lot of that is incorporated by reference and what is otherwise their S.E.C. filing. The other information that is in there that is important to you is the information on the development and all of you live in this community so you have a good idea of what is going on and have done more indirect due diligence than another Board of Supervisors or County Commission. I can take you through the Bond Resolution but I think Mr. Ward wants me to point out a section in the Bond Purchase Contract before I do. There is a section in the Bond Purchase Contract on page 13 called the Condition Subsequent. When you adopted the final Assessment Resolution, there were some parts of the transaction to accommodate the landowner that were changed from what was originally contemplated. Typically we do an.assessment issue and even it may not be on the tax roll from Day One, we contemplate it is going on the tax roll eventually so therefore we do an annual assessment. When we do an annual assessment, and it is' collected on the tax roll, we always collect interest in advance so that you wind up getting an assessment and a year's worth of interest on Day One even though you don't use that money to make payments over the course of the next year. We try to flesh out the principal payment early on so that we do riot have money that is invested at a lower rate than the bonds, nevertheless, we get a year's worth up front. The landowner in this particular case is not obligated to prepay any of these assessments but has the right to prepay and, based on its own marketing, it made the determination that it is likely to prepay 14 December 9, 1996 IbG14 these assessments before they come due each time a lot is sold. They don't have to do that, they can pass it on to future homeowners and the Board can come back and take the balloon payment that is there and spread it out over the balance of twenty years. Nevertheless, because they anticipate making these payments they wanted to make payments semi - annually so that from a taxpayer's point of view if you are going to have to pay a year's worth of money, it is better to pay it more closely proximate to the interest payment dates and therefore we have semi- annual payments. When a prepayment is made, if we are collecting money up front, you would have collected a year's worth of interest but if we make a prepayment, there is a need to get interest to the date of prepayment. More importantly, it is necessary to get interest to the date that you can prepay the bonds because the bonds are not callable necessarily There is a window of 45 days within which if you get a payment, the bonds aren't callable either so what is required in this Bond Purchase Contract, because it was not contemplated and was not provided in the assessment proceedings, is that you amend the assessment proceedings to add two provisions to cure these issues: One is to make provision for the semi - annual payments and to make provision for the scale of when maturity is opposed to this not being level payments. The second thing is to make sure that when prepayments are collected, that those prepayments bear interest to the date which is more than 45 days preceding an interest payment date, the next (late which is more than 45 days preceding an interest payment date so that the Trustee can call the bonds and have enough interest that the bonds get called. We ask you to adopt an amendment today and do it by voice vote and to do this provision but secondly, and just so there is not a question, even though there are two landowners who could theoretically waive it, and for federal tax law purposes so we can make sure that this is done in accordance with state law and is not just an agreement to pay which would cause this not to be an assessment under general law but rather some sort of contractual arrangement, we ask you to again notice so that landowners can come in, hold a public hearing sit as a Board of Equalization and after notice, amend these assessment proceedings in a way that is satisfactory to your Counsel to know that these proceedings have been amended and that the assessments properly reflect this transaction so that they match the bonds. Mr. Ward believes that we can do it by voice vote today and I think that lie is right but in the abundance of caution I think the Underwriters, as purchasers of the bonds, have requested this. It is not an inordinate burden for L5 December 9, 1996 I the District to do this particularly with the number of landowners and it is better bG for all involved to do it the right way. That is my recommendation. I will briefly go through the Bond Resolution that you are being asked to consider as I think we have covered the subject. You are being asked to approve the Bond Purchase Contract which has been presented to you and to purchase bonds at the purchase price set forth in the Bond Purchase Contract. You should be aware that there is a difference in the prices shown in the Award Resolution and the Bond Purchase Contract because one does not add the accrued interest in and the other does add the accrued interest in. I will point out that in the event we do not close on Thursday for some reason and it carries over to Friday, that number will change so the'Bond Purchase Contract more conservatively reflects the purchase price because it gives us that flexibility. You are doing that at the beginning of the Resolution. You are approving the bonds to be sold in a negotiated sale so let me tell you what that means because the Auditor General has been going around looking at Special Districts as the Auditor General has a predisposition to competitive sales and doesn't understand Special Districts. In a Competitive sale, what w dd happen is the District and its Financial Advisor would 1,ut together this transaction. They would put together a disclosure document a11'd []- -ey v.-ould mail it out to a number of investors and then they would say on a ('erlain day ,e are going to take bids on these bonds and people would theoretically call in, send in wires and bid on the bonds and you would take the lowest interest rate, bearing in mind when people bid on bonds, they don't bid on them because they want to be long. Underwriter is a misnomer because generally people cio not like to exploit because underwriters hold bonds, they want to have sold what they are buying before they bid. If they wind up having; to take that Position sometime, that is a component of the risk they take. In a competitive bid situation, you take the lowest bid. First of all, these are not like -kind tran ractions; this is not a city, a G.O., it is not a water and sewer revenue obligation. it is not an easily understood credit, it is not an easily understood revenue strain. It takes an underwriter to come in and structure and to negotiate and to work with a Iimited universe of purchasers and, in doing that, to try to find the lowest bid on your behalf with institutional investors. It doesn't mean that they go out and take the first one that comes along but it does mean that we don't go out and blindly offer to sell something that is not a fungible commodity in that kind of fungible commodity market. That is why you are making the findings that you are being asked to make regarding the negotiated sale in paragraph 3 You are being asked 16 December 9, 1996 16G to approve the forms of the Indenture and Master Indenture and the Continuing Disclosure Agreement. On the Continuing Disclosure Agreement, the Securities and Exchange Commission has amended an old rule called 15c2 -12 to require that in order for an underwriter to be able underwrite bonds they have to have entered into a satisfactory arrangement with an issuer in order to obtain for the market disclosure information of the kind that is in the initial disclosure document. The reason for this is in a municipal market, the information goes stale pretty fast and unlike corporate securities where you have continuing reporting requirements, you don't have that in the municipal market. S.E.C. cannot directly regulate governments so, as a way around the constitutional problem of whether they can actually do that, they impose the obligation on the underwriters as a condition of their purchase of bonds. As a practical matter, you can't do a transaction without it and as a more practical matter, in this market the institutional investors were requiring this sort of thing before the S.E.C. required it. You are being asked to approve that. You are setting the terms of the bonds which are set forth in the Indenture and in the Bond Purchase Contract, Redemption Provisions, Interest Rates and the Maturity. You are being asked to authorize the Chairman and the Secretary to enter into documents that are required for the closing. You are also being asked to approve the form of an Acquisition Agreement. I know you have done that in the past but I will explain briefly that there are costs in and above the costs of the project that are being funded with the contract of purchase that are either going to be absorbed by the Developer but legitimately are costs that could and should be paid for by the District. As bonds are redeemed, the Reserve Fund requirement goes down for these bonds and we have a Reserve Fund requirement of approximately $1,600,000.00. As the bonds are redeemed and eventually you will get down to a level where 10% of the outstanding issue will be less than what the original Reserve Fund requirement is and at that point, that money that becomes excess that is already assessed for will go into the Acquisition and Construction Fund and be used to make these payments to the Developer for the balance of the costs of the project that it has paid and incurred, but only to the extent that those moneys are transferred. This Acquisition Agreement contemplates that. Mr. Anderson and I are going to make sure that the two forms of Agreement fit and we are going to negotiate with the Developer. That is the sum total of the Award Resolution which we ask you to approve. I also ask you if at the same time we can designate each of you other than the Chairman as an Assistant Secretary and 17 December 9, 1996 each of you other than the Chairman as a Vice Chair in case we have some 16G documents that need to be executed in the absence of either the Chairman or Secretary. Mr. Ward stated we already have a Vice Chairman and Board members who don't serve in the position of Chairman or Vice Chairman are Assistant Secretaries. Mr. Tyler stated then we don't have to do that. Mr. Comeau stated I understand there are two things that you are looking for. First is a motion regarding the semi - annual payments acknowledgments and prepayments. Mr. Ward asked is there a necessity to do that? I assume that if they approve this Resolution, the actions or conditions required precedent to the closing are approved. Mr. Tyler replied there is no necessity, I thought it would be to everyone's advantage to have it on the record that the Board was in favor of doing that. Mr. Ward stated according to the Debt Service Schedule, the principal is paid annually. Mr. Tyler stated that is correct. Mr. Ward stated we are paying interest semi - annually. Mr. Tyler stated that is correct. Mr. Ward asked could you explain to me why it is necessary to adopt a modification to that Resolution to require semi - annual payments when they always require semi- annual payments? Mr. Tyler replied because if we collect payments annually, the only way we could do it is to collect a full year's interest up front which if U.S. Home wants to do that and pay interest in advance, we can do that, but my understanding was that they wanted to pay semi - annually so it is a benefit to the landowner. The reason for the two changes is so that we do not have to collect interest in advance. Mr. Miller stated I am the Administrator for the Division of Public Works in Collier County. I took this on as an interim program until they find a replacement and I would like to place this before the Board and ask if there is any conflict with my voting on this particular issue. Mr. Anderson responded there is no conflict. December 9, 1996 16G On MOTION by Mr. Comeau seconded by Mr. Stanley with all in favor an Amendment to Resolution 97 -15 to Provide for Semi - Annual Payments of Interest and Annual Payments of Principal at the Times and Dates Coinciding with the Debt Service on the Bonds and to Provide that any Prepayment Made After the 30 Days Following Completion of the Project Shall Bear Interest at the Interest Rate on the Bonds to That Date Which is More than 45 Days Next Preceding the Next Interest Payment Date on the Bonds was adopted. Mr. Ward stated next a motion is in order to adopt the Bond Resolution, Resolution 97 -18. On MOTION by Mr. Comeau seconded by Mr. Burns with all in favor Resolution 97 -18 Approving the Sale and Issuance of $16,430,000 Capital Improvement Revenue Bonds, Series 1996 was adopted. SDCM ORDER OF BUSINESS Staff Reports A. Attorney There not being any, the next item followed. B. Engineer Mr. McAnly stated I have nothing other than to report that the project is on track, on time and under budget. C. Manager Mr. Ward stated the point has been raised that Mr. Burns is not an Assistant Secretary and if the Board wants to make him an Assistant Secretary, a motion to appoint him would be in order. Un MOTION by Mr. Comeau seconded by Mr. Miller with all in favor Alan Burns was appointed Assistant Secretary of the Board of Supervisors. SEVENTH ORDER OF BUSINESS Supervisors Requests and Audience Comments Mr. Ward asked are there any Supervisor's requests or comments from the audience? Hearing none, a motion to adjourn would be in order. 9 16G' Monday December 9, 1996 10:30 A.M. AGENDA NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT Young, Van Assenderp & Varnadoe 801 Laurel Oak Drive Suite 300 Naples, Florida 1. Roll Call 2. Organizational Matters A. Oath of Office B. Election of Supervisors C. Resolution 97 -16 Canvassing and Certifying the Results of the Landowners Meeting D. Resolution 97 -17 Ratifying Past Board Actions 3. Public Hearing on -the Adoption of Resolution 97 -12 Expressing the District's intent to Utilize the Uniform Method of Levying, Collecting and Enforcing the District's Non Ad Valorem Assessment 4. Approval of the Minutes of the November 18, 1996 Meeting 5. Consideration of Ranking of Engineering Firms 6. Staff Reports A. Attorney B. Engin -eer C. Manger 7. Supervisors Requests and Audience Comments 8. Adjournment wples Dally Nws Nmp1 sa, IL 3!940 Affidavit of P%k"catlon NAPLES HERITA0E CO~ ITT DEVELOPMENT DISTRICT 10300 1w 11TH MAMOO CORAL SPR IN,I EL 33071 l REFERENCE: 051512 573811446 NOTICE of MEETINGNAP Stet. of FLorida C_ y of Col l I.r S*Iore the und.rrlgnad Authority, p.rwnot ly Appeared Nlrs Iver.on, bho an oath say# that'aho . sa tW Asstetatt secr.lary of tlr Nept*& Dally N.u., a daily nwrspaper ptblf shod At Meplas, in Cotner County, floc ids • that the attached copy of advertising we publfated In said n .vepaper on data* listed. Aii last further says that the said Mplu Dally Nws Is a nw.pp.e published at Mpin, in said Collier County, florlda, and that the said n paper has heratofor. Gen _tin .ly p,d,lishod in said Collier County, Florida, each dsy •std he• been ant.r.d A. *.cord class sail aatur at the post olticA In NapLsa, 1st laid Colll.r county, Florida, for ■ period of 1 year n..1 preceding the first publication of the e[1.1had copy of advarti.aaant; And offiant further eye that he has neither paid nor prO10lerd any person, lira or copol.t Joe, Any discount, r.L. coealeslon or refuel for the purpose of *.cur lrg this advartis.aant for publication in the said rw.papar. PV11USMED ON: 11/11 Aar maflrrq of Iht Bard Of of ft Moin Hr Boat Coo- 01" WE be Pied an Monday, 1lovamber R "% a 10:71 AA4. All Ina aka a Yount, Van Asserderp Vvrod*4 101 Laurel ODM Drlw, Wk ^ MOwk/. AoAdo. The maWN; h open to Ro 1,10 and will G Contacted In ocrnrdrnla rwft ft /nvlslons of firido Lon Jar Coro- T may W Kwalone uFtoo am .or mere Stprvium Will parks ok DY too.. phom AI ins above location (here " U ppseM 0 W*dW 141100WO to eta any.„. lrtsfad pa w Cm anwtd 1M mn*q'a Ntt obaw lowliest and be L*y kdarmtd of Nta dsorsslord latlq {lace o*w In pr. sonrbylofapimm atNgtfv�lyunkonaL ran�oYdl�dy n 101 *6 y4glinapk becwse a o dls kd IMP sold trtica M01!41 7S34360-of a lmf, Me colandor doyt prior to the main. Each parson 101114 decides 10 oppad try detlslon molt Nw Board MIN rt• sped 16 any cadldered of IM meellnp h O&Astd Nee person wl/ need •.a record a kw proceedings and tlol oc• trdlndY, M person may need b en• sire tthhde a' vrboMm record d Nte pro- ceedirgs Is mode, ktcV q On kshmo- M , evbmt spot wttkh such op. pod It b be bona Gory L. Yr Howe bar 11 " NO.1t7041 AO SPACE: 4.417 INCH FILED ON: 11/11/96 signature of Affiant L,%Cs /�� Swrn to and Stbscrlbad before w thfs� day of _ 19G _G P ... onatly knw.m by M .ARM A Flarilm • AST CO USSiON f CC5017E7 ExpffS FW^.v IS, 1000 C'4, .Dams r vwx rue sommax. w 16 G• 0 0 'r. y •fir ��,' •1,y � :1 . ' wples Dally Nws Nmp1 sa, IL 3!940 Affidavit of P%k"catlon NAPLES HERITA0E CO~ ITT DEVELOPMENT DISTRICT 10300 1w 11TH MAMOO CORAL SPR IN,I EL 33071 l REFERENCE: 051512 573811446 NOTICE of MEETINGNAP Stet. of FLorida C_ y of Col l I.r S*Iore the und.rrlgnad Authority, p.rwnot ly Appeared Nlrs Iver.on, bho an oath say# that'aho . sa tW Asstetatt secr.lary of tlr Nept*& Dally N.u., a daily nwrspaper ptblf shod At Meplas, in Cotner County, floc ids • that the attached copy of advertising we publfated In said n .vepaper on data* listed. Aii last further says that the said Mplu Dally Nws Is a nw.pp.e published at Mpin, in said Collier County, florlda, and that the said n paper has heratofor. Gen _tin .ly p,d,lishod in said Collier County, Florida, each dsy •std he• been ant.r.d A. *.cord class sail aatur at the post olticA In NapLsa, 1st laid Colll.r county, Florida, for ■ period of 1 year n..1 preceding the first publication of the e[1.1had copy of advarti.aaant; And offiant further eye that he has neither paid nor prO10lerd any person, lira or copol.t Joe, Any discount, r.L. coealeslon or refuel for the purpose of *.cur lrg this advartis.aant for publication in the said rw.papar. PV11USMED ON: 11/11 Aar maflrrq of Iht Bard Of of ft Moin Hr Boat Coo- 01" WE be Pied an Monday, 1lovamber R "% a 10:71 AA4. All Ina aka a Yount, Van Asserderp Vvrod*4 101 Laurel ODM Drlw, Wk ^ MOwk/. AoAdo. The maWN; h open to Ro 1,10 and will G Contacted In ocrnrdrnla rwft ft /nvlslons of firido Lon Jar Coro- T may W Kwalone uFtoo am .or mere Stprvium Will parks ok DY too.. phom AI ins above location (here " U ppseM 0 W*dW 141100WO to eta any.„. lrtsfad pa w Cm anwtd 1M mn*q'a Ntt obaw lowliest and be L*y kdarmtd of Nta dsorsslord latlq {lace o*w In pr. sonrbylofapimm atNgtfv�lyunkonaL ran�oYdl�dy n 101 *6 y4glinapk becwse a o dls kd IMP sold trtica M01!41 7S34360-of a lmf, Me colandor doyt prior to the main. Each parson 101114 decides 10 oppad try detlslon molt Nw Board MIN rt• sped 16 any cadldered of IM meellnp h O&Astd Nee person wl/ need •.a record a kw proceedings and tlol oc• trdlndY, M person may need b en• sire tthhde a' vrboMm record d Nte pro- ceedirgs Is mode, ktcV q On kshmo- M , evbmt spot wttkh such op. pod It b be bona Gory L. Yr Howe bar 11 " NO.1t7041 AO SPACE: 4.417 INCH FILED ON: 11/11/96 signature of Affiant L,%Cs /�� Swrn to and Stbscrlbad before w thfs� day of _ 19G _G P ... onatly knw.m by M .ARM A Flarilm • AST CO USSiON f CC5017E7 ExpffS FW^.v IS, 1000 C'4, .Dams r vwx rue sommax. w 16 G• 0 0 Naples Daily Msrs Naples, FL 33940 Affidavit of Publication NAPLES HERITAGE COMM ITY DEVELOPMENT DISTRICT 10300 NU 11TH MANOR CORAL SPRINGS FL 33071 REFERENCE: 052512 57401127 NOTICE BY THENAPLES State of Florida County of Collier Before the undersigned authority, personally appeared Nina Iverson, wlw on oath says that she serves as the Assistant Secretary of the Naples Daily Nelda, a daily newspaper published at Naples, in Collier County, Florida : that the attached copy of advertising was published in said newspaper on date& Listed. Affient further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail wetter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or coporatlon any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 11/11 11/18 11/25 12/02 AD SPACE: 9.083 INCH FILED ON: 12/02/96 Signature of Affiant Sworn to and Subscribed before me this 3 day of Personally known by me ! MXE NY TIE . . MAll NEM MWC>3W.MY DEweivol T Dona in KTHiT TO USE IM UW�r,M AD VX.OKM 1EMW fF CMIECn=OF A ' IQi AD Y11L.pE3A'i�BfT iMMlar b hurt+ pees ♦ d armrn d kris ba" web ire Owrrin d 60 Ml M i o rr 1 COUMN*l DeadaiNaerl anted Ob"d �ia� media r ad n ft M mel ad tar Morl q iee marl Od vdWeM on!>liMmealls k*Aed by We Naplks HerkR Cammm* l Devtsipnm* Dlskid as id faro in Sedan 1!7,3637 F.S. and Mdlipiric Dowd of Sgwvhdn of iht maples 04sth kf w# l+oW . o�t December 9, "M d *A AA hearing at Young, Van Assenderp & Vernal PA, 101 Lau. rel Oak Drive, Suit 300, .Naples, Florida 3410f- The pirPM of ie pubk hearing is to consider the odop4on of o resolution oufto- d*V the Naples Herfloge Community De- vefopawW Dlsirld to use iV untiarm ad valorem meRuod of colectinq non ad volo- rem assts,n enh levied by the Ky. NalTe fly Development � as ppr�Dy�kIO In Sedton 117.3632 F.S. The Naples I l flogs Ca nrl Development District ktem to use the uniform method of collec- fion 1'x o paW of more than one year which may Include its non ad volorem as- sessrrt *nf for molnfenonce or capitol faclli- tks or both. j The Noples Heritage Coma l De: velopment District will be adopting a new non ad volorem assessment for flnmlcIng of certain projects oultorized,:uihder Chapter 190 F.S. which will extend, for more than one year and further the Naples Heritage Community, Development , DiskIct; plans, to utilize the : non ad 'valorem ,assessment method to 'tolled Rs annual "maintenance assessment which also will be: for a period of more than one year, . - This non ad voiornm`ass"esiment Is be. Irg levied for the first fime.,The uniform method provided for An:, Chapter, 197.3632 authorizes the Dlstrld'to,kilze th6 services of the pproperty oppralser and'tax'colitctor In levyinQ its non ad volorem. assessment for benefit and maintenance', assessments and special assessments which will appear ____ under a separate section of, the, properly tax bill. The Dlstr cis non ad valorem as- i sessmert(s) stall be subject to the Some discounts and peroRles and "the Issuance and sole of tax ca ttkates and tax deeds 19 for non payment as ad valorem taxes. The non- poymetd of said non . ad valorem, as- a ►+ sessrnents win subject the lo the potential less of title. ktex appear ot the public hearing to be heard nre- gar'otnp the, use of the. unrtorm ad valorem method of collecting such non ad valorem assessments. Each person) who deckles fo appeal any decision: mode by the Board with re- meeting Is advised considered l need • a record d the Parson will need proceedings tend that a- 4ar. dr?pM, tihe Person may need to m- sere mat a verbatim record of the pp�ro- rxexfings h made, k wkg. Me -teslkno ny rvkderhae upon which such w peal Is to be based. Gary L Moyer Manager November 11, 18, 2S, Dec. 2 Na 892061 16G Oath of Office I, John F. Stanley, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Naples Heritage Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Naples Heritage Community Development District, Collier County, Florida. / - . Kf:Ci Jo F. Stanley Date .A w 16G 16G Oath of Office I, Peter Comeau, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Naples Heritage Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear.or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Naples Heritage Community Development District, Collier County, Florida. J Peter Comeau %1;- 1- fr. (; Date 16G RESOLUTION 97 -12 RESOLUTION OF THE BOARD OF SUPERVISORS OF THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT EXPRESSING ITS INTENT TO UTILIZE THE UNIFORM METHOD OF LEVYING, COLLECTING AND ENFORCING NON AD VALOREM ASSESSMENTS WHICH MAY BE LEVIED BY THE DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 197.3632 F.S.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Naples Heritage Community Development District was established pursuant to the provisions of Chapter 190 F. S. which authorizes the District to levy certain assessments which include benefit and maintenance assessments and further authorizes the Board to levy special assessments pursuant to Chapter 170 F.S. for the acquisition, construction or reconstruction of assessable improvements authorized by Chapter 190 F.S.; and WHEREAS, the above referenced assessments are not considered to be ad valorem in nature and therefore, are subject to the provisions of Chapter 197.3632 F.S. in which State of Florida through its legislature has provided a uniform method for the levying, collecting and enforcing such non ad valorem assessments; and WHEREAS, pursuant to Chapter 197.3632 F.S. the District has caused notice of a public hearing to be advertised weekly in a newspaper of general circulation within Collier County for four consecutive weeks preceding said hearing; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT 1. The Naples Heritage Community Development District upon conducting its public hearing as required by Chapter 197.3632 F.S. hereby expresses its intent to use the uniform method of collecting its benefit and maintenance assessments and such other assessments imposed by the District as provided in Chapter 170 and 190 F.S. each of which are non ad valorem assessments which may be levied annually by the District pursuant to the provisions of Chapter 190 F.S. for the purpose of paying principal and interest on its bonded indebtedness and the cost 16G1 EXHIBIT "A" Y.arzxLl.:. North 'A of Wcst'A of Weit ix of Sowhwest! /, of Section 3, Township So South, PAnPc 26 East, Coillar Canttty, Flo'ri4 lyink solilkaly of Davis Bonlavatd (SR. 34), LOESS 75 equate fDct ( + / -) deeded to the State of Florid: and des'atibed asr; iicginning at tend Wisf kcottiat of xud Sooction 3, nun N 89'18'10"E along the'Eatt -West 1/, Section line i disbmwo of 9.52 fret; tluaco S 30.16115`w it dlstlaoc of 15.30 foot , to a polat rm th• Wort line-.Of said Section 3; thence N 0('41'45" W it distance of 15.86 fast to tho point of Fx�.nning ! Southmvt 'A of Section 4, Township 50 South, 1tmle 26 East, Co111ar County, Florida, lying Iouthcriy of Davis Boulevard (S.R.114): nod Pan3LL Bast ''A of Section 9, TownsWp 50 South, Rmige 26 F*st, Collie[ County, Flatida, LESS: Southeast '/. of the Southeast V, of tho Southeast '/. of said Section. 9; and LESS Southwest 1/, of the South -west �/. of tho Southtsst V of ss]d Section 9. ramcl 4. North f5 of the North 'h of Section 10, Township So South, Range 26 East, CoMer County, Florida, LESS the cutetly 125 ftd thereof. 16G RESOLUTION 97 -16 A RESOLUTION CANVASSING AND CERTIFYING THE RESULTS OF THE LANDOWNERS ELECTION OF SUPERVISORS HELD PURSUANT TO SECTION 190.006(2), FLORIDA STATUTES WHEREAS, pursuant to Section 190.006(2), Florida Statute, a landowners meeting is required to be held within 90 days of the District's creation and every two years following the creation of a Community Development District for the purpose of electing five Supervisors o,f the District; and WHEREAS, following proper publication of notice thereof, such landowners meeting was held on December 9, 1996, at which the below recited persons were duly elected by virtue of the votes cast in their respective favor; and WHEREAS, the landowners by means of this Resolution desires to canvas the votes and declare and certify the results of said election; NOW, THEREFORE, BE IT RESOLVED BY THE LANDOWNERS AND BOARD OF SUPERVISORS OF THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT; 1. The following persons are found, certified, and declared to have been duly elected as Supervisors of and for the District, having been elected by the votes cast in their favor as shown, to wit: Peter Comeau Votes 50 Alan Burns Votes 50 ohn Agnelli Votes 49 John I,. Stanley Votes 49 Ray Miller Votes 49 16G 2. In accordance with said statute, and by virtue of the number of votes cast for the respective Supervisors, they are declared to have been elected for the following terms of office: Peter Comeau Alan Burns John Agnelli Iohn F. Stanley Ray Miller four (4) year term four (4) year term two (2) year term two (2) year term two (2) year term 3. Said terms of office shall commence immediately upon the adoption of this Resoluiion. PASSED AND ADOPTED this 9th day of December, 1996. 2(zd4-C'C' — Chairman Se etary RESOLUTION 97 -17 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT RATIFYING AND APPROVING CERTAIN BOARD ACTION EVIDENCED BY RESOLUTIONS 97 -1 THROUGH 97 -11 and 97 -13 THROUGH 97 -15 ADOPTED AT A DULY ADVERTISED MEETING OF THE BOARD OF SUPERVISORS ON OCTOBER 21, NOVEMBER 18 and NOVEMBER 25, 1996 AND ALL OTHER ACTIONS TAKEN BY THE BOARD WHEREAS, the Naples Heritage Community Development District Hereafter referred to as District in accordance with the provisions of Chapter 190 Florida Statutes (lid hold its organizational meeting on October 21, 1996 and did proceed to organize by the election of Peter Comeau as Chairman, Alan Burns as Vice Chairman, John Agnelli, Raymond Miller and John Stanley as Assistant Secretaries, James P. Ward as Secretary and Treasurer as Secretary, Bruce Anderson as Registered Agent and his office address as Registered Office of the District and to appoint certain District staff members; and WHEREAS, said Board (lid call for the Landowners Meeting to be held on December 9, 1996; and WHEREAS, having conducted said Landowners Meeting at which time five Board Members were elected; and WHEREAS, it is the desire of the newly elected Board to retain the officers and staff select.cd at the October 21, 1996 meeting and to ratify the other 'Board action as represented in Resolutions 97 -1 through 97 -11, and 97 -13 through 97 -15, copies of which are a part of the official District minutes. NOW, THEREFORE, BE IT RESOLVED BY THE LANDOWNERS AND BOARD OF SUPERVISORS OF TIIE NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT; L Resolutions 97 -1 through 97 -11, and 97 -13 through 97 -15 and all other actions taken by the Board are hereby ratified and approved and shall remain in full force and effect until modified by appropriate Board action. PASSED AND ADOPTED THIS, 9TH DAY OF DECEMBER, 1996. �,1-2""V/ J es P. Ward ecretary 2ffed',�� Peter Comeau 1 Chairman 16G`'I 11 -Zr- Iu: III Ill I FM_41 It, (9k..l' L'In-111 CC. kIr1G 2 :i.Sl 10 WANLY ENGINEERING ..IllmdlL\ AND DESIGN INC. ENGINEER11`4 PLANNING LAND SURVEYING DATE: I 1 — .12 7- 9 � TIME: NAME: -) 1 VvL 0a r-j FIRM /COMPANY: P r L . Mo s4 e Q 16G LANDSCAPE AACNITECTURE FAX NO.: (- '?5-4 - 3 4 -12-q 2- NO. PAGES: 7 (including cover) FROM: 6 j i s. A n I, MESSAGE: 4 IF THERE IS A PROBLEM, PLEASE CALL (941)775 -0723 THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS CONFIDENTIAL INFORMATION, INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY UNAUTHORIZED DISSEMINATION, DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY PHONE. THANK YOU FOR YOUR COOPERATIO,N'. ORIGINALS ARE IN THE MAIL , ARE NOT IN THE MAIL 5101 TAMIAMI TRAIL EAST, SUITE 202, NAPLES, FLORIDA 34113 (941) 775 -0723 FAX (441) 775-9236 NOV 27 ' % 09:113 1 941 775 9236 PAGE.01 11- 27-1996 10 :11AM FROM MANLY ENGINEERING & DESI TO 19543451292 P.02 rr u+ E E 1 T E i IE i j A• �3N f A N x > ix D3 cr z 3333�3a3�� o • c; I �I I ( IV m to 0 ��. n rnmOf) C,D� c�-�c r� �• nag nn ao on .J < o o ca oR. O =0rn q. o `t Z CD W �r p to O a C y 0 0 1 y 0 R' o B i 3 3 '! 's i 's < N x p to 03 m 9 = N 'n � ,� -0 � -n Cl d " a :1 ' a m T ro D y N 0 0 0 3 :. O- p N1 4 v t 7 �j �. ltOO� w � N_ 10 d fD rn -n ' rn Cl N a a: n CD o o io IE IE IE IL is If Is �' cr '00 d cr th IA rR 1 I I� ' Is t1 oZ a i ll - icAcnto0v)v0 y ' w w O u. n N �Qc m (D rn H. mc@ a o A m n $' m o O `Lci+ � j n 0 �00 �n_ � Im g a a D� � I �f I£ I1 (E (E If IE o• � � � C ^ O A N a .a p5► wI I I I 1 I o P Q 'a o 3 .. n o ;w v ZD c n — d o NOV 27 ' % 0920 1 941 775 9236 PAGE.02 G 7-27-19% 10-.14R,i FROM McANLY ENGINEERING 8 DESI TO 19543451292 P.06 z 6G , -0. 2 z of 3 v A a � r j i n c w 3 n 3 g v M 40 0 c c A n � N O_ Q T `Z c '7 3 i3 a � z 0 3 a a n 0 K z r a g T A n 3 n d� A A fW 7 Q„ 2 a �r Q c (V 32 1 ^a l I 4 A 'O m Q m N_ A 3 W n C') 4 O n 7 ag_�10 i C it i. NOV 27 ' % 09:22 1 941 775 9236 PAGE.06 ''ww tt- 7'I- 19`�ti �� t•�c'�i t tt' -�t... �r�'� Et K;lr t'.f:ltr� 2 IESI 10 J e a 1 W r r w a n n ,r ►i W w r+- a iii ct x 0 �N O� +O n0 R • o > °9 P.0> tgo ra N 11 O tv RAC 8 Qo H � O 7 O d Q a oni v 0 0 0 N TOTAL P. 0'7 NOV 2? '96 09:22 1 941 775 9236 PAGE. Er? J A c CL_ 13 0 3 a a M g w M N _3 KnQC i M $16,430,000 NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT (COLLIER COUNTY, FLORIDA) CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 1996 BOND PURCHASE CONTRACT December 9, 1996 Board of Supervisors Naples Heritage Community Development District Collier County, Florida Attention: Chairman Dear Sirs: 16G Prager, McCarthy & Sealy (the "Underwriter ") offers to enter into this Bond Purchase Contract (the "Purchase Contract ") with the Board of Supervisors (the "Board ") of the Naples Heritage Community Development District, located in Collier County, Florida (the "District "). This offer of the Underwriter shall, unless accepted by the Board, expire at 3:00 P.M. prevailing time within the jurisdiction of the District on the date hereof, unless previously withdrawn or extended in writing by the Underwriter. Upon execution and delivery of this Purchase Contract, it shall be binding upon the District and the Underwriter. Any capitalized word not defined herein shall have the meaning ascribed thereto in the Limited Offering Memorandum (hereinafter defined). In conformance with Section 218.385, Florida Statutes, as amended, the Underwriter hereby delivers to the District the Disclosure and Truth -In- Bonding Statement attached hereto as Exhibit A. 1. purchase and Sale. Upon the terms and conditions and upon the basis of the representations, warranties and agreements set forth herein, the Underwriter hereby agrees to purchase from the District and the District hereby agrees to sell and deliver to the Underwriter, all (but not less than all) of its $16,430,000 Capital Improvement Revenue Bonds, Series 1996 (the "1996 Bonds "). The 1996 Bonds shall be dated December 1, 1996, and shall mature on the date, shall bear interest at the rate, and shall be subject to redemption prior to maturity, all as provided in Exhibit B attached hereto. The purchase price for the 1996 Bonds shall be $16,130,809.70 (representing the $16,430,000 aggregate principal amount of the 1996 Bonds, less original issue discount of $52,740.30 and an underwriter's discount of $246,450) plus interest accrued from December 1, 1996 to the date of the payment for and delivery of the 1996 Bonds pursuant to Section }- pL:191717:4 1-6 G 7 hereof (the "Closing Date ") (such payment and delivery and the other actions contemplated hereby to take place at the time of such payment and delivery being hereinafter referred to as the "Closing "). 2. The 1996 Bonds. The 1996 Bonds are authorized and issued pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended, (the "Act ") and a resolution duly adopted by the Board on December 9, 1996 (the "Resolution "). The 1996 Bonds shall be as described in, and shall be issued and secured pursuant to, the provisions of a Master Trust Indenture dated as of December 1, 1996 (the "Indenture ") by and between the District and First Union National Bank of Florida, as Trustee (the "Trustee ") and a First Supplemental Trust Indenture dated as of December 1, 1996 (the "First Supplemental Indenture" and, together with the Master Indenture, the "Indenture ") by and between the District and the Trustee. The 1996 Assessments comprising the Pledged Revenues will be levied by the District on lands in the District specially benefitted by the 1996 Project pursuant to resolutions adopted by the Board prior to the date hereof (collectively, the "Assessment Resolution "). 3. Offrin:'. It shall be a condition to the District's obligation to sell and to deliver the 1996 Bonds to the Underwriter, and to the Underwriter's obligation to purchase, accept delivery of and pay for the 1996 Bonds, that the entire principal amount of the 1996 Bonds be issued, sold and delivered by the District and purchased, accepted and paid for by the Underwriter at the Closing and that the District and the Underwriter receive the opinions, documents and certificates described in Section 8(c) hereof. The Underwriter agrees to deliver at the Closing a certificate in form satisfactory to Bond Counsel as to the initial offering prices and yields of the 1996 Bonds. The Underwriter reserves the right to change such initial offering prices or yields as the Underwriter shall deem necessary in connection with the marketing of the 1996 Bonds and to offer and sell the 1996 Bonds to certain dealers (including dealers depositing the 1996 Bonds into investment trusts, including investment trusts managed by the Underwriter) and others at prices lower than the initial offering prices or yields set forth on the cover page of the Limited Offering Memorandum. The Underwriter also reserves the right to: (i) overallot or effect transactions that stabilize or maintain the market price of the 1996 Bonds at a level above that which might otherwise prevail in the open market; and (ii) discontinue such stabilization, if commenced, at any time. 'File Underwriter will sell the 1996 Bonds only to accredited investors within the meaning of Section 189.4085, Florida Statutes. 4. Ilse of Documents. "File District hereby authorizes the use by (lie Underwriter of the Preliminary Limited Offering Memorandum relating to the 1996 Bonds dated November 22, 1996, including the cover page and Appendices thereto (the "Preliminary Limited Offering Memorandum ") prior to the date hereof, and authorizes the use by the Underwriter of the final Limited Offering Memorandum with respect to the 1996 Bonds dated the date hereof, including the cover page and Appendices thereto (the "Limited Offering Memorandum "), including any supplements or amendments thereto, and the information contained therein, and any other documents furnished by the District, in connection with the offering and sale of the 1996 Bonds. FTL:192717:4 2 16G 5. Definilions. For purposes hereof, this Purchase Contract, the Indenture, the Continuing Disclosure Agreement (hereinafter defined), the DTC Letter of Representations (hereinafter defined) and the Acquisition Agreement dated as of December 12, 1996 between the District and the Developer (the "Acquisition Agreement ") are referred to herein collectively as the "Financing Documents." 6. Rcpresentations Warranties and Agreements. The District hereby represents, warrants and agrees as follows: (a) The Board is the governing body of the District and the District is and will be at the Closing Date duly organized and validly existing as a local unit of independent special- purpose government created and established pursuant to the Constitution and laws ol* the State of Florida, including the Act; (b) The District has full legal right, power and authority to: (i) adopt the Resolution and the Assessment Resolution; (it) enter into the Financing Documents; (iii) sell, issue and deliver the 1996 Bonds to the Underwriter as provided herein; (iv) apply the proceeds of the sale of the 1996 Bonds for the purposes described in the Limited Offerine Memorandum, (v) authorize the distribution of the Preliminary Limited Offering Memorandum and execute the Limited Offering Memorandum; and (vi) carry out and consummate the transactions contemplated by the Resolution, the Financing Documents, and the Limited Offering Memorandum. The District has complied, and at the Closing will be in compliance in all respects, with the terms of the Act and with the obligations on its part contained in the Financing Documents and the 1996 Bonds; (c) At meetings of the Board that were duly called and noticed and at which a quonrm was present and acting throughout, the Board duly adopted the Resolution and the Assessment Resolution, and same are in full force and effect and have not been supplemented, amended, modified or repealed. By all necessary official Board action, the District has duly authorized and approved the execution and delivery cf the Fihancing Documents, the 1996 Bonds and the Limited Offering Memorandum, has duly authorized and approved the performance by the District of the obligations on its part contained in the Financing Documents and the 1996 Bonds and the consummation by it of all other transactions contemplated by this Purchase Contract in connection with the issuance of the 1996 Bonds. Upon execution and delivery by the District and the Trustee, the Indenture will constitute a legal, valid and binding obligation of the District, enforceable in accordance with its terms, subject only to applicable bankruptcy, insolvency, and similar laws affecting creditors' rights and subject, as to enforceability, to general principles of equity (regardless ol' whether enforcement is sought in a proceeding in equity or at law). Upon execution by the District and the other parties thereto each of the DTC Letter of Representation, the Continuing Disclosure Agreement and the Acquisition Agreement will constitute the legal, valid and binding obligations of the District, enforceable in accordance with their terms, subject only to applicable bankruptcy, insolvency and similar laws affecting creditors' rights eTL:152717:4 16G and subject, as to enforceability, to general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law) and will be in full force and effect, (d) To the best of its knowledge, the District is not in material breach of or material default under any applicable provision of the Act or any applicable constitutional provision, statute or administrative regulation of the State of Florida (the "State ") or the United States of' America or any applicable judgment or decree, or any loan agreement, indenture, bond, note, resolution, agreement, or other material instrument to which the District is a party or to which the District or any of its property or assets is otherwise subject, and no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a material default or material event of default under any such instrument; and the execution and delivery of the 1996 Bonds, the Financing Documents and the Limited Offering Memorandum and the adoption of the Resolution and the Assessment Resolution, and compliance with the provisions on the District's part contained therein, will not conflict with or constitute a material breach of or material default under any applicable constitutional provision, law, administrative regulation, judgment, decree, loan agreement, indenture, bond, note, resolution, agreement, or other instrument to which the District is a party or to which the District or any of its property or assets is otherwise subject, nor will any such execution, delivery, adoption, or compliance result in the creation or imposition of any lien, charge, or other security interest or encumbrance of any nature whatsoever upon any of the property or assets or under the terms of any such law, regulation or instrument, except as provided by the 1996 Bonds and the Indenture. To the best of its knowledge, no event has occurred which, with the lapse of time or the giving of notice, or both, would constitute an event of default (as therein defined) under the 1996 Bonds or the Financing Documents, (e) All authorizations, approvals, licenses, permits, consents and orders of' any governmental authority, legislative body, board, agency or commission having jurisdiction of the matters which are required for the due authorization by, or which would constitute a condition precedent to, or the absence of which would materially adversely affect, the due performance by the District of its obligations to issue the 1996 Bonds, or under the 1996 Bonds or the Financing Documents have been duly obtained, except for such approvals, consents and orders as may be required under the Blue Sky or securities laws of any state in connection with the offering and sale of the 1996 Bonds; (0 The descriptions of the 1996 Bonds, the Financing Documents and the 1996 Project in the Preliminary Limited Offering Memorandum and Limited Offering Memorandum conform in all material respects to the 1996 Bonds, the Financing Documents and the 1996 Project; (g) The 1996 Bonds, when issued, executed and delivered in accordance with the Indenture and when sold to the Underwriter as provided herein, will be validly issued and outstanding obligations of the District, entitled to the benefits of the Indenture and F'TL:152717:4 16G upon such issuance, execution and delivery of the 1996 Bonds, the Indenture will provide, for the benefit of the holders from time to time of the 1996 Bonds, a legally valid and binding pledge of and first lien on the Pledged Revenues. At Closing, all conditions precedent to the issuance of the 1996 Bonds set forth in the Indenture will have been complied with or fulfilled; (h) As of the date hereof, there is no claim, action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, government agency, public board or body, pending or, to its best knowledge, threatened against the District: (i) contesting; the corporate existence or powers of the Board or the titles of the respective of'ficcrs of the Board to their respective offices; (ii) affecting or seeking to prohibit, restrain or enjoin the sale, issuance or delivery of the 1996 Bonds or the application of the proceeds of the sale thereof for the purposes described in the Limited Offering Memorandum or the collection of 1996 Assessments or the pledge of and lien on the Pledged Revenues pursuant to the Indenture; (iii) contesting or affecting specifically as to the District the validity or enforceability of the Act or any action of the District in any respect relating to authorization for the issuance of the 1996 Bonds, or the authorization of the 1996 Project, the Resolution, the Assessment Resolution, the Financing Documents, or the application of the proceeds of the 1996 Bonds for the purposes set forth in the Limited Offering Memorandum; (iv) contesting the federal or State tax status of the 1996 Bonds; or (v) contesting the completeness or accuracy of the Preliminary Limited Offering Memorandum or the Limited Offering Memorandum or any supplement or amendment thereto; (i) The District will furnish such information, execute such instruments and take such other action in cooperation with the Undervrriter as the Underwriter may reasonably request in order to: (1) qualify the 1996 Bonds for offer and sale under the Blue Sky or other securities laws and regulations of such states and other jurisdictions of the United States as the Underwriter may designate; and (2) determine the eligibility of the 1996 Bonds for investment under the laws of such states and other jurisdictions, and the District will use its best efforts to continue such qualifications in effect so long as required for the initial offering and distribution of the 1996 Bonds; provided, however, that the District shall not be required to execute a general or special consent to service of process or to qualify to do business in connection with any such qualification or determination in any jurisdiction; 0) As of its date and (unless an event occurs of the nature described in paragraph (1) of this Section 6) and at all times subsequent thereto, up to and including the Closing Date, the statements and information contained in the Preliminary Limited Offering Memorandum and the Limited Offering Memorandum are and will be accurate in all material respects for the purposes for which their use is authorized and do not and will not contain any u1ltn1e statement of a material fact or omit to state a material fact necessary to make the statements made therein, in the light of the circumstances tinder which they were made, not misleading; provided, however, that no representation is made concerning information contained in the Preliminary Limited Offering Memorandum and the Limited Offering FTL:192717:4 5 1bG Memorandum under the captions "DESCRIP,riON OF TI iE SERIES 1996 BONDS - Book - Entry -Only System ", "THE DEVELOPER" and "THE DEVELOPMENT "; (k) If the Limited Offering Memorandum is supplemented or amended pursuant to subsection ( I ) of this Section 6, at the time of each supplement or amendment thereto and (unless subsequently again supplemented or amended pursuant to such paragraph) at all times subsequent thereto up to and including the Closing Date, the Limited Offering Memorandum as so supplemented or amended will not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in the light of' the circurnstances under which they were made, not misleading; provided, however, that no representation is made concerning information contained in the Limited Offering Memorandum under the captions "DL'•SCRIPTiON OF THE 1996 BONDS - Book - Entry -Only System," "THE DEVELOPER" and "THE DEVELOPMENT"; (1) If between the date of this Purchase Contract and the earlier of (i) ninety (90) days from the end of' the "Underwriting Period" as defined in Securities Exchange Commission Rule 15c2 -12 (17 CFR 240.15c2 -12) ( "Rule 15c2 -12 "), or (ii) the time when the Limited Offering Memorandum is available to any person from a nationally recognized municipal securities information repository (but in no event less than twenty -five (25) days following the end of the Underwriting Period), any event shall occur, of which the District has actual knowledge, which might or would cause the Limited Offering Memorandum, as then supplemented or amended, to contain any untrue statement of a material fact or to omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, the District shall notify the Underwriter thereof, and, if in the opinion of the Underwriter such event requires the preparation and publication of a supplement or amendment to the Limited Offering Memorandum, the District will at its expense supplement or amend the Limited Offering Memorandum in a form and in a manner approved by the Underwriter; (m) As of its date, the Preliminary Limited Offering Memorandum is hereby deemed final by the District for purposes of Rule 15c2 -12. The District shall provide to the Underwriter, within a sufficient time period for final Limited Offering Memoranda to accompany confirmations delivered by the Underwriter to potential investors in accordance with Rules G -32 and G -36 and all other applicable rules of the Municipal Securities Rulemaking Board ( "MSRB "), but in no event later than seven (7) business days following the date hereof, a quantity of Limited Offering Memoranda adequate to enable the Underwriter to meet the continuing obligations imposed on it by Rule 15c2 -12 and the rules of the MSRB. This covenant shall survive the Closing; (n) Except as disclosed in the Limited Offering Memorandum, there has been no material adverse change in the financial position, results of operations or condition, financial or otherwise, of the District, and the District has not incurred liabilities that would materially adversely affect its ability to discharge its obligations under the Resolution, the FTL:192717.4 6 1bG Assessment Resolution, the 1996 Bonds or the Financing Documents, direct or contingent, other than as set forth in or contemplated by the Limited Offering Memorandum; (o) The District has not and is not now in default in the payment of the principal of or the interest on any governmental security issued or guaranteed by it after December 31, 1975 which would require the disclosure pursuant to Section 517.051, Florida Statutes or Rule 3E- 400.003 of the Florida Department of Banking and Finance; (p) The District has not been notified of any listing or the proposed listing of the District by the Internal Revenue Service as an issuer whose arbitrage certifications may not be relied upon, and (q) Any certificate signed by any official of the District and delivered to the Underwriter will be deemed to be a representation by the District to the Underwriter as to the statements made therein. 7. Closine. At 10:00 a.m. prevailing time on December 12, 1996, or at such earlier or later time as may be mutually agreed upon by the District and the Underwriter, the District will, subject to the terms and conditions hereof, deliver to the Underwriter, the 1996 Bonds in definitive form, duly executed and authenticated, together with the other documents hereinafter mentioned, and, subject to the terms and conditions hereof, the Underwriter will accept such delivery and pay the purchase price of the 1996 Bonds as set forth in Section I hereof, in federal or other immediately available funds to the order of the District. Delivery of the 1996 Bonds as aforesaid shall be made at the offices of The Depository Trust Company, New York, New York, or at such other place as may be mutually agreed upon by the District and the Underwriter. The 1996 Bonds shall be typewritten, shall be prepared and delivered as fully registered bonds in book -entry only form, with one denomination for each maturity, registered in the name of Cede & Co. and shall be made available to the Underwriter at least one (1) business day before the Closing for purposes of inspection and packaging, unless otherwise agreed by the District and the Underwriter. 8. Closine Conditions. The Underwriter has entered into this Purchase Contract in reliance upon the representations and warranties of the District contained herein, and in reliance upon the representations and warranties to be contained in the documents and instruments to be delivered at the Closing and upon the performance by the District of its obligations hereunder, both as of the date hereof and as of the date of the Closing. Accordingly, the Underwriter's obligations under this Purchase Contract to purchase, to accept delivery of and to pay for the 1996 Bonds are conditioned upon the performance by the District of its obligations to be performed hereunder and under such documents and instruments at or prior to the Closing, and are also subject to the following additional conditions: (a) The representations and warranties of the District contained herein shall be true, complete and correct, on the date hereof and on and as of the Closing Date, as if made on the Closing Date; FTL:192717:4 7 16G (b) At the time of the Closing, the Resolution, the Assessment Resolution, the 1996 Bonds, the Financing Documents and the Acquisition Agreement shall each be in full force and effect in accordance with their respective terms and the Resolution, the Assessment Resolution, the Indenture and the Limited Offering Memorandum shall not have been supplemented, amended, modified or repealed, except in any such case as may have been agreed to by the Underwriter; (c) At or prior to the Closing, the Underwriter and the District shall have received each of the following: (l) The Limited Offering Memorandum and each supplement or aendment, if any, thereto, executed on behalf of the District by the Chainnan of the mBoard; (2) A copy of the Resolution and the Assessment Resolution certified by the Secretary of the Board under seal as having been duly adopted by the Board of the District and as being in full force and effect, with only such supplements or amendments as may have been agreed to by the Underwriter; (3) Executed copies of the Indenture; (4) The opinion, dated the Closing Date and addressed to the District, of Nabors, Giblin & Nickerson, P.A., Bond Counsel to the District, in substantially the form included in the Limited Offering Memorandum as Appendix C, together with a letter of such counsel, dated the Closing Date and addressed to the Underwriter, to the effect that the foregoing opinion addressed to the District may be relied upon by the Underwriter to the same extent as if such opinion were addressed to them; (S) The opinion dated the date of the Closing and addressed to the District and the Underwriter, of Bond Counsel, in the form annexed as Exhibit C hereto; (6) The opinion, dated the Closing Date and addressed to the District, Bond Counsel and the Underwriter of Young, van Assenderp & Varnadoe, P.A., counsel to the District, substantially in the form annexed as Exhibit D hereto; (7) An opinion dated the Closing Date and addressed to the Underwriter of Ruden, McClosky, Smith, Schuster & Russell, P.A., counsel to the Underwriter in form and substance satisfactory to the Underwriter; FTL:192717:1 (8) An opinion, dated the Closing Date and addressed to the Underwriter, the District and Bond Counsel, of counsel to the Trustee, in form and substance acceptable to the Underwriter and a customary authorization and incumbency certificate, dated the date of Closing, signed by authorized officers of the Trustee; (9) A certificate of the Developer, dated the Closing Date, in substantially the form of the certificate included herein as Exhibit E, an opinion of counsel and /or special counsel to the Developer in substantially the form included herein as Exhibit F, and a certificate of the Developer's engineer in substantially the form of the certificate included herein as Exhibit G; (10) A certificate, dated the Closing Date, signed by the Chairman or Vice- Chairman and the Secretary or an Assistant Secretary of the Board, setting forth that: (i) each of the representations of the District contained in Section 6 hereof was true and accurate in all material respects on the date when made, has been true and accurate in all material respects at all times since, and continues to be true and accurate (to the best of their knowledge and belief where applicable) in all material respects on the Closing Date as if made on such date; (ii) the District has performed all obligations to be performed hereunder as of the Closing Date; and (iii) the District has never been in default as to principal or interest with respect to any obligation issued or guaranteed by the District; (11) A customary signature and no litigation certificate, dated the date of Closing, signed on behalf of the District by the Chairman or Vice - Chairman and Secretary or an Assistant Secretary of the Board; (12) Evidence of compliance by the District with the requirements of Section 189.4085, Florida Statutes; (13) A copy of each of the executed DTC Letter of Representations entered into between the District and The Depository Trust Company, New York, New York (the "DTC Letter of Representations "), the Continuing Disclosure Agreement entered into by the District and the Developer (the "Continuing Disclosure Agreement ") and the Acquisition Agreement, each in form and substance satisfactory to the Underwriter; (14) executed copies of the District's certification as to arbitrage and other matters relative to the tax status of the 1996 Bonds under Section 148 of the Internal Revenue Code of 1986, as amended; FTL:192717:4 16G (15) a certificate from the District's Consulting Engineer, in substantially the form attached hereto as Exhibit H dated the date of Closing and addressed to the District and the Underwriter; (16) a certificate of Fishkind & Associates, in substantially the form attached hereto as Exhibit I;' (17) a copy of an owner's title insurance policy issued by a nationally recognized title insurance company with respect to the lands in the District owned by the Developer or with respect to which the Developer has a purchase option, updated through a date that is acceptable to the Undenwiter, showing only such encumbrances and exceptions as are satisfactory to the Underwriter and evidencing that all accrued, due and unpaid taxes on such lands owned by the 'Developer have been satisfied in full, among other matters (notwithstanding anything to the contrary set forth herein, said policy shall be delivered no later than five [51 business days prior to the Closing); (18) evidence of recording of acknowledgment of 1996 Assessments and waiver of prepayment rights by landowner; (19) such additional documents as may be required by the Indenture to be delivered as a condition precedent to the issuance of the 1996 Bonds; (20) copies of every other certificate, agreement or document delivered to Bond Counsel in connection with the issuance, sale or delivery of the 1996 Bonds; and (21) such additional legal opinions, certificates, instruments and other documents as the Underwriter may reasonably request to evidence the truth and accuracy, as of the date hereof and as of the date of the Closing, of the District's representations and warranties contained herein and of the statements and information contained in the Limited Offering Memorandum and the due performance or satisfaction by the District on or prior to the date of the Closing of all the agreements then to be performed and conditions then to be satisfied by it; If the District shall be unable to satisfy the conditions to the obligations of the Underwriter to purchase, to accept delivery of and to pay for the 1996 Bonds contained in this Purchase Contract, or if the obligations of the Underwriter to purchase, to accept delivery of and to pay for the 1996 Bonds shall be terminated for any reason permitted by this Purchase Contract, this Purchase Contract shall terminate and neither the Underwriter nor the District shall be under any further obligation hereunder, except that the respective obligations of the District FTL:192717:4 10 16G ' and the Underwriter set forth in Section 10 hereof shall continue in full force and effect. 9. Termination. The Underwriter shall have the right to terminate its obligations under this Purchase Contract to purchase, to accept delivery of and to pay for the 1996 Bonds by notifying the District of' its election to do so if, after the execution hereof and prior to the Closing: (1) legislation shall have been introduced in or enacted by the Congress of the United States or enacted by the State, or legislation pending in the Congress of the United States shall have been amended, or legislation shall have been recommended to the Congress of the United States or otherwise endorsed for ;passage (by press release, other form of notice or otherwise) by the President of the United States, the Treasury Department of the United States, the Internal Revenue Service or the Chairman or ranking minority member of the Committee on Finance of the United States Senate or the Committee on Ways and Means of the United States House of Representatives, or legislation shall have been proposed for c6nsideration by either such Committee, by any member thereof, or legislation shall have been favorably reported for passage to either blouse of Congress of the United States by a Committee of such I louse to which such legislation has been referred for consideration, or a decision shall have been rendered by a court of the United States or the State, including the Tax Court of the Unitcd States, or a ruling shall have been made or a regulation shall have been proposed or made or a press release or other form of notice shall have been issued by the Treasury Department of the United States, or the Internal Revenue Service or other Federal or State authority, with respect to Federal or State taxation upon revenues or other income of the general character to be derived by the District or by any similar body, or upon interest on obligations of the general character of the 1996 Bonds, which may have the purpose or effect, directly or indirectly, of materially and adversely affecting the tax status of the District, its property or income, its securities (including the 1996 Bonds) or the interest thereon, or any tax exemption granted or authorized by the State or, which in the opinion of the Underwriter, affects materially and adversely the market for the 1996 Bonds, or the market price generally of obligations of the general character of the 1996 Bonds; or (ii) the United States shall have become engaged in hostilities which have resulted in a declaration of war or a national emergency or other unforeseen national or international calamity shall have accelerated to such an extent as, in the opinion of the Underwriter, affects materially and adversely the market for the 1996 Bonds, or the market price generally of obligations of the general character of the 1996 Bonds; or (iii) there shall have occurred a general suspension of trading on the New York Stock Exchange or the declaration of a general banking moratorium by United States, New York State or State authorities; or (iv) the District has, without the prior written consent of the Underwriter, offered or issued any bonds, notes or other obligations for borrowed money, or incurred any material liabilities, direct or contingent, or there has been an adverse change of a material nature in the financial position, results of operations or condition, financial or otherwise, of the District, other than in the ordinary course of its business; or (v) any event shall have occurred or shall exist which, in the reasonable opinion of the Underwriter, would or might cause the information contained in the Limited Offering Memorandum, as then supplemented or amended, to contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. FTL:19271 1.1 11 16& , (a) The Underwriter shall be under no obligation to pay, and the District 311 pay, any expense incident to the performance of the District's obligations hereunder Auding, but not limited to: (i) the cost of preparation, printing and delivery of the eliminary Limited Offering Memorandum and the Limited Offering Memorandum in isonable quantities (but in no event less than as may be required by Section 6(m) hereof); ) the cost of preparation, printing and delivery of any supplements and amendments to the mited Offering Memorandum; (iii) the cost of preparation and printing of the 1996 Bonds; t) the fees and disbursements of Bond Counsel and counsel to the District; (v) the fees and sbursements of the District Manager; (vi) the fees and disbursements of any engineers, countants, and other experts, consultants or advisors retained by the District; and (vii) the I s and expenses of any Trustee, Paying Agent and Bond Registrar, and of their respective iunsel, if any. (b) The Underwriter shall pay: (i) the cost of preparation and printing of is Purchase Contract; and (ii) all other expenses incurred by it in connection with the public 'fering of the 1996 Bonds, including the fees and disbursements of counsel retained by it. 1. Notices. Any notice or other communication to be given to the District under this Purchas Contract may be given by delivering the same in writing to the District Manager at 10300 N. W. 11 Manor, Coral Springs, Florida 33071, and any notice or other communication to be given to the U derwriter tinder this Purchase Contract may be given by delivering the same in writing to Prager, cCarthy & Sealy, 200 South Orange Avenue, Suite 1900, Orlando, Florida 32801, Attentio : Doug Sealy, Managing Director. 2. Parties In Interest; Survival of Representations. This Purchase Contract is made solely f r the benefit of the District and the Underwriter (including the successors or assigns of the Uncle 'ter) and no other person shall acquire or have any right hereunder or by virtue hereof. All of the D strict's representations, warranties and agreements contained in this Purchase Contract shall remain perative and in full force and effect, regardless of. (i) any investigations made by or on behalf the Underwriter; and (ii) delivery of and payment for the 1996 Bonds pursuant to this Purchas Contract. 3. Effectiveness. This Purchase Contract shall become effective upon the execution by the app opriate officials of the District and shall be valid and enforceable at the time of such accept ce. To the extent of any conflict between the provisions of this Purchase Contract and any prior co tract between the parties hereto, the provisions of this Purchase Contract shall govern. V. Headings. The headings of the sections of this Purchase Contract are inserted for conven nce only and shall not be deemed to be a part hereof. FTL:192717:1 12 15. Condition Subsea tt ent. The District acknowledges that it shall be an express condition subsequent to the Closing that the District take all actions required by applicable law to re- adopt, modify or amend the Assessment Resolution as necessary to accomplish the following: (i) reflect the debt service schedule for the 1996 Bonds as shown under the heading "DEBT SERVICE REQUIREMENTS ";in the Limited Offering Memorandum and reflect that the 1996 Assessments will be levied at times and in amounts sufficient to enable the District to pay debt service on the 1996 Bonds when due; and (ii) to provide that if any owner of land in the District determines to exercise its statutory right to prepay 1996 Assessments remaining due at any time subsequent to thirty (30) days after completion and acceptance of the 1996 Project, such prepayment will include an amount equal to the interest that would otherwise be due on such balance on the next succeeding Interest Payment Date for the 1996 Bonds or, if prepaid during the forty -five (45) day period preceding such Interest Payment Date, on the second succeeding Interest Payment Date. The District covenants to take the foregoing action as soon as practicable following Closing, but in no event later than March 1, 1997. Upon completion of such action, the District shall deliver to the Underwriter an opinion of its counsel reaffirming its opinion in Paragraph 8 of Exhibit D hereto. 16. Amendment. No modification, alteration or amendment to this Purchase Contract shall be binding upon any party until such modification, alteration or amendment is reduced to writing and executed by all parties hereto. 17. Governing Law. The laws of the State of Florida shall govern this Purchase Contract. 18. ounter arts_. This Purchase Contract may be signed in any number of counterparts with the same effect as if the signatures thereto and hereto were signatories upon the same instrument. Accepted and agreed to this 9th day of December, 1996 FTL:192717:4 13 Very truly yours, PRAGER, McCARTHY & SEALY 13y: Managing Director NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT By: Chairman, Board of Supervisors PRAGER, MCCARTHY & SEALY i6c TRUTH -IN- BONDING STATEMENT December 9,1996 Naples Heritage Community Development District Collier County, Florida Re: $16,430,0(X) Naples Heritage Community Development District Capital Improvement Revenue Bonds, Series 1996 In connection with the proposed issuance by Naples Heritage Community Development District (the "District') of $16,430,000 aggregate principal amount of Capital Improvement Revenue Bonds, Series 19% (the "Bonds "), Prager, McCarthy & Sealy, Orlando, Florida (the - Underwriter ') is underwriting a limited offering of the Bonds pursuant to a Contract of Purchase (the "Purchase Contract-) dated December 9, 1996, between the Underwriter and the District. The purpose of this letter is to furnish, pursuant to the provisions of Sections 218.385(2) and (3), r prida StatuLc, %-as amended,'the truth -in- bonding statement required thereby, as follows: (a) The District is proposing to issue $16,430,000 of the Bonds for the purpose of providing morays (i) for the acquisition, construction, installation and equipping of roadways, potable water and wastewater collection /transmission and irrigation systems, earthwork, stormwater management, parks and security and wetland mitigation; (ii) to pay capitalized interest on the Bonds for a period of approximately 17 months, (iii) to make a deposit to the aedit of the Debt Stervice Reserve Fund, and (iv) to pay certain costs of issuance with respect to the 3onds, as more fully described in the Purchase Contract. This debt or obligation is expected to be repaid over a period of fifty -nine (59) the (inclusive of capitalized interest). At an interest rate (based upon current market conditions) of six a three- twentieths percent (6.15 %) for those Bonds maturing on November 1, 2001, total interest paid over the fife of the debt or obligation (less accrued interest) will be $4,838,439.04 (b) The source of repayment for the Bonds is Special Assessments imposed and collected by the District. Based solely upon the assumptions set forth in (a) above, the issuance of the Bonds will result in approximately $21,268,439.04 (without accrued interest) of the District's revenues not being available to the ;t District to finance other services of'the District; provided, however, that in the event that the Bonds were not issued and the improvements were not made to the District, the District would not be entitled to impose and collect the Special Assessments in the amount of the interest to be paid on the t Bonds. The foregoing is provided for information purposes only and shall not affect or control the actual tern's and conditions of the Bonds. Sincerely, PRAGER, MCCARTHY &SEALY Susan Neunaber C Vice President 4 f 5 1'xnut:x, i�1� ;(in><'rttY & 1 December 9, 1996 Board of Supervisors Naples Heritage Community Development District 10300 Northwest 11th Manor Coral Springs, FL 33071 Re: $16,430,000 Naples Heritage Community Development District Capital Improvement Revenue Bonds. Series 1996 Dear Gentlemen: Pursuant to Chapter 21 .385, Florida Statutes and with respec to the issuance of the above - referenced bonds (the "Bonds "), PRAGER, MCCARTHYI& SEALY (the "Underwriter "), having agreed to purchase the Bonds pursuant- to a bond purchase agreement dated as of December 9, 1996 (the "Bond .� Agreement ") between the Underwriter and Naples Heritage Community Dev opment District (the "District "), makes the following disclosures in connection with Re public offering and sale of the Bonds: 1. The total underwriting discount paid to the Underwriter pursuant to the Bond Purchase Agreement is $246,450.00 (15%). 2. The total amount of expenses estimated to be incurred by the Under- writer in connection with the issuance of the Bonds is $29,574.00. An itemization of these expenses is attached hereto as Exhibit A. 3. There are no ",finders" as such term is used in Sections 218385 and 218.386, El oricia Statutes. in connection with the issuance of the Bonds. There are no other fees, bonuses, or other compensation by the Underwriter i.n connection with the Bonds to any person not regularly employed by the Underwriter. The components of the Underwriter's discount are as follows: Management Fee: $4.20 /$1,000 or $69,006.00 Risk: $1.00 /$1,000 or $16,430.00 Takedown: $8.00/$1,000 or $131,440.00 Expenses: $1.80/$1,000 or $29,574.00 5. There are no other fees, bonuses, or other compensation estimated to be paid by the Underwriter in connection with the Bonds to any person not regularly employed or retained by the Underwrit?r, except the fees of Ruden, McClosky, et.al, counsel to the Underwriter, in an amount not to exceed $20,000. 1'xnc;r.K, M•:Ct"'"llx Cl SI'.A"r Board of Supervisors of Naples Heritage Community Development District December 9, 1996 Page 2 ,t • LL, . 5. The addreskof the Underwriter is: pRAGER, MCCARTHY & SEALY 200 South Orange Avenue, Suite 1900 Orlando, Florida 32801 Sincerely, Susan Neunaber Vice President e ti ', 16 r 1'xntir.x� trt. C ;.�nri�v e'.1" �ir.n�.v EXHIBIT A $16,430,000 Naples Heritage Com munity Development District Capital Improvement Revenue Bonds, Series 1996 Undewriter's Counsel $20,000.00 $2-500.00 Travel Expenses $1,700.00 Communication $1,200.00 Clearance PSA / MSRB / DTC $986.00 . Lila" Computer Total $29,574.00 1�G I E.XHIt3[T C BOND COUNSEL'S SUPPLEMENTAL OPINION December 12, 1996 Naples Heritage Community Development District Collier County, Florida Prager, McCarthy & Sealy Orlando, Florida 16G Re: S16,430,000 Naples 1 ieritage Community Development District (Coiiier County, Florida) Capital Improvement Revenue Bonds, Series 1996 Ladies and Gentlemen: r [Customary introduction/qualifications] I . It is not necessary in connection with the sale of the 1996,Bonds to register the 1996 Bonds under the Securities Act of 1933, as amended, or to qualify the Indenture under the Trust Indenture Act of 1939, as amended. 2. The statements set forth in the Preliminary Limited Offering Memorandum and the Limited Offering Memorandum relating to the 1996 Bonds under the headings, "Description of the 1996 Bonds" (except for the section thereunder entitled "Book -Entry-Only System "), "Security for and Sources of Payment of the 1996 Bonds," "Tax Matters," "Agreement by the State," "Legality for Investment," "Continuing Disclosure," and in "Appendix B - The Indenture ", insofar as such information purports to describe or summarize certain provisions of the Indenture, the 1996 Bonds .-nd the provisions of the Intemal Revenue Code of 1986, as amended, as of this date, are fair and accurate descriptions or summaries of such provisions. Very truly yours, r NABORS, GIBLIN & NICKERSON, P.A. FTL:192717.4 Exhibit C - 1 ISSUER'S COUNSEL'S OPINION December 12, 1996 Naples Heritage Community Development District Collier County, Florida Prager, McCarthy & Sealy Orlando, Florida Re: $16,430,000 Naples Heritage Community Development District (Collier County, Florida) Capital Improvement Revenue Bonds, Series 1996 Ladies and Gentlemen: [Customary introduction/qualifications] 16G 1. The Bond Purchase Contract, the Indenture, the Continuing Disclosure Agreement, the DTC Letter of Representation and the Acquisition Agreement (the "Financing Documents ") have been duly authorized, executed and delivered, rnd constitute legal, valid and binding agreements of the District, enforceable in accordance with their respective terms, except to the extent that the enforceability of the rights and remedies set forth therein may be limited by bankruptcy, insolvency, and similar laws affecting creditors' rights generally and general principles of equity. Such documents are in full force and effect on the date hereof. 2. There is no litigation or other proceeding now pending, or to our best knowledge threatened: (a) contesting the existence or powers of the board or the titles of the respective officers of the Board to their respective offices; (b) affecting or seeking to prohibit, restrain or enjoin the sale, issuance or delivery of the 1996 Bonds or the application of the proceeds of the sale thereof for the purposes described in the Limited Offering Memorandum or the collection of 1996 Assessments or the pledge of and lien on the Pledged Revenues pursuant to the Indenture; (c) contesting or affecting specifically as to the District the validity or enforceability of the Act or any action of the District relating to authorization rMil93717 " Exhibit D - 1 16G Naples Heritage Community Development District Prager, McCarthy & Sealy December 12, 1996 Page 2 for the issuance of the 1996 Bonds or the authorization of the 1996 Project, the Resolution, the Assessment Resolution, the Financing Documents or the application of the proceeds of the 1996 Bonds for the purposes set forth in the Limited Offering Memorandum; (d) specifically contesting the federal or state tax status of the 1996 Bonds; or (e) contesting the completeness or accuracy of the Preliminary Limited Offering Memorandum or the Limited Offering Memorandum or any supplement or amendment thereto. 3. The District has duly authorized, executed, and delivered the Preliminary Limited Offering Memorandum and Limited Offering Memorandum. 4. Based upon our limited participation of the preparation of the Preliminary Limited Offering Memorandum and Limited Offering Memorandum as counsel to the District, we have no reason to believe that only those statements and information in the Limited Offering Memorandum expressly under the captions "SECURITY FOR AND SOURCES OF PAYMENT OF THE 1996 BONDS" -- sub- captions Enforcement of Payment of Assessments, Prepayment of Assessments and Adjustments to Assessments, and the captions (and all subheadings thereunder) "THE ISSUER AND THE DISTRICT," "LITIGATION" and "ASSESSMENT METHODOLOGY," are not true and accurate and as of its date did not, and as of the date of Closing do not, contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements, in light of the circumstances under which they were made, not misleading; provided, however, that we have not undertaken to determine independently the accuracy or completeness of the statements contained in the section entitled "THE ISSUER AND THE DISTRICT" -- caption The District Manager. Based upon our limited participation in the preparation of the Limited Offering Memorandum as counsel to the District, the statements contained in the Limited Offering Memorandum under the caption "ENFORCEMENT OF ASSESSMENT COLLECTIONS" are a fair and accurate summary of the law. 5. To the'best of our knowledge, the District is not in breach of or default under any applicable provision of the Act or constitutional provision, statute, or administrative regulation of the State or the United States or any applicable judgment or decree or any loan agreement, indenture, bond, note, resolution, agreement or other material instrument to which the District is a party or to which the District or any of its property or assets is otherwise subject, and no event has occurred and is continuing which with the passage of time or the giving of notice, or both, would constitute a material default or material event of default by the District under any such instrument. M: 192717:4 Exhibit D - 2 16G Naples Heritage Community Development District Prager, McCarthy & Sealy December 12, 1996 Page 3 6. To the best of our knowledge, the execution and delivery of the 1996 Bonds, the Financing Documents, and the adoption of the Resolution and the Assessment Resolution and compliance with the provisions on the District's part contained therein will not conflict with or constitute a breach of or default under any applicable constitutional provision, law, administrative regulation, judgment, decree, loan agreement, indenture, bond, note, resolution, agreement or other instrument to which the District is a party or to which the District or any of its property or assets is otherwise subject, nor will any such execution, delivery, adoption or compliance result in the creation or imposition of any lien, charge or other security interest or encumbrance of any nature whatsoever upon any of the property or assets of the District or under the terms of any such law, regulation or instrument, except as expressly provided by the 1996 Bonds and the Indenture. To the best of our knowledge, the District has taken no action which, with the lapse of time or the giving of notice, or both would constitute a material default or material event of default by the District under the 1996 Bonds or the Financing Documents. 7. The District has the right and authority under the Act and other state law to adopt the Resolution and the Assessment Resolution, to undertake the 1996 Project, and to levy the 1996 Assessments securing the 1996 Bonds, and has duly adopted the Resolution and the Assessment Resolution. 3. All proceedings undertaken by the District with respect to the 1996 Assessments securing the 1996 Bonds, including adoption of the Assessment Resolution, were undertaken in accordance with Florida law. The 1996 Assessments, as initially levied and as may be reallocated from time to time in accordance with the Assessment Resolution and the Financial Advisor's Assessment Methodology, constitute legal, valid, binding and enforceable liens upon the property against which such 1996 Assessments are assessed, co -equal with the lien of all county, district and municipal taxes, and superior in dignity to all other liens, titles and claims, until paid. Any reallocation of the Special Assessments pursuant to the True -Up Methodology described in the Financial Advisor's Assessment Methodology included as Appendix E to the Limited Offering Memorandum can be accomplished without additional proceedings of the Board. As the result of certain restrictions of record with respect to the lands in the District, no landowner in the District will have the right to exercise the prepayment right granted by Section 170.09, Florida Statutes to prepay the 1996 Assessments without interest within thirty days following the completion of the 1996 Project and the acceptance thereof by the District. PTL:197717:4 Exhibit D - 3 CERTIFICATE OF DEVELOPER December 12, 1996 Naples Heritage Community Development District Collier, Florida Prager, McCarthy & Sealy Orlando, Florida Re: $16,4430,000 Naples Heritage Community Development District (Collier County, Florida) Capital Improvement • Revenue Bonds, Series i996 Ladies and Gentlemen: [Customary introduction/qualifications] 16G 1. This Certificate is furnished pursuant to Section 8 of the Bond Purchase Contract dated December 9, 1996, between Naples Heritage Community Development District (the "District ") and Prager, McCarthy & Sealy relating to the sale of the above - captioned bonds (the "1996 Bonds "). Terms used herein in capitalized form and not otherwise defined herein shall have the meaning ascribed thereto in said Bond Purchase Contract. 2. The information contained in the Preliminary Limited Offering Memorandum dated November 22, 1996, and the Limited Offering Memorandum dated December 9, 1996, each relating to the 1996 Bonds under the captions "THE DEVELOPMENT" and the "THE DEVELOPER" is true and correct in all material respects and does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements, in light of the circumstances under which they were made, not misleading. 3. There is no litigation threatened or pending against the Developer which may result in any material adverse change in the business, properties, assets or financial condition of the Developer. rrL: 192717 ; 4 Exhibit E - 1 166 Naples Heritage Community Development District Prager, McCarthy & Sealy December 12, 1996 Page 2 4. As of the date hereof, there has been no material adverse change in the business, properties, assets or financial condition of the Developer which has not been disclosed to the Underwriter. 5. The Developer consents to the levy of the 1996 Assessments in connection with the 1996 Project on the lands in the District. 6. The Developer is duly organized and validly existing as a corporation under the laws of the State of Delaware, is in good standing under the laws of the State of Florida and is proceeding with reasonable speed in its normal course of business to develop and sell to the general public for residential use lands in the District to be served by the 1996 Project financed with the proceeds of the 1996 Bonds. 7. The Developer acknowledges that it will have no rights under Chapter 170, Florida Statutes, as amended, to prepay, without interest, the 1996 Assessments imposed on lands in the District within thirty (30) days following completion of the 1996 Project and acceptance thereof by the District. 8. The Developer has title to, and will convey to the District upon the issuance of the 1996 Bonds, Phase I of the 1996 Project pursuant to the Acquisition Agreement. 9. The Developer is obligated, pursuant to the Option Agreement, to pay the 1996 Assessments imposed on lands in the District owned by it or with respect to which it has a purchase option. The Option Agreement, the Acquisition Agreement and the Continuing Disclosure Agreement are in full force and effect as of the date hereof and no event has occurred, which, with the passage of time or giving of notice or both, would constitute an event of default thereunder. 10. All information provided by the Developer to the Underwriter for distribution to potential purchasers of the 1996 Bonds or provided directly to such potential purchasers by the Developer is true and correct in all material respects and does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements, in light of the circumstances under which they were made, not misleading. 11. The Developer acknowledges that the 1996 Bonds have the debt service requirements set forth under the heading "DEBT SERVICE REQUIREMENTS" in the Limited Offering Memorandum and that the 1996 Assessments will be levied by the District Mi 192717:4 Exhibit E - 2 166 Naples Heritage Community Development District Prager, McCarthy & Sealy December 12, 1996 Page 3 at times, and in amounts sufficient, to enable the District to pay debt service on the 1996 Bonds when due (the foregoing is referred to as the "Debt Service Acknowledgment "). The Developer agrees that in the event it transfers ownership of any lands in the District owned by it without first causing the lien of the 1996 Assessments to be extinguished with respect to such lands or transfers its rights in the Option Agreement it will obtain from any transferee and deliver to the District the Debt Service Acknowledgment. U.S. HOME CORPORATION Title: r[L:192717:{ Exhibit E - 3 OPINION OF DEVELOPER'S COUNSEL December 12, 1996 Naples Heritage Community Development District Collier County, Florida Prager, McCarthy & Sealy Orlando, Florida Re: $16,430,000 Naples Heritage Community Development District (Collier County, Florida) Capital Improvement Revenue Bonds, Series 1996 Ladies and Gentlemen: [Customary introduction/qualifications] 16G 1. The real property in the District has the appropriate land use and zoning to permit the Development to be undertaken as contemplated by the Limited Offering Memorandum dated December 9, 1996 relating to the 1996 Bonds (the "Limited Offering Memorandum ") and the Engineering Report dated , 1996 prepared by McAnly Engineering and Design, Inc. (the "Report"). All site plans and plats necessary to permit the Development to be undertaken as contemplated by the Limited Offering Memorandum and the Report have been obtained or are obtainable in due course. 2. Based on a review of the Title Policy (hereinafter defined) and without independent inquiry, title to the approximately acres of lands in the District either owned by the Developer or with respect to which it has a purchase option (the "Developer Lands ") is held in fee simple by the Developer or Clyde Quinby, trustee and is subject only to the liens, encumbrances, easements and agreements set forth in Title Insurance Policy No. _ issued by (the "Title Policy "). 3. The PUD dated 19_, as amended, relating to the Development permits the development of the Development as described in the Limited Offering rfL:192717:4 Exhibit F - 1 16G Naples Heritage Community Development District Prager, McCarthy & Sealy December 12, 1996 Page 2 Memorandum and the Report, is in full force and effect and no event has occurred which, with the lapse of time or the giving of notice, or both, would constitute a default thereunder. 4. The Developer is a corporation, duly organized and validly existing under the laws of the State of Delaware. The execution, delivery and performance by the Developer of the Option Agreement, Acquisition Agreement and the Continuing Disclosure Agreement are within the Developer's corporate powers and has been duly authorized by all appropriate corporate action. The ,Option Agreement, Acquisition Agreement and the Continuing Disclosure Agreement are the legal, valid and binding obligations of the Developer. enforceable in accordance with their terms and do not violate the Articles of Incorporation or Bylaws of the Developer. All such documents are in full force and effect as of the date hereof and no event has occurred, which, with the passage of time or giving of notice or both. would constitute an event of default thereunder. S. The levy of the 1996 Assessments on the lands in the District either owned by the Developer or with respect to which it has a purchase option will not conflict with or constitute a breach of or default under any agreement, indenture or other instrument to which the Developer is a party or to which the Developer or any of its property or assets is subject. 6. There is no litigation pending, or to the best of our knowledge, threatened. which would prevent or prohibit the development of the Development in accordance with the description thereof in the Limited Offering Memorandum and the Report. 7. There is no litigation pending, or to the best of our knowledge, threatened against the Developer which may result in any material adverse change in the respective business, properties, assets or financial condition of the Developer. 8. All material conditions of the PUD applicable to the Development have been complied with as of the date hereof and there are no conditions in the PUD that must be complied with in the future that would limit the development of the Development (including internal subdivision improvements and master infrastructure) as described in the Limited Offering Memorandum . 9. The Developer has not made an assignment for the benefit of creditors, filed a petition in bankruptcy, petitioned or applied to any tribunal for the appointment of a custodian, receiver or any trustee or commenced any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction. The Developer has not indicated its consent to, or approval of, or failed FTL:192717:4 Exhibit F - 2 16G Naples Heritage Community Development District Prager, McCarthy & Sealy December 12, 1996 Page 3 to object timely to, any petition in bankruptcy, application or proceeding or order for relicf or the appointment of a custodian, receiver or any trustee 10. 'rhe Developer is not in defactlt under any mortgage, trust indenture, lease or other instrument to which it is subject or by which any of its assets are bound, which default would have a material adverse effect on the 1996 Bonds or the Development. I 1 . 'file inlurmatiun conutined in the Preliminary Limited Offering Memorandum dated November 22, 1996, 96, ,md the I .imrtcd Offering Memorandum dated December 9, 1996, each relating to the 1996 [fonds under the captions "TILE DEVELOPMENT" and the "THE DEVELOPER" is true and correct in all matemil respects and does not contain any untrue statement of a material fact or omit to start a material fact necessary to make the statements, in light of the circumstances under which they were made, not misleading. Very truly yours, (Developer's Counsel) FTL:192717:4 Exhibit F - 3 1 FXHII3IT G CERTIFICATE OF DEVELOPER'S ENGINEER December 12, 1996 Naples Heritage Community Development District Collier County, Florida Prager, McCarthy & Scaly Orlando, Florida Re: $16,430,000 Naples Heritage Community Development District (Collier County, Florida) Capital 1ml:rovement Revenue Bonds, Series 1996 Ladies and Gentlemen: The undersigned has been engaged to provide engineering services to U.S. Home Corporation in connection with the master- planned community known as Naples Heritage (the "Development ") located in the Naples heritage Community Development District (the "District "). This Certificate is furnished pursuant to Section 8 of the Bond Purchase Contract dated December 9, 1996, between the District and Prager, McCarthy & Sealy relating to the sale of the above - captioned bonds (the "1996 Bonds "). Terms used herein in capitalized form and not otherwise defined herein shall have the meaning ascribed thereto in said Bond Purchase Contract or in the Limited Offering Memorandum dated December 9, 1996 relating to the 1996 Bonds (the "Limited Offering Memorandum "). To the best of our knowledge, after reasonable investigation, the governmental permits and approvals currently required to complete the infrastructure reflected in the Planned Unit Development Ordinance No. _ , as amended in 19_, necessary for the Development are in F'rL:192717: Exhibit G - 1 16G Naples Heritage Community Development District Prager, McCarthy & Sealy December 12, 1996 Page 2 place or are reasonably obtainable in the ordinary course. All material conditions of the PUD applicable to the Development have been complied with as of the date hereof and there are no conditions in the PUD that must be complied with in the future that would limit the development of the Development (including internal subdivision improvements and master infrastructure) as described in the Limited Offering Memorandum. McANLY ENGINEERING AND DESIGN, INC. Lin Title: FTL:192717:4 Exhibit G - 2 16G CERTIFICATE OF DISTRICT'S CONSULTING ENGINEER December 12, 1996 Naples Heritage Community Development District Collier County, Florida Prager, McCarthy & Scaly Orlando, Florida Re: $16,430,000 Naples Heritage Community Development District (Collier County, Florida) Capital Improvement Revenue Bonds, Series 1996 Ladies and Gentlemen: The undersigned serves as the Consulting Engineer to the Naples Heritage Community Development District (the "District "). This Certificate is furnished pursuant to Section 8 of the Bond Purchase Contract dated December 9, 1996 between the District and Prager, McCarthy & Sealy relating to the sale of the above - captioned bonds (the "1996 Bonds "). Terms used herein in capitalized form and not otherwise defined herein shall have the meaning ascribed thereto in said Bond Purchase Contract or in the Limited Offering Memorandum dated December 9, 1996 relating to the 1996 Bonds (the "Limited Offering Memorandum "). 1. The undersigned consents to the use in both the Preliminary Limited Offering Memorandum dated November 22, 1996, relating to the 1996 Bonds (the "Preliminary Limited Offering Memorandum ") and in the Limited Offering Memorandum of the Consulting Engineer's Report dated _, 1996, and consents to the references to the undersigned in the Preliminary Limited Offering Memorandum and the Limited Offering Memorandum. 2. Except as disclosed in the Preliminary Limited Offering Memorandum and the Limited Offering Memorandum, we know of no material change in the matters described in the Consulting Engineer's Report and we are of the opinion that the considerations and assumptions used in compiling the Consulting Engineer's Report are reasonable. FTL;192717:4 Exhibit H - 1 1 6 G Naples Heritage Community Development District Prager, McCarthy & Sealy December 12, 1996 Page 2 3. The Consulting Engineer's Report was prepared in accordance with generally accepted engineering practices. 4. All governmental approvals required to commence and complete construction, acquisition and installation of the 1996 Project have been obtained or are obtainable in due course. 5. In our opinion, the estimated costs of the 1996 Project set forth in the Consulting Engineer's Report to be financed with proceeds of the 1996 Bonds are reasonable estimates of the sums needed to complete the 1996 Project. 6. The information contained in the Preliminary Limited Offering Memorandum and the Limited Offering Memorandum under the caption "THE 1996 PROJECT" and in the Consulting Engineer's Report attached as Appendix A thereto did not, and does not, to the best of our knowledge, contain any untrue statement of a material fact and did not, and does not, omit to st�te a material fact necessary to be stated therein in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. WANLY ENGINEERING AND DESIGN, INC. By: Title: FTL:192717:4 Exhibit H - 2 16G CERTIFICATE: OF DISTRICT'S FINANCIAL ADVISOR December 12, 1996 Naples Heritage Community Development District Collier County, Florida Prager, McCarthy & Sealy Orlando, Florida Re: $16,430,000 Heritage Community Devc-lopment District (Collier County, Florida) Capital Improvement Revenue Bonds, Series 1996 Ladies and Gentlemen: The undersigned serves as Financial Advisor to the Naples Heritage Community Development District (the "District "). This Certificate is filmished pursuant to Section 8 of the Bond Purchase Contract dated December 9, 1996 between the District and Prager, McCarthy & Sealy relating to the sale of the above - captioned bonds (the "1996 Bonds "). Terms used herein in capitalized form and not otherwise defined herein shall have the meaning ascribed thereto in said Bond Purchase Contract or in the Limited Offering Memorandum dated December 9, 1996 relating to the 1996 Bonds (thc "Limited Offering Memorandum "), 1. The undersigned consents to the use of the Financial Advisor's Report dated in the Preliminary Limited Offering Memorandum dated November 22, 1996 relating to the 1996 Bonds and the use of the Financial Advisor's Report dated , 1996 in the Limited Offering Memorandum (the "Final Report ") and consents to the references to the undersigned in the Preliminary Limited Offering Memorandum and the Limited Offering Memorandum. 2. Except as disclosed in the Limited Offering Memorandum, we know of no material change in the matters described in the Final Report and we are of the opinion that the considerations and assumptions used in compiling the Final Report are reasonable. FTL:192717:4 Exhibit I - I 16G Naples Heritage Community Development District Prager, McCarthy & Scaly December 12, 1996 Page 2 3. The information contained in the Final Report, attached as Appendix E to the Limited Offering Memorandum did not, and does not, contain any untrue statement of a material fact and did not, and does not, omit to state a material fact necessary to be stated therein in order to make the statements made therein, in the light of the circumstances under which they were made, not misleading. 4. The 1996 Assessments, as initially levied, and as may be reallocated from time to time as permitted by the resolutions adopted by the District with respect to the 1996 Assessments, are sufficient to enable the District to pay the Debt Service on the 1996 Bonds through the final maturity thereof. FISHKIND & ASSOCIATES By: Title: FTL:192717:4 ' Exhibit I - 2 RESOLUTION NO. 97- /� A RESOLUTION APPROVING THE SALF. AND TERMS OF SALE OF SI6,430,000 NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT CAPITAL IMPROVEMENT REVENUE BONDS, SERIES 1996 (TIIE "BONDS "); ESTABLISHING THE INTEREST RATES, MATURITY SCHEDULES, AND REDEMPTION PROVISIONS TIIEREOF; ACCEPTING THE CONTRACT OF PURCHASE FOR SAID BONDS; APPROVING THE FORM OF A MASTER TRUST INDENTURE AND FIRST SUPPLEMENTAL INDENTURE AND AUTHORIZING THE EXI::CUTION AND DELIVERY THEREOF BY CERTAIN OFFICIALS AND OFFICERS OF NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT; RATIFYING TIIE USE OFTIIE PRELIMINARY LIMITED OFFERING MEMORANDUM AND APPROVING AND 'AUTHORIZING THE USE OF THE LIMITED OFFERING MEMORANDUM; APPROVING THE FORM, AND AUTHORIZING THE EXECUTION AND DELIVERY, OF A CONTINUING DISCLOSURE AGREEMENT; AUTHORIZING CERTAIN OFFICIALS AND EMPLOYEES OF NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT TO TAKE ALL ACTIONS REQUIRED AND EXECUTE AND DELIVER ALL DOCUMENTS, INSTRUMENTS AND CERTIFICATES NECESSARY IN CONNECTION WITIT THE ISSUANCE, SALE AND DELIVERY OF SAID BONDS; AUTHORIZING CERTAIN OFFICIALS AND EMPLOYEES OF NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT TO TAKE ALL ACTIONS AND ENTER INTO ALL AGREEMENTS REQUIRED IN CONNECTION WITH THE ACQUISITION AND CONS'T'RUCTION OF THE PROJECT TO BE FUNDED FROM THE PROCEEDS OF THE BONDS; PROVIDING CERTAIN OTHER DETAILS WITH RESPECT TO THE BONDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of Supervisors of Naples Heritage Community Development District (the "Board" and the "District" respectively) has determined to proceed at this time with the sale and issuance of $16,430,000 Naples Heritage Community Development District Capital Improvement Revenue Bonds, Series 1996 (the "Bonds "), to be issued under and pursuant to a Trust Indenture, dated as ofDec,-mber 1, 1996 (the "Indent tire"), from the District to First Union National Bank of Florida, Miami, Florida; WHEREAS, the Board on this date has received a proposal in the form of a Contract of Purchase (the "Contract ") dated December 9, 1996, from Prager, McCarthy & Sealy (the "Underwriter "), for the purchase of the Bonds on the terms set forth therein, and, the Board has determined that acceptance of such proposal and the sale of the Bonds to the Underwriter is in the best interests of the District for the reasons hereafter indicated; and WIIERF.AS, in conjunction with the sale and issuance of the Bonds it is necessary to approve the forms of the Indenture and the Continuing Disclosure Agreement, fix the interest rates, maturities, 16 G 1bG redemption provisions, and certain other details with respect thereto, to authorize and approve the Limited Offering Memorandum relating to the Bonds; to approve the forms of the Bonds, and to provide for various other matters with respect to the Bonds and the Project; NOW, THEREFORE, BE IT RESOLVED that 1. Definitions. All words and phrases used herein in capitalized form, unless otherwise defined herein, shall have the meaning ascribed to them in the Indenture. 2. Award. The Contract in the form attached hereto as Exhibit "A" is hereby approved and sale of the Bonds to the Underwriter upon the terms and conditions therein set forth is hereby approved. The Bonds shall be sold to the Underwriter, at the aggregate purchase price of $16,161,684.41 (the "Purchase Price "), which is comprised of par, plus accrued interest from December 1, 1996 in the amount of 130,874.71, less underwriter's discount in the amount of S246,450.00 and less original issue discount in the amount of $52,740.30. Accrued interest as set forth above is predicated on the assumption of a delivery date of December 12, 1996, and shall be accordingly adjusted in the event that such delivery date is changed. The Chairman and the Secretary are hereby authorized and directed to execute and deliver the Contract on behalf of the District and the Chairman or the Secretary are hereby authorized and directed to deliver or cause to be delivered the Bonds to the Trustee under the Indenture for authentication and then to deliver or cause to be delivered the Bonds to or upon the order of the Underwriter, upon payment by the Underwriter of the Purchase Price set forth above. Each member of the Board of Supervisors is also designated as an Assistant Secretary for purposes of executing rind delivering the foregoing, and, for such purposes, each member of the Board of Supervisors other than the Chairman is hereby designated, as a Vice Chairman. 3. Negotiated Sale. The Board hereby determines that a negotiated sale of the Bonds to the Underwriter is in the best interests of the District because the market for bonds such as the Bonds is limited, because of prevailing market conditions and because the delays caused by soliciting competitive bids could adversely affect the District's ability to issue and deliver the Bonds. 4. indenture and Continuing Disclosure Agreement. Attached hereto as Exhibit "B" are the forms of Master Indenture, First Supplemental Indenture and Continuing Disclosure Agreement, each of which are hereby authorized and approved, subject to such changes, additions, dcletions and insertions as shall be approved by the Chairman and the Secretary, which approval shall b(: conclusively evidenced by the execution thereof. The Chairman is hereby authorized to execute and the Secretary is authorized to attest the Master Indenture, the First Supplemental Indenture and the Continuing Disclosure Agreement and the Chairman is hereby authorized to deliver the Master Indenture, the First Supplemental Indenture and the Continuing Disclosure Agreement, which, when 2 1 bG executed and delivered by the Trustee shall be the legal, valid, binding obligations of the District, enforceable in accordance with their respective terms. 5. Description of the Bonds. The Bonds shall be dated December 1, 1996, shall be Term Bonds and shall, subject to prior redemption, mature on November I, 2001. The Bonds shall be in the aggregate principal amount of SI6,430,000 and shall bear interest at the rate per annum of 6.15 %. The Bonds shall be initially signed by the manual or facsimile signature of the Chairman and initially countersigned by the manual or facsimile signature of the Secretary. The Bonds shall be in the forms and subjerx to mandatory and optional redemption on the terms, at the times and prices and in the manner provided in the Indenture and the form of Bond attached to the Indenture, which Form is hereby approved, subject to such changes, additions, deletions and insertions as shall be approved by the Chairman and the Secretary, which approval shall be conclusively evidenced by the execution thereof. The Chairman is hereby authorized to execute and the Secretary is authorized to attest the Bonds and the Chairman is hereby authorized to deliver to the Trustee for authentication by the manual signature of an authorized signatory of the Trustee, and delivery to the Underwriter, the Bonds, which, when executed and delivered by the Trustee shall be the legal, valid, binding obligations of the District, enforceable in accordance with their terms. 6. Preliminary and Final Limited OfTering Memorandum. The form and content of the Preliminary Limited Offering Memorandum, dated November 22, 1996, relating to the Bonds, a copy of which is attached hereto as Exhibit "C ", is hereby approved and the use thereof by the Underwriter to market the Bonds is hereby ratified and approved. The Chairman and the Secretary are hereby authorized to execute on behalf of the District a Limited Offering Memorandum which shall be in substantially the form of the Preliminary Limited Offering Memorandum with such additions, deletions, and other changes thereto as such officers may approve (such approval to be conclusively evidenced by their execution of said Limited Offering Memorandum), and to deliver such Limited Offering Memorandum to the Underwriter in sufficient quantities for use by the Underwriter in marketing the Bonds. The Preliminary Limited Offering Memorandum attached hereto is hereby deemed "final" as of its date for the purposes and within the meaning of Section 240.15c2 -12 Code of Federal Regulations (the "SEC Rule ") (except for information concerning the offering prices, interest rates, selling compensation, aggregate principal amount, principal amount per maturity, delivery dates, ratings or other terms dependent upon such matters, and except for such technical and conforming changes which shall be approved by an Authorized Officer which approval shall be evidenced by the execution thereof). The Limited Offering Memorandum shall be made available to the Underwriter in a form suitable for delivery to Potential Customers (hereinafter defined) within seven (7) business days after the date of acceptance of the Contract by the District. Pwsuant to the SEC Rule, the District hereby covenants and agrees with the Underwriter that it will deliver or cause to be made available to the Underwriter the Limited Offering Memorandum within seven (7) business days from the date of acceptance of the Contract by the District, which, in the opinion of the Underwriter, are in a quantity such that from the date of the delivery thereof until 3 161j the first to occur of: (A) the End of the Underwriting Period (hereinafter defined), and (B) the time the Limited Offering Memorandum becomes available to any person from a nationally recognized municipal securities information repository, but in no case less than twenty -five (25) days following the end of the Underwriting Period, the Underwriter and any Participating Underwriter (hereinafter defined) may send to any Potential Customer on the next business day, by first class mail or other equally prompt means, on request, a single copy of such Limited Offering Memorandum. The Underwriter has heretofore requested of the District a quantity of Limited Offering Memorandums sufficient, in its opinion, to satisfy the above requirement. In the event that such quantity is insufficient, the Underwriter will so notify the District in writing and request such additional copies as shall be necessary to satisfy such requirement, with which request the District agrees to promptly comply. The term "End of the Underwriting Period" is defined by the SEC Rule to mean " ...the later of such time as (i) the issuer of municipal securities delivers the securities to the Participating Underwriters or (ii) the Participating Underwriter does not retain, directly or as a member or an underwriting syndicate, an unsold balance of the securities for sale to the public." The term "Participating Underwriter" is defined by the SEC Rule to mean any broker, dealer, or municipal securities dealer who has purchased from an issuer of municipal securities with a view to, or offers or sells for an issuer of municipal securities in connection with, the offering of any municipal security, or participates or has a direct or indirect participation in any such undertaking, or participates or has a participation in the direct or indirect underwriting of any such undertaking (not including a person whose interest is limited to a commission, concession, or allowance from an underwriter, broker, dealer, or municipal securities dealer not in excess of the usual and customary distributors' or sellers' commission, concession, or allowance) in connection with a primary offering of municipal securities with an aggregate principal amount of $1,000,000 or more. The term "Potential Customer" is defined by the SEC Rule to mean "... (1) any person contacted by the Participating Underwriter concerning the purchase of municipal securities that are intended to be offered or have been sold in an offering, (ii) any person who has expressed an interest to the Participating Underwriter in possibly purchasing such municipal securities, and (iii) any person who has a customer account with the Participating Underwriter." If at anytime from the date hereof until the End of the Underwriting Period the District becomes aware of the occurrence of any event or circumstance which might or would cause the Limited Offering Memorandum, as then supplemented or amended, to contain any untrue statement of a material fact or to omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, the District shall notify the Underwriters thereof and if, in the reasonable opinion of the Underwriters, such event requires the preparation and publication of a supplement or amendment to the Limited Offering Memorandum, the District will supplement or amend the Limited Offering Memorandum or cause the Limited Offering Memorandum to be supplemented or amended in a form and in a manner approved by the Underwriters 4 7. Open Meetings. It is hereby found and determined that all official acts of this Board concerning and relating to the issuance, sale, and delivery of the Bonds, including but not limited to adoption of this Resolution, were taken in open meetings of the members of the Board and all deliberations of the members of the Board that resulted in such official acts were in meetings open to the public, in compliance with all legal requirements including, but not limited to, the requirements of Florida Statutes, Section 286.011. 8. Other Actions. The Chairman, the Secretary, and all other members, officers and employees of the Board and the District are hereby authorized and directed to take all actions necessary or desirable in connection with the issuance and delivery of the Bonds and the consummation of all transactions in connection therewith, including the execution of all necessary or desirable certificates, documents, papers, and agreements and the undertaking and fulfillment of all transactions referred to in or contemplated by the Limited Offering Memorandum, the Indenture, the Continuing Disclosure Agreement, this Resolution, the Contract, and any and all such other documents, instruments and certificates required as conditions to closing in the Contract. 9. Authorization of Acquisition of the Project and Execution and Delivery of Other Instruments The Board of Supervisors hereby authorizes and approves the acquisition of the 1996 Project described in the Report of the Consulting Engineer upon the terms and conditions set forth in the Indenture and the Limited Offering Memorandum. The Board hereby authorizes the Chairman and the Secretary to execute and deliver, receive or enter into such contracts, documents, instruments, certificates and proceedings incident thereto or necessary in order to effect the Project and the issuance, sale and delivery of the Bonds, including, without limitation, the Acquisition Agreement relating to the Project, the form of which is attached hereto as Exhibit D. 10. Sevc"bility. If any section, paragraph, clause or provision of this resolution shall be held to be invalid or ineffective for any reason, the remainder of this resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this resolution would have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision 11. Effective Date. Tills Resolution shall take effect immediately upon its adoption. PASSED in Public Session of the Board of Supervisors of Naples Heritage Community Development District, this 9th day of December, 1996. Attest: Se tary 5 NArP� ERITAGE COMMUNITY DE )df W(N ISTRICT Chairman, Board of Supervisors 16U- Naples heritage Community Development District November 18, 1996 U U.S. Homes 10491 Six Mile Cypress Parkway Ft. Myers. Fl. 33912 Attention: Peter Comeau Subject: Naples Heritage Community Development District Fund Request Dear Mr. Comeau, The current funding requirement for the Naples heritage Community Development District is ngcessary to pay the following. e Pay Request M1 — Naplui Daily Ncw$ N 1321690 10/21 Meeting Notice $58.85 #1329900 Resolution #97 -13 $847.60 M 1329901 Non -Ad Valorem Notice $254.28 N 1330238 Proposal for Engineering Services $58.85 Mndlan Trace Community Dcvclo>?ment District Reimburse for 10/11 Fedex $24.25 111 19 10/96 Long Distance Fax Service $5.50 Advance Printing Center s #62067 (see attached) ]Uihkind do Associates $382.60 10/96 Service $439.27 Young. van Aesendero P A_ 10/96 CDD Representation !Iary L. Moyer. P.A. $4.565.41 October. November Management Fees $5,666.66 i3unCrvisor's 10/21 Meeting Agnelli /Burns /Comeau /Stanley /Miller $1.000.00 A"Itlonal Funding to Keep in Checkin>r Account $500.00 Total Request: $13,803.27 Accordingly, it would be appropriate for U.S. Homes Gulf' Coast Inc. to fund these items 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, 1 remain. Yours sincerely, Randy White Director of Accounting Naples Heritage CDD c/o Randy White 10300 N.W. 11th Manor Coral Springs, Fl. 33071 NATURAL RESOURCES MANA612IMT 735 EIGHTH STREET SOUTH NAPLES, FLORIDA 34102 6i 941- 434 -4655 FAX 941 -434 -3059 STJNCCK 974 -4655 i • I -110"M r t The Beach Renourishment /Maintenance Committee announces a public meeting to which all interested persons are invited. DATE: Friday 03 January 1997 TINE: 9:00 A.M. PLACE: City Council Chambers, City Hall, 735 8th Street South AGM� 1. Roll Call. 2. Announcements. 3. Discussion and action on Collier County requests for TDC funding for Caxambas Pass, Clam Pass, and Capri /Big Marco Pass projects. 4. Discussion of use of jail inmates for beach management labor. 5. Review of contract for Wiggins Pziss inlet management. 6. Continued discussion of implementation of search for beach - compatible sand to be used for future renourishment efforts. 7. Continued discussion of rocks on the Naples beach. 8. Agenda for next meeting, Thursday 06 February 1997. 9. Adjourn. FORMAL ACTION MAY BE TAKEN ON ANY ITEM DISCUSSED OR ADDED TO THIS AGENDA. ANY PERSON WHO DECIDES TO APPEPS. ANY DECISI014 MADE BY THIS Cc344ITTEE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. A1rY PERSON WITH A DISABILITY REQUIRING AUXILIARY AIDS AND SERVICES FOR THIS MEETING MAY CALL THE CITY CLERK'S OFFICE AT 434- 4701 WITH REQUESTS AT LEAST TWO BUSINESS DAYS BEFORE THE MEETING DATE. For additional information, please contact Jon Staiger at 434- 4655. (7�' C - 0 A Jo . Staiger, P Na al Resources ager JCS \rcdata \baachcow \bch0103.97 norris ►lancock constantl H&C'K1• Berry DEC 27IS Misc. Correa Date: l Item# I �? Board of County Coamissloners Copies To. 16G Norris V Hancock Constantine 5 19ac'K1e Barry Misc. Corres: Date: Itemp Copies To: RECEIVED DEC 1 $ V% 16G Board of County Commissioners GOLDEN GATE COMMUNITY CENTER ADVISORY BOARD December 2, 1996 Present: Vicki Clavelo, Scott French, Kent Kolegue, Paul Laugel, Nancy McLean, John Dunnuck The Gucember 2, 19c- onthly meeting of the Golden Gate Community Center Advisory Board was called to order at the Golden Gate COmmUn *y Cen�.er at 6 :00 p.m. by Chairman Vicki Clavelo. APPROVAL OF NOVEMBER MINUTES A motion to accept the November meeting minutes by Paul Laugel. Seconded by Nancy McLean. Motion passed unanimously. PLAYGROUND INSTALLATION UPDATE Dunnuck reported the playground equipment was being shipped this week. Installation will occur the third week of December or sooner. The playground will be up and running by January 1st with the exception of the lighting. Quotes for the fencing and lighting have been received. AUDITORIUM RENOVATION FINANCING Dunnuck stated that S50,000 was allocated for this year for partial renovation of the auditorium. He stated he would like to look at other avenues for financing so that the renovations could all be done at one time. The auditorium would only have to be closed once. Estimates are due this week. Renovations include the floor and ceiling tile, dimmers on the lights, blinds, stage curtains, dressing rooms and bathrooms, stage electrical and lighting, refinish front of stage, bring it up to ADA standards. Dunnuck stated he would like to keep the MSTU Funds in reserve. Funds could be borrowed and then replaced from next year's capital fund. Prices are due in on December 18th with work starting on January 6th. The Board gave approval for Dunnuck to pursue this. He will investigate all possibilities. Kolegue requested price be forwarded to board members as soon as possible. MONTHLY REPORT Dunnuck reviewed November's monthly report with the board members. . . Golden Gate Community Center Advisory Board Page Two December 2, 1996 ADVISORY BOARD POSITION Two more applications have been received for the available position on the board. McLean recommended Christiane Wadsworth. Passed 3 -1, Laugel opposing. Recommendations will be forwarded to County Commission. MEMBERS ADDITIONS Dunnuck reported Midnight Basketball is steady, however the numbers are not great. There will be a special on December 21st at Lutz Park. Kolegue asked if he has spoken to Orlando lately. Dunnuck stated yes, he speaks with them on occasion. The main idea is to keep the kids involved and having some spQakers. Dunnuck also said that some of the Drill Academy graduates would like to come and speak with the kids as part of their aftercare. Kolegue asked if the money for Midnight Basketball continues. Dunnuck stated that the money from Ford was only for one year. He is working on donations. He has had $1,300 donated towards a new scoreboard -- $2,100 is needed. Kolegue asked about having the kids do a fundraiser. Dunnuck stated that they have not done this but that is a good idea since this is their community center. Dunnuck also reported that there has not been any intentional vandalism at the center. FAREWELL TO OUTGOING MEMBERS Dunnuck thanked Scott French and Paul Laugel for their outstanding service while on the board. French gave Dunnuck an article on the Center for his scrapbook. Laugel stated he enjoyed his time on the board and being involved in the process of interviewing and hiring Dunnuck. With there being no further business, the meeting was adjourned at 6:43 p.m. , &44:07t/ ' / AS l Q tL Alys n K. Nori ga, Secretary 166 16G AGENDA RECEIVED COLLIER COUNTY HISTORICAL /ARCHAEOLOGICAL PRESERVATION 11 BOARS in 10, 199goa CARIBBEAN GARDENS ZOOLOGICALA CENTER UATY1590 GOODLLE4fi `R ;0f=fSSf0ners 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 HAPB WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. 1. ADDENDA TO THE AGENDA 2. APPROVAL OF MINUTES: December 13, 1996 Meeting 3. PLANNING SERVICES DEPARTMENT REPORT: 4. OLD BUSINESS: A. Tamiami Trail Scenic Highway B. Robert's Ranch Local Nomination C. H. Nehrling's Tropical Gardens and Arboretum D. Captain Horr's House National Register Application 5. NEW BUSINESS: A. Historic Sites Inventory 6. DISCUSSION OF ADDENDA 7. ADJOURN HISTORICAL AGENDA /md �rr1S • toc,ock ....n3ttntl Mac tj�r.•7 Misc. Corres: Date: Item# Copies To: R ' 16G MINUTES COLLIER COUNTY HISTORICAL /ARCHAEOLOGICAL PRESERVATION BOARD Meeting of December 13, 1996 F:i4 T-7 it .T21W_ Present: Diane Gonzalez, Chairman Staff: Nancy Siemion Deborah Jones Cox David Driapsa Lora Jean. Young, Vice - Chairman John Thompson .Absent: Laura Rupp Burke Thomas Franchino others: Michael Garrett Mary Ellen Rand Chairperson Diane Gonzalez called the Preservation Board meeting to order at 8:45 A.M. ;ADDENDA TO AGENDA: A. List of Historic Sites 13. Indian Ramps - Key Marco APPROVAL OF MINUTES: The Preservation Board voted 5 to 0 to approve the November 1, 1996 minutes. PLANNING SERVICES DEPARTMENT REPORT: A. Certified Local Government Status Report David Driapsa mentioned that there may be an error in item 3 (b) - Number of New Local Designations Within The Last Year. This item lists H. Nearling's Tropical Gardens as a new local historic designation. However, the application has not been completed or received BCC approval at this time. (Please note that the Preservation Board voted to start the designation process for this site during the September 13, 1996 meeting.) Ray Bellows will clarify any questions at the next meeting. OLD BUSINESS: A.. Tamiami Trail Scenic Highway: Laura Jean Young is preparing a two page report for the the CAG. Nancy volunteered to assist with the historic narrative. She also suggested that the mile by mile resource analysis should be conducted by the MPO staff or the CAG members. -1- ►1 6G B. Robert's Ranch: Lora Jean Young suggested that the Preservation Board seek individuals from Immokalee to take a leadership role in funding the proposed working museum. It was mentioned that Ron Jamro can not proceed with the working museum since he has no funds or staff to do the project. Diane Gonzalez mentioned that an oral history of Bobby Robert be taken. (Please note that the Big Cypress staff has taken oral history videos of local residents. They may have done some oral histories with members the Robert's family. In addition, the Preservation Board should only nominate the County owned property for local historic designation. This will help gain publicity for a working museum.) Michael Garrett provided information on the Immokalee Chamber of Commerce. It was suggested that they get involved. Diane will contact them to see if they can participate. David Driapsa also suggested that a foundation be set -up to drive the living museum project. The Preservation Board will be the catalyst in the process. Lastly, Lora Jean Young mentioned that the State Historic Preservation representative took great interest in Robert's Ranch during her site visit in November. C. Hi Nehrling's Tropical Gardens: A site visit of the garden has been scheduled for January 10th at 8:45. The Preservation Board will hold their public meeting in the lobby. David is still working on submitting the application for local historic designation. Ray will invite Ron Jamro to attend the site visit. D. Captain Horr's House Designation: The National Register Nomination has passed the State Division of Historic Resources review and has been forwarded to the National Register for final consideration. NEW BUSINESS: A. Holiday Party: The members discussed possible meeting times. They decided to discuss this during the next meeting. ADDENDA TO AGENDA: A. List of Historic Sites: It was mentioned that Ron Jamro has records and photographs of historic sites. The Collier County Historic and Archaeological Probability Map contains a list of archaeological and historic sites and structures that have been listed on the Florida Master Site File and locally designated by Collier County. B. Indian Ramps: New owner of residential lot could impact the Indian Ramps as shown on location map. Ray will check into this matter. NEXT MEETING: January 10, 1997 at 8:45 A.M. -2- Historic Vrescrvation/m utates /RVS /rb 16G ENVIRONMENTAL POLICY TECHNICAL ADVISORY BOARD AGENDA RECEIVED DATE: JANUARY 13, 1997 DEC 2 3 IN PLACE: COLLIER COUNTY COMPLEX, HEALTH AND COMMUNP�yd of County CoWssioners SERVICES BUILDING, 2ND FLOOR, ROOM 21.6 TIME: 4:00 P.M. I. CALL MEETING TO ORDER II. ROLL CALL III. APPROVAL OF MEETING MINUTES - DECEMBER 9, 1996 IV. ANNOUNCEMENTS V. OLD BUSINESS a. Habitat Protection Incentives C. Exotics Report d. Future Direction for EPTAB VI. STANDING COMMITTEE REPORTS a. Steering Committee - Vacant b. Natural Resource Protection Area - Mike Simonik C. Growth Management - Mike Delate d. Exotic Plant Committee - Brad Cornell VII. NEW BUSINESS a. Appointment of Steering Committee Chairman b. Discussion of a Special Projects Committee Misc. Corres: VIII. PUBLIC COMMENT Norris Oate: IX. ADJOURNMENT Hancock Constantine Item# Mac'Kie WDL /gmm /10202 Berry Copies To: 3�'`�y; ii t �f t�Yr�1�y / i iY yam+ 1 } j�f, • '1t f 1 ; 4 9�`�' a " "�i �( 1 . , "' s'l7f r a r ./..! ! }� 13'� 4E'y. l'. W��'. 'Faa! A17�,79 :�' .r. r J,' •,4 1 f !; tti.ar �� !trY43r:�'^L,I�p�t`� ,'i r'..r �� !.•,: , A � - 'ft';l t 1ti.( �!,/� �i , {�� i. ��V � � + � Tourist Development Council Agenda. Board of County Coassioners = � Monday, January 13, 1997 ti •; a . 5:30 pm i I. Call meeting to order II. Roll Call III. Discuss amending Florida Statute to permit tourist tax dollars be used for beach access parking IV. Discuss amendments to existing Category B and C contracts V. Old business VI. New business VII. Adjourn Norris T Hancock J� Constantine Mac'Kte Berry Misc. Corres: Date: item# " . - r Copies To: •�,kZ�)`_3' r .Y r' .t: •f 't 't•i }[ -a 1,i fvFi + ..M.. -4 r %�"Tr ?r� 4 , Ell:CUTIYE AECOXXZXDATION THAT THE WARD Off' "COLLIXR , COUNTY CO)tb(IdsIODTERBi.�!�z; '':' APPROVZ AND AUTHORISE STAYT TO PRESENT A DISCUSSION ITZX TO'.TR3 'f'. COLLIDR COUNTY LZOIBLATIVE DELEGATION REGARDING A PROPOSEDyx ' A)MNDbCZNT . TO ONCTION 12 S . 010 4 , FLORIDA', STATUTES, . THAT PERXIT THE U88 OF TOURIST TAXES TO PURCHA83 LAND ri QR ADDITIObtAL ' '''• ,V . PUBLIC BEACH PARxiNa rAciLITILB AND FOR CAPITAL I.HFROVEXENTS .'TO EXISTING PUBLIC BEACH PARXINQ FACILITIES AND TO ACQUIRE OA.,USE TOURIST TAX YMMU FOR CAPITAL IMPROVEMENTS TO BEACH ACCESS AAF.AS OBJECTIVEt To provide a funding source for additional beach parking facilities and beach access areas. CONSIDERRTIgMi Collier County currently has six beach parking lot locations that provide 1,036 beach parking spaces. Each of these locations have been fully developed and afford little, if any, opportunity for additional parking spaces. During the season, parking lots on Marco Island and Barefoot Beach are usually filled by mid - morning regardless of the day of the week. The Wiggins State Park also provides 360 parking spaces. During the Reason they also X111 up regularly, and on every weekend and holiday, even though there is a charge of $2.00 per day for each vehicle ($4.00 per day for 2 or more persons per vehicle). In addition, nearly all available properties that can accommodate be&chfront hotels are developed, with new hotel rooms being constructed inland. These hotel guests must have access to public beach parking in order to visit the beach. There is currently no master plan for new beach parking facilities or public beach access areas. However, the staff has spent some time looking at options for beach and boat ramp locations throughout the County and, separately, the District Two Association is looking at alternative beach parking facilities locations in the North Naples Area. In each case there are possible locations that while available today, will likely not be available in the not -too- distant future. The only funding source that is currently available for additional beach parking facilities and beach access areas is regional park impact fees. These fees were originally intended to be used to construct large passive green space parks and to a large extent are dedicated for the next several years to the debt service and construction of the Sugden Regional Park. The annual revenue from this source is projected to be $620,000 of which $320,000 is pledged to debt service. This funding source was never contemplated to support the purchase of additional beach parking properties, which are significantly more expensive than the traditional regional park lands that would be found further to the east. s.�yi. t�liFl�i ��i•lyl ti '(; '!'sir l' r•r`/�ra irnT ^ -�tj�r r`�`.`a,��M��'��"�'iitl Y.1 :'1 li'f .:�l�.FX-F . t' Page 2 The current law, Section 125.0104, Florida Statutes, that governs the use of tourist tax revenues, is vary specific in what the tourist tax funds can be used. However, the allowable uses are .- clearly designed to provide amenities or advertising that 'r'- ;• encourage tourism. Aside from the climate and golf, clearly one of the main tourist attractions of the Collier County area is the beach and the Gulf of Mexico. Enhancing the tourists' ability to access this resource would seem to directly meet the primary objective of the tourist tax. It also seems a logically extended use of a tax that provides for renourishment of beaches. Clearly the importance of the beach to the tourist was understood when the beach renouriohment and maintenance uses were written into the stetute. Likewise, to renourish beaches without providing sufficient access or parking would seem to be solving only one part of a larger problem. To provide Collier County with the ability to spend or even consider spending tourist tax, funds for beach access and parking related projects would require an amendment to general law. what is being proposed is an amendment to Section 125.0104(5), Florida Statutes, which would expand the "AUTHORIZED USES OF REVENUE" section to include a paragraph that would substantially read as follows: "To acquire property for use as a publicly owned and operated beach parking facility or beach access area, and to provide for the capital improvement of constructing, enlarging, remodeling, repairing, or improving existing publicly owned and operated beach parking facilities or public beach access areas." Approving the amendment in this substantial form and authorizing the staff to proceed with a discussion item at the upcoming Collier County Legislative Delegation public hearing is recommended, as the deadline has already passed for submission of proposed amendment to the general law. From the discussion at the hearing, the Collier County Legislative Delegation would be able to indicate, if they would support the amendment to Section 125.0104, Florida "Statutes, and would either have their staff(s) assist in the development of the necessary Bill to amend the general law or request the County to submit a proposed Bill. FISCAL IMP s TJS� /There is no fiscal impact in what is being proposed. There' is currently a three cent tourist tax in place in Collier County. The third cent is dedicated to pay debt service on the most recent beach renourishment project. The first two cents are currently structured so that 60% of the funds .12/18/1996 10:29 9417322525 �-�. T w CLLIFF Pa6E,,,04,: ; ... , x.,,f.�, 16G Page 3 can be used for beach renourishment and pass maintenance projects (category A) , 25% is to be used for tourist promotion (category B) and at least 8% is dedicated for special events (category C) and up to 7% is dedicated to fund the County Museum. Category "A" would be the proposed source of funding should the general law be amended. However, the percentages established are through local ordinance and could be amended to provide for additional funding for this use or a separate category developed. Any decisions regarding actual uses of the tourist development taxes would be routed through the Tourist Development Council and the county Commission, as always. Tourist taxes are budgeted to generate $2,072,000 per penny levied. QRgNTH MANAGEUNT JHPACT: There are regional park levels of service for land and facilities established within the growth management plan. Any additions to the inventory of beach parking property would count toward satisfying this level of service requirement. RECOKKENDATION: That the Board approve the proposed amendment to Section 123.0104, Florida Statutes and authorize the County Staff to present this proposed amendment as a discussion item at the upcoming Collier County Legislative Delegation public hearing on January 16, 1997. Prepared by: Thomas W. 011iff, Public Services Administrator E3MCUTIVE ' SUMMARY .� '� dtd '�r. • '► RECONIlCKNDATION THAT THE'BOARD'.OF. COUNTY '• COMMISSIONERSDCONSIDER�AN C.d �• r' AHMMH NT TO THE CONTRACT BETWEEN COLLIER COUNTY AND THE "PGA TOUR, INC. FOR THE FUNDING OF THE 1996 GREATER NAPLES INTEI.LINET ;y CHALLENGE AND OTHER AMENDMENTS TO CATEGORY B CONTRAC TS. OBJECTIVE: That the Board of County Commissioners conceptually approve an amendment to the Tourism-Grant Agreement between PGA Tour, Inc. and Collier County and the amendments to the Category B contracts identified below. CONSIDERATIONS: The Internal Audit Department has determined that several TDC contracts require amendment to reflect that they are payment contracts instead of reimbursement contracts. The following contracts require amendment: GRANTEE AMOUNT DATE PGA, Tour, Inc. $500,000 1/96 Naples Area Convention and 595,552 2/96 Visitors Bureau, Inc. Naples Area Convention and 900,000 1/96 Visitors Bureau, Inc. Marco Island Chamber 397,035 2/96 of Commerce, Inc. Marco Island Chamber 600,000 1/96 of Commerce, Inc. In addition, the PGA, Inc. Agreement requires the following additional amendments: 1. Provide that conflicts between the existing contract and the guidelines will be resolved by the contract. As a result, Guidelines 7 and 9 are waived. 2. Budget amendment to include tournament operations relating only to the PGA as an expenditure. The amounts in contract are cost estimates only. .r 1� ter i • �. i.�� . r . #i . twT r - -� { i f .�c s .�, 7 •.. yc.,rrl6 �w�,47A;� Executive Summary Page Two FISCAL IMPACT: No change. GROWTH MANAGEMENT IMPACT: None. RECOb24EN'DATION: That the Board of County Commissioners conceptually approve the amendments to-the contracts identified in this Executive Summary, and direct Staff to forward the amended contracts to the Tourist Development Counsel for its input, and then return to the Board of County Commissioneers for final approval. Prepared by: shton Assistant County Attorney Approved by: avid C. Weigel County Attorney Date Zc�?—t7 -9� Date all c � t E. t :I t t 16G 1. The above recitals are true and correct and are incorporated herein. 2. SCOOP _(2 MORE: ORANTI2 prepared a written detailed proposal outlining an event to be provided along with a detailed line item budget as part of the grant application process, hereinafter referred to as 'PROPOSAL.* The PROPOSAL is attacbed hereto and incorporated herein as Exhibit 'A'. CRAUTLI shall provide television coverage, production, administration and operation of the golf event outlined in the PROPOSAL within the budgeted amount provided in the PROPOSAL. GRANTEE shall not be paid for any expenses not provided for in the PROPOSAL nor be paid for amounts in excess of those in the PROPOSAL unless an amendment to this Agreement is entered into by the GRAjrrIE and the COUNTY. 3. PAYMENT: The maximum amount to he paid under this Agreement shall be Five Hundred Thousand ( ;500,000.00) Dollars for television production and other operation costs relating to the telecast of the 1996 Greater Naples Intellinet Challenge. The C7UJMS shall be paid for expenditures incurred for the event upon submittal of an invoice. Payment shall occur in accordance with the Prompt Pay.nent Act. However, the COUNTY shall be under no obligation whatsoever to sake payments for goods or services in excess of, or not included in the PROPOSAL or to make payments using any source of funding other than the Tourist Development Tax, or to make payment to the GRANTEE or any vendor in advance of service. Any payment made by the GV_KNTlZ which is later shown to be an unauthorised expenditure during the performance of the grant contract shall not be eligible for payment. Any expendi- tures which have been paid to the GRANTEE which are subsequently determined by the COUNTY to be an ineligible expenditure shall be repaid to the COUNTY within 30 days of written notice to GRAXT22 of the ineligibility of the expenditure or the COUNTY at its option can withhold future payments to the GRANTEE or deduct the amount to be repaid by GRANTEE from any remaining grant funds. 4. Il[$jM,M: Iute111Net, Inc., and People 4 Properties, Inc., shall submit a Certificate of Insurance nawinq Collier - 2 - 16G County, and its Board of County Commissioners and the Tourist Development Council as additionally insured. The certificate must be valid for the period of the promotion and the duration of the events, 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 $500,000 each claim per person PROPERTY DAKAGE LIABILITY $500,000 each claim per person PERSONAL INJURY LIABILITY $500,000 each claim par person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY - Statutory 5, IntelliNet, Inc., and People G Properties, Inc., in consideration of TEN DOLLARS, the receipt and sufficiency of which is accepted through the signing of this document, 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 GRANTER, IntelliNet, Inc., and People i Properties, Inc., or any subgrantee, or anyone directly or indirectly employed or authorized to perform work by any of them. IntelliNet, Inc.'s and People t Properties, Inc.'s obligation under this provision shall not be limited in any way by the agreed upon Agreement price as shown in this Agreement or any limit of, or lack of, sufficient insurance protection. S. NOTIr7s: All notices from the COUNTY to the GRANT'ii shall be deemed duly nerved if mailed by registered or certified mail to the CRANTYE at the following address: Mr. Steve Rankin PGA Tour, Inc. 112 TPC Boulevard Ponta Vedra Beach, Florida 32082 with a copy to: mr. William Rasmussen IntelliNet, Inc. 2900 South Horseshoe Drive - 3 - 16G Naples, Florida 33942 Mr. Peter Chapman People i Properties, Inc. 345 Park Avenue South New York, Now York 10010 All notices from the GRANTEE to the COUNTY shall be deemed duly served if mailed by registered or certified mail to the COUNTY to: County Manager Sncond Floor, Building F 3301 East Tamiami Trail Naples, Florida 34112 The GRANTEE and the COUNTY may change the above wailing address at any time upon giving the other party written notific- ation. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COMM and the GRANTER or to constitute the GRANTEE as an agent of the COUNTY. e. TZRMTNXTfrffli The COUNTY or the GRANTEE may cancel this contract with or without cause on at least 30 days advance written notice of such termination and specifying the effective date thereof. If the COUNTY terminates this Agreement without cause, the County will pay the GRANTEE for all expenditures incurred up to the effective date of the termination so long as such expenses are part of the PROPOSAL. If it is determined that there was not sufficient cause for the COUNTY to terminate this Agreement, the GRAYTEE's remedies shall be limited to the payment of the contract amount earned by the GRANTEE on the date of termination. If the GRANTEE terminates this Agreement, GRANTEE shall pay to COUNTY all funds expended by COUNTY under this Agreement if the Agreement is terminated by GRANTEE prior to the event occurring. 9. : GRANTEE shall maintain adequate financial records concerning the expenditures paid by the County pursuant to the terms of this Grant. All records shall be available to the County for its inspection upon written notice to the GRANTEE. GRANTEE shall also submit any additional 16G 1. Making payments or reimbursements for goods or services purchased for previous or other events. 13. In the event the revenues from the event or project received by the GRANTEE exceed the actual costs incurred by the GRANTER in staging the event or project, then, the amounts eligible for grant reimbursement shall be decreased by the excess revenues up to the full amount of the grant. 14. Any changes in the event such as project dates, key participates, and budget revisions must be submitted first to the Tourist Development Council and then to the Board of County Commissioners for consideration, approval and contract amendment by the Board, if applicable. 15. The Tourism Grant Program Guidelines, the Grant Application, and the Contract Administration Guidelines are incorporated herein by this reference, except for grant requirements No. 7 and No. 9 (of County Resolution No. 95 -665) which are waived, 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. DATED: BOARD OF COUNTY COMMISSIONERS DWIGHT R. BROCK, Clerk COLLIER COUNTY, TIARIDA By: JOHN C. NORRIS, Chairman WITNESSES; GRANTEE (11 PGA TOUR, INC. •f �.trr. rrf.c.dny�.� ww (3) By: alow.t.r. STEVE RANKIN Executive Vice President Tournament and Business Affairs rrf.w /ryv.a s.— - 6 - 16G AGENDA COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, JANUARY 2, 1997 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, EAST NAPLES, FLORIDA: NOTE: ANY PERSON WHO DECIDED 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 CCPC WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. 1. ROLL CALL BY CLERK 2. ADDENDA TO THE AGENDA 3. APPROVAL OF MINUTES: 4. PLANNING COMMISSION ABSENCES: 5. BCC REPORT 6. CHAIRMANS REPORT 7. ADVERTISED PUBLIC HEARINGS' DEC 2 3 1996 Board of County Cwissioners A. Petition No. BD- 96 -24, Miles L. Scofield of Turrell & Associates, representing Coon Key Pass Dock Association, Inc., requesting a 48 foot boat dock extension to allow for a 68 foot boat dock with 8 slips for property located at the end of Palm Avenue, lying in the waterbody of Blue Hill Creek, further described as a part of Tract 2, of Goodland Isles second addition, in Sections 18 and 19, Township 52 South, Range 27 East, Collier County, Florida. (Coordinator: Fred Reischl) B. Petition No. V- 96 -28, John Grissom of Diamond Pool Construction, Inc., representing Landmark Communities, requesting a 1.94 foot variance from the required 5 feet rear setback to 3.06 feet, for property located at 3810 Groton Court, further described as Lot 189, Queens Park at Lago Verde, Phase 7, in Section 18, Township 50 South, Range 26 East, Collier County, Florida. (Coordinator: Susan MurraAisc. Corres: Morris Hancock _ �_ Date: Constantine Mac'Kie 1 Item# Berry -L. 16G C. Petition No. PUD -81- 30(1), Peter L. Breton, Esquire, of Moyle, Flanigan, Katz, Klins, Raymond & Sheehan, P.A., representing Manor Care of Boynton Beach, Inc., requesting an amendment to the Lely Palms of Naples PUD and Master Plan to replace fifty (50) of the approved "future residential apartments" to be used as assisted living units with a common kitchen facility serving the proposed fifty (50) assisted living units; to add an adult day -care facility to the existing health center; to correct a typographical error concerning the number of 1 -story multiplex units listed in Paragraph 4.2 of Section IV of the PUD document and to change the setback along the east property boundary from thirty (30) feet to twenty (20) feet for property located at 1000 Lely Palms Drive, in Section 21, Township 50 south, Range 26 East, Collier County, Florida, consisting of 23.5 acres, more or less. (Coordinator: Ray Bellows) D. Petition No. PUD -87- 31(3), Community Development and Environmental Services Division requesting an amendment to the Gadaleta PUD, Ordinance No. 88 -50, for the purpose of designating two (2) acres of the Gadaleta PUD as a commercial tract, entitled to all of the C -2 uses for an area previously zoned C -2 prior to the amending of Ordinance 88 -50. (Coordinator: Ron Nino) OLD BUSINESS NEW BUSINESS 10. DISCUSSION OF ADDENDA 11. ADJOURN 1 -2 -97 CCPC AGENDA/md 2 . %., . . «. _. . . AGENDA JAN s 1997 :16 G COLLIER COUNTY PLANNING COMMISSION WILL MEET AT • OW JANUARY 16, 1997 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, EAST NAPLES, FLORIDA: NOTE: ANY PERSON WHO DECIDED TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBA "fIM 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 WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. ROLL CALL BY CLERK 2. ADDENDA TO THE AGENDA 3. APPROVAL OF MINUTES: Misc. Corres: 4. PLANNING COMMISSION ABSENCES: Date: 5. BCC REPORT Item# 6. CHAIRMAN'S REPORT Copies To: 7. ADVERTISED PUBLIC HEARINGS: A. Petition No. SV -96 -5, Toys "R" Us, Inc., requesting a variance be made to the Sign Ordinance allowing a third wall sign to be placed on the rear of the building located in the Ridgeport Plaza on the northwest corner of Airport Road (C.R. 31) and Pine Ridge Road (C.R. 896) in Section 11, Township 49 South, Range 25 East. (Coordinator: Chahram Badamtchian) B. Petition No. TU -96 -7, Albert Hubschman, Vice - President of Falling Waters Corporation, requesting a 3 year extension of a Temporary Use Permit for a model center at 6562 Trail Boulevard. (Coordinator: Chahram Badamtchian) C. Petition No. V- 96 -29, Craig R. Woodward, Esquire, representing James and Ruth Ann Walcott, requesting an after -the -fact 1.95 foot variance to the required 7.5 foot side setback to 5.55 feet for property located at 1582 Biscayne Way, further described as Lot 8, block 84, Marco Beach Unit 8, in Section 16, Township 52 South, Range 26 East, Collier Hoj ^r i s County, Florida. (Coordinator: Fred Reischl) Hancock Constantine 1 Mac 'Kit Wry Monday, ;amrjry 1 1 , 1 99i 1U:1 104 AM (,olfier County Airport Authority Page I of I 26G -r d W . — JAN 1 3 1997 klRIIr )R I I , 11( )Rl I \t - I.-\ it `� Board of County Commissio�,nr; 3301 L. I mmami I r;lil. Ad m ill isti%it l()jl Building, Jrd Misc. Corres: Norris Date: Hancock Constantine Itemy 61 Mac *xie Berry --------- Copies To: it and elitlenit Up'll Misc. Corres: Norris Date: Hancock Constantine Itemy 61 Mac *xie Berry --------- Copies To: 16G GOLDEN GATE COMMUNITY CENTER ADVISORY BOARD MEETING January 6, 1997 JAA' l 1 7 11-'27 f: :rJ of ( ,.y, r PRESENT: Vicki Clavelo, Nancy McLean, Kent Kolegue, Cheryl Newman, Steve Peffers, John Dunnuck. The meeting was called to order at 6:00 p.m. at the Golden Gate Community Center by Chairman Vicki Clavelo. APPROVAL OF DECEMBER MINUTES Motion by McLean to approve December minutes as read. Seconded by Newman. Motion passed unanimously. .• e�i]��i!Yiliiui�I►�lli��ir Dunnuck reported that the playground equipment had been installed. There has been a small snag in the completion of the playground as the vegeturf was funded by the Solid Waste Department. A purchase order number was made available, but no hard copy of the purchase order. He believes the company will continue to install it in good faith, as if the crew is pulled off of the project, it will be held up for up to five weeks. The fencing should be installed this week encompassing the whole area. There is a six week lead time on the lighting. AUDITORIUM RENOVATION FINANCING Dunnuck distributed information on the financing for the renovations to the auditorium. The bids came in very high, with the low bid coming in at $78,000. Dunnuck stated he thought that the project should be delayed until April and May with financing coming from carry forward account which presently has $65,000 in it-- $25,000 saved from last year's budgeted capital improvements and $40,000 in extra revenue. If this option is used, there would be enough money to also do all the alternates for the auditorium, including a handicap ramp. Dunnuck asked for board approval to put this in the executive summary to go before the County Commission. Other funding options include Contingencies and the General Fund. He does not want to use the Contingency fund and the General Fund would not get approved if the Board sees there is a carry forward amount. The Impact Fees are only to be used for new projects only. Kolegue asked if someone from the ""ounty reviewed the bids. Dunnuck and Peffers explained how the county has chosen four difference contractors from which to accept bids. Misc. Corres: Norris Hancock Constantine Mac'Kia Berry — " Li Date: % - I ' i Item# Copies To: 16G Golden Gate Community Center Advisory Board Page Two January 6, 1997 Plans were reviewed with the Board, with Dunnuck explaining and pointing out what renovations were to be done and where. The renovations will bring the auditorium up to a more "theater looking" room. Kolegue asked what could be done for $49,000. Dunnuck stated that he would just have to start cutting back - -these would cost more to do later. There is also the convenience of getting it all done at one time. The auditorium would only have to be closed at one time. It would be completed before summer camp were to begin. It would also cut down on the capital expenditures for next budget year. The Board agreed that the auditorium is the most exposed room to outside visitors and should be completely renovated. Kolegue asked about raising the rates for the room. Dunnuck stated that he would be looking at that next month when he begins working on the new budget. Motion by Kolegue to proceed with the construction, include Dunnuck's recommendation in the Executive Summary. Seconded by McLean. Motion passed unanimously. The auditorium will be closed from April 7th through May 16th. MONTHLY REPORT Dunnuck reported on the finances for December. The Center brought in $5,000 last month from classes. January will be a bigger month. The ceramics class will begin also in January. The numbers were down from 45 to 33 for the camp. Kolegue asked how the fees and salary worked for the ceramics class. Dunnuck stated that the instructor is paid once at the end of each six to eight week session. The Center gets 30% of the class fees. Dunnuck stated the afterschool program will be up and the auditorium has already been rented out for January and February. MEMBERS ADDITIONS Dunnuck reported that the Cool Cruisers Car Show will take place in the Center's parking lot on January 25th. The Center will receive 20% revenue for hosting the show. Kolegue asked if the Monthly Report could show the numbers for each month so that a comparison can be made. Dunnuck stated that he would do that and that the numbers, although it may not look like it on a month to month basis, are right on target for the year to date. t Phonc(941) 643 -8330 1 b G FAX (941) 643 -8331 MEMORANDUM RECENr--L, DATE: December 27, 1996 DEC 3 0 1996 TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Joanne Dalbey, Planning Technician c� SUBJECT: Council of Economic Advisors Minut Board of County Cooamissioners Enclosed are the minutes of the October 2 and November 13, 1996 meetings of the Council of Economic Advisors. These minutes were approved at the November 13 and December 11 meetings respectively. If you have any questions, please call me. /j d enc. f/cea/sue Norris Hancock Constantine t "&C'Kit sorry ., —...- Mise. Correa Date: Item# Copies To: MEMORANDUM DATE: January 23, 1997 TO: Sue Filson, Administrative Assistant Board of County Commissioners ; FROM: Joanne Dalbey Planning Technician SUBJECT: Council of Economic Advisors Minutes Sue, enclosed are the minutes from the December 11, 1996 meeting of the Council of Economic Advisors. These minutes were approved by the Committee at the January 15, 1997 meeting. If you have any questions please call me at 643 -8330. /j d enc. Norris Hancock Constantine Kac'Kie Barry Misc. Corres Date: :z� ' ILL Item# 1 Copies To: 11�.- COUNCIL OF ECONOMIC ADVISORS Minutes of the October, 1996 Meeting Collier County, Florida ATTENDANCE James Loskill, Chairman ABSENT Tom Walsh, Vice - Chairman Mike Carr, Sr. X James Carter Penny Adams Field Lawrence Fox Robert Guididas Dawn Litchfield Edward A. Morton Michel Saadeh Robert Shulman X Michael Simonik X PRESENT X X X X X X X X William Spinelli Henry Tribble h Russell Tuff Bob N. Wallace Bryan Weber John Fitch, Special Consultant Staff Present: Vince Cautero, Greg Mihalic, Barbara Cacchione, Joanne Dalbey Others Present: Steven Kelley and Jim Brantley, Florida Planning Group, Dr. John Godfrey MINUTES The meeting was called to order at 8:00 a.m. by Chairman Loskill. The minutes of the September 4 meeting were approved as presented. Chairman Loskill discussed the Economic Development Council meeting the evening of September 3 where the Florida Planning Group made their presentation. Chairman 16G Loskill felt the program was well presented and asked for comments from those who 16G attended. All comments were positive. Larry Fox attended the presentation and felt it was very informative. Vince Cautero also felt the presentation was an eye opener for many of those attending. Russell Tuff felt the presentation was a very good idea and many people attending wanted more information. The Chairman then turned the meeting over to the Florida Planning Group for the Economic Development Plan update. Copies of the Economic Diversification Program Executive Summary, Naples Metropolitan Statistical Area were handed out to members. Dr. John Godfrey began with slides on the Economic Diversification Program. Each item of the plan was explained by Dr. Godfrey or Steve Kelley. There was discussion regarding the Naples economic structure, personal income by source, population growth and industry, tourism and an Action Plan including five components: Adopt a Sound Growth Management Program Form a Strong Public /Private Partnership Improve the Business Climate Develop a Coordinated Business Assistance Program Diversify the Economy Dawn Litchfield feels the presentation is not clear enough for the average person and suggested it be simplified. She has some suggestions for changes and will give them to Steve. Bob Wallace asked who the presentation will be given to. Steve stated it will first be presented to the Board of County Commissioners and then to the business community. Steve also stated he hopes to have the plan completed in one month. Due to the length of the meeting the presentation of the labor market information survey was again postponed. The next meeting will be held on November 13. Meeting adjourned at 10:00. I\- COUNCIL OF ECONOMIC ADVISORS Minutes of the November 13, 1996 Meeting Collier County, Florida James Loskill, Chairman Tom Walsh, Vice - Chairman Mike Carr, Sr. James Carter Penny Adams Field Lawrence Fox Robert Guididas Dawn Litchfield Edward A. Morton Michel Saadeh Robert Shulman Michael Simonik William Spinelli Henry Tribble Russell Tuff Bob N. Wallace Bryan Weber John Fitch, Special Consultant Staff Present: Vince Cautero, Greg Mihalic, Barbara Cacchione, Ron Cook Others Present: Steven Kelley, Florida Planning Group, Susan Pareigis, EDC Chuck Mohlke, Fraser Mohlke & Assoc. MINUTES The meeting was called to order at 8:05 a.m. by Chairman Loskill. Chairman Loskill then turned the meeting over to Barbara Cacchione for her presentation on the Labor Market Survey Results. A handout was provided to all members and Barbara went over the key areas. Chuck Mohlke provided an overview of the table on the last page of the handout. Presentation ended with discussion and questions and answers from the members. The minutes of the October 2 meeting were approved as presented. 16G X X X X X X X X X X X X X X X X X Staff Present: Vince Cautero, Greg Mihalic, Barbara Cacchione, Ron Cook Others Present: Steven Kelley, Florida Planning Group, Susan Pareigis, EDC Chuck Mohlke, Fraser Mohlke & Assoc. MINUTES The meeting was called to order at 8:05 a.m. by Chairman Loskill. Chairman Loskill then turned the meeting over to Barbara Cacchione for her presentation on the Labor Market Survey Results. A handout was provided to all members and Barbara went over the key areas. Chuck Mohlke provided an overview of the table on the last page of the handout. Presentation ended with discussion and questions and answers from the members. The minutes of the October 2 meeting were approved as presented. 16G 16G COUNCIL OF ECONOMIC ADVISORS Minutes of the December 11, 1996 Meeting Collier County, Florida James Loskill, Chairman X Tom Walsh, Vice- Chairman X Mike Carr, Sr. X James Carter X Penny Adams Field X Lawrence Fox Robert Guididas Dawn Litchfield X Edward A. Morton X Michel Saadeh X Robert Shulman X Michael Simonik X William Spinelli X Louis Traina X Henry Tribble X Russell Tuff Bob N. Wallace X Bryan Weber John Fitch, Special Consultant ?S Staff Present: Vince Cautero, Greg Mihalic, Ron Cook, Denise Blanton, Collier County Extension Service Others Present: Steven Kelley, Florida Planning Group, Susan Pareigis, EDC MINUTES The meeting was called to order at 8:10 a.m. by Chairman Loskill. Chairman Loskill turned the meeting over to Denise Blanton who spoke about "Fast Track ", a program sponsored in the State of Florida by the University of Florida. This program is a business development program that is designed for entrepreneurs to enhance their skills to develop and manage successful business ventures. Brochures on the program were distributed to all. Two minor changes were requested on the minutes of November 13. A motion was made and seconded, with approval of the minutes as corrected. Louis J. Traina was then introduced to the committee by Chairman Loskill. Mr. Traina thanked the committee for the vote of confidence in recommending him for appointment. He then spoke about who he is, why he is here and who he represents. Everyone in attendance then introduced themselves to Mr. Traina. Chairman Loskill then turned the meeting over to Steve Kelley, who made the presentation on Economic Development as if he were presenting it to the Board of County Commissioners. Twenty minutes was spent on the slide presentation and five minutes was spent on the Action Items synopsis. Chairman Loskill said that the information would be presented to the Board in January. He said that Neil Dorrill favors a workshop session as opposed to presenting the material during a regular meeting. The tentative date to go to the Board is January 21. He encouraged all committee members to attend. The next meeting of the Council of Economic Advisors is scheduled for January 15 to discuss any last minute items prior to the Board presentation. A question and answer session ensued regarding Mr. Kelley's presentation with much discussion on how to fine tune the material for better presentation to the Board. A motion was made and seconded to accept the material presented by Steve Kelley with minor modifications as discussed. The meeting was adjourned at 9:45. jd/f /cca } 16G OCHOPEE FIRE CONTROL DISTRICT ADVISORY BOARD MEETING HELD DECEMBER 9, 1996 IN CHIEF DOERR'S OFFICE In attendance were the following: _. Vince Doerr , Fire Chief JA's 1 6 1S °7 Diane Flagg, Director of EM9 Charlie Reynolds, Chairman Michael Hart, Advisory Board Member Board of C ^:nty f Fran Tifft, Advisory Board Member Lem Pennell, Advisory Board Member The minutes from the October 14, 1996 meeting was accepted as read. Lem Pennell and Fran Tifft's positions on the Advisory board are up. Ms. Tifft highly recommended Kent Orner for her position. Lem Pennell put in his resume' for renewal. Diane Flagg - Diane Flagg stated that there were two positions on the Advisory Board available, and that they should review the resumes of the candidates and make a selection of two individuals out of the three you would recommend. Then they would be recommended to the Board of County Commissioners. Fran Tifft - She informed Ms. Flagg that she has resigned so there are only two candi- dates. One of the reasons she does not want to run again is because of some of the things that took place this year. She was upset about Walter and Andy being reprimanded, because she feels who ever had hired that person and put him on our pay roll should have told the board. They should not have had to hear this from a Firemen. She went on to say They changed the budget, they changed the mil rate, and they took away our position for Assistant Chief or whatever that person was going to. She did not feel she was accomplishing anything. Charlie Reynolds and Lem Pennell concurred with her they do not feel they accomplish very much. t'r'ust. Corres: Norris _ Hancock Constantine flat ' K i t B*rry Page 1 Date: lh!- O I G' � Copies To: 16G Fran Tifft - She could not understand why the millage rate was lowered and why the position could not be budgeted in for this year. Vince Doerr - He explained that when he was tallying the budget there was not enough to carry the Captain's position, so it was not filled. Fran Tifft - Contends that enough money had been budgeted the previous year to hold a man in that position all year. Vince Doerr - He was planing to pick up the posi- tion in October if there was enough funds but it did not turn out that way. He also wanted to put $25,000 away for a new truck. Because the Captain was not aboard yet if any cuts had to be made that's were it would be. The budget meeting for the last level, at that meeting he found out the millage rate had been cut. He: reminded Ms. Tifft he makes the budget in March, so he still has the rest of the year to go. The money could he used up on other expenses. Fran Tifft - No one has ever told us who put that man on the payroll. (Bill Griffin) She said she asked several times and she has never gotten an answer. She felt it was probably Neil Dorrill. Diane Flagg - She suggested they get an answer. Vince Doerr He figured it would have to be Neil or under. Fran Tifft - She could have accepted it better if Andy and Walter had not been penalized for our actions. Vince Doerr - He said to Lem Pennell if something comes up again and they want an answer they can make their request in writing and he will get them an answer. Page 2 16G Lem Pennell - He does not understand how the budget is prepared. Vince Doerr - He explained that he has to keep with in the Revenues. lie stated the budget pretty much remains the same. It might fluctuate a little bit. Charlie Reynolds - He feels that if a man is reprimanded it should not remain on his record permanently. He feels after six months if the person does not get into anymore trouble that it should be taken out of his file. He feels it would hurt that person if they were to apply for another job. Vince Doerr - He stated that with in house and oral reprimands this can be done. However if it goes to the County Human Resources Department, it remains in the file. That is County Policy. Charlie Reynolds - He feels they do not accomplish anything either. He wanted to know if the volunteers ever received the $2500 or if the money for the van to drive kids around was ever dispersed. Michael Hart - He said the $2500 was given to the volunteers. The van for EYA was donated by Steve Hill, and through donations and the Shealey family it is running. They still need insurance and a driver_ Charlie Reynolds - He said that the board at Golden Gate Fire Department can hire or fire personnel. We do not have any power. Lem Pennell - We do not have the power the other fire boards do. Diane Flagg - She stated that the Ochopee Advisory Board is an Advisory Board to Vince and to the Board of Commissioners. The gentlemen they referred to at Golden Gate are elected officials. Page 3 i6G Lem Pennell - He asked Diane Flagg what was happen- ing to the consolidation meeting, were they still having them. Diane Flagg - No, the meetings were completed months ago, Commissioner Hancock has a report that he is going to put out the first of next year. But he is recommending primarily better cooperation between the various Fire Departments. Vince Doerr - He brought up the interlocal Page 5 agreement, that is so all the Fire Departments will have a Code Inter- preter, therefore all the Fire Depart- ments will be the same. In the past there have been differencas in the different Districts. He needed the Chairman's signature and two witnesses. This is an agreement between Uchopee Fire Control District and North Naples to pay our ratio share. North Naples will hire this person, but he will be at Horseshoe Drive. Diane Flagg - She said that would have to go before the Board of County Commissioners and also asked Chief Doerr if he sent the agreement to the county Attorney's. Vince Doerr - He stated that Bob Salvaggio has been working on this and it has been to the County Attorney. Diane Flagg - She asked if Uchopee pays for that service now. Vince Doerr - No, I am going to check with Bob. Diane Flagg - That service is provided by the County, and they do not charge Uchopee. Lem Pennell - As he understands it this is to coordinating purposes, so that everything is the same in the County. He wanted to know why they have to pay for the services. Page 5 16G Diane Flagg - She said that currently the services are being provided with no charge to Ochopee Fire Control District. He is asking you to contract with North Naples and you will have to pay for that service. Vince Doerr - He will work for North Naples but he will be seated at Horseshoe Drive, to coordinate all the inspections for the County. Fran Tifft - I would think that if you had a new building and you had a Fire inspection I would think you would pay for it just like you pay for foundations. Vince Doerr - He repeated that this is to make it all the same, thenQ w re a lot of problems with the bui�clers. Fran Tifft - She feels that at Horseshoe Drive they could designate one person do coordinating. Diane Flagg - They had someone, but the Fire Departments did not want to do what that person said. Bob Salvaggio was the Code Interpreter for Collier County paid by the County, the other Fire Departments did not agree with him, they had their own way of doing it. Fran Tifft - She wanted to know if Diane had indi- cated that Charlie cannot sign this agreement. Diane Flagg - If the money is coming out of your budget and will be given to North Naples, you will need Board approval of the documents. Vince Doerr - He will get with Bob Salvaggio in reference to this agreement. Diane Flagg - She suggested that he check about the signature page that possibly it should be .signed by the Board of County Commissioners Chairman not the Advisory Board. Page 6 1 Vince Doerr - He asked that if every thing is ok after he talks to Bob Salvaggio he is going to have Charlie sign and they agreed. A copy of a proposal from Fishkind and Associates in reference to doing an impact fee study for Uchopee Fire Control District and Isle of Capri was passed around to all the board members. Diane Flagg - She went over the proposal, it had a format that they developed for this type of study. Henry Fishkind is proposing that they would do both Departments for $5,000.00, which would be spilt 50/50, $2500 each Department. The ultimate out come would be to develop an impact fee ordinance for the Uchopee District to help fund some of the Capital costs. She went on to say that this was the only company that responded to the request for proposal out of 27 different companies. Lem Pennell - He stated that didn't they pay Bill Griffin for this already and how much was paid to him. Vince Doerr - He was paid for one months salary which would have come to approximately $2500.00. Lem Fennell - He feels that should pay for our share of the impact fees. Vince Doerr - He wants to just move on, the impact fees from Fort of the Islands could help the Department. Diane Flagg - She explained that the impact fees in place for the other Fire Departments were done from the study that North Naples Fire Department did, each Department is suppose to do their own study. The County attorney did not want a possible liability for Uchopee and isle of Capri Fire Departments. Page 7 16G Fran Tifft made a motion to pay Ochopee's half of the study to be done on impact fees and it was seconded by Michael Hart. Fran Tifft made a motion for the Chairman of the Advisory Board Charlie Reynolds to sign the Interlocal Agreement, it was seconded by Michael Hart. Both motions were passed. Vince Doerr - We are not going to have a flea market this year just a cook out and we might have it in the Community Center. Meeting Adjourned at 8:45PM. Charlie Reynolds Chairman Page 8 .1bG Agenda Joint Meeting of the Board of C- -ty, C-• Technical Advisory Committee /Citizens Advisory Committee (CAC) of the Naples (Collier County) Metropolitan Planning Organization Wednesday January 22, 1997 10:00 a.m. Collier County Government Center Building "F ", 3rd Floor Board of County Commissioners' Meeting Room 3301 East Tamiami Trail Naples, Florida Notice: This meeting of rite Citizens Advisory Committee (CAC) is open to the public and citizen input is encouraged. Any person wishing to speak on any scheduled Item may do so upon recognition by the Chairman. Any person desiring to have an item placed on [lie agenda shall make a request in writing, with a description and summarization of the item, to the hfPO Coordinator at least 14 days prior to the date of the next scheduled meeting of the CAC. 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 1. Addenda to the Agenda 2. Approval of Minutes - December 11, 1996 3. New Business A. Presentation by Ed Kant from County Transportation Services Deparunent regarding Access Management B. Presentation by Dennis Hinebaugh from Center for Urban Transportation Research regarding the delivery of alternative Public Transit Services and the development of a Transit Development Plan. 4. Miscellaneous Correspondence None P�risc. Corres: 5. Discussion of Addenda 6. Adjourn Morris Hancock rnnstantin• I� M-Sc'K ie k —ry Copier To: CACMEMBERS,cont Louis Hoegsted ABS Jack Pointer ABS Walter Johnson X Vacant OTHERS Frank Black, FDOT Wayne Chewning, FDOT Norm Feder, FDOT Gerry Gronvold Ellie Krier, EDC /Chamber Coalition Jill Greenfield, EDC /Chamber Coalition Donna Fiala, East Naples Civic Association 16G CALLED TO ORDER 10.00 A.M. ADJOURNED: 11:45 A.M. PRESIDING: Christine Straton, CAC Vice Chairperson MINUTES BY: Gavin Jones MINUTES REVIEWED BY: w ITEM 1. ADDENDA Ms. Straton added the road closures in Royal Woods and Countryside as addenda. ITEM 2. APPROVAL OF TAC MINUTES of August 21, 1996. Mr. Starling moved approval of the TAC minutes for the meeting of August 21, 1996. Ms. Walker seconded. The motion passed unanimously. APPROVAL OF THE CAC MINUTES of October 23, 1996 Ms. Barker moved approval of the CAC minutes for the meeting o October 23, 1996. Ms. Borman seconded the motion. The motion passed unanimously. 2 16G ITEM 3. OLD BUSINESS NONE ITEM 4. NEW BUSINESS 4A. Review of the FL 3 7's Draft Tentative Work Program The Di all Tentative Work Program included at least the first phases of the top five unfunded pi iurities submitted to the FDOT, and the top Transportation Enhancement candidate project. iti ir. Feder noted that if the last phase of a project occurred in FY 96/97, it would not appear in the Work Program document. Norm Feder discussed other changes to the existing Work Program. The widening of SR 951 from south of New York Drive to the Marco Bridge (WPI = I 11409 1) was delayed one year. Ms. Straton asked if that would cause a concurrency problem. Mr. Feder said that the construction is still within the first three years of the %Fork Program, and thus complies with DCA rules. The widening of U.S. 41 from Immokalee Rd. to south of Myrtle Rd. (WPI #1114150) ,.as delayed one year. The drainage retention ponds will be on private property, and the developers have not agreed to the inclusion of an indemnification clause in their agreements. If a spill on a state road contaminated a pond, or if a developer modified a retention pond and someone fell in, the indemnification clause absolves the state of liability. The state will not give up the indemnification clause, and developers will not presently agree to its inclusion. If the delay causes concurrency problems, development along that portion of U.S. 41 could be jeopardized. If the delay continues for sixteen more months, the design will have to be re- evaluated. The cross section will be curb and gutter on the west side, and a rural cross section on the east side. There will be a raised median. Enough existing lanes will remain open that traffic will not have to re- routed through Naples Park. Construction dollars for the above mentioned project are now programmed in the same Near as the widening of the segment to the north (U.S. 41 from Immokalee Rd. to Old U.S. 41, WPI #1114152). Ms. Straton noted that prospect of the two projects occurring simultaneously raised concerns about maintenance of traffic, and she asked when the plans could be reviewed with that concern in mind. Mr. Feder said sometime in the next few months. Mr. Archibald noted that indemnification clauses had been agreed to during the widening of Golden Gate Parkway. He urged the TAC,CAC, and MPO to apply pressure on the developers to acquiesce. 16G Regarding the addition of turn lanes at selected intersections along the East Trail (WPI #1114160), Ms. Borman asked if that would cause traffic circulation problems. Mr. Archibald said the impact will be minimal. The turn lanes requested are east bound left turn lanes, to improve safety at the intersections. Mr. Feder noted that the Streetscape Master Plan includes a median landscaping proposal for Davis Blvd. between U.S. 41 and Airport Road, and he wanted to talk to the Transportation Services Department about median openings before that segment is re- surfaced (WPI 41114169). Regarding the widening of Immokalee Rd. from SR 29 to the Hendry County line (WPI # 1123687), Mr. Feder asked if the state should delay its work due to delays by the county on the bridge work. Mr. Archibald said that would be best determined later in the fiscal year. Mr. Dobberstein asked why the sidewalk project along SR 29 from Hancock St. to Madison St. would not be constructed until FY 01/02. Mr. Feder said that new projects typically appear in the new fifth year of the Work Program. Ms. Fiala noted that three home owners' associations saw the need for water service to the median of Dads Blvd. between County Barn Rd. and Santa Barbara Blvd., and was it possible to include that work in the work being done on Davis Blvd. now? Mr. Archibald said no, not under the current contract; a new contract would be required. Regarding the a,6ation portion of the Work Program, Mr. Witt said that the FDOT had provided the funding needed, and FDOT staff had been very cooperative. Ms. Borman asked for an explanation of different aviation funding sources. Mr. Chewning said that currently, FAA dollars when spent are: 90% federal, 5% state, and 5% local. These dollars are very attractive to apply for, but are seldom available, and often arrive with short notice. As well, FAA will now spend their dollars solely on commercial facilities. The state has money for aviation projects available and will provide: 80% of the dollars spent on capital improvements, 50% of the dollars spent on economic development, and 50% of the dollars spent on commercial facilities. Mr Jarvi asked if the general aviation terminal described in WPI 91823331 will involve demolishing the N� WII hanger. Mr. Witt said yes. 16G Mr. Jarvi asked where exactly the road in WPI #1823312 will go. Mr. Witt said Enterprise Road will go around the northwest corner of the Naples Airport property, and south to the marina. North Road will no longer provide access to the marina, because its alignment intersects a runway clear zone. Regarding the land acquisition in WPI 41823313, Mr. Witt said that the land is needed primarily for environmental mitigation. The forty foot right of way for the Goodlette Greenway is included in the land being acquired. Regarding transit funding, Mr. larvi asked how federal and state dollars can reach a private transit operator. Mr. Starling said that the private operator has to have a contract with a public entity, and the contract has to be the result of a competitive bidding process. Mr. Jarvi asked how much money is available for transit this year in Collier County. Mr. Starling said $500,000 federal, and $200,000 state dollars are available. Those dollars could not be spent by TECH for the CT program, and would only be available if the county had a transit development plan (TDP) in place. Preparation of TDP would require about six months, and could be done by the Center for Urban Transportation Research (CUTR) without a bid process, or by a consultant, after a competitive bid process. Ms. Barker noted that the MPO has never approved the preparation of a TDP. Ms. Taylor said that a CUTR representative will be at the January joint TAC /CAC meeting to discuss a TDP. For the CAC, Ms. Barker moved to endorse to the MPO the Draft Tentative Work Program as presented by the FDOT. Mr. Johnson seconded the motion. The motion passed unanimously. For the TAC, Mr. Archibald moved to endorse to the MPO the Draft Tentative Work Program as presented by the FDOT. Ms. Walker seconded the motion. The motion passed unanimously. ITEM 6. DISCUSSION OF ADDENDA Regarding the closure of Countryside Way, Ms. Straton noted that this is the first public road that has been privatized. The Traffic Management Task Force tried to address the issue of connectivity versus exclusivity, and she noted that vigilance was obviously needed. The inclusion of the issue on the board agenda had not been advertised well JAM 1 7 177 PARAB f County C'; t PARKS AND RECREATION ADVISORY BOARD AS 00 RE Ll 1 WEDNESDAY, JANUARY 22, 1997 2:00 P.M. Golden Gate Community Center Wise. Corres 4701 Golden Gate Parkway, Naples, FL 34116 _ Date: m No Hancock constantine Item i M&c I is wry Copies To: j I 0 0 t 0 PARKS AND RECREATION ADVISORY BOARD AGENDA January 22, 1997 Golden Gate Community Center 4701 Golden Gate Parkway, Naples, Florida The Parks and Recreation Advisory Board meeting will be held Wednesday January, 1997 2:00 p.m. at Golden Gate Community Center, 4701 Golden Gate Parkway, Naples, Florida. I. CALL TO ORDER: II. PLEDGE OF ALLEGIANCE TO THE FLAG: III. INVOCATION: Section Page IV. APPROVAL OF MINUTES, December 18, 1997 meeting (A) 1 -5 V. NEW BUSINESS /PRESENTATIONS 1. Neighborhood Parks (B) 6 VI. REQUESTS FOR DISCUSSION - SPECIFIC UPDATE ITEM VII. REPORTS /UPDATES: 1. Monthly Report (December) (C) 7 -14 2. Beach & Water Ordinance 89 -11 Status 3. Collier County Racquet Center Construction Status 4. Marco YMCA Update 5. Parks Adoption Report (D) 15 -16 7. PARAB Meeting Schedule (D) 17 6. Updating PARAB Member List (Please Review) (D) 18 16G A ' PARKS AND RECREATION ADVISORY BOARD MINUTES ODecember 18, 1996 e Golden Gate Community Park 3300 Santa Barbara Boulevard, Naples, Florida 16G PRESENT: Joseph Zaks, Chairman CALL TO ORDER: The meeting was called Gil Mueller 2:10 p.m. Max A. Hasse, Jr. II. Gayle L. Stan Timothy Blackford, Vice Chairman County Manager - Mr. Elaine Wicks INVOCATION: by Max A. Hasse, Jr. ABSENT: of Collier County, Mr. ALSO PRESENT: Skip Camp, Acting Director, IV. Department of Parks & Recreation meeting. Murdo Smith, Operations Manager national search Gary Franco, Parks Superintendent replacement. Jacquie Hart, Secretary II b. Interview for Steve Mason, Operations Coordinator Director - Mr. Camp Louise Hasse 27: On page Butch Morgan, East Naples Resident Charles Stephenson, East Naples Resident 16G I. CALL TO ORDER: The meeting was called to order at 2:10 p.m. UPDATE/REPORT II. PLEDGE OF ALLEGIANCE TO THE FLAG a. Resignation of County Manager - Mr. III. INVOCATION: by Max A. Hasse, Jr. County Manager of Collier County, Mr. W. Neil Dorrill has IV. APPROVAL OF MINUTES: November 27, 1996 meeting. ' national search will be conducted for replacement. b. Interview for Parks and Recreation Director - Mr. Camp Correction to the minutes of November 27: On page 3, paragraph 4 Mr. Mueller would like for the minutes to read the maintenance budget was cut and not the parks budget being cut. Motion by Gil Mueller to approve the minutes as amended seconded by Elaine Wicks. Passed 5/0. V. NEW BUSINESS /PRESENTATIONS 16G VI. UPDATE/REPORT a. Resignation of County Manager - Mr. Camp stated that the County Manager of Collier County, Mr. W. Neil Dorrill has submitted his resignation effective February 10, 1997. A ' national search will be conducted for replacement. b. Interview for Parks and Recreation Director - Mr. Camp 1 16G i New Recreation Supervisor in Immokalee - Annie Pappalardo has been hired as Recreation Supervisor for Immokalee. Mrs. Pappalardo is responsible for the Immokalee facilities. There is a potential law suit with terminated black employees in Immokalee and the Department is working with the Black Affairs Advisory Board on this issue. J. Leisure Line - the new Leisure Lines are in and they will be distributed through the Naples Daily News on December 22, 1996. VII. REQUEST FOR SPECIFIC REPORTS /UPDATES 2 16G informed the Parks and Recreation Advisory Board that he and Tom 011iff have been interviewing applicants for the Parks and Recreation Director position. C. Parks Director has the Authority to Promote Programs - Mr. ' Camp stated that the department went before the Board of County Commission to get special authority so that the Parks and Recreation Director could now promote some of the programs. At Snowfest 10,000 free pool passes were given out to promote the Aquatic Facility. The pool passes expire before the summer starts. d. Cocohatchee Concession Building Damage - Mr. Camp stated that the Cocohatchee Concession lease agreement was terminated and a week later, a relative of one of the employees drove through the building causing extensive damage. The person was arrested and charged with multiple violations (pictures of the damaged building were shown). e. Additional Authority to Park Rangers - the Park Rangers were e given additional authority to issue citations out of the park on other government property. f. New Computerized System - the Administration office as well as Community Center have new computers. g. Improvements at the Golden Gate Aquatic Facility - a few improvements have been made at the aquatic facility including signage, an additional slide has been approved and will be installed soon. A 3 meter diving board has been installed. h. Self Improvement Program - Mr. Camp stated that the Department has a self improvement program. If the employees want be to considered for an excellent or a superior rating the employee has to turn in 3 improvements that will help the department. 1 A committee of non supervisors met today and the 400 improvement ideas. These ideas will be categorized and the employees will be notified as what the status of these ideas are. i New Recreation Supervisor in Immokalee - Annie Pappalardo has been hired as Recreation Supervisor for Immokalee. Mrs. Pappalardo is responsible for the Immokalee facilities. There is a potential law suit with terminated black employees in Immokalee and the Department is working with the Black Affairs Advisory Board on this issue. J. Leisure Line - the new Leisure Lines are in and they will be distributed through the Naples Daily News on December 22, 1996. VII. REQUEST FOR SPECIFIC REPORTS /UPDATES 2 16G a. East Naples Resident / Sugden Regional Park Update - Mr. Morgan and Mr. Stephenson stated attend the meeting and presented their concerns regarding the Master Plan and Gulf Coast Skimmers Lease at Sugden Regional Park. ' Motion by Elaine Wicks that PARAB review site plan before it is presented to BCC for their vote. Seconded by Gayle Stan. Passed 6/0. Motion by Gayle Stan that PARAB recomm*nds that the zww Skimmers agreement does not go before the Coanty Commission ' on January 7, 1997 prior to the site plan being approve /disapprove or recommendations made by this board ( PARAB) and the commission. Seconded by Max Hasse. Passed 6/0. Chairman Zaks requested that a representative from the neighborhood site specific issues to be addressed (*mangle there is drainage problem). Mr. Blackford stated that he would like for the East Sa.ples 16G Community to understand that just because a motion vas :a that the site plan and lease agreement be revieve -d by PARA.3 before going to BCC does not mean that will take place. Mr. Blackford stared that it happens all the time that motions are made by PARAB 7 to 0 to approve /disapprove and it goes to BCC and they vote for /against. b. Snowfest Update - Mr. Camp stated the Parks and Department hosted approximately 10,000 people at Snowfest. Everything went well. C. Tony Armstrong - Dogs in the Park /Leash Law - No Discussion took place because Ms. Armstrong did not attend. Ms. Armstrong was contacted by phone and mail regarding the PARAB meeting. d. Proposed Agreement for Marco YMCA - Mr. Smith stated that a proposal was submitted to the Parks and Recreation Department by the YMCA. Mr. Smith and Parks and Recreation staff met with the YMCA to discussed the issue. PARAB had requested more detailed information (a copy of the proposal was mailed to PARAB). Mr. Smith stated that he drafted an agreement for review however no decision has been made. Motion by Tim Blackford that PARAB recommend to the BCC not to propose any kind of an agreement with the Marco YMCA. ' Seconded by Elaine Wicks. Passed 6/0. ' e. Bluebill Property Proposal - Chairman Zaks stated that the issue of using the Bluebill property as an access to Wiggins concerns him. Chairman Zaks is in favor for the use of the Bluebill Property as an access to the beach South of Wiggins. 3 16G 0 O f. PARAB Vacant Position for Immokalee District - Mr. Franco stated that a letter was sent to Mrs. Goodnight 2 weeks ago and there has been no response. A letter needs to be drafted by the Parks and Recreation Director and submitted to the board to fill the vacancy. Mr. Smith introduced Steve Mason, as Skips Assistant. g. Monthly Report (November) - a brief discussion took place regarding the monthly report. h. Parks Adoption Report - Mr. Hasse gave an update on Max A. Hasse Jr. Community Park and Golden Gate Community ' Center. The Max A. Hasse Jr. Community Park needs a pay phone and the base around the playground is beautiful but the soil is still being kicked into the playground. Elaine Wicks visit Vineyards Community Park. The Vineyards Community Park is very beautiful. Both Vineyards and Bayview Park do not have any trees or shade around the playground. Ms. Wicks stated that it would be nice if some shade can be install. in those areas. Bayview Park looks great and is well maintained. The tic- tac -to in the playground area is damaged and has some sharp edges which needs to be repaired. i. Immokalee Pool Center Renovation - Mr. Smith discussed the planned improvements at the Immokalee Aquatic Facility in regards to the old industrial arts building. J. East Naples Community Park RFP - a Request For Proposal was for a State Board facility concession at the park. The rink will be a 30,000 square foot slab with fencing, landscaping, and small concession facility. A brief discussion took place regarding the North Naples Skating Rink. Mr. John Gast, Skip Camp, Tom 011iff, and Surety Construction met to discuss a cost estimate for the most recent proposal. VIII. Adjournment Meeting adjourned at 4:15 p.m. Motion by Max A. Hasse. Seconded by Gayle Stan. Passed 6/0. 1 1 bG P, I understand the change from neighborhood parks to community parks. The Naples community parks are very impressive and offer both children and adults many excellent activities. ® I live on the North side of Immokalee Road in back of �i Willoughby Acres. I understand that there are over 450 children in Willoughby acres and when you factor in the other neighborhoods (current and proposed) on the North side of Immokalee the number of children will increase dramatically. P* 1 �I It is my observation that the only way a child can get to the community park (Veterans Park) is to be bussed, driven by car or cross Immokalee. With all the traffic no one should try to cross Immokalee. Please consider some type of safe crossing that children could use to go from the North side of Immokalee to Veterans Park and return. Sincerely (--�rthur Staples 105 Heritage Way, Naples, FL 34110 941/514 -4830 1 (B) 6 1 z i O 16G ,, January 7, 1996 Parks and Recreation Advisory Board C/0 Skip Camp 3301 US 41 East Naples, 33962 Subject; Neighborhood Parks: Board; I understand the change from neighborhood parks to community parks. The Naples community parks are very impressive and offer both children and adults many excellent activities. ® I live on the North side of Immokalee Road in back of �i Willoughby Acres. I understand that there are over 450 children in Willoughby acres and when you factor in the other neighborhoods (current and proposed) on the North side of Immokalee the number of children will increase dramatically. P* 1 �I It is my observation that the only way a child can get to the community park (Veterans Park) is to be bussed, driven by car or cross Immokalee. With all the traffic no one should try to cross Immokalee. Please consider some type of safe crossing that children could use to go from the North side of Immokalee to Veterans Park and return. Sincerely (--�rthur Staples 105 Heritage Way, Naples, FL 34110 941/514 -4830 1 (B) 6 1 z i O 16G ,, III 1 COLLIER COUNTY PARKS AND RECREATION DEPARTMENT MONTHLY REPORT SUWARY December 19 96 RECREATION SECTION CURRENT YEAR MTD YTO 314,712 1,055,542 User Hours 7 5, 8 255,528 1 nn IMit_ (Vending) • , 16G I- PRIOR YEAR MTD YTD 250,572 1 NEIGHBORHOOD/SCHOOL PARKS users 19,602 58,806 32,800 98,400 1 REGIONAL PARKS I CURRENT YEAR MTD YTD r Count 30,941 78,796 ach users 74,258 187,659 ark sites visited 729 2,448 Personal Contacts 4,476 15, 788 Neighborhood Parks 36 j 36 I- i ty Park Ierpretive Projects 5 15 t Launch Car Count 15,687 42,671 Boat Launch users 37,647 102,405 enues • Concessions 8,054 17,967 I Permits 500 500 Launch Fees 2,152 7,163 ' Parking `35,898 82,323 PARKS SECTION 1668 users - 2.4 car count (6/)/93) Population 393,600 (C) 7 PRIOR YEAR MTD YTD 29,792 NUMBER OF ACRES 71,501 303,239 926 CURRENT YEAR PRIOR YEAR 5,868 MTD YTO MTD YTD 0o( sites 44 44 50 50 ional Parks 701 701 701 Yol Neighborhood Parks 36 j 36 I- i ty Park 42b 42.5 432 432 1668 users - 2.4 car count (6/)/93) Population 393,600 (C) 7 PRIOR YEAR MTD YTD 29,792 126,350 71,501 303,239 926 1,925 5,868 25,582 2 2 19,150 75,933 45,960 182,238 3,528 8,353 347 713 1,761 5,181 21,551 57,738 NUMBER OF SITES CURRENT YEAR PRIOR TEAR MTD YTD MTD YTO 8 8 10 10 16 16 16 16 10 10 10 10 15 15 15 15 M N N •O �' N t7 M N 16G p Y a eC N O N. V, J p O r Q p P z O O O < U M d �O N P N N p N M N O O O Q O O • P N p r O $ m O N H 2 Y O N W J U W O O ,O O O O 00 O O • O O 00 N = O N n e O O M •0 N M �O r J r O P pq N In O �_„ Y X � p ~ < K O P W Y? W !� W N O N •O N P J 60 HY O P N X p K W Y 2 � p N < F Y IY Z Ix O N O co n N V7 P N 'L IJ d w p ^ ^ u1 v1 t0 N r, VI v P A N N QNCJ Yi .! 'O d N n Imo. 6�� •7 O = u P N J L O N n P O M OO O u1 �O vi U N- p OK 1- c0 O P- Y Y N N P p a) N L ^ U p < N N fV P P n •0 O Vt n O O •D 'O ti ^ ✓� `O O N ^ � O .A •p b N M n M n v m f- L � M N p O W Y CC q W � � CK H _ _ u Y u oC O N J d OC O OL Y 'O U - C O a u W Y N n wl v111V W IA It (C) 8 u RECREATION • MONTHLY REPORT DECEMBER ' X. COLLIER COUNTY AQUATIC FACILITY Programs /Classes 62 'Facility Users Instructional Hours User Hours Revenue Special Events I1. EAST NAPLES COMMUNITY PARK 2,173 i19 4,793 3,889 0 IV. IMMOKALEE /Classes 148 'Programs Facility User 50,629 Instructional Hours Instructional Hours 29 19,618 User Hours 4,222 Special Events Revenue 4,617 6,458 Special Events 0 Vehicle Count 20,717 III. FRANK HACKLE COMMUNITY PARK Programs /Classes 277 Facility Users 18,498 Instructional Hours 188 User Hours 5,682 Revenue 5,598 Events 0 'Special Vehicle Count 6,458 IV. IMMOKALEE COMMUNITY PARK Program /Classes 26 Facility Users 81,989 V Instructional Hours 106 User- Hours 19,618 Revenue 1,495 Special Events 0 Vehicle Count 6,458 fV. GOLDEN CATE COMMUNITY CENTER VI. VETERANS COMMUNITY PARK Programs /Classes Program /Classes 70 25,531 Facility Users 16,490 User Flours Instructional Hours 130 10,810 User Hours Revenue 7,413 5,187 Vehicle Count Special Events 0 Vehicle Count 6,000 15348 VI. VETERANS COMMUNITY PARK Programs /Classes 525 Facility Users 25,531 Instructional Hours 212 User Flours 5,268 Revenue 10,810 Special Event 0 Vehicle Count 9,840 VII. VINEYARDS COMMUNITY PARK through 12/17/96 only Programs /Classes 373 Facility Users 30,780 Instructional Hours 166 User Hours 6,130 Revenue 8,592 Special Events 250 Vehicle Count 12,000 VIII. GOLDEN GATE FITNESS CENTER (C) 9 Program /Classes 0 Facility Users 1,682 Instructional Hours 0 User Hours 1,682 Revenue 4,342 Special Events 0 Vehicle Count GGCP 28,047 IX. IMMOKALEE REC /POOL COMPLEX Program /Classes 3 Facility Users 10,022 Instructional Hours 91 User Hours 5,790 Revenue 709 Special Events 126 Vehicle Count 3,023 X. RACQUET CENTER Program /Classes 91 Facility Users 2,252 Instructional Hours 91 User Hours 4,176 Revenue 6,989 Special Events 0 Vehicle Count - I6G ; 16G �i To: Skip Camp, Acting Director Department of Parks & Recreation eFrom: Mary Ellen Donner, Recreation Supervisor Date: Jan. 1, 1996 Re: Pool & Fitness Revenue Report FY YTD FY YTD FY YTD 94/95 94/95 95/96 95196 96197 96/97 ® ■ OCTOBER Pool $4,232. $4,232. $3,262. $3,262. $3,509. $3,509. Fitness Na n/a n/a Na $5,567. $5,567. Totals $3,262. $3,262. $9,076. $9,076. NOVEMBER Pool $3,679. $7,911. $2,978. $6,240. $3,122. $6,631. Fitness Na Totals Na $4,447. $7,425. $4,447. $10,687. $3,912. $9,479. $7,034. $16,110. DECEMBERPool $3,139. $11,050. $1,294. $7,534. $3,889. $10,520. Fitness Na rVa $2,845. $7,292. $4,342. $13,821. Totals $4,139. $14,826. $8,231. $24,341. JANUARY Pool $3,872. Fitness Na $14,922. Na $2,878. $7,714. $10,412. $15,006. Totals $10,592. $25,418. FEBRUARY Pool $3,815. $18,737. $4,603. $15,015. Fitness Na Na $4,082. $19,088. Totals $8,685. $34,103. MARCH Pool $10,309. $29,046. $6,675. $21,690. Fitness Na Na $3,760. $22,848. Totals $10,435. $44,538. APRIL Pool $12,851. $41,897. $11,312. $33,002. Fitness Na Na $5,204. $28,052. ' Totals $16,516. $61,054. MAY Pool $16,846. $58,743. $15,256. $48,258. Fitness Na Na $4,030. $32,082. Totals $19,286. $80,340. JUNE Pool $19,396. Fitness n/a $78,139. - Na $20,540. $3,318. $68,798. $35,400. Totals $23,858. $104,198. JULY Pool $12,936. $91,075. $18,424. $87,222. Fitness Na Na $5,181. $40,581. Totals $23,605. $127,803. AUGUST Pool $11,664. $102,739. $17,195. $104,416. Fitness Na Na $4,833. $45,414• Totals $22,028. $149,830. SEPT Pool $8,704. $111,443. $11,459. $115,875. Fitness Na Na $10,078. $55,492. ' Totals $21,537. $171,367. ;should you have any questions, please contact me. (c) 10 16G �i i e Athletic Section !Monthly Report Month: December Year 1496 1 Athletics 8 Tennis LActivity Total 42 V. Games 1 72 ATHLETICS 18 GGCP 1 agl1ltV Users VCP 77 ENCP 405 Totals 188 VI. Special Events Ath:e;lcs GGCP ENICP VCP Men's 35 Over 405 _ ail's Softball t 405 's ;'oftball 945 765 Marco 30 405 Ruth 270 270 th Flag Football 300 300 600 Youth Cheerleading 200 200 200 C ier Youth Football 300 Tis (Golden Years) 42 80 0 1 entury Softball Tourney 1440 1800 Practices 270 405 4,307 500 3,715 #Levenue Section $6,040.00 1 Iv. Instruction Hours Athletics 8 Tennis 34 Total 42 V. Games ATHLETICS 18 GGCP 83 VCP 77 ENCP 10 Totals 188 VI. Special Events 1/2 Century Softball Tourney 36 team VII. Monthly Highlirlhts December 4 ASA District Meeting December 14 - 15 1/2 Century Softball December 14 Mistle FUn Toe Run December 18 Basketball Coaches Meeting VII. Traffic Count Back Facility User Hours Athletic GGCP ENCP VCP 505.25 5,481 500 4,625.25 (C) 11 19.575 O A'7• V.'f I G 28.047 Totals 160 I6G ^ " A -4 c7 M FD-+ �D a l 0 N N N M p M ^ r- 14 J M O0 CIO y, W �O r-1 r-1 Q P en n Q � —4 rn J M "� 0 10 b N N r-1 v1 O\ Q` J N M UN OO M kO - - O of O\ rn u'1 rn O� �O a0 M N M M J J Ln to 10 aO n n �J fly co O O O �y M J O n a, ^ co -4 � R4 y�I _ Ln CO r-4 01 L!1 co R N ,1 1 _ I!1 M N 90 .�5 1 Ci EAy M rn rn .4 rMi %0 � O CD u, n O rn W O v1 M O �� ,.I W '� CN M J if1 v1 v'1 W 10 w U F hi 1n t! 1 Q N N N 10 ko m W -i N Cy ` M . p M Cry M 00 Ol O Cp M M N J r- M ON •--1 n N O O rn r-1 n w n m .-4 n n ,-4 r., ?� M .-+ n M cn Cl .-r �o n 10 -4 C14 N m co O M M M J J vi N J1 w v oo J O J rn O co M r- n vi O 1.0 N �0 1n co �+ Vali O Q� •--� �O J m M 1!1 R� M ko C q J O O, n J J N M rl N f'1 ce L+] FQ �W a � 07 EO" C j w U '' 94 O U O w en M Ln I6G U COLLIER COUNTY PARKS AND RECREATION PARK MAINTENANCE MONTHLY REPORT December 19 96 Park Maintenance Operations: Continue all daily maintenance operations relative to County Park and waterfront facilities. Continue County -wide beach raking operations. I Park Supervision:_ RFP for Cocchatchee in process of being advertised, opening date mid - January 1997. Executive S unary prepared and submitted to BCC regarding rejecting Stan Heaphill's proposes (grant writing services.) Fencing installed at Pelican Bay and Vineyards Community Park. Reorganization of parks organizational chart complete. Executive Summary prepared for ' floating docks at Caxambas for use by Rowing Association. 1 4050/8/96 (C) 13 16G PARKS MAINTAINED # OF ACRES # OF SITES MTD YTD School Sites 44 8 44 8 44 8 Regional & Water Orientated 701 16 701 16 701 16 Neighborhood Parks 36 10 36 10 36 10 Community Parks 425 15 425 15 425 15 *Gulf Coast Little League transferred from Neighborhood Park to Community Park Jane's Scenic Drive added 1/95 - 12 miles, 142 acres East Naples Neighborhood Park added 5/95 So. Naples Community Park (Hubschman /Bathey property) added 11/95 ' Lake Avalon (Sugden Regional Park) added 8/95 Special Projects: Description: Gulf Coast Community Park renovation (new lights, shade structure, complete. Regional Parks Plan complete. Beach Parking Program going eto City for approval January 15, City Council. Play structure for Tigertail Beach ordered. Play structure for Golden Gate Community Center installed. Three meter diving board at Golden Gate Aquatic Center installed. I Park Supervision:_ RFP for Cocchatchee in process of being advertised, opening date mid - January 1997. Executive S unary prepared and submitted to BCC regarding rejecting Stan Heaphill's proposes (grant writing services.) Fencing installed at Pelican Bay and Vineyards Community Park. Reorganization of parks organizational chart complete. Executive Summary prepared for ' floating docks at Caxambas for use by Rowing Association. 1 4050/8/96 (C) 13 16G 0 PARK RANGER PROGRAM MONTHLY REPORT DECEMBER 1996 MONTH YEAR ADMINISTRATION: Routine adminis rative. evaluations. &cheduling. interviews, ,,,• lete $elections for a 1 open positions. -,FIELD OPERATIONS: Routine patrol of beaches and parks, enforc.9-4 Ordinances when J=d&d__&asistijd park visitors. • •t of monies from meters, •:tom deposits, • w • t • • 0 SITES Beach Facilities Barefoot Beach Access Barefoot Preserve Clam Pass Park Tigertail Beach Vanderbilt Beach No. Gulfshore South Marco Vanderbilt Meters Totals Citation Revenue 1 Boat Launch Facilities: BEACH & WATER A_ • Y•t 6 2,080 5,218 6,185 16,843 5,145 13,769 8,826 21,888 3,565 9,285 3,055 6,250 2,085 5,543 1 *Users - car count x 2.4 USERS* Month 4,992 Bayview Park 5,075 12,393 12,348 SR 951 Caxambas 1,357 1,868 3m836 4,082 8,556 Lake Trafford 3,496 10,081 5,004 Cocohatchee River Park 3,891 12,279 Totals 15,687 42,671 1 *Users - car count x 2.4 USERS* Month 4,992 12,522 14,844 40,422 12,348 31,600 21,182 52,530 8,556 22,283 7,332 15,000 5,004 13,302 12,180 29,742 3,256 9,205 4,483 0,795 8,390 24,194 9,338 29,469 REVENUE Month TAD 1,848 3,029 8,711 20,162 3,949 8,913 15,815 38,291 2,059 4,223 180 366 1,951 3,570 1,385 3,769 35,898 82,323 430 1,320 Meter Revenue 1,173 2,287 1,471 1,884 37,647 102,405 2,644 4,171 LUIK SITES VISITED PERSONAL CONTACTS INTERPRETIVE PROJECTS Month YTD Month YTD Month YID 729 2,448 4,476 15,788 5 15 COMh1ENTS: 1 5933 (C) 14 16G� C Fi e e 0 ri, e I D 1 v e e e M E M O R A N D U M DATE: January 15, 1997 TO: PAR.AB FROM: Gary Franco, Parks Superintendent SUBJECT: Update Reports for Parks MAX HASSE JR., COMMUNITY PARK I. Pay phone - Thj was ordered approximately 4 weeks ago the vendor now has committed for the installation to be completed shortly. 2. Red Clay - r. concern was expressed regarding the children's play area and concrete walk way containing red clay. This is caused from the ball field clay on cleats of players shoes. This activity is inherit in nature, however county staff will daily clean areas. BAYVIEW PARR 1. Play area - the tic tac toe play structure was reported broken. County staff removed broken equipment and ordered replacements or December 30, 1996. 2. Shade Trees in Play Area - these trees have been ordered and should be installed in approximated 3 weeks. Late January. (D) 15 16G 1 1 e e 1 i 1 1 1 1 1 1 1 1 1 PARKS ADOPTION January 16, 1997 TIM BLACKFORD: a. Veterans Community Park Need a Report b. Clam Pass Community Park Need a Report 6/25/97 a. Immokalee Community Park Need a Report b. Immokalee Recreation /Pool Need a Report MAX HASSE: a. Golden Gate Community Park Need a Report b. Golden Gate Community Ctr. Need a Report C. Max A. Hasse Jr., Community Need a Report 2/26/97 GIL MUELLER: a. Frank Mackle Community Park Need a Report by b. Tigertail Beach Need a Report by C. Collier County Racquet Ctr. Need a Report by 3/26/97 GAYLE L. STAN: a. Cocohatchee River Park Need a Report by b. Lely Barefoot Beach Need a Report by 4/23/97 ELAINE WICKS: a. Vineyards Community Park Need a Report by b. Bayview Community Park Need a Report by REPORTED 12/18/96 5/28/97 JOSEPH ZAKS: a. Pelican Bay Community Park Need a Report by b. East Naples Community Park Need a Report by 1/22/97 AVAILABLE PARKS .a. Sugden Regional Park Status by Staff b. South Naples Community Park 11 11 it NOTE: * TO PARAB MEMBERS: PLEASE REPORT ACCORDING TO DATE (D) 16 16G i i i i 0 PARAB MEETING SCHEDULE FOR 1997 �kir* * * 1. January 22, 1997 meeting schedule at Golden Gate Community Center, at 2:00 p.m. 2. February 26, 1997 Meeting schedule at Veteran Community Park, at 2:00 p.m. 3. March 26, 1997 meeting schedule at Immokalee Community Center, at 2:00 p.m. 4. April 23, 1997 meeting schedule at Vineyards Community Park, at 2:00 p.m. NOTE: Meetings date can be changed due to any County holidays observed. PARAB members will be notify 2 weeks prior to meeting dates for any unforeseen circumstances. ** MEANS A DATE OR A LOCATION HAS BEEN CHANGE. (D) 17 16u n i e PARRS AND RECREATION ADVISORY BOARD IMMORALEE DISTRICT Immokalee, Florida (rosidsnco) MARCO ISUUM DISTRICT (1) Mr. Gil Mueller 541 Bl.ackmore Court Marco Island, Florida 34145 (rosillencs) 394 -9444 URBAN DISTRICT (1) Mr. Joseph Zaks 4841 Shearwater Lane Naples, Florida 34119 (residence) 592 -5140 (work) 262 -5959 (Fax:) 434 -4999 (2) Ms. Elaine Wicks 2640 Golden Gate Parkway suite 216 Naples, Florida 34116 (residence) 434 -9784 (work) 434 -0333 (Fax:) 434 -9320 (3) Mr. Timothy M. Blackford 276 Madison Avenue Naples, Florida 34110 (residence) 566 -9121 (work) 261 -4446 (Fax:) 261 -8707 (4) Ms. Gayle L. Stan 735 98th Avenue N. Naples, Florida 34108 (residence) 591 -4910 (work) 353 -0444 (Fax:) 353 -9040 (5) Mr. Max A. Hasse, Jr. 3340 23rd Avenue SW Naples, Florida 34117 (residence) 455 -2028 5668 (D) 18 Term expires 12/31/98 Term expires 12/31/99 Term expires 12/31/98 Term expires 12/31/98 Term expires 12/31/97 Term expires 12/31/97 Term expires 12/31/99 16G r MEMORANDUM � :'nu ►gip C.n!NrY I 16G 97 JAN 14 AM 9: 10 DATE: January 13, 1997 ;1 r :. �• TO: Skip Camp, Parks and Recreation Director FROM: Sue: Filson, Administrative Assistant ' " - Board of County Commissioners .1A'l 1 7 1_127 RE: Parks and Recreation Advisory Board 1 of As you know, we currently have vacancies on the above- referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Billie Cheney P.O. Box 5021 Immokalee, Fl, 34143 Please let me know, in writing, the recommendation of the advisory committee for appointment and I will prepare an executive summary for the Board's consideration. Please categorize the Applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. Attachments r 7E- zi�Oj A. =1:2 DAI E. 10,JANUARY 1997 16 SUE AKISI'ANT. COUNTY MANAGER OFFICE FROM: ANNIE PAPPALARDO, CCPRD RECREATION SUPERVISOR - IMM SUBJECT- P.A.R.A.B. REPRESENTATIVE arks ard Adviscri i mel, Ms Cheney this mci-ning and sne seems ave ;,yonenad and citi-9n Of Immokalet. � e rr m,.;n' . IZ She stated st9 has lived Vie,,_- lorever, and would ilke ver",f much to ser-vre the cornrnunity as a P.A.1R.A.S. :---presentative. I have included Ms Cheney's fesunle Phase feel free to :.31! her vvilh any questions or --oncerns that yon: mignt lave IL. - - ; c'_ rd : (fiS. Billie Cheney P.C. Box 5021 Immokaloo, FL 33934 . (941) 657-1231 OBJv-CTZVZ 16G -to JAN 10 1997 Board of County CoT.MissiO::,:-- p 7 f S Y 0r SUPPORT!7E art, + 4b EXFZRIENC—V. 1ANGUAGE ARTS TEACHER S C n A b, TEAM LEADER -in Z z zv sc :7 ma:t-a-5; an.:I : ;:, f 2 Billie Cheney P.O. Box 5021 Immokalee, 1rL 33934 (941) 657-1231 OWNER AND MANAGER SL'A':tt- A.•::P, r 1982-19:i5 El"IUCATA--ON K-c v a -J eme ri t7 a REFERENCES 1 RECEIVED 16 G A COLLIER COUNTY GOVERNMENT DEC 2 0 Effi DIVISION Ol? PUBLIC SERVICES PARKS AND RECREATION DEPARTMENT 3340 S''" NAPLES, FLORIDA 3 MEV'9RD S (813) 353 -0404 December. 19, 1996 A CER71MD BLUE CHIP CObII4UNrry Collier County Board of County Commissioners 301 Tamiami Trail, East Naples, Florida 34112 Attn: M! ;. Sue Filson, Administrative Assistant Ref: Parks and Recreation Advisory Board Board Member Position Dear Ms. Filson: As Chairman of the Parks and Recreation Advisory Board and in concert with Collier Bounty Ordinance Number 93_ 81f Section Four, Paragraph ,. „ . I am Board of County Commissioners a requesting that the replacing Ms. Anne Goodnight, PPoMst a new Board Member attended the past twelve meetings. Goodnight has not By Services copy Administrator as called letter l am notifying Tom 011iff, public for within the Ordinance. Please consider advertising for this Hispanic press and radio stations in Immokalee. in both the Should you have an MY office, any questions, please feel free to contact Thank you. Very truly yours, jph Za s, Yr hairman er C un and ea tion Advisory Board Norris Hancock. Constantin Mac * K i o Berry Members Jack McKenna James Cavanagh, David Craig Edward Ferguson Charles Getler Timothy Hancock Bob Laird Bill Neal Karl Otto John Stockton Bernard Weiss Staff Adolfo Gonzalez Sheila Leith Mike Smykowski Jail Tour County Government 1 6 G Productivity Committee Meeting Minutes - December 18, 1996, 1:00 P.M. JAN 14 1997 Present Absent Board of Co!; .itY x x x x x x x x Guests Captain Greg Smith Judge Ted Brousseau x x x - the Committee met at the County jail and were guided through a tour of the facility by Captain Greg Smith - the tour provided a comprehensive view of facility processes and building limitations -the Committee very much appreciated the time that Captain Smith devoted to provide this insightful view of operation and physical plant 2:00 P.M. Meeting convened in County Manager's Conference Room - Captain Smith reviewed some facts and figures regarding jail operations -total operating budget is $12.5 million -cost per inmate per day is $44, subsidized by inmate welfare of $1 per day -pre trial release program accounts for 100 people who would otherwise be in jail -an average of 50 people are under house arrest -the jail population is managed so that only those who pose a serious risk to society are incarcerated -drill academy diverts juveniles who would otherwise be candidates for jail -not in drill would at the very least be in community control Misc. Corres: -there are habitual criminal that are serving "life sentences 30 days at a time" -75 to 85% of prisoners are pre -trial Date: cl -major challenge is the revolving door aspect of county jail Item# ) �G 611 Copies To: Judge Brousseau 1 L v G -Judge Ted Brousseau was introduced to the group -Judge Brousseau was very active in the "jail tax" referendum -his focus was on the establishment of a work restitution center -the center would not eliminate the need for the jail expansion but would provide a reasonable alternative to jail -work restitution centers are cheap to build (110 beds, $2.6 million) and maintain compared to high security facilities -110 people pay their way, go to work, continue to support their families, back to jail in off hours - people on probation do not get into trouble while working, trouble happens in leisure time - treatment for problems during evening hours at the center - eliminates the need for jail & prison space -from an ecoctomic point of view makes sense -3 biggest contributors to the need for jail beds: I. crack cocaine 2. smokable heroin 3. domestic violence (higher profile due to OJ case) -also STOP legislation meant that state prisoner must now do 85% of their jail time -prior to this people were pleading guilty in order to be sentenced to state prison where they would do less time then county -now they want to go to trial and as a result the average stay in county jail is longer -this has put more pressure on the facility -also there is a "management factor" that effects bed utilization -there are 75 unusable beds at any time because of the 8 different classifications of prisoners that must be segregated -we have a 754 bed jail system -what leverage does the state have to mandate a jail? -no one is overlooking that component at the local level -when an inmate files suit the state will look at it and may issue a mandate to correct the deficiency -set of jail standards came out of the "Mean Jail" suit due to the conditions of confinement jail population's have to be included in the County's comprehensive plan jails are tremendously regulated, HRS, American Jail Association, OSHA, Florida model of jail standards - community requirement, 2.4 beds per thousand in growth management plan -number of beds, management standards, peak population standard, eating area components, support functions etc. - County must enter into contract within I year of identification of deficiency -the last program analysis was done 6 years ago - financing alternatives need to be explored - Captain Smith feels that the best alternative is the half cent sales tax -it is the only method that will effect the jail population -most inmates are not property owners but they do pay sales tax - Captain Smith is opposed to privatizing the jail - privatization can be less costly initially but tends to cost as much in the long term and is not as effective - organization that lobby for privatization say they can do it cheaper then lobby for a tax break -the areas that can be privatized and save money have already been explored -you can save big money privatizing food, medical, and commissary - operational cost and supplies (bleach floor, wax etc.) will be the same 16G - personal services 75% of budget - privatization could substantially reduce staffing costs but quality of staff would also be diminished -local partnerships with schools, religious services etc. (all free services) would end with privatization -Key West privatized their jail and reduced wages and benefits -like Naples, Key West is an expensive area to live in and they couldn't find people to work at the lower rate of pay - County had re- assume operation of the jail -there are some good private companies but they are more effective operating state facilities - County jails have a different dynamics, community involvement -the jail deputies in Collier County are law enforcement personnel Cost Issues Adolfo Gonzalez, Director of OCPM - Adolfo outlined the estimated cost of the expansion and scope of the project -Karl Otto mentioned that he saw a modular jail cell concept in New Jersey (they stack them) which apparently costs 50 -60% of the amount of a standard building -Karl suggested that this alternative be explored by OCPM and offered to assist -as mentioned before, the facility needs were determined 6 years ago - Adolfo provided a handout (sec attached) which included: • location of jail expansion • jail expansion estimated project elements totaling $28,500,000 • inmate housing cost estimates • survey of jail construction costs in Florida (1990 -1996) • operations construction cost per square foot • chiller plant upgrade • parking structure cost estimate, 550 spaces at $11,000 per space • stale assumptions -Mike Smykowski, Budget Director who was in attendance at the meeting mentioned that the Immokalce jail also needs to be considered -this facility was built in 1961 with no changes to the structure since then - estimated cost of replacement $2 million Purchasing Sub- committee -Dave Craig distributed an outline of the Sub - committee's work to date Meeting Adjourned 4:30 P.M. Next meeting Wednesday January 15, 1997 2:00 P.M County Manager's Conference Room, 2"'' Floor, Administration Building ' �•'T f 7 � �,. l' ».� �, 1 ,.,� f r ,, 7 is�T' ��..5 .r x .�., . ..{ r: ?., 1 ' ;• ' •, �' #trt,'C' �� - � , ' t �s- F � �, - .ate, ". r: :.� 1 ; • `� .y � � 1 C'�• ! is •(t' f ` .1' ' •r ,'�^ � mss. ''�� .� � .-j I^ ♦• O �^ • (DO /� CL , ` CD �0LLI E R COUNTY 16G VISITORS GUIDE Juvenile Detention Center Area--,"., �- Ezirting Perimeter Road a 0 Q O ry O •G 0 Relocated Perimeter Road H M EGqj HARPISON ROAD GTE r� Q, o� COLLIE=R COUNTY GOVERNMENT COMPLEX Y � a Coor .1 • ', �� •�,� •`Fret ?'CJ �� u :'' . 17D CD to i'D boa F� o N oo J _p • �L O O O Q O p �, Cy a O Q O d O CD CD C� ;16G CD •• . _' .5�.► CD :ff.'s ��_,.• '� ,..,r;� �� ..� • . f�f �.•. • � � Fes+ • • • '. P•'I• CD n n C7 . ct O GOC) 64 coo w w � � as., .. 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CorreS: Barbara Berry x David Craig x Edward Ferguson x Date: Charles Getler x Bob Laird x Item# Robin Maretta x Bill Neal x Copies to: Karl Otto x John Stockton x Bernard Weiss x Staff Sheila Lcith x 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 Byrne 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 Sheriffs operations needs to be incorporated into the discussion i.e. work release, jail expansion, juvenile center, Sheriffs 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) norr i s Hancock constanttne Mac'Ki• Rerr7 -a discussion ensued as to how far the Productivity Committee should go in promoting jail expansion 1 b G -if GNCA, 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 staff needs 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 Committee encourages the building of 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 February 19, 1997 2:00 P.M County Manager's Conference Room, 2n4 Floor, Administration Building 16G "' MARCO ISLAND BEACH RENOURISHMENT ADVISORY COMMITTEE MINUTES - DECEMBER 4, 1996 The meeting was called to order at 9:00 a.m. by Frank Blanchard, Chairperson. Members present were Michael Glime, Joe Christy, Giles Goral, Gil Scholes, and Charles Huttinger. John Dougherty and Buddy Harris were excused. Also present were Harry Huber, Collier County Capital Projects, and several residents. A motion was made by Glime, seconded by Scholes to approve the minutes of the November 13th meeting as presented. Motion carried. Huber stated he was convinced there is a need for an additional beach cleaning machine. He will begin the process for funding approval of the new machine. He expects this item to appear on the County Commissioners agenda in February. He will suggest tW the ne4 machine remain on Marco with the other machine to service Naples and Vanderbilt beaches. The storage of the machine will be addressed by H,iher. . Huber stated that th(� revisions to Ordinance 89 -11 regarding personal water craft has been rescheduled for the County Board agenda January 14th. Huber reported that the Hideaway Beach sand project Is expected for completion by the end of the following week. He estimated a cost of $100,000 spent from Bed Tax dollars. Huber expected that the Installation of the T- Groins would take place prior to Turtle Nesting season, May 1997. There are no objections to the project at this time. There has been positive response from the DEP. Blanchard reported on a visit to Fisher Island where the T- Groins have been Installed for approximately 4 years. . Huber reported that the Inlet Management Plan for Caxambas Pass was presented to the County Commissioners. The Commissioners urged implementation of the dredging project as soon as possible - prior to Turtle Nesting season. Huber drafted a "Notice To Proceed" Coastal Engineering to obtain necessary permitting. The next step will be to prepare construction specifications and put out for bid. Huber estimated a 1 -2 month dredge time depending on mobilization and weather conditions. 38,000 cubic yards will be dredged. Huber is not anticipating any problems with modifying the permit. It was suggested that the bidding process work simultaneously with the permitting process for the Hideaway beach project In order to expedite the work. Huber will work on this. Huber distributed the annual supplement to the monitoring contract. The next step would be approval from DEP and advertising for bids. He agreed he would work simultaneously on this project. a 16G Marco Island Beach Renourishment December 4, 1996 Page Two A question was raised regarding a recent letter published in the newspaper concerning damage to the breakwaters. Huber stated there was no evidence of any damage to the breakwaters. Dave Sommers, Hideaway Beach, reported that some markers at Royal Marco Point may need to be re- installed. Huber will investigate this Issue. The committee discussed no enforcement of the idle speed required by boaters on all beaches and channels. With no further business to discuss the meeting adjourned at 9:45 a.m. Next meeting will be January 8, 1996 at 9:00 a.m. Respectfully submitted by The Bottom Line. l� MARCO ISLAND BEACH RENOURISHMENT 1 6 G ADVISORY COMMITTEE JAN 6 1997 Board of County Corgi• AGENDA MEETING OF JANUARY 8, 1997 HACKLE PARK 1. Agenda. z• Approval of Minutes of December 9, 1997 3. Beach Cleaning Schedules - purchase of second machine 4• Collier County Ordinance 089 -11 - ACC agenda for 1114 5. Hideavay Beach sand addition 6. Videotape presentation of beach - Harris 7. Old Business 8. New Business 9. Public Comment 10. Adjourn till February 5, 1997 Norris l� Hancock Constantine Berry Berry Misc. Corres: Date: �1 Item# Copies To: Collier County Government Center • 3301 Tami� ►mi 'I�ail, East • Naples, Florida 33962 u MARCO ISLAND BEAUTIFICATION ADVISORY COMMITTEE MINUTES - JANUARY 7, 1997 1 6 G A' The meeting was called to order at 1:30 p.m. by Gil Scholes, Chairperson. Members present were Jane Hittler, Joanne Rusitzky, Richard Eggers, victoria Williams, Dee Bare and Margaret Paulson. Also present was Steve Fabiano, Collier County Transportation Dept.; Mike McGee, McGee and Associates; Scott Miller and Scott Rayne, Environmental Care, Inc.; Judy McClure, The Bottom Line; Bill Rogers, Naples Daily News; and Sue Neal, Marco Island Taxpayers Association; Kathleen McNamara, Marco Island Eagle; Michelle Burt, Spinnaker Cay Property Management; Betsy Perdichlzzi, President of the Historical Society. ��ex: �x*: x, �xtx** axssx: xxxxxx�xxxa* szxxx�trxrtxxt* tt, tx * :t�xx,et�rxxxxtx *t *�txxtxaxxtt MOTIONS 1. A motion was made by Paulson, seconded by Eggers to approve the minutes of the December 3rd meeting as presented. Motion carried. ttttxstxt�ttsxttt�t: xtt* attxrtx�tt: xx, txxaxxxatxxxx: tttxxtxxxtxxtxxrsstt�ttxzxfrxxtx :xa Fabiano presented and reviewed the Expenditure Budget Status dated December 1996. Third page of the report shoved open purchase orders. Mike McGee's report McGee presented and reviewed his quarterly on -site inspection report as of 12/31/96. Trees - Large canopy trees are in enerall generally g Y good shape. Palo trees - In 9 y good condition. Shrubs - In generally good condition. Several need replacing. Grasses and Ground Covers - Lirlope, facahatchee and fountain grasses are in good condition - Juniper need to be watched and treated for fungus. Turf - In good condition except for newly laid turf along South Collier - A revised fertilization spray program was submitted by the Contractor. Mulch - All beds are being mulched at this time. Watering Water program is working well. Irrigation system at the park is functioning Hittler Park - Turf areas have recovered except for a fewrsmallyareas - One bougainvillea plant needs to be added - Liriope plants have a scale infestation and will be treated. - The washouts at the seawall are creating a serious problem and needs to be addressed asap. Fabiano will address this issue. - Guava trees need pruning. - Slash pines need to he treated - A washout in front of the benches has created a hazard - The carrotwood trees need to be pruned. Balfour Drive - - Liriope beds need to have dead foliage removed - Palms under the power lines need relocating - Palms will need pruning - Bahia sod needs to he placed along the back of curbing area Marco Island Beautification Advisory Committee January 7, 1997 Page Two North Collier Blvd. - A weed problem in several areas of the newly installed sod will be addressed by the contractor. - The contractor will replace shrubs and ground cover that have died. - The palms at the Jolley Bridge are recovering - Median 120 will need top dressing with shell mulch - The stakes and guys on hibiscus will be removed or replaced South Collier Blvd. - Median 11 & 12 have dollar weed and will be treated - Median 15 has some damage and will addressed - Median Ill, palms need to be trimmed - Median 113, gumbo limbo tree, needs trimming - Medians 119 - 124 new turf is in poor condition - Median 124 tabebuia tree needs to be restaked - Median 127 black olive tree needs to be straightened - All queen palms need to be reviewed for low hanging fronds Sandhill Drive - The median needs to be renovated. Seaview Court - Newly planted trees have turned brown and will be addressed by the contractor. - Allamada plants will be reviewed and /or replaced as needed. South Heathvood Drive - The bougainvillea will be removed and replaced with a row of dwarf bougainvillea down the center. Urgent Care Triangle - Turf needs to be treated for weeds and shrubs will be pruned. McGee complemented the contractor on thh Improved maintenance services and on the overall condition of the project. All communications with the contractor have improved. Committee discussed proposed plans for South Barfield. McGee will submit a proposal for the refurbishment of South Barfield at the next meeting. Fabiano reported that he was unable to get an update on the effluent line and will continue to make contact. fie will update at the February meeting. Betsy Perdichizzi presented a plaque which reads "Home of the Marco Island Cat" and asked that the committee consider a location for it. The committee discussed several possible locations and agreed to install it at the "Welcome to Marco Island" sign. Scholes reported that the at -large committee seat he held is up for reelection on March 1, 1997. Fablano will consult with Sue Filson on the appropriate procedure. Scholes will submit an annual report to the County Manager on the progress of the advisory committee. Michelle Burt spoke against the crushed shell used in medians in front of Cape Marco condominium. Fablano gave the background and ecological reasons for the shell vs. turf in these medians. He suggested, and the committee agree, to install dune sunflower in order to add more color to these medians. With no further business to discuss the meeting was adjourned at 3:00. Next meeting will be held on Tuesday, February 4, 1997. Respectfully submitted by The Bottom Line. 1 MARCO ISLAND BEAUTIFICATION COMMITTEE Z 6 G C/O Public Works Administrator Collier County Government Center Naples. Florida 33902 AGENDA Tuesday, February 4, 1997 - 1:30 P.H. HACKLE PARK COMMUNITY CENTER 1. Call to Order. 2. Approval of Minutes of January 7th meeting. 3. Budget Report - Steve Fabiano 4. Landscaping a• Current conditions report - Mike McGee b. Comment from Environmental Care c. Report on completion of South Collier Blvd. d. South Barfield design plans 5. Watering 6. Update on Jolley Bridqe Gateway project. 7• Welcome to Marco Siqn a. Any current recommendations now that Royal Palms are in place. b. Stone for Marco Cat Marker 8. Resume's received by County for at -large vacancy commencing 3/1/97. Review, discussion and recommendations to CCBC. 9. Discussion of FY 97/98 projects and recommendation to Transportation Services Public Works Divisions for their March /April budget plans. 10. Other business 11. Adjourn MisC. Corres: • Norris Hancock Date: �� >= Constantine Mac'Kie Item# Berry Copies To: r' Phone (941) 643 -8330 1 6 G FAX (941) 643 -8331 MEMORANDUM DATE: December 13, 1996 TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Joanne Dalbey Planning Technician I SUBJECT: Affordable Housing Commission Meeting Minutes RECENM DEC 16 as gurd of County CaWsstoners Sue, enclosed are the minutes of the November 19, 1996 meeting of the Affordable Housing Commission. The minutes were approved at the AHC meeting held on December 12, 1996. If you have any questions, please call me. Thanks. /jd Encl. Norris Hancock Constanti Mac 'Kit Wry Misc. Corres: Date: Item# �� g Copies To: 16G AFFORDABLE, HOUSING COMMISSION `.,. AFFORDABLE HOUSING ADVISORY COMMIT -FEE COLLIER COUNTY DEVELOPMENT SERVICES BUILDING 2800 NORTH HORSESHOE DRIVE - CONFERENCE, ROOM "G" NOVEMBER 19, 1996 MINUTES SPECIAL MEETING Alan Codi Vanessa Fitz X Joan Gust x Janc Horton' X Mark Lindner x x Bruce Mumm Dwight Oakley x Mark Atom Smith X Fred Thomas, Jr. x X Staff Present: Greg Mihalic, June Goodwin, Susan Golden, Joanne Dalbey MINUTES The meeting was called to order at 8:00 a.m. by Susan Golden. There was a quorum present. Susan Golden stated the draft of the proposed Housing Element mailed to each of the commissioners would go before the City Planning Advisory Board on Thursday, November 21 and that only the first 16 pages of the document would be reviewed, the goals, objectives and policies. Susan and June reviewed each of the sections of the document. Questions and discussion followed. Susan stated that she and June would be attending the City meeting. Motion was made to accept the minutes of March 14, 1996 meeting. Motion was seconded and approved. •1 • 5 TLILI WST loan Crust nominated Mark Smith for Chairman, Mark accepted the nomination. There being no further nominations from the floor, nominations were closed. Vote was unanimous. Dwight Oakley nominated Joan Gust for Vice- Chair, Joan accepted. There being no further nominations from the floor, nominations were closed. Vote was unanimous. 16G Dwight stated he would like to have a copy of the County's Calendar of Events to stay apprised of meetings. Joanne stated she receives the events calendar weekly and will FAX it to the members. Vanessa commented that the early morning meeting seemed to result in better attendance and more business accomplished. Susan asked the members to consider whether they would like to change the meeting time. Decision will be made at the December meeting. The next meeting will be held on December 12 at 4:30 p.m. There being no further business the meeting adjourned. I- MINUTES OF THE FNVTRONMENTAL ADVISORY BOARD DATE: December 6, 1996 TIME: 9:00 A.M. PLACE: 3rd Floor Boardroom, Administration Building, Collier County Government Center, Naples, Florida EAB STAFF PRESENT Foley Exc�s�d Ab es nce Boldt X Hermanson X Burgeson X Hinchcliff X Chrzanowski X Lamoureux X Lenberger X Saadeh Arrived at 916 Seal X Straton X Wilkison X MINUTES BY: Stephen Lenberger, Environmental Specialist II CALLED TO ORDER AT: 9:07 a.m. ADJOURNED AT: 10:45 a.m. PRESIDING: David S. Wilkison, Chairman ADDENDA TO THE AGENDA: Change January EAB meeting to Wednesday, January 8,1996. APPROVAL OF MINUTES: Motion made by hjr Hermanson, seconded by Mr. Lamoureux and carried 5/0, to approve minutes of December 6, 1996. �, EM: Regular Agenda PETITION NO: "Island Walk PUD/DRI" No. PUD- 96- 14/DRI -96 -1 REPRESENTED BY: Stephen Means, Wilson, Miller, Barton & Peek, Inc. Alan Reynolds, Wilson, Miller, Barton & Peek, Inc. George Varnadoe, Young, van Assenderp & Varnadoe, P.A. 1 bG Environmental Advisory Board Minutes .............. ...... ......•.•••••••••••••••December 69 1996 Page 2 16 �+ PUBLIC SPEAKERS: Cathy Graves COMMENT$: For a complete record of the proceedings reader is directed to the tape recording of this meeting, located in the Office of the Clerk to the Board, 5th Floor, Building "F ", Collier County, Government Complex. MOTION: Made by Ms S=, _ traton, seconded by Mr. Saadeh and carved 610, to approve Petition No. PUD- 96- 14/DRI -96 -1 with the following stipulations: Water Management: l . A copy of the SFWND Surface Water Permit with staff report is required prior to construction plan approval. 2. An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of Collier County Ordinance No.91 -102 as amended and SFWMD rules. Environmental: M1. Amend Section 2.3(A) of the PUD document to read as follows by adding the _ underlined lanavaa r• 2.3 GENERAL COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Island Walk shall be in accordance with the contents of this PUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this PUD Ordinance) and Collier -County Growth Management _Plan which are 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 this PUD Ordinance, or subsequently adopted Community Design Guidelines and Standards, does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. Environmental Advisory Board Minutes ................. 6, 1996 Page 3 6 (, PETITIONN O: Falling Waters North Preserve" No. SDP -96 -151 pRFSENTED By; Gary Butler, Butler Engineering, Inc. CQMMENTS: For a complete record of the proceedings reader is directed to the tape recording of this meeting, located in the Office of the Clerk to the Board, Sth Floor, Building "F ", Collier County, Government Complex. MOTION: Made by vtr Hermanson, seconded by Mc $traton and carried 6 /0, to approve Petition No. SDP -96 -151 with the following stipulations: Water Management: 1. That a SFWMD permit or permit modification be secured prior to issuance of a Final Site Development Plan Approval. Environmental: 1. The Final Site Development Plan shall be submitted to the Environmental Advisory Board for review and approval. 2. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to Final Site Development Plan approval. 3. 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 Florida Statutes Section 704.06, 4. 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 Current Planning Environmental Staff. 5. A Gopher Tortoise relocation/management plan shall be submitted to Current Planning Environmental Staff for review and approval. A copy of the relocation/management plan shall be included on the Final Site Development Plan. Environmental Advisory Board Minutes .................... .......................December 6, 1996 Page 4 16 6. Petitioner shall submit copies of approved gopher tortoise permits prior to or at the pre - construction meeting. PETITION NO: "Berkshire lakes parcel E" No. PSP -96 -15 PRESENTED BY, Dwight Nadeau, Mcanly Engineering & Design, Inc. COMMENTS: For a complete record of the proceedings reader is directed to the tape recording of this meeting, located in the Office of the Clerk to the Board, 5th Floor, Building "F ", Collier County, Government Complex. MOTION: Made by Mr, Saadeh, seconded by Mr. Hermanson and carved 6/0, to approve Petition No. PSP -96 -15 with the following stipulations: Environmental: 1. Prior to final approval of PSP -96 -15 the petitioner shall either: 1) show retention of 25% of the existing native vegetation on Phase One and 25% on each subsequent Phase as it is submitted for development order approval or 2) shall show the 33 acres of required native vegetation for all of Parcel E on PSP- 96 -15. These areas shall be defined as preservation or conservation tracts and shall be platted with protective covenants similar to or per Florida Statute 704.06. 2. Submit an updated aerial for the EIS with current land conditions shown. (i.e. cleared stockpile area and cleared roads). 3. Amend the Parcel E Master Plan, submitted with the EIS, to show the Gopher Tortoise preserve. This tract shall be platted with protective covenants similar to or per Florida Statute 704.06. 4. Prior to approval of the final Plat and Construction Plans for Phase One, the petitioner shall submit an updated Gopher Tortoise Survey, relocation plan and necessary agency permits. 5. At the time of subsequent Development Order submittals the petitioner shall submit updated Gopher tortoise Surveys, relocation Plans and necessary agency permits. 6. Amend the Parcel E Master Plan Land Use Summary for the EIS. The Green Space/ Park designation shall be renamed as Preservation or Conservation. 7. Revise sheet three of four and sheet four of four of the PSP Site Plan to correctly name all retained native vegetation tracts as Preservation or Conservation. In Phase One, the Common Area/ Buffer shall be renamed accordingly. Environmental Advisory Board Minutes .................... .......................December 6, 1996 Page 5 16 G 8 , Amend sheet three of four of the PSP Site Plan to show the Gopher Tortoise Preserve. PETITION NO: "Whistler's Cove PUD" No. PUD -96 -13 PRESENTED BY: Michael Landy, Butler Engineering, Inc. ['OMMENTS: For a complete record of the proceedings reader is directed to the tape recording of this meeting, located in the Office of the Clerk to the Board, 5th Floor, Building "F ", Collier County, Government Complex. MOTION: Made by MS Straton, seconded by Mylr, Lamoureux and carried 6/0, to approve Petition No. PUD -96 -13 with amended stipulations. RECOMMENDATIONS: Water Management: An FDOT drainage connection permit must be obtained prior to the preconstruction conference. Environmental: 1. Replace Section 2.2.(A) of the PUD with the following stipulation: Regulations for development of Whistler's Cove 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 County Land Development Code shall apply. 2. Amend Section 3.4(G) of the PUD document to read as follows by adding the underlined tang uacze and deleting the Environmental Advisory Board Minutes .................... .......................December 6, 1996 Page 6 16G �.9 requiFed within Division 2.4 of the l+e If landscape buffers are determined to be necessary adjacent to preserve areas. they shall be separate from preserve areas Add the following stipulations to Section IV of the PUD document: a) Environmental permitting shall be in accordance with the state of Florida Environmental Resource Permit rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. Any additional mitigation, that may be recommended by the Environmental Advisory Board (EAB) and approved by the Board of County Commissioners, above that proposed with this petition shall be submitted with the Site Development Plan/Construction Plan Package for review and approval. b) 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 3.2.8.4.7.3 CCLDC. 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 Florida Statutes Section 704.06. c) 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 Current Planning Environmental Staff. d) 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 plan/construction plan approval. Environmental Advisory Board Minutes .................... .......................December 6, 1996 Page 7 16 G 4. Amend the PUD Master Plan by removing the 40 ft. Florida Power and Light easement from the natural habitat preserve areas. RRRRRR There being no further business, the meeting was adjourned by order of the Chair. Environmental Advisory Board Blair A. Foley, Chairman gA✓r. EASMinuta12.6. %Minutes - TROPICAL ENVIR C PAGE 01 12/06/1996 00:15 19412630077 �6G Gary and Cathy Graves 5630 16th Avenue NW Naples, Florida 34119 TROPICAL ENVIRONMENTAL CONSULTANTS 2396 13th So mm Noah Noplea, Florida 33940 Phone & Fax (813) 263-0077 December 5, 1996 RE: Preliminary Analysis/Evaluation of habitat alterations, those now occurring (the drainage easement) and those proposed (ag lands adjacent to the east, "DeVosta" proposal) relative to wildlife usage. Dear Cathy and Gary, Per our discussions on the phone, our on site meeting with you November 26, 1996 and my review of relevant Tropical Environmental Consultants office file documents please find my environmental evaluation. I will first address the 30 foot wide drainage easement (Right -of -way) recently cleared along your eastern property boundary. My review of the 1990 Collier County Soil Survey Indicates that hydric soils are present within a majority of the entire length of the drainage R. -- 0. W. fork least two miles. As we discussed in the field this condition in and of itself does not mean that regulatory agencies would assert wetland jurisdiction. Two other N characteristics must also occur, i. e., wetland vegetation and sufficient ,. hydroperiod before the three tests are met. I would, however, recommend you inquire at the county if a wetland determination was undertaken and what the agency (South Florida Water ;« Management District -SFWMD and U. S. Army Corps of Engineers- USACOE) determined. y What Is evident to me was the lack of installation of a siltation curtain, a "'� page 1 of 5 12/06/1996 00:15 19412630077 TROPICAL ENVIRONMENTAL CONSULTANTS 2396 13th Street, North 1 b G Naples, Florida 33940 Phone & Fax (813) 263 -01C77 containment fence, along the western edge of the R. 0. W. This is required by the county itself for two reasons: 1) to prevent soil /slit /fines from entering wetlands and open water such as canals, 2) to clearly delineate the limits of clearing and thus protect native vegetation outside of the county drainage easement from damage Installation of this device is a standard proceedure and considered a Best Management Practice (BMP's) for land alterations during construction. Surprised the county does not follow its own requirements. Your observations that the Big Cypress Fox squirrel commonly forages and dwells In your yard and general vicinity was verified as we saw several behind your residence and up on the roof. Obviously necessary life history requirements of this species are being provided In Unit 97 and most shuridly along the entire ag land forested edge. A detailed survey must be conducted to evaluate where dening /nesting sites exist as the Florida Game and Fish Commission legally can only protect the nest sites. This is required before land alterations can begin. Of special concern to me was did the county conduct such a survey before the clearing of the R. 0. W. was begun? The stand of melaleuca trees present behind your office and residence would be prime habitat for squirrel nests. The Big Cypress Fox squirrel seems to prefer constructing nests within the dense canopy of melaleuca found within altered wetlands. Destruction of these without proper review and permitting by the FL. G. & F C would be a clear violation of Florida law. A portion of the cypress, melaleuca and slash pine stand clearly was present within the R. 0. W. along your property. I would recommend that you confer with county staff to determine if this survey was conducted and what were the findings. page 2 of 5 .®mow ►•� TROPICAL ENVIRONMENTAL CONSULTANTS 16 G 2396 13th Street, North Naples, Florida 33940 Phone & Fax (813 ) 263 -0077 Edges between differing landscape vegetational feature (ecotones) are very rich and diverse when considering the variety and numbers of plant and animal species. This biodiversity is possible because the habitat provides essential needs of a variety of species such as the Big Cypress Fox squirrel and the Bob cat. Note, scat was noted within the cleared R. 0. W. This edge, along the Estates lots from Vanderbilt Road to Immockalee, also .provides a forested corridor which facilitates movement of wildlife over larger distances. Some comments relative to the proposed land alterations within the ag fields adjacent and to the east of you. My first concern, now that the 30' drainage R. 0. W. has been cleared, is o the potential loss of additional forested edge which presently exists on or along the ag perimeter spoil berm. Prior to the clearing of the R. 0. W. the edge of the farm fields, just at the perimeter spoil mound, functioned as the ecotonal edge community. If the ag property also has a 30' drainage easement, one contiguous with your 30' easement, then it too might be cleared. The entire berm and �• associated ag ditch would be eliminated and in it place .would be a 60' drainage easement, completely devoid of mature native trees. This would further degrade the functional aspects of other s wildlife, ccu led range -of the bob cat and the B. C. fox squirrel One requirement of larger developments, such as the one being proposed by Mr. DeVosta, is that a perimeter berm be installed to insure storm water runoff Is held within the development. This new berm would be -� constructed interior to the 60' drainage R. 0. W. further eliminating forested corridors for wildlife movement. page 3 of 5 TROPICAL ENVIRONMENTAL CONSULTANTS 2396 13th Street, North Naples, Florids 33940 Phone & Fax (813) 263 -0077 County planning staff, as recently as two weeks ago, expressed concern by the new type of development being designed which offer little native vegetated buffers but instead consist of a repeating finger lake and fill complex, one which "double loads" housing along access roads. Environmentally, functionally, these designs preserve little to no forested areas especially if slated for already cleared active ag areas such as that to the east of you. As you know the county Land Development Code Regulations require preservation of a percentage of native habitat when present. Development In previous active ag areas do not have to preserve native habitat if none existed. The Collier staff professional planners believe that these types of development designs could be more environmentally and esthetically pleasing, if required to recreate masses of native vegetation. such as adequate and functional perimeter buffers. i concur with that evaluation. Specific efforts are being proposed through the South Florida Water Management District's Environmental Advisory Committee to request tht the District evaluate the effectiveness of buffer requirements on water quality and wildlife values. The scientific literature clearly suggests that buffers of 100+ feet are necessary to preserve wildlife values and maintian biodiversity. No one in the field of ecology /wildlife management would disagree that the fragmentation of the landscape by agricultural practices and urban -- development is a threat to wildlife and biodiversity. They also agree that there are designs which if incorporated Into both land uses would enhance the value to wildlife, especially if the more Intense landscape altering land use is adjacent to larger intact habitat systems, 1. e., rural estates type mosaic where the majority of the native vegetation is retained. page 4of5 16G ------ - - - - -- -- - - - - -- ----------------- . - - - - -- . - - - - - - - - - - .. .. - -- — - - - - - • - - - - - TROPICAL ENVIRONMENTAL 6 G CONSULTANTS 2396 13th Street, North N2ples, Florida 33940 Phone &, Fax (813) 263 -OO77 There are Best Management Practices (BMP's) which, if applied to the DeVosta and Carleton Lakes style design format, would enhance, augment, already existing habitat functions provided along the estates units-2g fields interface. The creation of a forested buffer along the edges, especially when a more Intense land use is proposed on one side, e. g., the farm fields multifamily units adjacent to the single family estates zoning, would assist both developments to bridge the transition between them as well as provide corridor edge habitat for wildlife. In conclusion your statement that the creation of finger lakes would Involve blasting to fracture the subsurface rock and facilitate the excavation process has the potential to alter ground water hydrology and recharge characteristics, especially In adjacent wetlands due to the potential of Karst conditions in southwest Florida. Fractures could alter near surface marl /clay layers allowing summer rains to more quickly penetrate downward reducing the hydroperiod of affected wetlands. This and formation of sink holes were a serious problem when the Lee County Regional (now International) airport was constructed. My report is general in coverage, however additional field investigation and review of county records and permit applications would allow a more accurate evaluation of environmental issues raised. Thank you for allowing Tropical Environmental Consultants to assist your information gathering process. if we can assist your effort further please give a call. pectfu , Gary Lee Beardsley Biologist /Consultant copy: Commission Tim Constantine Collier County E A B Kim Dryden -F G & F Commission South Florida Water Management District -Fort Myers The Conservancy of SW Florida page S of 5 4 RM"6t **- ----------------------------------------------------------------------------------------------------- To S'tphen Sea,..til n:ti111Je:.i 0' :r.e :..J1::' 'Iltn:.:l r.Ivis:r.' BJard RECEND DEC 5 I...o Fr. Earl _nd Kazhy is omt . Tracc 125 I PROJECT REVIEW SLE CES Cr I v :1Jen a:t Estate: f�ni: 9^ Red ?-_"',:c Hearin.. 1-'-6 95. 9;!:[.:a - For some reason. we v—tre ne'. _ .Itd c: t''15 rIeerinz I lour i ouz about It fro n a nel_hbor 1 ha lit•es or. lull .a':t. Cd11111. ar• ?LLtii. iCxtn L� _: t _.. 1 :T11 I_. or I —:h \ChJ't'at nJahtlj. iN r{ Y .' 1 Asa result, v,-,: did not hat a si;t :r,t ;t tsn-.t :c acar. <t tlMd o:t Irotn work: to 3t :end the heann,z Therefore. I -would iil:e to s: bit in unit :r._ &.e bllovnrig consicerations: 1. As a pare of Island Walk's discharge plan; will the sN� being constructed along the east of units 96 and 97 be used in am' wav" I «'ould like an answer to this question to be made part of the public record. 2. u`Iat are the recomm-Indations of the `-Han-ey Basin N.-laster Plan"' 3. There is a reference to "passing runoff through or around the perimeter of the project." Since we live on the perimeter; «'e would like to know ezactl \' what that means. 4. Has any consideration been given to the impact on our environmentahy sensitive area•.' Numerous nests and plant species have already been destroyed in the process of the drainage easement clearing. Further nearby' - devastation cannot help but affect the species hanging on in our area. A 20 ft. "buffer" is not nearly enough to ensure a corridor for wildlife in the area. Thant: you in advance for your of and answers to these questions. We can be reached at 597 -661S6 262 -2453 fax- 262 -265,) e- mail:nft107327cinaples.net Earl an i Lathy F ornts �1 w 166 Facsimile Cover Sheet TO: Environmental Advisory Company: Phone: Fax: 643 -6968 From: CATHY GRAVES Company: xurT Phone: +1(941)591 -2922 Fax: +1(941)591 -4283 Date: 12/5/96 Pages including this cover page: 3 Comments: 16G December S, 1996 Environmental Review Board Community Development and Environmental Services Div. 2800 N. Horseshoe Drive Naples, Fkxida 34104 RF: "island Walk FIM()RI Sexdion 33 and 34, Tuwnship 48 Scx+tb, Range 26 East Dear Membt": As a R FA1 TOR within Cciilier Qxwiy, 1 can acted to the fad that there is a need for the type of Comm mily that is being proposed is the bL.cid Walk KM Many of my Clients have an interest in bang a part of a plamed comet mi y, but an cwt golfers. Unfortunately, the design of these "of axrrn" itim often provide or prsaerve very Tittle in the way of fuariivaal native baba r , D am al.r, an 3,.joining qty mmer to due D)crdopmat sad 1 am ritwnely av,=,ed u b "he r:, vinxsraeaW iuvmA to U ails % acid 97 of Gokim Gale Estates. My busbaml and ' have bar --_' the services of Mr. Gary L Beardsley orTropieal Envitonmeaw Crnlwhanta, 1 ._ :n arradyse eke tint has alreaxly creased oa my prnperty in Collier Count ies rlTurts to install a draimgrr swak He bas who be= rapested b assist us with input on the lslaad Walk PUD so that we do sot star the dos of additional Habitat Mr. Reardsley is wcAing to compete"mprwt an dat it will he available for you at the In yarn brief Staff Rslxwt drat i rsaire d in the avid jug yoderday, commmu were made in regrrlS to species famW on the Subjei property. I wou Id (r7ue to ell your atlealion to the tad tint a*king property to the Welt of the proposed Ulaad Walk PUD is Habitat for Dw, Bobcat, Fax and The Rig Cyprem Fox Squirrel. Ifthe proposed road location is accepted, you will be literally pouring a future concrete harrier around this sensitive area. This Development, as Iiropoowd, is going to eliminate the munderirrg auridor far Wildlife WikWo wanders thtvugb our um bemuse of thr natural protective coves and food that is provided by native vegetatiorL I rant concerned that we are dosing the corridor which would allowvnIcUife to reach Units 95 which is die forested area Lo tbo south of the proposed PUD. Page 2 of 2 16G Environmenlul Advisory Board Island Walk PUDlDRI There is u d4nite need hm for u transitional huller, whether it be planned green spuLx or by means of a planted forest of native vegetation. We are facing wildlife on humans and setting the stage for confrontati orn. Issues of drainage must also be addressed carefully to avoid the loo of any additional fixated areas and habitat. Your Staff Cornrnents regarding the pausing of runoff through or unnmd the perimeter of the project or a combination thereof is also a comvrn In 1974 Collier County rovicted further divisionx of 75 X 660 lots within the Fidaters area, thus lowering the density to 1 unit per 2.25 acme. A 3 Unit per asp Development without props packaging is not compatible with the sensitive habitat of Units 96 and 97 of Golden Gaate% Estates which adjoins doe pirposed Wand Walk PUD in the Ewl- As an adjoining property owner I have additional concerns of blasting for lakes and the removal of fill in a Card Region. Concerns regarding damage to windows, pools and docks to the udjoining homes arc warnnled. I will speak at tIx schedulod hearing for Ong, but sincerely request that you give serious wruidemlion to the items that are addrms4xl herein In addition, we have requested input from Kim Dryden of Game and Fish and from the Conservancy of S W Florida on ideas for a tran4tional buffer which will be prezented during the Planning Review Board hearing on Deszmber 19°i. Respectfully submitted, Cathy Graves, Property Owner 5030 I0'b Avenue, NW Naples, Florida 34119 (941) 591 -2922 AJl of Truct 155 and the E 165 Fl of Trui 141 - or 7.17 acne Goldin Gate Estates Unit 97 x 16G IN )TIES F THE ENVIR NMENTAL ADVISORY BOARD DATE: January 8, 1997 TIME: 9:00 AM. PLACE: 3rd Floor Boardroom, Administration Building, Collier County Government Center, Naples, Florida EAB STAFF PRESENT Foley X Chrzanowski X Hermanson X Lenberger X Hinchcliff X Ashton X Lamoureux X Saadeh Absent Straton X Wilkison X MINUTES BY: Stephen Lenberger, Environmental Specialist 11 CALLED TO ORDER AT 9 :03 a.m. ADJOURNED AT: 10:05 a.m. PRESIDING: David S. Wilkison, Chairm an ADDENDA TO THE AGENDA: APPROVAL OF MINUTES: Motion made by Mr. Herman, seconded by Mr. Foley and carried 6/0, to approve minutes of December 6, 1996 with correction made from Blair A. Foley as Chairman to David S. Wilkison as Chairman. ITEM: Consent/Administrative Approval Agenda PETITION NO: Commercial Excavation Permit "No. Ex. 59.591" Motion made by Ms. traton Seconded by Mr. Foley and carried 610, to place Commercial Excavation Permit No. 59.591 under regular agenda for discussion. Environmental Advisory Board Minutes ................. .........................January 8, 1997 Page 2 16G ITEM: Regular Agenda PETITION NO: Commercial Excavation Permit "No. Ex. 59.591" FILED BY/FOR: Jim Weeks REQUESTING: The petitioner plans to dig 3 each 1.67 acre lakes for a total acreage of 5 acres of lake on a 10 acre parcel. The lakes will be excavated to a depth of 18 ft. 0 in. (maximum allowable for commercial excavation is 20 ft. 0 in) to allow some degree of cold protection during dry season low water levels. REPRESENTED BY: Jim Weeks MOTION: Made by Mr. Hermanson, seconded by Mr. Hinchcliff and carried 5/1, to approve Commercial Excavation Permit No. 59.591 with the following stipulations: The agricultural clearing permit will be issued only after South Florida Water Management District (SFWMD) and U.S. Army Corps of Engineers (ACOE) permits or letters of exemption have been obtained. 2. If the operation is to be used as a fish farm then no requests for incidental take permits or permits to dispose of state or federally listed bird species shall be applied for by the petitioner. AAAARA COMMENTS: For a complete record of the proceedings reader is directed to the tape recording of this meeting, located in the Office of the Clerk to the Board, 5th Floor, Building "F ", Collier County, Government Complex. There being no further business, the meeting was adjourned by order of the Chair. Environmental Advisory Board David S. Wilkison, Chairman VdWc:►.YEABMi+tita RECEIvI:L16 G COLLIER COUNTY DEC 3 0 I ENVIRONMENTAL ADVISORY BOARD AGE of County Commissioners January 8, 1997; 9:00 a.m. COMMISSION BOARDROOM, THIRD FLOOR -- ADMINISTRATION BUILDING I. ROLL CALL II. APPROVAL OF MINUTES— December 6, 1996 III, ADDENDA IV. CONSENT /ADMINISTRATIVE APPROVAL AGENDA A. Commercial Excavation Permit "No. Ex.59.591" Section 26, Township 47 South, Range 27 East Collier County, Florida All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. V. REGULAR AGENDA VI. OLD BUSINESS VII. NEW BUSINESS VIII. ADJOURNMENT IX. WORKSHOP AA * #AA # # #* AAA# A# * #A # * #A *AA #RA # * # * * # #A # *AAAAAA *A *AAA # * * *A *A # #AAAAAAf AA AA NOTES: A. [Board Members]: Notify the PLANNING SERVICES DEPARTMENT (643 -8400) no later than 5 P.M. on Monday January 6, 1997, if you cannot attend this meeting or if you have conflict and thus will abstain from voting on a particular petition. Misc. Corres Nor r 1 s Date: � Hencock Const�ntl�e — Item# Coxes To: Environmental Advisory Board Agenda .................... .........................January S, 1997 Page 2 1 L r B. [General Public]: 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 vcrbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. R## AAARA# AAARARAAARRA# AA# RAA## AR# AAARAA# A #RMR #R!! # # }A #AAAR # #R # }R } } } #R!# t 16G COLLIER COUNTY C; I J ff r ENVIRONMENTAL ADVISORY BOARD AGENDA FEBRUARY 5, 1997; 9:00 a.rn, COMMISSION BOARDROOM, THIRD FLOOR — ADMINISTRATION BUILDING I. ROLL CALL II. APPROVAL OF MINUTES— January 8, 1997 III. ADDENDA IV. CONSENT /ADMINISTRATIVE APPROVAL AGENDA All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. V. REGULAR AGENDA A. Planned Unit Development Amendment Petition No. PUD -85 -29(1) "Naples Gateway PUD" Section 7, Township 49 South, Range 26 East Collier County, Florida VI. OLD BUSINESS Misc. Corres: VII. NEW BUSINESS pate: _�l VIII. ADJOURNMENT Item# IX. WORKSHOP Copies To: RR RR RR RRRRRR RR RRRRR RRRRRRRR RRR RRR RR RRRR RRRf RR RRRRRR RRRRRRRRR RRRRRRRRRR♦ NOTES: A. [Board Members]: Notify the PLANNING SERVICES DEPARTMENT (643 -8400) no later than S P.M. on Monday February 3, 1997, if you cannot attend this meeting or if you have conflict and thus will abstain from voting on a particular petition. Norris Hancock Constantine K&C'Kie Berry 16G B. [General Public]: 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 the testimony and evidence upon which the appeal is to be based. #R #R ## RRR# RRARRARR #RR # # #RR #R #R #RRA #RR # # # #R # #ff #RRR #R #R# #RRR # #R# # # # #RRRR r Naples, FLorida, July 24, 1996 The Collier County Library session on July 240 1996 in was not present, therefore, transacted. Luz Pietri Secretary Advisory Board met in the Kain Library. A no official business open 1 6 G quorum was Naples, Florida, September 25, 1996 LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on this date in regular session at 2:00 p.m. in the Main Library with the following members present: CHAIR: Syd S. Mellinger VICE - CHAIR: Jaculyn K. Dering (Arrived at 2:10 p.m.) SECRETARY: Murrell D. Stephan Barbara Bova Sabina Musci ALSO PRESENT: John W. Jones, Library Director Chuck Steers, Pros., Friends of the Library Marilyn Matthes, Hd. of Central Services Luz Pietri, Library Seoretary APPROVAL OF MINUTES The Board did not meet formally on July 24, 1996 because there was no quorum. No minutes were taken. REPORTS OF OFFICERS - None REPORTS OF COMMITTEES - None COMMUNICATIONS Mrs. Mellinger stated that she had sent letters to Rotary groups asking them to include the Friends of the Library in their list of organizations to be considered for annual gifts. She said she had not received any responses yet. UNFINISHED BUSINESS At the BCC meeting of September 17th, the Commissioners approved the Marco Island construction project. Mrs. Mellinger thanked all those members who were present at the meeting for their support. She also stated that she will write a letter to the members of the BCC thanking them, on behalf of the LAB, for their support and approval of the Marco Island project. Mr. Jones reported that the Collier North water problems had been resolved. The Board reviewed the Long Range Plan. Some were suggested. Mrs. Mellinger entertained a approval of the Long Range Plan. Mrs. Dering by Ms. Musci and carried unanimously, that thi approved as corrected. A presentation to the scheduled for October 15th, 1996. corrections motion for moved, seconded Plan be BCC has been 1bG 16G Mr. Jones reported that the FY197 budget went through without any cuts. The LAB discussed the literacy project being proposed by the Marco Island Friends group. Mrs. Mellinger entertained a motion for approval of the project. Mrs. Dering moved, seconded by Mrs. Bova and carried unanimously, that the literacy project by approved as submitted. Marilyn Matthes introduced a new idea to the Board; that is, to have the Board select every month an " Employee of the Month" from nominations being submitted by fellow employees. The Board discussed the idea and felt it was a good one. Mrs. Mellinger entertained a motion for approval. Mrs. Bova moved, seconded by Mrs. Dering and carried unanimously, that the notion be approved. NEW BUSINESS - None GENERAL CONSIDERATIONS Jackie Dering offered her congratulations to the staff at Collier North for the great job they're doing considering the circumstances, (road construction taking place). Syd Mellinger congratulated Mr. Jones on the great job he's doing also. DIRECTOR'S REPORT There were no additions to his report. REPORT OF THE FRIENDS Mr. Chuck Steers reported that the Friends are now sending dues notices on a regular basis and expect a better turnout. He also reported having received a donation from the Chase Manhattan Foundation in the amount of $1,000.00 for the purchase of math and science books for Young Adults. ADJOURNMENT There being no further business to come before the Library Advisory Board, Mrs. Mellinger declared that the meeting be adjourned. Time: 3:00 p.m. DIRECTOR'S REPORT sSPT. 20, 1994 CIRCM ATION: Our circulation for this fiscal year is now projected at 1,550,000. This represents an increase of almost 45% over the past two years. XE* PSRAoxxzL: For the upcoming year we received 6 new seasonal employees. These are permanent positions and will be budgeted for 6 months year. branches. Most of these positions will go to the BUDGET: Our budget was approved in total by both the County Manager and the BCC. Our materials budget for the next year will be approximately the same we spent this year and our books per capita :measurement is moved to 1.2 books. MARCO ISLKND: The BCC has now approved the Marco Island project. We will be renovating the present structure and then adding 6,000 sq.ft. In addition, we have taken possession of the 3 1/2 lot across the street, bordering Mistletoe avenue. An additional library parking lot and a passive reading park will be placed on that location. The 1.6 million dollar project will be constructed with borrowed money. Once the source of funds has been identified, the BCC will have to approve the loan. The best case scenario would be that we could start the project in 120 days. The project will take approximately 8 months during which time the library will be closed. At the present, we are looking for a rental site to provide service during the project. COOZBOOZ: The Friends cookbook is scheduled to be available in October. BOOZ SALE: Our book sale is scheduled for October 4th - Oct. 8th. 16G 16G Naples, Florida, October 23, 1996 LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on this date in regular session at 2:00 p.m. in the Main Library with the following members present: CHAIR: Syd Mellinger Barbara Bova Sabina Musci Also present: John W. Jones, Library Director and Marilyn Matthes, Head of Central Services. The minutes of the previous meeting (9/25/96) were unanimously approved without comment on a motion by Mrs. Bova seconded by Ms. Musci. The Chair then shared with the Board various correspondence, including communications from several commissioners. The Chair then requested reports from the Director concerning the status of the Marco Island building project and the adoption by the County Commissioners of the Board's "Regional Library Concept ". The Director reported that the Marco project was progressing on schedule with actual construction beginning April 1, 1997. He also reported that the Board approved the Long Range Plan for the building of Regional Libraries and further that they accepted the northern area as an appropriate area for the first regional center. The Board then reviewed the staff's submissions for the "Employee of the Month" Award. After a general discussion, on motion from Mrs. Bova, seconded by Ms. Musci, Evelyn Fuller was selected. The Board offered their official congratulations to Mrs. Fuller and authorized that a letter of appreciation from the Board signifying this event be sent to Mrs. Fuller and a copy be posted in her personal file. The Chair then advised the Board that Mrs. Murrell Stephan had resigned from the Board effective immediately. Mrs. Stephan is moving from Collier County. By a unanimous vote on a motion by Ms. Musci, seconded by Mrs. Bova, the Board officially recognized the good work done by Mrs. Stephan. The motion authorizes a written letter of appreciation for Mrs. Stephan. The Board then discussed the procedure for Board replacements. With no further business to be discussed, the Chair declared that the meeting be adjourned. Submitted by John W. Jones, Library Director rr 16 G DIRECTOR'S REPORT October 17, 1996 STATISTICS: This was our first full year with electronic counters at all locations. I thought you would find the monthly attendance and circulation figurea interesting. The Library system has shown a phenomenal growth rate over the past 3 years. The following charts visually represent this growth. 1993 - 1,061,360 items circulated 1994 - 1,140,751 11 „ 1995 - 1,331,919 of n 1996 - 1,553,568 11 This data represents a 47% growth rate. REGIONAL LIBRARIES: On October 15th, the BCC approved the concept larger Regional Service Centers to accommodate of the smaller neighborhood type facilities. this motion was the authorization to obtain 5 in the North to serve as the location for the MARCO ISLAND: of building a growth instead Included in acres of land first center. The time line has been set for the expansion of the Marco Island facility. We will begin construction in April of 197 with an 8 -month window for completion. Attendance Circulation JAN. 108,820 147,779 FEB. X". 110,167 122,284 146,906 APR. 109,441 154,319 MAY 92,254 140,504 JUNE 94,481 121,331 JULY 93,142 127,723 AUG. 93,933 143,364 SEPT. 91,990 130,767 _ OCT. 84,251 114 ,641 NOV. 90,322 114,617 DEC. 80_487 105, 735 - 108,882 TOTAL: 1,171,570 1,553,568 GROWTH: The Library system has shown a phenomenal growth rate over the past 3 years. The following charts visually represent this growth. 1993 - 1,061,360 items circulated 1994 - 1,140,751 11 „ 1995 - 1,331,919 of n 1996 - 1,553,568 11 This data represents a 47% growth rate. REGIONAL LIBRARIES: On October 15th, the BCC approved the concept larger Regional Service Centers to accommodate of the smaller neighborhood type facilities. this motion was the authorization to obtain 5 in the North to serve as the location for the MARCO ISLAND: of building a growth instead Included in acres of land first center. The time line has been set for the expansion of the Marco Island facility. We will begin construction in April of 197 with an 8 -month window for completion. RQ'8 CRILDREN'B ROOxt The renovation of the room is half over. Check back and let me know what you think. 16G W , 6G Naples, Florida, December 11, 1996 LET IT BE KNOWN that the LIBRARY ADVISORY BOARD met on this date in regular session at 2:00 p.m. in the Main Li the following members present: @6rk.th CHAIR: Syd Mellinger VICE - CHAIR: Jaculyn Dering Sabina Musci Date: ALSO PRESENT: John W. Jones, Library Director Chuck Steers, President, Friends of 4�SfAib. Luz Pietri, Secretary APPROVAL OF MINUTES Mrs. Mellinger asked for comments or corrections to the minutes of the October 23, 1996 meeting. There being none, Ms. Musci moved, seconded by Mrs. Dering and carried unanimously that the minutes be approved as submitted. REPORTS OF OFFICERS Mrs. Mellinger reported having spoken to the newly elected commissioner, Barbara Berry and invited her to attend the January LAB meeting. Mr. Jones suggested that the Board send Mr. Hancock a note of thanks for his support and input on the Regional Library concept. COMMUNICATIONS - None UNFINISHED BUSINESS Regarding the Marco Island Branch building status, Mr. Jones reported that the project is on time and that the committee has been meeting every two weeks. Mrs. Mellinger asked if a temporary location has been found yet for the Marco Library. Mr. Jones said that Mrs. Norris has two locations in mind, but that a final decision is still forthcoming. In reference to the Regional Library planning, Mr. Jones reported that the money for this project will be coming from Reserves in Impact Fees. No decision as to site has been made yet. The Board reviewed the nominees for the Library Employee of the Month for November. After some consideration, the Board unanimously approved the nomination of Woody Woodcock. The Ilorris Board also approved to accept renominations. Hancock Constantine 14ac'K1e 134rry The Board discussed the possibility of having meetings at different locations again. After some consideration, the Board docided not to change the meeting location. However, Mrs. Mellinger stated that she would like to activate the visits to the various branches again. Mrs. Mellinger stated that two applications, besides Mrs. Dering's, had been received to fill the LAB vacancies, however, they did not represent this right districts. Mrs. Mellinger mentioned a couple of people who are also applying but whose applications are still at the BCC office. The LAB will be getting copies of those and other applicants through mail or fax so that the Board can vote via the telephone. This way, the new Board members will have been elected by the BCC by the time the Board meets again on January 22nd. NEW BUSINESS - None GENERAL CONSIDERATIONS Mrs. Mellinger entertained a motion of appreciation to Barbara Bova and Murrell Stephans for their four years of service to the Board. Mrs. Dering moved with Ms. Musci seconding the motion. A latter and certificate of appreciation will be sent to them. Mrs. Dering stated that she would like to see the 'Accelerated Reading Program' taking place now at the Collier North Branch jointly with the schools, expanded to the rest of the branch libraries. Mrs. Dering also asked if the lights at CN had yet been taken care of. She had reported them out of order to the Main Library earlier. Mr. Jones said he would check into it. DIRECTOR'S REPORT Mr. Jones stated that he will be doing the Santa Program this year again. He handed out copies of the new 'Footnotes' to all members. He spoke about his new goals for this year and about the Merit Bonus Program. He also stated that the Library has been given a third county vehicle. Lastly, he reported that January 12 to 18 has been designated as Friends of the Library Week and a proclamation will be presented to the Friends at the BCC meeting of January 7, 1997. REPORT OF THE FRIENDS Mr. Chuck Steers, President of the Friends, regrettably turned in his resignation to the Friends Board due to health reasons. He stated that the sale of cookbooks has picked up considerably this month. He also stated that cookbooks had been distributed to all the County Commissioners. 166 ADJOURNMENT There being no further business to come before the Library advisory Board, ]sirs. Daring moved, seconded by Zia. Musci and carried unanimously, that the meeting be adjourned. Time: 3:10 p.m. 1bG 116 October 30, 1996 RECEIVED SPECIAL MEETING OF OCTOBER 30, 1996 OF THE CODE ENFORCEMENT BOARD DEC 2 0 in Board of County Comisstoners LET IT BE REMEMBERED, that the Code Enforcement Board in and for the County of Collier met on this date at 8:45 a.m. in SPECIAL SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRPERSON: M. Jean Rawson Lou Laforet ALSO PRESENT: Frank X. Kowalski, Attorney for CEB Ramiro Manalich, Assistant County Attorney Shirley Jean McEachern, Assistant County Attorney William J. Hazzard, Attorney for Lely Barefoot Beach Property Owners' Association Linda Sullivan, Code Enforcement Director Norris Hancock Constantin Kac*Kis Berry Misc. Corres: Date:' !- Item# Copies To: Page 1 10-28 -1995 1 - S9P" FR014 643 83AS Date: October 30, 1996 at 8:30 o'clock A.M. ;,ovation: Collier County Government Center, AAmn. Bldg, 3rd Floor P. 1 16G 2JOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF TH S BOARD STILL NEED A RECORD OF THE PROCEEDINGS P8RTAINING THERETO, AND THERSTORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE C3 APPEAL IS TO BE B COUNTY OR THE SPONSIBLE FOR PROVIDING ;OD SZi1ORCEME ?T80ARD8HALLBERa RECORD. ].. T.T. CAI,Z 2. APPROVAL OF AC3ENDA 1. APPROVAL OF MIN A N/A 4. V=.T `HEARINGS N/A NEW AUSR TNE83 N/A AT.n A"STT ZAA BCC vs. LELY BAREFOOT BEACH PROPERTY OWNERS ASSOC" INC., A FLA. CORP.AND LELY BAREFOOT BEACH MASTER ASSOC., INC. 96 -OFD. CORP. 7' . - zPORT -q N/A 6. N7-xr MEETING GATE November 2S,1996 9. so October 30, 1996 16 6 CHAIRPERSON RAWSON: Let's call the order -- the meeting to order of the Collier County Code Enforcement Board. I guess we'll have roll call. MR. LAFORET: Lou Laforet. CHAIRPERSON RAWSON: Jean Rawson. MR. LAFORET: Loyal, dedicated. CHAIRPERSON RAWSON: Obviously there are only two members here. This is the continuation of the case of board of Collier County commissioners versus Lely Barefoot Beach Property Owners' Association Inc. and Lely Barefoot Beach Master Association Inc. There are only four members that heard the first day of testimony, so those same four members are needed to hear the continuation of the trial. Two of those members are not with us today. Mr. Allen was called away on business, and Mr. Andrews is not well. So obviously count only nothave quorumf tWhateisetheopleasureoriginal four which is by my of the two attorneys? MR. MANALICH: Good morning, Madam Chairman, Member Laforet. Ramiro Manalich, chief assistant county attorney, along with Shirley Jean McEachern, assistant county attorney, on behalf of Collier County. We have discussed with opposing counsel, Mr. Hazzard, the situation. And obviously we'll hear from him in just a couple moments. But I believe we have agreement between the parties as to some basic suggestions to you in this situation. Basically it would be that we find another date in the near future which appears at this point to perhaps be December 12 and 13 to continue this matter as opposed to starting over and, secondly, that we continue with the four members that heard the entire full day of testimony in this case. At this point I'll let Mr. Hazzard -- CHAIRPERSON RAWSON: Mr. Hazzard. MR. HAZZARD: Madam Chairman, I simply would echo what counsel has said and stated my position as well as his. 12th and 13th of December work on my calendar, although obviously we've not had an opportunity to contact all our witnesses. It's my hope that with a date some six to seven weeks out witnesses will be able to accommodate with scheduling, and I think -- I think we're in agreement that it should proceed from the point where we left off and it should proceed with the four members who heard the first day of the hearing. CHAIRPERSON RAWSON: My concerns are twofold: First of all, on a personal basis, I just called my office. I can -- I can be here on December 12 until four o'clock. I can be here on December 13 only until noon. So that's as much of my time as -- as I can give. My concern is one of our members is not in wonderful health. And what if he isn't here and you're gonna be back in the same spot again? Has there been any thought given by either of the attorneys to starting over again with the original board so we aren't q(aii)G to have this problem? HR. MANALICH: I'll let Mr. Hazzard address that first. MR. HAZZARD: Yes, Madam Chairman. We've discussed that, and I believe we're in agreement that -- that that would not be Page 2 October 30, 1996 L r a satisfactory solution. From my own point of view -- and I can't speak for the county -- but to me that gives the county a -- frankly, a second bite at the apple. It allows the county to refurbish the testimony that was given on the first day and to -- to essentially start over already knowing my position and my tact with respect to the various witnesses the county plans to put on, and I believe that would be extremely prejudicial to my client's case. CHAIRPERSON RAWSON: Well, I don't disagree with what your position is. My concern is if we're here again and this gets continued again or never gets heard, you know, then what position does that put everybody in? MR. MANALICH: I guess what we're saying is that we're willing to give it one more shot to see if we can go with the four. Obviously we on the county want to preserve as clean of a record as we can in the event that this case goes beyond this forum. And we think that both sides agree that this would be the way to do it. And what I would suggest would be that we give one more try at impaneling this board with the four members. If at that point there's another problem, then I think the whole situation has to be looked at anew from -- at that point but -- MR. LAFORET: Of course, there's always the possibility that even with four members on the board you'll only get a majority vote. One might be a dissenter. MR. HAZZARD: Right. MR. LAFORET: What do you do then? CHAIRPERSON RAWSON: I think a majority vote would -- let me ask my attorney. MR. KOWALSKI: Yes. Under -- under your ordinance a majority vote carries the day. Obviously, Mr. Laforet, though, if it was a -- stymied at two to two and you couldn't get a motion pass -- passing either way, then that would create a dilemma. MR. HAZZARD: Our position would be that a two -to -two vote would -- would mean that the county had failed to meet its burden of proof in the case and that the county had failed to prove the violation exists as alleged. CHAIRPERSON RAWSON: Well, I guess we'll hear the legal research on that at a later date if that were to be the case. MR. LAFORET: Did you hear what he said? co-counsel. I'm MR. MANALICH: I was speaking to my sorry. I didn't. MR. LAFORET: Would you read it back to him, please? (The requested portion of the record was read.) MR. MANALICH: Hopefully we won't have to reach that issue from our perspective. But, you know, the only other alternative I can think of, Madam Chairman, would be that if we try to impanel the original four and for some reason we're not able to do that the next time, then if the paramount goal was to preserve the original four -- excuse me, if the goal at that point would be to -- that we can't have that four -- any assurance that they'll convene, then another alternative would be to have the full board read the transcript without starting over. But I believe Mr. Hazzard would object to Page 3 October 30, 1996 i 6 G that. CHAIRPERSON RAWSON: well, I'd like to know that this case is going to get heard not only in my tenure on this board but in my lifetime. MR. LAFORET: I said that. MR. HAZZARD: You are a young woman, Madam Chairman. CHAIRPERSON RAWSON: Thank you. MR. HAZZARD: I think that's entirely possible that we will conclude in your lifetime. CHAIRPERSON RAWSON: Well, let me ask you another very simple question about conclusions. Is it possible that given the fact that I have to be somewhere at noon on Friday, December the 3d, and my afternoon is already scheduled, can we complete the testimony in the case by December 3 -- 13 at noon? MS. MCEACHERN: No. Madam -- MR. HAZZARD: Madam Chair -- go ahead, Counsel. MS. MCEACHERN: Madam Chairman, Shirley Jean Mcneedern least two for the record. I think that the county - that full days, at least two. Now, another alternative that I've been talking to with my co- counsel here is we would like to try to go with the original four and not have to start over. But an alternative if it's to preserve, you know, the testimony on the first day, I've seen it done in courts before where we actually read -- go through that transcript again with the original witnesses back but we're stuck with the same questions and they're stuck with the same answers. You know, as an example, the first witness the county called was Richard Ewing, and he could go through, and he's a principal surveyor with Coastal Engineering. And if we can get him back, he could actually go through what his assignment was and what he did and go through his exhibits. I mean, it's an alternative. It's not one that we like and - - but it could be a last resort. CHAIRPERSON RAWSON: Well, I guess we're not there yet -- MS. MCEACHERN: Yeah. CHAIRPERSON RAWSON: -- because that's only if we started over again with the original seven - member board. But now we are only with our four - member board, and you're telling me that we can't finish by Friday, the 13th -- Friday, the 13th. MS. MCEACHERN: If you end at noon, no. CHAIRPERSON RAWSON: Okay. So then we probably need another day. MR. HAZZARD: Madam Chairman, as to the issue of being able to end at noon, I think it's entirely possible that testimony could end by noon on a second day. However, I'm sure the board then may have questions and the board will have discussion and that sort of thing. And I don't think it's quite in the realm of possibility that that could all conclude by noon. I would expect and we've had discussion prior to today that the county's remaining witnesses would take the morning today and that my witnesses would take the afternoon and tomorrow morning to perhaps early afternoon and would anticipate Page 4 October 30, 1996 1.6 G that we would need two days to conclude allowing the board time for discussion and thorough analysis. CHAIRPERSON RAWSON: As long as we're clearing our calendars, why don't we look and find another day in December. MR. MANALICH: Well, here's another suggestion which would be I think it's -- we were looking at Thursday, February 12 -- I mean December 12 and Friday, December 13. You're only available until noon on Friday. But based on what counsel estimate as their time -- and perhaps the county might take a little longer than -- than just a half day. I don't know. We might be able to keep it to that. I'm not sure. But in any event, I would suggest if we complete the witnesses and the taking of evidence by noon on the 13th, if you wanted, we could convene for closing arguments and deliberations on Saturday, the next day, if -- if you wanted to wrap it up then because then we don't have to drag the witnesses in. CHAIRPERSON RAWSON: Well -- and I can't speak for the two people who aren't here, and I don't even know if those dates are available on -- Mr. Allen is my major concern because obviously he's a businessman, and I don't know if he's available on those days. I can call and find out. Mr. Andrews is a concern because his health is not good. I can't imagine anybody's going to be real happy about coming back in on Saturday morning. And on Thursday, December the 12th, you know, ordinarily I would say it's no problem. I'll be' willing to go late, but I can't. - have co -- you know, we'll have to stop at four. MR. MANALIC'i: There was I believe according to the board room calendar one day available in November, a full day, and then, of course, we'd have the one in December. But I don't know if counsel and you want to split the case up essentially a month apart. CHAIRPERSON RAWSON: Well, it's already split up. MR. MANALICH: Mr. Hazzard, I was saying that there would be I believe on the calendar one day in November, and then we'd have the one full day in December if you're willing to split it up in that manner. MR. HAZZARD: What was the -- what was the November day? MR. MANALICH: November 8. MR. HAZZARD: Eight I can do. Madam Chairman, frankly I don't have a problem myself in doing that, although I want to make sure on the record that I -- CHAIRPERSON RAWSON: I already know I can't do 8. MR. HAZZARD: Okay. CHAIRPERSON RAWSON: I had a trial continued from today till November 8. I had to beg Judge Hayes. MR. HAZZARD: Do you think he could let you in by about eleven o'clock today? Well, Madam Chairman, my only point would be if we bifurcate the remaining two days that I -- I want to be up front and have the agreement of the county's counsel that that certainly would give my case a bit of an advantage, namely that I would have the opportunity for the county's witnesses to conclude and then I would Page 5 October 30, 1996 1,6 G have a period of time to reevaluate and -- and make strategic decisions that otherwise would be made in a matter of minutes. However, if the county's willing to waive any possible objection to that bifurcating, then that would be something that we could accommodate as well. MR. LAFORET: Is everybody thinking that you can have no assurances that you'll have the four members in the month of February, you know, in the event you get a change in -- in December? It's possible it could be the end of the case. We don't know. CHAIRPERSON RAWSON: I don't really know when everybody's term expires. I know mine expires in February. MR. LAFORET: Mine does too. CHAIRPERSON RAWSON: So that's two of us that will be gone in February. MR. LAFORET: And I think Mr. Andrews -- Allen's ends in February. CHAIRPERSON RAWSON: Miss Sullivan -- MS. SULLIVAN: Madam Chairman -- CHAIRPERSON RAWSON: -- do you have a suggestion for us? MS. SULLIVAN: I do. Linda Sullivan for the record, code enforcement director. Chris tells me that there's half day on the 16th so you go the 12th, the 13th like a full day and a half day, then finish up the next on the 16th. CHAIRPERSON RAWSON: Is that Monday, the 16th of December? Morning or afternoon? MR. HAZZARD: I'm -- I'm not available on the 16th, Ka dam Chairman. -MR. MANALICH: Is there another location that could be used that would be easier to make -- reserve? CHAIRPERSON RAWSON: Miss Sullivan says yes. I have to call my -- MR. MANALICH: It'd have to be something that obviously could, you know, properly accommodate everyone and any public. MS. SULLIVAN: There's a conference room upstairs that wo thought about using before that can accommodate I think about 20 people. MR. MANALICH: We're obviously going to need microphones and everything to be able to work for the court reporter and everyone else. CHAIRPERSON RAWSON: I think Mr. Hazzard said he's not available on the 16th. MR. HAZZARD: Correct. I'm not available on the 16th, .but I thought we were now talking about room availability, perhaps mc►ving out of this -- out of this chamber. I can tell you all the dattes that I'm available now through the end of December. MR. MANALICH: The code enforcement director I thought had a good idea. What about if we found a courtroom in building L? CAAIHPERSGN RAWSON: I'm sure you could do that. MR. HAZZARD: Madam Chairman, I think we -- we did discuss that -- Page 6 October 30, 1996 16 6 G CHAIRPERSON RAWSON: We did. MR. HAZZARD: -- at the continuation of the last session, and the concern at that point was I'm not certain in a courtroom that there's a good spot for the board to sit. However, I'll go anyplace. CHAIRPERSON RAWSON: There's only four of us. We can all fit behind the chambers, the desk. MR. MANALICH: The jury box obviously would be the only other alternative in the courthouse. CHAIRPERSON RAWSON: I'm certain that you can do that. You know, the problem with those courtrooms is I think if you call over there and ask they'll tell you that they can't let you know till the last minute because they're never sure about jury trials and what courtroom availability is. And if you are over there every day like I am, you know they -- judges all switch courtrooms a lot. I'm sure that they'll put you in pencil, but they won't tell you for absolutely sure until the last minute. MR. HAZZARD: And I believe, Madam Chairman, we would be subject to being bumped at -- CHAIRPERSON RAWSON: No question about it. MR. HAZZARD: -- at any time, even in mid hearing in the courthouse. MR. MANALICH: Well, then I think what we're looking at is if we take that day and a half on the 12th and 13th-of December to try to get in all the testimony and then we reserve the -- if it runs over beyond that the closing arguments and deliberation for the next available time and day, that seems to be the only remaining alternative. — -CHAIRPERSON RAWSON: I think so. MR. HAZZARD: We'll just -- we'll simply try to get it wrapped up on the 12th and 13th. And if we can't, then we'll continue again. Is that what I'm understanding, Madam Chairman? CHAIRPERSON RAWSON: I think that's it. If you'd like -- I know how to reach Mr. Allen -- we could take a five - minute break, and I can call him. I don't know about Mr. Andrews because I know he's not well. MR. KOWALSKI: Madam Chairman, do you -- is the board going to discuss any way of trying to determine whether Mr. Andrews is going to be able to participate to the conclusion of this matter? Obviously that's something that -- that you all would need to decide fairly quickly because we don't want to get any further into the litigation of the matter if it turns out that you cannot proceed with him. That would throw us back into having to make other difficult .decisions. CHAIRPERSON RAWSON: I don't know. I know he's not well this morning. MR. MANALICH: That seems to be a valid concern. I mean, that would affect all our future planning on this. Now, I -- he's been here for many other meetings prior to this. So I just ,assumed it was a one -day occurrence. CHAIRPERSON RAWSON: He's never well when he's here. He Page 7 I October 30, 1996 always tells me he may have to leave. 1 6 G Well, if you want to take a five - minute break, I'll call Mr. Allen and see what his availability is for the 12th and 13th. MR. LAFORET: I second the motion. CHAIRPERSON RAWSON: Okay. We'll stand in recess for five minutes. MR. KOWALSKI: And -- and, Madam Chairman, anyone in the audience or counsel who wants to listen in on that conversation is - - is going to be able to do that? CHAIRPERSON RAWSON: Well, no. I was going to turn the microphones off. Do you want them to listen? Well, yes, I guess they have to, sunshine law. All right. Then I won't go off the record. MR. KOWALSKI: Whatever you can record, please do, even if you can't record the whole thing. CHAIRPERSON RAWSON: Mr. Therion's office, please. Yes. This is Jean Rawson. I'm looking for Jim Allen. He told me he would be there this morning. Well, if you don't mind, I really do need him to return my call right away. I mean, I won't hold on. Oh, wait. I don't think he can call me here. Why don't I just stay on the phone. My last name is R- a- w- s -o -n, and I'm on -- I'm calling him from the Collier County commission chambers at the Code Enforcement Board, and I need to know his availability for a hearing. I'll hold on. Thank you. There will be a long pause. They've got to try to find him. MS. SULLIVAN: You better tell him he's on the record. CHAIRPERSON RAWSON: It's going to take a while. Yes, there is. Let me get the county number for you. What -- what number — :should I have him call back here? MS. CRUZ: 774 -- CHAIRPERSON RAWSON: 774 -- MS. CRUZ: -- 8097• CHAIRPERSON RAWSON: -- 8097. And it's -- yes. Jean Rawson, R- a- w- s -o -n. I sure do. Thank you very much. Bye -bye. Mr. Allen's unavailable, but they're trying to locate him, and we've asked him to call back. So if he calls back, I guess I'll get a message. MS. SULLIVAN: I'll go in there and tell them to stand by and you'll call him where he is. MR. LAFORET: What's that number to call here again? CHAIRPERSON RAWSON: I guess we'll go into recess again for five minutes till we see if Mr. Allen can be located. (A short break was held.) CHAIRPERSON RAWSON: Hi, Jim. This is Jean Rawson. How are you? I'm talking to you on the microphone since we don't want to violate the sunshine law. And I just wanted to know if you would be available on Thursday, December the 12th, and Friday, December 13, and that day would only be until noon. Well, the first day probably be till four o'clock, and the second day would be till noon. Friday, the 13th of December. Wonderful. That -- that's all we needed to know. We'll probably reconvene the original four on that day. Okay. Page 8 IL October 30, 1996 16G ',['hank you. Bye-bye- Mr. Allen advises that he would be available on those two days. MR. MANALICH: What I was thinking, Madam Chairman, is that we could have on the 12th and 13th all of the evidence. And then if we still need more time, which I think we probably will for the closing arguments and deliberations, if a transcript would be made evailable between that date and the next date that we can get on the calendar that everybody can make which will probably be from what it looks like early January, everybody have the benefit of the transcript, then we could just hit the final stage on that date in January. CHAIRPERSON RAWSON: Give us something to do over the Christmas holiday. MR. HAZZARD: Madam Chairman, I simply -- I simply want to be clear that I estimate that we can finish by noon on the 13th. But certainly if we're within a witness or so of concluding, we may need another day of hearing time as well. CHAIRPERSON RAWSON: That's fine. MR. MANALICH: Yeah, and we're trying to best estimate also. I mean, we were thinking, you know, minimally a half day. But it's conceivable depending on how much cross - examination there is that we might run beyond a half day too, so we'll have to see. But I think as long as there could be a transcript available we could finish up on regular business days in January. CHAIRPERSON RAWSON: That's fine. Is there -- are there any other suggestions or anything else before this board today. Then T_ guess we're gonna continue the case of Lely — Barefoot Beach until Thursday, December the 12th at 8:30 and reconvene again on Friday, December the 13th and then reconvene again thereafter as needed. And it will only be the original four. But the next regularly scheduled meeting of the Code Enforcement Board is when? MS. CRUZ: November 25. CHAIRPERSON RAWSON: November 25. So anything else to come before the board? MR. MANALICH: Are we gonna pick a subsequent reserve date at this point? It sounds like we're not gonna finish on the 12th and 13th. CHAIRPERSON RAWSON: Well, the regular scheduled board meeting in January would be the fourth Thursday. MR. MANALICH: Well, I would suggest if -- we'd have a special meeting for this earlier in January to wrap this case up exclusively. MR. HAZZARD; Madam Chairman, I'm just not sure that we're gonna be able to pick the next date at this point. I mean, I assume you would have to call Mr. Allen back. Why don't we simply wlect that date on the 12th and 13th or more particularly on the 13th as we see where we're -- where we're standing. MR. MANALICH: Whatever. CHAIRPERSON RAWSON: That's fine. I'm sure we can -- MR. MANALICH: I just don't want it to be postponed Page 9 October 30, 1996 Z-6 G indefinitely. I'd like to try to bring it to closure. CHAIRPERSON RAWSON: I'm sure we can find a date in January. I don't have the January trial docket yet, and so, you know, I wouldn't know exactly my availability yet. Anyway, so I suppose we can wait. We can get some dates even later in November, and everybody can start checking their schedules. Well, with that, the next regularly scheduled meeting of the entire board will be November the 25th, and this case will then be continued until Thursday, December the 12th. We stand in recess. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 9:30 a.m. CODE ENFORCEKENT BOARD M. j5AN RA SON, CHAIRPERSON TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT REPORTING BY: Shelly Semmler Page 10 November 25, 1996 to TRANSCRIPT OF THE MEETING OF THE COLLIER COUN'T'Y CODE ENFORCEMENT BOARD , 2 NAPLES, FLORIDA, November 25,.1996 LET IT BE REMEMBERED, that the Code Enforcement Board in and for the County of Collier, having conducted business herein, met on this date at 8:36 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRPERSON: M. Jean Rawson Charles M. Andrews James D. Allen Celia E. Deifik Louis F. Laforet Richard McCormick ABSENT: Mireya Louviere ALSO PRESENT: Ramiro Manalich, Chief Assistant County Attorney �) Shirley Jean McEachern, Assistant County Attorney Richard D. Yovanovich, Attorney to the CEB Maria E. Cruz, Code Enforcement Specialist Misr. Corres: Korr1s Hancock Date: Constantine Mac'Kte - Item# Berry Copies To: Page 1 16G 11 -13 -1996 S:2SPM FROM 643 834S P.1 16G 1® BScIItii2B Date: November 25, 1996 at 8:30 O'clock A.M. Location: Collier County Government Center, Ad=. Bldg, 3rd Floor VOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THU PROCEEDINGS PERTAWim THERETO, AND THEREFORE MAY NEED TO E'NS'URE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. NEITHER COLLISR COUNTY NOR THE PUBLIC NUTBA CR- ABATEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. 80LL CALL 162. APPROVAL OF AGENDA _ 3. _ APPR2VAL OF MINUTES September 30, 1996 and October 24, 1996 4. PUBLIC HEARINGS A. Board of County Commissioners vs. Mildred M. Anderson CEB No. 96 -013 B. Board of County Commissioners vs. Dale H. and Joyce B. Steinberg CEB No. 96 -014 S. NEW BUSINESS N/A 6. OLD BUSINESS N/A 7. REPORTS N/A a. NEZI MEETING DATE December 12 and 13, 1996 9 AQJQQL .N 16G November 25, 1996 40 CHAIRPERSON RAWSON: The Collier County Code Enforcement Board will come to order. Today's November the 25th. And let's start with the roll call. We'll begin at my left. MR. MCCORMICK: Richard McCormick. MR. LAFORET: Lou Laforet. MS. DEIFIK: Celia Deifik. CHAIRPERSON RAWSON: Jean Rawson. MR. ALLEN: Jim Allen. MR. ANDREWS: Charlie Andrews. CHAIRPERSON RAWSON: The first item is approval of the agenda. Are there any changes to the agenda, Miss Cruz? MS. CRUZ: No. No. There are no changes from staff. CHAIRPERSON RAWSON: In that case we will ask for a motion for the approval of today's agenda. MR. ANDREWS: So moved: CHAIRPERSON RAWSON: Is there a second? MS. DEIFIK: I second. MR. ALLEN: Second. CHAIRPERSON RAWSON: All in favor signify by saying aye. All opposed? (No- .esponse) CHAIRPERSON RAWSON: Approval of minutes. Let's do the September 30 minutes first. Everybody had a chance to look over the September 30 minutes? Anybody have any corrections or additions? �® September 30. MR. MCCORMICK: I'll make a motion that we approve September 30 minutes. MR. ANDREWS: I second. CHAIRPERSON RAWSON: Been moved and seconded that we approve September 30 minutes. All in favor signify by saying aye. All opposed? (No response) CHAIRPERSON RAWSON: It passes. I'm going to put off the approval of the October 24 meeting minutes until the end of the meeting since we have a couple of public hearings today, and that's going to probably require some discussion on the part of the board. So we're going to reserve that part of the agenda until the end. Let's get on to the public hearings then. The first item to be heard before this board today is Board of County Commissioners versus Mildred M. Andrews, (sic] CEB No. 96 -013. Mr. -- MR. MANALICH: Good morning, Madam Chairman. For the record, Ramiro Manalich, chief assistant county attorney. Before I allow Mrs. McEachern to proceed with this case, I just want to mention that a representative of the board office had come by and mentioned that Ms. Louviere had called in and had complained of suffering from a migraine and could not attend today, and that was the excuse that was conveyed to me. CHAIRPERSON RAWSON: Thank you. ®MS. MCEACHERN: Good morning, Madam Chairman, Code Enforcement Board members. I'm Shirley Jean McEachern, assistant Page 2 November 25, 1996 16 G 0county attorney. The first case that we have today is Board of County Commissioners versus Mildred M. Anderson. It is a case that is with regard to certain violations of the Collier County housing code ordinance. And today we have, in fact, the property owner, Mrs. Anderson, who, number one, has agreed to allow us to put our package -- our hearing package into evidence with -- we also have the green card that she had signed and we just got in the mail late Friday, and I just received it. So if we have no objection, I'd like to enter that into evidence. (Staff Exhibit A was offered into evidence.) CHAIRPERSON RAWSON: Is there no objection from the respondent? Hearing none, let's have a motion for introduction into evidence the entire packet for Mildred Anderson's case. Do we have a motion by some member of the board? MS. DEIFIK: I so move. MR. ANDREWS: I'll second it. CHAIRPERSON RAWSON: All in favor of introducing this entire packet into evidence as the county's first exhibit, please signify by-,saying aye. Passes. If you'll mark the exhibit. (Staff Exhibit A was marked for identification.)' 40, (Staff Exhibit A was admitted into evidence.) CHAIRPERSON RAWSON: The exhibit will be admitted. MS. MCEACHERN: Secondly, Mrs. Anderson and I have had _ the._opportunity to speak with her prior to this hearing, and she has also agreed to stipulate to the violations that are stated in that package and, in fact, has requested that she be allowed sufficient time to remedy these violations. The violations are an apartment on Marco Island, and there are certain violations such as there's leakage from the roof, there's an unpermitted structure on the roof, some of the guard railings are loose, there's a walk -in closet on the second floor that protrudes kind of outside and seems to -- it looks like from the pictures and the package, has a hole in the bottom of it. It appears to be unsafe. And then there were some hot wires on the property as well. And she's here today with her son, and one of the issues is Mrs. Anderson has, in fact, pulled what's called a -- if I say this right, an owner- occupier building permit that is required in order to correct these violations. There is a dispute as to whether or not the property is occupied because she has had some tenants that sha feels that she didn't know or is not completely certain are actually occupying the property because she just got -- Mrs. Anderson just arrived here from Michigan a few days ago with her son. And if the property is actually occupied by these renters and if they were to stay there, they need another permit, and it would actually require a ®contractor to pull that permit which again wouldn't take that long. If the property is not occupied or if they, you know, ask the tenants to leave and they do leave, then I've been told that the permit that Page 3 16G November 25, 1996 they have pulled will be correct. 9 should be I've been told that January 9 -- January rY sufficient time to actually have the permit issue corrected and the problems out there corrected as well. And what the county would like to do is if by January 9 it's not corrected, we would have a county person go out to the property, and if it turns out that the problems aren't corrected, then we have our fine of $250 a day that is imposed until such time as the violations are corrected. Mrs. Anderson, did you want to say anything? You have to get up by the mike. MR. ANDERSON: No. We have nothing to say other than that we'd like to get this corrected. My name is Gary Anderson, Mildred Anderson's son. CHAIRPERSON RAWSON: Mr. Anderson, would you be sworn in, please. THEREUPON, GARY ANDERSON, a witness, having been first duly sworn, upon his oath, testified as follows: CHAIRPERSON RAWSON: Go ahead, Mr. Anderson. Tell us whatever_ypq_ would like. MR. ANDERSON: Well, I guess that would be sufficient time, and we'd like to get this cleared up because my. nephew took this -- these peoples in, and I guess they put their furniture in 10there, and they were just supposed to be housing it there until we got everything settled and we got down here and straightened this all out, and now we're here, and we're going to proceed and take care of the problems. MS. MCEACHERN: Madam Chairman, one thing we'd like to do is perhaps have one of our members of the code enforcement staff actually meet with the property owners out at the property and kind of walk through the violations and -- and assist in any way they can and we can get everything fixed. MR. ANDERSON: Well, I'm leaving tomorrow back to Michigan. I have to get back to work, and she's going to be here. But my nephew's going to be on his way down, and we're going to get him and -- He's the one that got us in this hot water anyway so -- MS. MCEACHERN: Okay. Well, maybe after this hearing we can even see if we could have some time this afternoon -- MR. ANDERSON: All right. MS.' MCEACHERN: -- or today where everyone can walk the property. MR. ANDERSON: Sure. MS. DEIFIK: Can -- Can I ask a question? MS. MCEACHERN: Yes. MS. DEIFIK: It all sounds great to me to get it -- you know, to have until January 9 to get these issues resolved. The only thing I'm concerned about is this hot electrical wire. Has something been done about that, or can something be done immediately, have the ;power turned off or have that wire disconnected or whatever needs to be done? Page 4 16G November 25, 1996 MR. ANDERSON: It was -- It was a lamp post that was out and the rust -- the ru -- the bottom rusted away and that is the wire that is hanging out. It is shut off at the breaker, so it is not a hot wire just hanging out. MS. DEIFIR: Okay. MS. MCEACHERN: Okay. CHAIRPERSON RAWSON: Well -- MR. LAFORET: Dis -- disconnected with a circuit breaker? sicall MR. ANDERSON: Yes. It has to be taken -- physically taken out now because the -- the -- the lantern that was out rusted away. going to disconnect the wire? MR. LAFORET: Are you g g MR. ANDERSON: Yes. MR. LAFORET: Oh, all right. All right. I thought you were -- _ MR. ANDERSON: But right now it's just - MR LAFORET: -- just going to trip the breaker. MR. ANDERSON: -- shut off at the breaker. It's just shut off at the breaker now. Yes. We're going to disconnect it -- MR. LAFORET: All right. suggesting - CHAIRPERSON RAWSON: Are you MR. ANDERSON: -- as soon as possible -- CHAIRPERSON RAWSON: I'm sorry, Mr. Anderson. Are you suggesting that we give them until January 9, or 0 are you suggesting that we find that a violation exists today and that it has to be cured by January the 9th? MS. MCEACHERN: Mrs. Anderson has told me -- and if I'm - w-forrig;' please correct me -- that she stipulates to those violations, that they are existing; and, therefore, there's no need today forward with the evidentiary hearing and that they can start this afternoon to try to get the violations remedied. And then if -- BY January 9 we would send somebody out there to determine whether or not the violations have been corrected, and if not, upon e is farce of a certificate of the violation still existing, day, which is the maximum fine for a first violation under the code and under the ordinance, would be imposed. We do not have another board meeting until later in January, so actually that fine would -- we would bring it -- it would be on the agenda for that next board meeting, and it would be retroactive to January 9 so -- CHAIRPERSON RAWSON: You want $250? That's the maximum, isn't it? MS. MCEACHERN: For a first violation that is what staff has recommended. MR. LAFORET: In lieu of a coordinated plan which may or may not be complete by January 9, as a little incentive could we apply the fine today to be reconsidered on a January board hearing? MS. MCEACHERN: it is within -- I think you'd have to ask your counsel, but I believe that's within the board's discretion, 46 but we want to do everything to work with the property - especially Page 5 November 25, 1996 16G hen we have a property owner that has expressed a desire to remedy the problem, we most certainly want to do whatever we can to encourage the property owner to remedy the problem as soon as possible. MR. LAFORET: It just appears to me they've had a considerable period of time. I guess I'll have to address my own counsel. They've had a considerable period of time, and although they show a willingness today -- MR. ANDERSON: Well, sir, we've been out of state -- MR. LAFORET: -- in addition to a willingness, I'd like to leave them an incentive. MR. YOVANOVICH: Mr. Laforet, you are still required, if you find a violation, to give them a reasonable opportunity to cure the violation before the fines can go into effect so -- MR. LAFORET: Right. MR. YOVANOVICH: -- you may not agree with January 9, but you need to give them an opportunity to cure it before you can fine them. So you cannot fine -- start the fines running today is what I'm -- what I'm saying. CHAIRPERSON RAWSON: Isn't it possible that for a first violation we could do $150? MR. _70V'XiOVICH: You -- The amount of the fine is within the board's discretion based upon the seriousness of the violation. I mean, you're -- you're not required to accept a $250 recommendation. You can go anywhere from zero to the maximum of $250. CHAIRPERSON RAWSON: Any further evidence from either side? MS. MCEACHERN: No, Madam Chairman. CHAIRPERSON RAWSON: Anything else you want to say, Mr.. Anderson? MR. ANDERSON: Well, we've been out of state. We're from Michigan, and we just got here. The amount of time has just been a couple of months here. I'm not sure about the time. So we are trying to remedy this as quick as possible. It has not been a lingering problem as far as I know. CHAIRPERSON RAWSON: Thank you. MR. YOVANOVICH: Madam Chairman, just -- just for the record, I -- I haven't heard the respondent actually stipulate to the violation and to staff's recommendation. Can you just state for the record, Mr. Anderson, that the respondent does stipulate to the violations and to -- MR. ANDERSON: Yes. We do stipulate to the violations. MR. YOVANOVICH: -- and to the recommended -- .recommended -- recommended fine by staff? MR. ANDERSON: Yes. MR. YOVANOVICH: Thank you. CHAIRPERSON RAWSON: Any of the board members have craestions for either side? MR. MCCORMIM. Just one question. Miss McEachern, can ® you tell us how you came up with the January 9 date? MS. MCEACHERN: Yes. We met with staff last week and we Page 6 16G November 25, 1996 4)decided that -- past experience, if we give too much time, the work doesn't get done, and when there's a more limited time that is still sufficient time to get the work done, that gives them over a month, and it gives them two weeks prior to the next board meeting as well, and it was just a date that staff then chose. MR. MCCORMICK: Thank you. CHAIRPERSON RAWSON: Any further questions for either side? MR. ANDREWS: Mr. Anderson, have you contacted or made any agreements with the contractor? Are you going to have a contractor -- MR. ANDERSON: We had a contractor, Michael Hewitt, that was supposed to be taking care of these before, and I haven't been able to find him on the island, so I'm not sure where he's at, and we have to hire another one right now and get to work. MR. ANDREWS: That might take some doing for all that work. MR. ANDERSON: Well, I don't think there's that much major work there that needs to be done. It's just a few minor things that have been picked out, and I think we'd be able to remedy this pretty_quick. MR. XRfAEWS: Well, I wish you a lot of luck. MR. ANDERSON: Thank you. CHAIRPERSON RAWSON: You think January 9 is a sufficient amount of time, Mr. Anderson? MR. ANDERSON: I hope so. I'm due back in February to come down with my family and I -- hopefully I do not have to do any work or take care of anything like that. Yes, I hope -- it should be - remelli ed by then. CHAIRPERSON RAWSON: Thank you. If there are no further questions, then we'll close the public portion of the meeting, and we are now open for discussion and /or motions from the board. MR. ANDREWS: Well, I'll make -- I'll make a motion that we -- we go along with a January 9 date as far as the -- it's a fictitious figure anyway right now, the amount, so I think we could leave it at 250. We can always change it. So I'll -- I'll make a motion that we go along with the program that the -- our attorney or the staff attorney has suggested. CHAIRPERSON RAWSON: Is there a second? MR. MCCORMICK: I'll second. CHAIRPERSON RAWSON: Any discussion? All those in favor signify by saying aye. All opposed? MR. LAFORET: (indicating) CHAIRPERSON RAWSON: One no. Motion carries. Mr. Yovanovich, we don't have a proposed order up here, I don't think, 14ith the findings of facts and all, but if you would prepare an order for my signature, I think we are -- the findings of fact are that the ®parties have stipulated to the violations, and the parties have reached an accord whereby January 9 is a reasonable time to cure the Page 7 16G November 25, 1996 Oviolations, and the parties understand that if the violations are not cured by January the 9th, that a $250 fine per day will be then imposed. And if you would prepare that kind of an order, I believe that's -- would be the order of the board, and I'll be happy to sign it. Thank you. Thank you, Mrs. Anderson, Mr. Anderson, and we appreciate your cooperation and hope you get this problem remedied right away. The next public hearing is Board of County Commissioners versus Dale H. and Joyce B. Steinberg, CEB No. 96 -014. MR. MANALICH: Good morning again, Madam Chairman, members of the board. For the record, Ramiro Manalich, chief assistant county attorney. A couple of preliminary matters before we begin, and that is I believe that Mr. Steinberg and another gentleman are here this morning as respondents. I had had some limited discussion with Mr. Pires who, I think, is their counsel of record on this and other matters. I guess the first thing we need to address is whether Mr. Pires will be representing Mr. Steinberg this morning or what is the situation. Maybe, Mr. Steinberg, if you could please take the podium or if you have any other representative here today. CffAIRPL'9SON RAWSON: Mr. Steinberg, would you state your name for the record, please, and allow the court reporter to swear you in. MR. STEINBERG: Dale H. Steinberg. • THEREUPON, DALE H. STEINBERG, a witness, having been first duly sworn, upon his oath, testified as f 611 -ows : MR. STEINBERG: In answer to the question, my understanding is that Mr. Pires did not get notification of the meeting, and the first that he had become aware of it was last Thursday when we had something faxed to our office. We were notified of it earlier, but when it was faxed to our office at that time we'd contacted Mr. Pires, and he had no awareness of the meeting. He is our legal counsel. There are probably a couple -- There are legal things here that may need to be addressed, and certainly I would want my attorney to address those. There's a practical matter of which I don't even know if we have to look at the legal aspect of it, but we may be able to go ahead and -- and proceed with it. I have no idea where it's going to go from here. We've been working with the landscape architect very well, with Wayne Arnold very well, Tom Kuck, and there's a time constraint that was involved. We've had the plan in for the landscaping for -- between six or seven weeks. We did not get any response of what needed to be done until last Thursday when it was faxed to our office that this is what we would like to have you do. dot that time I went down and met with Nancy Siemions immediately, and I says, "What do we need to do ?" She was somewhat handicapped because ®Mr. Wayne Arnold was out on a meeting at that time and couldn't get the personnel that she needed to work with because there was some Page 8 16G November 25, 1996 Oproblems with the landscaping. Not the least of them, one is that the -- there's water flow area of which the county is dumping water on our property which presented a problem. We put landscaping in because we've got to get rid of the water. Nancy Siemions has been very good to work with. We just need the time to work with her, and we had no idea that we needed her to do it until last Thursday, late last Thursday. MR. MANALICH: Madam Chairman, I think at this point - it's my understanding -- and staff can correct me if I'm wrong. It's my understanding that -- and I think the evidence will show if we get to that point -- that there has been an ongoing series of discussions here between the respondent and the county about this entire situation. Some of those meetings, I believe, Mr. Pires hat attended. Some he has not. MR. STEINBERG: Correct. I-1R. MANALICH: In any event, I don't -- I see Mr. Pires here, as a matter of fact, just walking in. Mr. Pires: Hello. MR. MANALICH: You're the center of attention here, Mr. Pires. MR. ANDREWS: Have your ears been burning? Mit. `MKN:�LICH: Well, where we're at, we have not started the case yet but -- I'll let him confer with his client for a moment. Mr. Pires -- MR. STEINBERG: Under the circumstances all of our goal Ois accomplished what needs to be accomplished. There are things that are in the report that have been given to you that are not factual. It's not our effort to sit and dispute that because we've been told - al-l",�Llong all we need to do is to get the landscaping in and have that amended site plan approved. That's the direction we have been moving in and wish to move in. My attorney had just told me to go ahead with it. If things come up within the report here -- and I'll use one as an example, is the original site that -- that the thing that was questioned on, and three times in the report it says that we had the wrong legal description on the permit that was paving the wrong property. If that is wrong, then Bruce Green's survey is wrong. It's taken right off Bruce Green's survey. I will explain that because I think it was a -- You're grinning, Bob. MR. MANALICH: Madam Chairman, perhaps to expedite matters, the only reason I -- I started this initial question was simply to inquire whether Mr. Pires is going to be representing .Mr. Steinberg today or not. First if we could have a clarification on that, then we can understand maybe how we're going to proceed today. Mr. Pires: Anthony Pires, Jr.; Woodward, Pires, & Lombardo law firm. CHAIRPERSON RAWSON: Good morning. Mr. Pires: Good morning, Miss Chairman, members of the ®board. I represent the Steinbergs on some other issues and have been representing them on this particular issue. We have conflicting Page 9 16G 1 November 25, 1996 appointments -- arrangements this morning with another matter dealing with the Steinbergs, and my clients have indicated a desire to proceed with this matter but they have -- It's primarily factual issues that they feel they need to dispute and /or make other factual representations to this board so they have a better and a clearer picture of what transpired. I don't know if that clarifies the situation. CHAIRPERSON RAWSON: Well, it does. You -- You're going to represent Mr. Steinberg, and we are going to proceed with the county's case this morning? Mr. Pires: That's correct. CHAIRPERSON RAWSON: Thank you. Mr. Pires: Thank you very much, Miss Chairman. MR. MANALICH: The -- The second question I would have to possibly save time would -be to Mr. Steinberg and Mr. Pires, and that is, is there any stipulation to these violations, or are they contested? If so, then we'll begin with the case, but if not, obviously we can save some time. CHAIRPERSON RAWSON: The -- The violation says failure to submit amendments as requested to site development plan as further described in the attached exhibit. MR.'5TE1NBERG: I -- I apologize. I was talking to Mr. Pires, and I didn't hear what you said. CHAIRPERSON RAWSON: The description of the violation on •the statement of violation is failure to submit amendments as requested to the site development plan. MR. STEINBERG: Okay.. In answer to -- to that, the submit -- plan has been submitted. We had originally had a meeting - as _ = -as the chronological report that you have in front of you on 9 -11, and we had a couple meetings with Wayne Arnold after that to get a clarification of what was needed because it was an amendment to the plan and it was not -- it encompassed -- encompassed three sites which the tax records have one number on, and that's where the confusion come in, was whether there was a site plan for each site or a site plan for all three. We have met with Mr. Wayne Arnold on that, and we got that clarified. He told us what we wanted. We submitted the first site plan on -- revision was done on 9 -11. At that time we had another meeting with Mr. Wayne Arnold on it, and he had made some suggestions which had to do with the traffic arrows which had come from Tom Kuck on the site plan. We went back and had those revisions after that meeting. We had done what we were asked to do on September 17. _ There was another revision on September 18, and I think that that was an error that was done on the person that was doing the site plan. We picked up on it, and we went back and asked them to correct that. Then after that meeting we had met with Mr. Wayne Arnold again, and he said that he was having some input from Tom Kuck, the ®engineer, which was not part of our original meetings. Mr. Tom Kuck had presented the information. I met with Mr. Wayne Arnold again. He Page 10 16G November 25, 1996 ®told me what -- what we needed to have. We went back and accomplished all of that except for one item which was difficult for us to do, and I discussed that with Wayne Arnold. He said we'll need to talk to Tom Ruck on that. But we submitted that site plan again on October 2. 'That site plan had all the landscaping that was on there. The only issue that was in question at that time was the elevations to be done by a surveyor that Mr. Tom Ruck was asking for. CHAIRPERSON RAWSON: Mr. Steinberg, I -- I don't mean to interrupt you. I -r- I guess the question to you from Mr. Manalich was, do you stipulate that you have failed to submit amendments as requested to the site development plan. If the answer is yes, that saves us a lot of time. If it's no, then they've got to present evidence to that effect. MR. MANALICH: It appears to me that he -- correct me if I'm wrong -- but the way you've just described it, you think you're in compliance. MR. STEINBERG: We're in compliance, a-d my answer to that would be, yes, we have submitted it. They have asked for final tunings each time we come back. Now we're into the last one which we almost accomplished last Friday, and I think that will accomplish it. So from gur first meeting, second, or third meeting, the answer is yes. We had submitted what was asked to be submitted. From what we received last Thursday on the fax machine, there was other things that they wanted wetcan accomplish those. rouAnd so o our ttention no, we time, and d haven't but - - MR. MANALICH: Madam Chairman, the -- MR. STEINBERG: There's -- MR. MANALICH: -- county'staff's position is that there has not been compliance. I mean -- and we'll get into this, I guess, if we're going to hear the case as to Mr. Steinberg's version versus staff's, but I don't believe this is a stipulation at this point. CHAIRPERSON RAWSON: No. I -- I don't think so. MR. MANALICH: So we can go ahead and move forward and present our case. CHAIRPERSON RAWSON: Okay. you'll have MR. MANALICH: And obviously, Mr. Steinberg, y an opportunity to present your case also during the course of this hearing. MR. STEINBERG: I almost did. MR. MANALICH• Well, you've got a good start. CHAIRPERSON RAWSON: Is your attorney coming back? MR. STEINBERG: I don't -- I don't -- not for the hearing here within this time frame, I don't believe. CHAIRPERSON RAWSON: Then I -- What I will ask you - - you to do if he's not going to be able to come back, as this county ask presents their evidence, I'm going to give you an opportunity to questions of them about what they've had to testify to. MR. STEINBERG: Thank you. CHAIRPERSON RAWSON: okay. MR. MANALICH: County calls as its first witness Page 11 16G November 25, 1996 elMr. Tomasino. Madam Chairman, before we begin you should have all received, and Mr. Steinberg should have also received, a copy of Staff Composite Exhibit A consisting of approximately 40 pages plus at the end a 2 -page warranty deed and at the beginning a table of contents. At this time I'd like to move into evidence -- this is Staff Composite Exhibit A, subject to any objection that Mr. Steinberg may have to its admission. (Staff Composite Exhibit A was offered into evidence' CHAIRPERSON RAWSON: Mr. Steinberg, they're asking that we be allowed to have introduced into evidence for our consideration this packet which you've also received. Now, just because it gets into evidence and we get to look at it doesn't mean that you can't disagree with some of the facts in it, and we'll be happy to hear from you on that. He's just simply asking that we be allowed to look at it and consider it as the county's evidence. Do you have an objection to that? MR. STEINBERG: I don't have an objection to it, but again it's somewhat difficult because my attorney might have had an objection to it, but I don't have any objection. CHAIRPERSON RAWSON: Well, I understand that you think that there's some factual inaccuracies in here, and we're going to give you 'a chance to point that out to us. But hearing no objection, do I have a motion from a board member that we accept as Exhibit 1 or A for the county the ,packet BCC versus Steinberg? MR. ANDREWS: So moved. CHAIRPERSON RAWSON: Is there a second? MR. ALLEN: Second. CHAIRPERSON RAWSON: All in favor signify by saying aye. All opposed? (No response) CHAIRPERSON RAWSON: Passes. This will be introduced into evidence. You can have the court reporter mark that with this and make this a part of the record. (Staff Composite Exhibit A was marked for identification.) (Staff Composite Exhibit A was admitted into evidence.) MR. MANALICH: I'll let the court reporter have an opportunity to mark this here for a moment. THE COURT REPORTER: It's marked. MR. MANALICH: All right. Would you please state your name for the record. MR. TOMASINO: Charles Tomasino. Excuse me. MR. MANALICH: And how are you employed, Mr. Tomasino? THE COURT REPORTER: Excuse me. I think I need to swear him in. MR. TOMASINO: I'm a code -- MR. MANALICH: Oh. All right. MR. TOMS SING: -- code enforcement investigator. ® Charles Tomasino. MR. MANALICH: Excuse me. Yeah. Let - - Page 12 16G November 25, 1996 MR. TOMASINO: You want to swear me in. Okay. THEREUPON, CHARLES TOMASINO, a witness, having been first duly sworn, upon his oath, testified as follows: MR. MANALICH: Mr. Tomasino, how are you employed? MR. TOMASINO: How am I employed? I'm a Collier County code enforcement investigator. MR. MANALICH: Okay. And how long have you been in that job? MR. TOMASINO: Twenty-two years. MR. MANALICH: Did you have occasion to investigate the case that is before us today involving the respondent, Mr. Steinberg? MR. TCMASINO: Yes, I have. MR. MANALICH: Okay. When did you first get involved in that case? MR. TOMASINO: I believe it was on the -- 11th of September, was it? MR. MANALICH: Was it July, actually? MR. TOMASINO: July. Okay. MR..,,MM,,Z,LICH: Okay. And what happened -- MR. TOMASINO: Well, I was driving -- I'll tell you the circumstances I was under; okay? ® MR. MANALICH: Okay. MR. TOMASINO: I was in my vehicle. I -- I got a call on my radio to go to the corner of Estey and Airport and investigate a large amount of paving going on on a vacant lot. I drove up to the _ site,..and I observed two large dump trucks, a steam roller, and about seven men. I drove to the site, and I said, "Can I speak to the -- the boss ?" And I -- I think it was Better Roads, Incorporated, was doing the job. I said, "Do you guys have a permit ?" And at that point Mr. Steinberg came out, and he said, "What's the problem ?" I said, "Do you have a permit? Because this looks like a large job." He said, "Yes, I do, but I don't have it on me." So I said, "Would you kindly accompany me back to the office at Horseshoe Drive, and we'll take a look through the records and see what kind of a permit you -- you've acquired." MR. MANALICH: Okay. Before you go any further, let me show you -- You have before you a copy of Staff Composite Exhibit A. Before you go any further, just to clarify, on page 37 of that exhibit, there's a map. Could you tell us where on that map this site is located? MR. TOMASINO: Thirty- seven. It's on the corner of Estey and Airport Road, looking at the map, the middle of the map on the right -hand side. MR. MANALICH: Okay. And is that entire rectangular area these pictured there -- MR. TOMASINO: That rectangular area. Yes. MR. MANALICH: -- that's where the paving was occurring? Page 13 November 25, 1996 16 G „ MR. TOMASINO: In the middle portion of that area. MR. MANALICH: Now, I also direct your attention to page 16 of the composite exhibit, and please tell me what these photographs represent. MR. TOMASINO: These represent the -- the paving in progress. Part of it was not completely paved as I approached the site. MR. MANALICH: Okay. Who took these photographs? MR. TOMASINO: I did. MR. MANALICH: Was that on or about July 11? MR. TOMASINO: 7 -11. Right. MR. MANALICH: Okay. You said you met with Mr. Steinberg at the site. Then you asked him back to your office. What happened there? MR. TOMASINO: We went-into my supervisor's office, Mr. Bolgar, and we looked up the record, and we found that Mr. Steinberg has obtained an express permit which is not the type of permit involved -- that should be involved in this type of an operation. MR. MANALICH: Why is that? MR. -TO. SING: An express permit is for minor -- minor objects like minor repairs, putting a shed on a property. What was involved had to have much more detail involved. He's beyond the scope ,.&) of his permit. MR. MANALICH: Okay. And does an express permit normally require a site improvement plan? MR. TOMASINO: No. No. _ MR. MANALICH: Did this particular work in your estimation require a site improvement plan? MR. TOMASINO: At -- Yes. MR. MANALICH: Okay. And did Mr. Steinberg have any comment during your meeting regarding whether he needed a site improvement plan? MR. TOMASINO: Well, he -- he brought up the name Wayne Arnold, and he said he's been in -- working with Wayne Arnold and that we should wait for Mr. Arnold. And we tried to get in touch with Mr. Arnold. This is around 2:00, 3:30 in the afternoon, and our workday stopped at 4:00. So we please asked -- We asked Mr. Steinberg to please stop working until the next day. MR. MANALICH: Did that occur? Did he stop work? MR. TOMASINO: Well, we had a meeting the next day, but he did not stop. He completed the work after I gave him a verbal stop. MR. MANALICH: Did you have another meeting with Mr. Steinberg after this? MR. TOMASINO: The next day we had the Wayne Arnold meeting, yes. MR. MANALICH: Is that where you found out the work had • been completed? MR. TOMASINO: Yes. MR. MANALICH: Okay. Was the work completed? I Page 14 November 25, 1996 1 Ounderstand there was hot asphalt orrectnd the trucks; is that correct? MR. TOMASINO: That's MR. MANALICH: All right. Did you indicate to Mr. Steinberg that he needed to get a new permit and provide a site improvement plan? MR. TOMASINO: That was beyond the scope of my expertise. All I know, he had the wrong kind of permit. 2M. MANALICH: Okay. Did you issue a notice of violation for this case? MR. TOMASINO: I gave him a verbal. At the site I gave him a verbal. A few days later we sent him a stipulation. MR. MANALICH: Is that what's on page 19 of the composite exhibit? Is that your signature and your notice of violation? MR. TOMASINO: Yes, sir, it is. MR. MANALICH: Okay. And on that -- Is it your testimony that the cited violation is the failure to obtain the property permit with the site improvement plan? MR. TOMASINO: At that point in time, yes. MR. MANALICH: And was this also in your meetings verbally conveyed to Mr. Steinberg? MR. - TD1;MSINO: Yes, it was. MR. MANALICH: Okay. No further questions. MR. LAFORET: I have a question for the witness.'. Sir, at the time you asked Mr. Steinberg to quit working at 3:30 or so in the afternoon, how much hot asphalt was left on the truck? _ MR. TOMASINO: At least a truck and a half, two dump trucks. MR. LAFORET: Is that asphalt salvagable? MR. TOMASINO: I'm not an expert on that, sir. MR. LAFORET: Did you ask any of the drivers if they could salvage it or anything? MR. TOMASINO: My -- MR. LAFORET: My point -- My point that I'm trying to get at is, was your request reasonable to stop the work irrespective of the dollar loss in damages to the person who was laying asphalt? MR. TOMASINO: Well, my -- my -- you better MR. LAFORET: From my experience in asphalt, y lay it so it will roll in properly. MR. TOMASINO: With all due respect, Mr. Laforet - - MR. LAFORET: Now, if you're rolling it in, you have a little bit of time that you can wait the next day, but if it's on the truck, you don't have a lot of time. MR. TOMASINO: Well, he knew it. Why did he do it without a permit? MR. MANALICH: Mr. Tomasino, Mr. Laforet raises a valid point obviously but you -- Just to be clear, you have not cited him for having put in the asphalt and completing the work. You cited him for not getting an after- the -fact permit; is that correct? MR. TOMASINO: I said, "Come on in and let's get Page 15 16G I November 25, 1996 ®this* -- "Come on in before I do anything and -- and get it straightened out," and it wasn't straightened out. MR. MANALICH: You're -- You're not requesting by your notice of violation, are you, to rip up the asphalt; right? MR. TOMASINO: Well, I think that's for further into the case. If he -- if he -- If he abides by everything, he's -- the asphalt will stay down. MR. MANALICH: In other words, if he submits a site improvement plan? MR. TOMASINO: Right. Right. MR. MANALICH: All right. Thank you. MR. MCCORMICK: I have one additional question. Mr. Tomasino -- MR. TOMASINO: Yes? MR. MCCORMICK: -- was there any work done on the 12th, the next day? Was there any pavement laid or any work? MR. TOMASINO: To my knowledge, when he came in on the 12th for our meeting, it was all paved. It was -- MR. MCCORMICK: It was already done? MR. TOMASINO: -- already done then, right, before us. MR. _ XCQflRMICK : okay. Thank you. MR. LAFORET: Thank you. CHAIRPERSON RAWSON: Mr. Steinberg, do you have,any questions that you would like to ask Mr. Tomasino based on his ® testimony? MR. STEINBERG: Yes, I do. CHAIRPERSON RAWSON: Please go ahead. MR. MANALICH: You want to use this podium? MR. STEINBERG: Mr. Tomasino, you stated that there was no permit on the site. MR. TOMASINO: I believe there wasn't or I wouldn't ask you to come into the office. MR. STEINBERG: Was not this permit stated on the front of the building facing Airport Road of which I pointed out to you when we discussed it? MR. TOMASINO: Not to my recollection. MR. STEINBERG: Second question: When we met, you asked me to stop -- have the pavers stop paving? MR. TOMASINO: Yes, sir. MR. STEINBERG: Did Z not ask you that they only had a short portion of the paving left to go. And I, in fact, pleaded with you. I -- Let me get back to that. I want to ask another question first. It was not an issue whether the permit was on the site that you had originally approached me about. You told me I was paving the wrong property; is that not correct? MR. TOMASINO: I had no way to know that, sir. It was just -- MR. STEINBERG: Did you not say that the property that you got a permit for is way down there on Rock Creek? You did not say that? Page 16 16G November 25, 1996 MR. TOMA.SINO: No, sir. I had no way of knowing. MR. STEINBERG: You did not pull out the copy of the application for the permit that you had and said, "On here it says that you're supposed to be paving Rock Creek and not this," and I did not respond to you. I said, "I'd be a fool if I'm paving someone else's property "? MR. TOMASINO: It might have happened in the office when we got back but not in the field, no. MR. STEINBERG: That did not happen on the site? MR. TOMASINO: No. MR. STEINBERG: Back to the other question: Did I not then plead with you that we had approximately a dozen men out there, a couple of big machines -- and Better Roads is paving this. I'm not paving it. Better Roads is the contractor on this -- that wea had lthe machines out there, we had the hot asphalt that was waiting, legal says, "Let them go ahead and finish, and if I am wrong on my description on my permit " -- ,which was your only question at the time. I says, "If I'm wrong, I will go back. to the office" -- and that I'm the one that volunteered to go back to the office, and I said, "If I'm wrong, I will take it back up." And you says, "Okay. Let them go ahead and finish, and we' ^11`go to the office right now." Did you not say that. MR. TOMASINO: No. MR. STEINBERG: At that point I instructed the pavers on What? he site, and we went back to the office. Is that -- Do you remember MR. TOMASINO: I said, "I'll give you a verbal stop. I will not red -tag the job because.I don't know my situation here. So - 16t1s•go back and get it rectified. Let's go back to the office, and I'll give you a verbal stop instead of red tag and tell everybody to go home." MR. STEINBERG: Okay. That's your testimony? MR. TOMASINO: That's my testimony. MR. STEINBERG: We did go back to the office and met with Mr. Bolgar; right? MR. TOMASINO: Right. MR. STEINBERG: At that point did I not point out that -- that there was a discrepancy that they were talking about Rock Creek as being on the permit, and did we not discuss that? And I sat in the office, and at that time we had made an agreement to meet the following morning because I said there was a site plan on file in your reference to Mr. Wayne Arnold, and you could not find or compliance service could not find a site plan that existed, and I said that there was one on site or on -- on file and that we ought to meet the next :morning? Is that in close proximity of what took place? . MR. TOMASINO: Well, I was addressing an express p erm and I didn't know how that fit into the picture because it shouldn't have. That -- That's as far as I go with this. MR. STEINBERG: Okay. Did we meet the next morning? MR. TOMASINO: Yes, we did. MR. STEINBERG: We met with Mr. Ed Morad, Wayne Arnold Page 17 16 November 25, 1996 „and myself and I believe Bob Mulhere. I'm not sure about that but I think -- MR. TOMASINO: True. Bob Mulhere. Right. MR. STEINBERG: Was it? MR. TOMASINO: Right. MR. STEINBERG: At that point did you not state that we had a permit for the wrong address? MR. TOMASINO: Well, in reading the permit, there was some incongruities there. There was -- The legal was wrong, and the address was right, or the address was wrong and the legal was right. I couldn't -- I can't remember right now, but it did,not jive. It did not go together. MR. STEINBERG: Did I not point out at that time that it was a survey, that it says, starting at Lot 35 and Rock Creek, you will go North 100 feet to the point of beginning, and your contention was that we were paving Lot 35 and Rock Creek? MR. TOMASINO: I -- I can't remember, but I -- I don't see what the issue is. I can't recall. MR. STEINBERG: The issue, Mr. Tomasino, is that you were claiming it was the wrong permit for the wrong property. MR..,TO. SING: No, sir. I'm claiming you've got an express permit for whatever property, which is wrong. You need the site plan. MR. STEINBERG: I have no further questions for this, .IMr. Tomasino. MR. MANALICH: Mr. Tomasino, just one follow -up question. Obviously you've been asked about some confusion with regard to the location. MR. TOMASINO: Right. MR. MANALICH: But, regardless, in the notice of violation you issued, the basis for that violation is that the permit is not supported by the proper site improvement plan; correct? MR. TOMASINO: Partially, yes, yes. Partially. MR. MANALICH: Is there more? MR. TOMASINO: Well, it's the wrong type of permit he got. MR. MANALICH: Okay. Thank you. MR. STEINBERG: One -- one question to follow up on that. It was the wrong type'of permit, but you issued no red tag on the site because you agreed to go back to the office to see if it was for the right property? MR. TOMASINO: No. To see if we had -- why did you get an express permit rather than have a whole site plan approval. That's why. MR. STEINBERG: If you thought this was the wrong permit and improperly done, why did you not issue a red tag? MR. TOMASINO: Because I was being a gentleman. There was hot asphalt, and I wanted to give you the benefit of the doubt. MR. STEINBERG: Would there have been any difference between having a verbal stop order for hot asphalt or perm -- or issuing a stop order for hot asphalt? Page 18 16G November 25, 1996 .,' MR. TOMASINO: Yes. I -- I would have to be sure of my facts before I give you a red tag complete stop. Sure. I -- I had to check my facts. MR. STEINBERG: No further questions. MR. MANALICH: Okay. You -- Mr. Tomasino, you had an opportunity to check your facts, and you're still convinced, are you not, that that notice of violation was correct because it was the wrong permit and didn't have a site plan? MR. TOMASINO: Absolutely. Yeah. MR. MANALICH: Thank you. MR. TOMASINO: All right. CHAIRPERSON RAWSON: Next witness. MR. MANALICH: Next witness, Dennis Mazzone. MR. MAZZONE: Good morning. MR. MANALICH: Mr. Tomasino, could you let Mr. Mazzone have a copy of that exhibit. MR. MAZZONE: Good morning. For the record my name is Dennis Mazzone. I'm an investigator for Collier County's code enforcement. MR. MANALICH: Swear the witness in, please. THEREUPON,,-.-- DENNIS MAZZONE, a witness, having been first duly sworn, upon his oath, testified as follows: MR. MANALICH: Good morning, Mr. Mazzone. MR. MAZZONE: Good morning. MR. MANALICH: In your duties as code enforcement _ investigator, did you have occasion on or about August 9 of 1996 to become involved in the investigation of the case presently before the board? MR. MAZZONE: That's correct. MR. MANALICH: Okay. What happened on that date? MR. MAZZONE: On that date I was called into Mr. Bolgar's office to discuss the background of the case that was just presented to the board, given the information of the history of what had taken place, and asked to look into the further enforcement of -- of the -- our ordinances that would be guiding Mr. Steinberg into obtaining the proper revised site improvement plan or site development plan that would be required for the new permit that he was to obtain for his paving. MR. MANALICH: Did you personally investigate the underlying facts of this case? MR. MAZZONE: I did. MR. MANALICH: Okay. And what did you find after being assigned the case as far as whether there were any violations, and what were they? MR. MAZZONE: It appeared as though there was some early confusion over which permit would be acceptable for the type of work that was being performed. We had -- We came to the conclusion that it Swould take more than an express permit and that Mr. Steinberg would have to be made aware of the fact that formal architectural drawings Page 19 1 6G November 25, 1996 Band engineered plans would have to be presented to Collier County's planning department along with the proper permit to continue with the project. MR. MANALICH: Okay. And why was a so- called express permit inadequate under these facts? MR. MAZZONE: Because the type of work, the size of the project in itself, and the resurfacing of such an area could have changed the -- the flow -- the flow of the water and had -- could have adversely impact neighboring properties. With the -- with commercial property as Mr. Steinberg has at this location, if repaving takes place, along with the repaving, there's a required restriping in making sure handicapped spaces are adequate and -- and put back into place, that landscape is up to code, and we wanted to make sure that everything was taken care of as it would have been required for this -- the scope of this pr -oject. MR. MANALICH: Okay. On or about August 9, then shortly after being assigned to the case, did you have a meeting at which Mr. Steinberg was present? MR. MAZZONE: That's correct. MR. MANALICH: Okay. And did you explain to him the requirement for a site improvement plan? MR. NiMbNE: I -- I more or less left the expertise of explaining that up to Mr. Wayne Arnold who was also in attendance at that meeting. I -- MR. MANALICH: Were you present? MR. MAZZONE: Yes, I was. Yes. MR. MANALICH: Did Mr. Arnold explain the site _ im_proyement plan to Mr. Steinberg? MR. MAZZONE: Yes. Mr. Tom Kuck and Mr. Arnold were present, I believe. I -- I'm positive Mr. Arnold was. I'm almost sure Mr. Kuck was present also. And the parties that were present went over the additional information that was required by Mr. Steinberg and what he had to resubmit to Collier County as an amended site improvement plan. MR. MANALICH: Okay. Did Mr. Steinberg agree to do that? MR. MAZZONE: Yes, he did. MR. MANALICH: On page 23 of your packet, there's a letter from Attorney Anthony Pires requesting an extension of the compliance date in this case. Do you know if the county granted Mr. Pires' request? MR. MAZZONE: Yes, we did. MR. MANALICH: Okay. Compliance time was duly extended then? MR. MAZZONE: Yes. We were working very well, actually, with Mr. Steinberg and his attorney. He -- They were coming in and asking the right questions and we were -- we were trying to get this so that we would get the information submitted in a timely way. Mk. 41ANALICH: Okay. On page 21 of your composite ®exhibit, there's a letter from Better Roads. Does this letter in and of itself satisfy any of the requirements for a site improvement plan? Page 20 16G November 25, 1996 MR. MAZZONE: To my knowledge, it -- it does not. MR. MANALICH: Why is that? MR. MAZZONE: I believe what the county was looking for was a -- a letter under the seal of an engineered -- an engineer's letter sealed that would be more official for this type of work. MR. MANALICH: On September 11 did you have another meeting with the respondent? MR. MAZZONE: Yes, we did. MR. MANALICH: And what was discussed there? MR. MAZZONE: One moment, please. MR. MANALICH: Just briefly in summary. MR. MAZZONE: The very -- the very same conversations as to what was required in addition to what he had already submitted on s there were -- there were some additional his plan. I gues information that the planning department needed. MR. MANALICH: Now, you had those discussions, yet on page 17 of the composite exhibit there's a notice of violation signed by you dated October 2. Why did you find it necessary to issue that notice? MR. MAZZONE: Because we wanted to make sure that what we werq,recUjpsting was submitted back to Collier County in a timely manner. MR. MANALICH: It had not been submitted as of that date? MR. MAZZONE: That's correct. MR. MANALICH: Okay. Then on page 9 of the composite exhibit, there's another notice of violation dated October 29. Why did you issue that one? - MR. MAZZONE: Again, I had been checking periodically with the planning department hoping that we can clear this up in a timely manner and receiving information back from Mr. Arnold and /or Mr. Kuck saying that we didn't have quite everything in our packet that we were looking for. We didn't have the revisions as we had requested, and it was important that we did have all those in a timely manner. And also this notice was to -- Right after I wrote this notice I had contacted Mr. Steinberg's attorney, and I tried to contact Mr. Steinberg. I believe he was out of town at that point. But we wanted to let them know that we would be presenting this case to the Code Enforcement Board; therefore, we wanted to put -- lock them into a date. MR. MANALICH: Did you also reinspect the property on November 6? MR. MAZZONE: I did not, no. MR. MANALICH: Okay. Have you had any recent inspections? MR. MAZZONE: No. The -- the -- the -- I have not been inspecting the property personally. I have been comparing notes with Mr. Arnold and Mr. Kuck and the internal staff. MR. MANALICH: Based on those communications, has ® compliance been achieved at the site improvement plan requirements? MR. MAZZONE: No, sir. Not to date. Page 21 �6G November 25, 1996 0 MR. MANALICH: Okay. Page 41 and forty -- oh, excuse me. Beyond page 40 and what actually could be numbered 41 and 42, there's two pages. There's a warranty deed. As far as your investigation of being able to tell, this is the warranty deed whereby Mr. Steinberg is the owner of the property where the paving was done; is that correct? MR. MAZZONE: Mx. Steinberg and his wife. That's correct. MR. MANALICH: Okay. Thank you. You've cited in your -- on page 9 of the composite exhibit the sections of the Collier County codes that have been violated. Basically could you tell me, please, why you cited in -- in summary form these particular sections? And you have -- What is the essence of the violation, then, in other words? MR. MAZZONE: The essence of the violation is that in the sections referred to the control that Mr. Steinberg does have of the property, he and his wife, and that with them having knowledge that there is a violation in that we -- we do need compliance by a reasonable period of time. He still -- or the parties involved still have not really come into complete compliance with Collier County, although we know we're -- they're working in that direction. But they had to 'ei'tYTeY' submit the revised site improvement plan as required and live up to the letter of the -- the permit of what was allowed for them to do out there or remove the improvements. MR. MANALICH: Staff B. (Staff Exhibit B was marked for identification.) MR. MANALICH: Mr. Mazzone, I'm showing you what has been marked as Staff Exhibit B. I'm showing it to Mr. Steinberg who has acknowledged that he has previously had an opportunity to see this. Could you please describe what that document is. MR. MAZZONE: Excuse me. This document consists of comments from the various interior building planning officials within our building on Horseshoe Drive. MR. MANA.LICH: And specifically what individuals? MR. MAZZONE: That would be Nancy Siemion. I -- and they may be pronouncing her wrong -- her name incorrectly. It's S- i- e- m- i -o -n. MR. MANALICH: Okay. And who is she? MR. MAZZONE: She's a planner who would look into landscape and I -- I believe irrigation. MR. MANALICH: Okay. And does she have a series of comments regarding what is lacking on this site as far as landscaping? MR. MAZZONE: Yes, she does. MR. MANALICH: Okay. Who else is in that document? MR. MAZZONE: Bryan Milk is also a planner with Collier -- He works with current planning with Collier County. He also has comments. MR. MANALICH: Regarding what? MR. MAZZONE: Regarding -- I can -- I can quote if you ® wish. - MR. MANP,LICH: Just in summary what - Page 22 16G November 25, 1996 MR. MAZZONE: .Okay. MR. MANALICH: -- is his subject matter? MR. MAZZONE: The screening on the three sides of a dumpster and -- and -- and such matters as that. MR. MANALICH: On the cover sheet of that document, does Mr. Kuck comment regarding some fees that have not been paid? MR. MAZZONE: To go -- Excuse me. To go back to Mr. Milk, he also goes into additional parking spaces that -are required and which is probably as important, of course, as the screening. MR. MANALICH: Is there some fees that have been,not paid? MR. MAZZONE: Yes, there are. There's an application fee. The normal application fee is $215. Mr. Steinberg had paid only $85 of that, leaving a balance of $130 due. MR. MANALICH: What about copies of sets of drawings? MR. MAZZONE: There were only three unsigned, unsealed drawings submitted by Mr. Steinberg, and our requirements are seven sets signed and sealed. MR. MANALICH: Okay. Any other individual that has commented on those documents? MFG: MgZZONE: Mr. Kuck had made a couple of comments. Note that no retention areas were provided -- excuse me -- since no new improvement (sic) areas were being created, the site was ®grandfathered, vested on the issue but required to provide handicap spaces in compliance with the LDC. MR. MANALICH: Based on everything we've talked about here this morning and everything that you have reviewed in your inve'st'igation, is it your opinion that this property and this respondent are or are not in compliance? MR. MAZZONE: It's my opinion that they are not in compliance. MR. MANALICH: Okay. No further questions. MR. LAFORET: I have a question for the witness. Mr. Mazzone, on page 37, the map of the -- the layout of the property, the middle of the page on the right -hand side is Estey Street and Airport Road. Now, there's two blocks there that are marked off with some symbol. I'm assuming it's a P which would be parking, and I'm assuming that this area was being repaved. Was it? MR. MAZZONE: Yes, sir. Bear with me one moment. MR. LAFORET: Sure. MR. MAZZONE: Just to assist I brought a little sketch of the -- the -- One parcel has been divided into three different sites. MR. LAFORET: I saw that. MR. MAZZONE: Oh, you've seen this? MR. LAFORET: I see it here. MR. MAZZONE: Oh, okay. Great. It's on there. tgt. LAFORET: My question was that the first two sites vrere labeled with a P. MR. MAZZONE: Right. Page 23 November 25, 1996 16 G 4) MR. LAFORET: Were they initially paved? Is this a repaving job on top of that, or were they initially paved? MR. MAZZONE: It's my understanding that there's been a repaving job. MR. LAFORET: On that part? MR. MAZZONE: Yes, sir. MR. LAFORET: Not the rest of that part -- MR. MAZZONE: Sir -- MS. DEIFIK: On both sections? MR. MAZZONE: I could be incorrect. As I remember, it was not paved, having driven on it. MR. LAFORET: That's -- The bottom part was not paved? MR. MAZZONE: I don't recall, sir. MR. LAFORET: I refer you to page 21 on Better Roads' letter. MR. MAZZONE: Yes. MR. LAFORET: It's says, "Concerning the" -- If I ask you a question that's beyond your scope, you holler. MR. MAZZONE: I will. MR. LAFORET: "Concerning the paving of three sites referenced above, the previously existing water flow and drainage was not alter &cT'in accordance with the property owner's instructions. Also,- the surface or subsurface area prior to paving was impervious, consisting of limerock, poured concrete, asphalt, and-.concrete washout." Deducing from that letter, correctly or incorrectly, then this map would show the bottom third section as not being paved previously. MR. MAZZONE: That's correct. - - MR. LAFORET: That's correct? MR. MAZZONE: Yes. MR. LAFORET: All right, sir. Now, limerock,•poured concrete, and asphalt, then it was paved previously. MR. MAZZONE: I believe that would be the -- the two -- two parcels are -- that are on the northern -- the -- the -- the most northern end on Estey Avenue and the center parcel. MR. LAFORET: All right. I'll get -- get directly to my point then. My point is, a hard surface, asphalt or concrete, has been theoretically installed, proper drainage, and proper runoff into it collection system following the storm water collection system. Now, any additional area that was not hard - surfaced, if you paved that surface, you're increasing the runoff. Now, do you understand what I'm saying? MR. MAZZONE: Oh, yes, sir. MR. LAFORET: Now, in my experience on the design jobs I did, we had to produce to the planning commission a study of the area, the amount of rainfall on this area that we were hard - surfacing plus the impact on the storm drainage system. In some cases the storm drains had to be increased in size. Did any such calculations exist on the application here to pave the unpaved area? MR. MAZZONE: No, sir. As I had stated before, the - • the letter from Better Roads was not sufficient because of the very Page 24 • November 25, 1996 I6G blame issue you just -- you just raised that we would have it -- had to have engineered -- sealed engineered drawings to show that there wasn't going to be any adverse runoff effect on the neighboring properties because of this resurfering (phonetic) -- resurfacing. MR. LAFORET: All right. Then in addition -- you're saying in addition to the complaint of the prior witness who said his complaint on the subject was that they were paving the wrong lot, and you say not only were they paving the wrong lot but there's no calculations that the additional runoff -- I'm not trying to put words in your mouth. I'm trying to -- MR. MAZZOAiE: If -- if I may -- MR. LAFORET: -- say bluntly what I understand from your testimony. MR. MAZZONE: If -- if I could -- MR. LAFORET: There were no calculations on the plan for additional runoff. MR. MAZZONE: If I can try to clarify it, there were a couple of permits pulled by Mr. Steinberg. As -- As he was progressing, he started on the -- the most northern site -- there's A, B, and C sites, and was progressing, I believe, in a southerly direction from what I'm understanding, and he was pulling his permits as he '17h6•rhought to be adequate for -- for the work being done. At a point Mr. Steinberg was made aware of the fact that he had to pull a different kind of permit than an express permit. That simply wasn't sufficient due to the fact that we needed -- as important and prior to the permit being pulled, we needed the site improvement plan, the -- the -- an -- an updated plan showing that nothing would be adversely affected. MR. LAFORET: Thank you, sir. MR. MAZZONE: You're welcome. CHAIRPERSON RAWSON: Mr. Steinberg, I'm -- I'm going to give you an opportunity to ask some questions of Mr. Mazzone. The exhibit that you had marked for identification as B, did you want that admitted? MR. MANALICH: Not at this time. CHAIRPERSON RAWSON: Okay. MR. MCCORMICR: Let me -- If I may, may I ask a question about that exhibit? Mr. Mazzone, were those letters from the other county staff members -- were those related to the -- the dates which you published the notice of violations on October 2 and October 29? In other words, did your notice of violations coincide with those comments? Were they related at all? MR. MAZZONE: No, sir. These letter -- These comments came as recently as last week. We've been asking for the -- for the submittal of the*-- the revised plan, and Mr. Steinberg had submitted his revisals, but these were comments on the submission of the revisal -- the revised plan. MR. MCCORMICR: Okay. MR. MAZZONE: This is something in addition to what 0 they're asking currently that he needs to do. Page 25 November 25, 1996 16 G eMR. MCCORMICK: Okay. MR. MANALICH: Madam Chairman, may I ask a follow -up question to that? CHAIRPERSON RAWSON: Certainly. MR. MANALICH: Mr. Mazzone, under 3.3.9 which is located at page 15 of the composite exhibit, a citation of our Land Development Code, is it not the requirement of the code that there be an approved -- and I emphasize "approved" -- site plan prior to a building permit being issued? MR. MAZZONE: That's correct. MR. MANALICH: Would these comments that we've just referred to in those documents not all relate to what is necessary for approval? MR. MAZZONE: That's correct. MR. MANALICH: Thank you. CHAIRPERSON RAWSON: Mr. Steinberg, you want to ask some questions of Mr. Mazzone based on his testimony here today? MR. STEINBERG: Yes. Of course. CHAIRPERSON RAWSON: Yes. MR. STEINBERG: You and I have covered so much territory, I don't know if I can remember what questions to ask and -- but we ' I 1 try: Going back to the first meeting that we had because that was the first one that you were with when we met with-Mr. Tony Pires and Bill Bolgar, Wayne Arnold, and yourself. That's who was - attended that meeting. At that time they had found a site plan that had been approved at a prior date but indicated that being that it was resurfacing the area, that they needed to have an amended site plan. - Is -tha-t close to what Mr. Wayne Arnold had expressed? MR. MAZZONE: I'm not sure who discovered the site plan, but a site plan was presented and it -- Yes. Indeed. MR. STEINBERG: We found one. There was some question because the permits had been issued and the paving was done whether there was a required amended site plan or not and this discussion -- and this is one of the reasons that we had our attorney there, because I wasn't sure what -- the legal aspects of it, whether we needed one or not -- that Mr. Arnold said that we're not looking for that much. We need an amended site plan, just -- if we do an amended site plan, because there was one location that did not have landscaping in front of it. And he said if we could get three trees in front of that and some landscaping, that's what we're looking for. Is that not what was expressed to -- at the meeting? YR. MAZZONE: I don't recall the exact conversation, but I do recall Mr. Arnold making some changes on the plan physically, I believe, and discussing with -- with you what was required. MR. STEINBERG: Correct. At that point did I not say rather than argue whether we needed an amended site plan or not, if this is what we're looking at doing, that we wanted the landscaping in front of there also, we'll go ahead and submit an amended site plan and proceed with it? Page 26 1 bG November 25, 1996 MR. MAZZONE: Yes. I recall that. MR.- STEINBERG: Okay. Is that not the only issue that we really dealt with on that first meeting? MR. MAZZONE: In all honesty, I -- I do believe we -- we talked about a handicap parking space that was required that had to be relocated and some striping. MR. STEINBERG: Was that not at the September -- I don't have it in front of me, but it was the next meeting we-had-when we met in the conference room at that time after we brought a site plan in and that there was a high line pole sitting in a particular place and we wanted to be able to -- MR. MAZZONE: That's correct. MR. STEINBERG: -- move the handicap space? MR. MAZZONE: That's correct. And also the discussion of the -- a sealed letter from an engineer. MR. STEINBERG: Correct. Okay. But there was a site plan that was already submitted at that second meeting, and I'm -- I'm just referring to the first meeting. MR. MAZZONE: That's correct. MR. STEINBERG: Was there any written instructions given to me as '�o'what was required on that site plan after our first meeting? MR. MAZZONE: I didn't provide you with written ®instruction. MR. STEINBERG: Okay. MR. MAZZONE: But I -- I can't answer for any -- anybody else. Excuse me. If I may add, in our notice of violation that we had provided, we did ask that -- that you submit the revised plan as requested, referring to the meeting as we had requested and -- MR. STEINBERG: Correct, but no written request -- no written -- You had nothing in your documentation that says what was really requested other than the landscaping we had talked about? MR. MAZZONE: I didn't have a copy of the revised plan. No, I didn't. MR. STEINBERG: Well, the question was, did you have a copy of any instructions to me? MR. MAZZONE: No, I did not. of? MR. STEINBERG: Is there one that existed that you know MR. MAZZONE: Not to my -- I don't know. Not to my knowledge. MR. STEINBERG: At the meeting that we had, the next meeting which we had already submitted a site plan but we wanted to get together to see if there was any changes that were needed on it -- and this vas the one that took place in the conference room with Mr. Wayne Arnold, yourself, myself, my son David, and yourself -- I ®said that. I believe that's who was in attendance there. At that time several things were brought out. They had asked that for the Page 27 November 25, 1996 16 U 0raffic pattern that the arrows be installed; was that correct? Mr. Wayne Arnold asked for that? MR. MAZZONE: Yes, sir. MR. STEINBERG: That's a meeting that was discussed on the handicap parking space because in order to get it closer, that I expressed I met with Florida Power & Light to see if we could do something with the pole that was sitting on the property that would place the handicap closer to the building parking spot, and that was our desire to be able to do that and that I had had two meetings with Florida Power & Light concerning that? MR. MAZZONE: I recall the conversation, but I'm not sure if it was established that you actually had to move that pole or -- or not, but I knew that there was conversation about having to move the handicap space and identifying each -- each lot separately and calling out what -- what-kind of business was on those lots. MR. STEINBERG: Correct. MR. MAZZONE: Yeah. MR. STEINBERG: It was not a request by Mr. Wayne Arnold that I move it to that location, but it was my request to him that there was a time frame when Florida Power & Light could move that pole, that I would like to be able to put it there, and he said, "We ^n1'7ork with you on that, designate on there that it's projected," or whatever. MR. MAZZONE: That -- that would be -- I can't speak for Arnold. 1� MR. STEINBERG: Okay. MR. MAZZONE: I really, don't know. MR. STEINBERG: All right. MAZZONE: I can't recall. MR. STEINBERG: Also, at the 8 -27 meeting, there was a discussion about this property being impervious and that it was resurfaced because it consisted of several types of limerock, concrete, asphalt, and gravel that was over the limerock and that -- was asked to get a letter from Better Roads stating what was there and what they had done. MR. MAZZONE: It was my understanding that there was a letter that was required by an engineer to be sealed, somebody that had an engineer's degree or had the ability to state that we did not adversely affect that water flow. MR. STEINBERG: At this meeting -- think about this meeting, that there -- was there a request that a letter be from an engineer, or was it a request that we have a letter from Better Roads? MR. MAZZONE: I believe it was Better Roads, that I was _thinking it was in the vein of somebody that had -- who was an engineer from Better Roads. This is my understanding. MR. STEINBERG: Okay. There was a letter later on -- MR. MAZZONE: There was. MR. STEINBERG: -- at another meeting that -- that after the letter was presented from Better Roads that they said they would like to have additional information. Was that not the meeting that the other letter was asked for? Page 28 November 25, 1996 41 MR. MAZZONE: I think you're correct. I -- I -- I'm not positive. MR. STEINBERG: Excuse me if I may. The question, that in working with this, have I stayed in contact with you consistently on -- MR. MAZZONE: Yes, you have. MR. STEINBERG: Okay. MR. MAZZONE: And I have stayed in contact with you. MR. STEINBERG: Correct, and that which I appreciate. You had given me a call several times indicating that you were going to send out a notice. Also, when you sent out the notice, did you not -- On -- The plans show a revision for October 2. On or about that time -- MR. LAFORET: Excuse me, sir. plan that you're reading from? MR. STEINBERG: The -- It's a submitted to the -- to the county. MR. LAFORET: There should be something. Could you identify that site plan that has been a date or a number or MR. STEINBERG: Yes. I'll identify it. It is the site developin -iHE plan -- revision of Site Development Plan No. 92 -110. 16G MR. LAFORET: Thank you. MR. STEINBERG: That we had submitted site plans which 41was on a Friday to the county for their approval. On approximately the � same time -- and I -- I believe it was the next Monday -- that you had called me and said that you were going to send out another notice for violation on that and I had told you to check with Mr. Wayne - Arnold, that we've already submitted the site plan, we believe we have everything on there that they wanted, did you check with Mr. Wayne Arnold? MR. MAZZONE: Yes, I did. YR. STEINBERG: Did you send out the notice? MR. MAZZONE: Yes, I did. I -- Mr. Arnold was not in his office that particular day, and my instructions were to send -- send the notice so that we could arrive at a meeting time with the board to -- to make sure that this matter gets resolved. MR. STEINBERG: Did Mr. Arnold discuss with you after we submitted them that he had gotten a letter from Mr. Tom Ruck at this time -- this is after October, and I believe these were submitted on October 7. They were revised on the 2nd, somewheres in that period that he had a letter from Mr. Tom Ruck and that he needed to discuss with me maybe some additional information was needed? MR. MAZZONE: I believe that was a conversation that I had with Mr. Arnold, yes. MR. STEINBERG: Do you know if I had a meeting with Mr. Tom Ruck concerning that? MR. MAZZONE: No, I don't. MS. DEIFIK: Mr. Steinberg. STEINBERG: Yes? MS. Igo MS. DEIFIR: The -- The plan that you're looking at, Page 29 November 25, 1996 16 G 182 -110, is it signed and sealed by an engineer? MR. STEINBERG: No, it is not, and we'll get into that at a later date with Mr. Tom -- Tom Kuck. After the meeting with Mr. Tom Kuck, there was one other revision that was made on the site plan which was November 13. Did I inform you of that revision and that the new site plans have been turned in with that? MR. MAZZONE: I cannot honestly say I remember you doing that, but I -- I have to say that you -- Whenever I spoke to you in any chronological order as the case was progressing, you did make every attempt to try to update me on what was submitted, and I tried to make an attempt to let you know or your attorney know that there was additional information needed as per Mr. Arnold's interpretation and to please contact him directly. I just -- I don't recall that exact discussion. MR. STEINBERG: After the landscaping plans had been submitted on October 2 or thereabouts when the change was made, did I receive any -- any notices or any -- anything to correct on the landscaping? MR. MAZZONE: You say after what date, sir? MR. STEINBERG: After October 2. MR: N=ZONE: The only notice I could refer to would be our notice of violation. MR. STEINBERG: And did not the notice of violation �tate to submit an approved site plan? MR. MAZZONE: That's correct. That would have to - - That would be including any landscape that would be needed in addition to what was there. STEINBERG: Right. It didn't specifically say what had to be done. It just said approved site plan. MR. MAZZONE: That's -- That's correct. MR. STEINBERG: Are you aware of what was submitted here that was faxed to us on November 21 or 22 last Thursday and Friday for changes on the site plan? MR. MAZZONE: Are you referring to the comments by the -- MR. STEINBERG: Yes. MR. MAZZONE: Yes, sir, I am. MR. STEINBERG: Have you ever seen any of these comments before? MR. MAZZONE: Before this day? MR. STEINBERG: Correct, or before last Thursday or Friday. MR. MAZZONE: No, sir, I did not. MR. STEINBERG: Okay. What time period do we have between October 7 and November 22? Approximately six, seven weeks? MR. MAZZONE: Correct. MR. STEINBERG: And, again, has there ever been any indication that I have not spent the best effort I could to cooperate? Mkt_ MAZZONE: With my -- my personal relationship with eyou in this matter you've been cooperative. Page 30 Novea ber 25, 1996 1 L G ® MR. STEINBERG: Even under circumstances I expressed to you that -- MR. MAZZONE: You did express you had a death in your family at one point and -- MR. STEINBERG: That there was three deaths? MR. MAZZONE: Yeah. Yes. Certainly I expressed back to you that we were willing to work with you as best I could. MR. MANALICH: No questions. CHAIRPERSON RAWSON: Thank you, Mr. Mazzone. MR. MAZZONE: Thank you. MR. MANALICH: Call Mr. Wayne Arnold. Mr. Mazzone, do you have Staff Exhibit B there with you? Swear the witness in, please. THEREUPON, WAYNE ARNOLD, a witness, having been first duly sworn, upon his oath, testified as follows: MR. MANALICH: Good morning. Would you state your name for the record. MR. ARNOLD: Wayne Arnold, planning services director, Collier County. MR:ICH: Mr. Arnold, in that capacity what are your duties? MR. ARNOLD: My responsibilities include the oversight f the site development plan review process, rezoning process, land Wdevelopment regulation in general. MR. MANALICH: Okay. And are you certified in the area of land planning and plan review? ARNOLD: Yes. I hold certification from the American Institute of Certified Planners. MR. MANALICH: Okay. Mr. Steinberg, do you have any objection to qualifying Mr. Arnold as an -- as an expert on land planning and plan review? MR. STEINBERG: No, I do not. MR. MANALICH: Thank you. Madam Chairman, we'd so move. CHAIRPERSON RAWSON: You'll be certified as an expert. MR. MANALICH: Mr. Arnold, you've had the benefit of listening to testimony this morning regarding this entire case. Have you had a series of meetings with the parties regarding the lack of submission of an adequate approved site improvement plan for this case? MR. ARNOLD: Yes, we have. MR. MANALICH: And how many meetings would you say .you've attended? MR. ARNOLD: My best estimate is approximately five meetings with the Steinbergs and /or their legal representatives. MR. MANALICH: Did this begin in the summer of this year? Igt. ARNOLD: My best recollection is that it began sometime in July, if I'm not mistaken, and has been ongoing as -- as through last week. Page 31 16G November 25, 1996 • MR. MANALICH: Is Mr. Steinberg currently in compliance with the required site improvement plan requirement of the Land Development Code? MR. ARNOLD: No, he is not. MR. MANALICH: And why isn't he? MR. ARNOLD: As was entered into the record, your Exhibit B, which was our staff comments relative to the revised site development plan filed for Mr. Steinberg's property, we had several comments relative to his submission that were deficient. CHAIRPERSON RAWSON: I think that that was not admitted into evidence. MR. MANALICH: Yeah. At this time, Mr. Arnold, would you please describe what is -- what is that document and what it -- MR. ARNOLD: Okay. MR. MANALICH: -- conveys. MR. ARNOLD: I'm looking at a document that's marked Staff B Exhibit, and it's dated 11- 21 -96. This was our comment form that was faxed to the applicant relative to comments that staff had on their revised site development plan submittal, and I guess I would just like to point out for the record that the site development plan that was not submitted to Collier County formally until November the 14th, 19 §6 7- -There were several meetings that had been held between Mr. Steinberg and his representative, at which time he presented plans to us. And, in fact, I did walk into my office one day to find a set legal rolled plans on my chair. I immediately called Mr. Steinberg's legal representative, Tony Pires, indicating that we did not have a formal submittal, and the -- the plans left on my chair did not constitute a submittal. There was no application fee included, no - apprication form, no engineered surveyed plans, etc. Mr. Pires indicated that he would inform his client of such and that we would proceed from there. MR. MANALICH: Now, the people that report in that document as to the inadequacies of the site plan, are these people that are under your supervision? MR. ARNOLD: Yes, they are. MR. MANALICH: And who are those individuals specifically? MR. ARNOLD: Specifically we had our landscape architect, Nancy Siemion, review this; Tom Ruck who is the county engineer; Bryan Milk who's a principal planner in our site development review section. MR. MANALICH: And are you responsible for reviewing and supervising their determinations in these types of cases? MR. ARNOLD: Yes, I am. MR. MANALICH: Now, just briefly, could you tell us what each of your employees found to be lacking with the site plan as it stands? MR. ARNOLD: Generally our -- I'll start with our landscape architect, Nancy Siemion. Her comments were, in my opinion, relatively straightforward. We had mentioned throughout to Mr. Steinberg that one of the things we would be looking for was an Page 32 November 25, 1996 1 6 G Wnhanced landscape buffer requirement, especially along Airport Road. Miss Siemion as part of her job responsibilities made a site visit to the site and informed me that there were several trees that had been damaged through improper pruning that would also need to be replaced. She also indicated that there was no buffer along the -- CHAIRPERSON RAWSON: Mr. Arnold, could I stop you just for a minute? MR. ARNOLD: Yes, ma'am. CHAIRPERSON RAWSON: Just to protect the record because Mr. Pires is not here and because what Mr. Arnold is doing is obviously testifying about hearsay evidence, just so that we protect everybody's rights, are you going to introduce that into evidence and find an exception to the hearsay rule for me? MR. MANALICH: Well, first of all, I haven't heard any objection to that being introduced. CHAIRPERSON RAWSON: Well, I know, but Mr. Pires is not here to help Mr. Steinberg. MR. MANALICH: Well, he was here. He apparently may have chosen not to have him participate. CHAIRPERSON RAWSON: Well, perhaps he's reading from a business record. MFG. IOWA-LICH: Well, that's true too. I mean, I was trying to lay the foundation for that with the earlier questions, but in light of the absence of an objection, I thought that that would be 'sufficient but -- CHAIRPERSON RAWSON: Well, I would be -- be more comfortable since Mr. Pires has had to leave the room if you introduced this into evidence, and then he can testify from it. MANALICH: Okay. Mr. Ar -- Well, let me at this time then move into evidence Staff Exhibit B consisting of the reports from the employees of Mr. -- Or under the supervision of Mr. Arnold that have just been described. (Staff Exhibit B was offered into evidence.) MR. MANALICH: And in response to your question, I would state that the basis for admission is, number one, that there has been no objection to its admission; number two, that I think I laid a foundation that this is kept as part of their business records by people that report to and over matters of which Mr. Arnold has final authority and review and that he is personally informed by reviewing these documents as well as -- Mr. Arnold, have you also spoken to these individuals about their findings? MR. ARNOLD: Yes, I have. MS. DEIFIR: It would still be -- CHAIRPERSON RAWSON: Mr. Steinberg, they are moving to introduce into evidence for probably our -- we could probably see this, members of the board, and he could certainly testify about it, a document -- Have you seen this document with all the comments from the staff? MR. STEINBERG: The one that was faxed to us last " Friday? Page 33 November 25, 199616 G ®� CHAIRPERSON RAWSON: I'm not sure. MR. MANALICH: If you could, Mr. Arnold, could you show him that document, please. MS. DEIFIR: Mr. Manalich, what did you mean by, number two, it's an admission? Are you trying to say it's an admission against him? MR. MANALICH: No. No. I -- I -- I said I'm also admitting it or asking -- CHAIRPERSON RAWSON: Are you saying that -- MR. STEINBERG: Yes. Those are the ones - MR. MANALICH: -- asking for it to be admitted as a business record excep -- exception to the hearsay rule. CHAIRPERSON RAWSON: Okay. MR. STEINBERG.- Yes. Those were the ones that were faxed to us last Friday, and_I have seen them. That's the earliest I had seen them, and I have met with staff on them. CHAIRPERSON RAWSON: Okay. Do you have any objection to the board hearing evidence about that or seeing that particular record? MR. STEINBERG: Yes, I do, because I'm not -- I'm not sure that Mr. Arnold has been brought up to date with the conversation I had wit'21-p-trople that made those comments. CHAIRPERSON RAWSON: Well, we're going to give you the opportunity to tell us about subsequent comments and conversations you had with those people. But in terms of just the comments that are on What piece of paper and that piece of paper itself, do you have any objection to the board seeing it? MR. STEINBERG: No, I do not. "'-CHAIRPERSON RAWSON: Okay. In that case we'll have it admitted as the County's Exhibit 2 or B. MR. MANALICH: B. CHAIRPERSON RAWSON: B. (Staff Exhibit B was admitted into evidence.) CHAIRPERSON RAWSON: Now, I feel more comfortable. Why don't you carry on, Mr. Arnold. MR. MANALICH: Mr. Arnold, just to -- to supplement, are these types of reports that we're discussing in that document routinely prepared in your organization for matters of plan review that you are ultimately responsible for? MR. ARNOLD: Yes, they are. MR. MANALICH: And are they prepared at your direction, and do you also personally inquire into the contents of those reports? MR. ARNOLD: Yes, I do. MR. MANALICH: Okay. Thank you. Briefly tell us what is lacking under the site plan based on both your knowledge and what is contained in that document. MR. ARNOLD: I guess I would summarize overall that very little is -- is lacking to bring the site into compliance with our site development plan regulations. And in handling this as an amendment, we have a little bit more discretion in the time frame in Which we can review this and some of the information that we need to Page 34 November 25, 1996 1 6 G eee which I think goes to assist Mr. Steinberg in helping to make this a little bit easier. But I guess I would also say that until we saw the formal site plan submittal in which Mr. Steinberg made his best attempt to address all the comments that we have provided to him in our various -- I would call them preapplication -type meetings that we normally have with individuals, this was our opportunity for all of our staff that reviews it as a team to make their comments. And I guess relative to landscaping, the -- the two issues that I would think were the most critical that -- that might have been of some surprise to Mr. Steinberg but our landscape architect hadn't had the benefit of numerous prior meetings was that there was no landscape buffer along the Estey Avenue road frontage of this project nor was there a landscape buffer along the southern perimeter of the project. Additionally, the landscape architect pointed out that several trees had been damaged or were dying from improper pruning that needed to be replaced. MR. MANALICH: Mr. Arnold, before you continue, on page 12 of the composite exhibit, do you see the text of one of the cited code sections, 2.4.5? MR. ARNOLD: Yes, sir. Mil: 1vIANALICH: Is this the code section that covers the landscape deficiencies? MR. ARNOLD: Yes, it is. And that essentially says that Khere we have an existing site where we've had additional site avement work that's being done, that you shall bring the landscaping on that site up to the code requirements to your greatest extent possible. MANALICH: Okay. Thank you. You were continuing to talk about the other areas of deficiency? MR. ARNOLD: Yeah. Let me move on to the issue relative to the -- what appeared to be the most critical issue as -- as we first found out about this notice of violation, and that was whether or not the additional pavement surfacing over this almost 3 acres created any water management issue for not only the property owner but to the county or any surrounding property owners. Mr. Steinberg's submittal as of about a week and a half ago did address this. It had an engineered letter -- engineered sealed letter that indicated subsurface materials that were in effect. At the time it had some drainage arrows completed on the plan which addressed the drainage flow on the site. The county's engineer has reviewed this and indicates that no additional impervious areas were created from the paving of the property and that the impervious areas that remained were sufficient and located sufficiently to handle any runoff that occurred from this project, which I think is'significant. That -- that and -- and the essence of the county's position was one of the major problems with the -- the pavement prior to looking at the site plan. I guess I would go on to Mr. Milk's comments. He 40 indicated several minor things, in my opinion, such as screening of Page 35 November 25, 1996 1 6 G 0 h dumpster, which is required in all cases. He looked for an additional parking space for Site A and B. There were additional comments about a loading space, which there is no size requirement, which means he can essentially use an extra parking space for that. There was also requirements from planning indicating that he needed to indicate the proposed and existing land uses on each tract of land, which is nothing more than a notation on the plan, and needed to clearly indicate where his auto display or boat display areas would be. That's really the substance of all the comments that staff had. And it may be a number of them, but I -- I can assure you they're all relatively minor in terms of what needs to be done to correct the planning and get it in full compliance. MR. MANALICH: To finish on the cited code section, if you look on page 11 of the composite exhibit, one of the cited sections is 1.9.2. How does.that tie into this case, briefly? Is that due to the lack of the formal accepted submission of a site plan? MR. ARNOLD: Yes. I think this just indicates that prior to completing the work with the building permit,*you would have had to complete the site improvement plan or site development plan. MR. MANALICH: Okay. And also on page 14, 3.3.7 has been cited by code staff. Is that, again, due to the nature of the substaritial-wOrk done there that a site plan is required? MR. ARNOLD: Yes, and the fact that Mr. Steinberg previously had a site development plan that was submitted and approved for the central of the three lots. We felt that it was an easier a�rocess and procedurally easier to follow if we brought all three lots into one site plan as an amended site plan from his 192 original submission. 'MR. MANALICH: Mr. Mazzone cited 3.3.5 at page 13 of the composite exhibit of the code section. How does that relate to this case? MR. ARNOLD: These are merely the site development plan review procedural aspects and what we're looking for as part of that process. MR. MANALICH: And has yet to be accomplished? MR. ARNOLD: Correct. MR. MANALICH: Okay. And last and most importantly, page 15, 3.3.9, the last section cited by Mr. Mazzone, does that not require an approved site plan prior to a building permit issuing? MR. ARNOLD: Yes, it does. MR. MANALICH: Okay. Lastly, Mr. Arnold, obviously you've described, and other witnesses have described, that there has been ongoing dialogue here between the parties. If this board were to find a violation and offer a period of time for compliance, what would you say would be a workable time frame in order to require submission and approval of site plans and, secondly, for -- Go ahead with that first. MR. ARNOLD: I guess given the -- the holiday week that we have here, I would say it would be maybe not reasonable to expect that Mr. Steinberg could ask his architect or -- or plan person to prepare a new submittal, but I would think certainly within two weeks Page 36 November 25, 1996 16 G Ot would be easy enough for Mr. Steinberg to bring forward a -- an amended plan to reflect the comments that staff had. MR. MANALICH: Okay. And also then obviously the work, whatever 'reflected on the plans, has to actually be done on the site. How long would you say reasonably would be required for that to be done once the plan is approved? MR. ARNOLD: Again, on that point I'm not sure what the -- the time frame might be for getting someone out there to install landscaping or the availability of it, but generally something of this nature which it's going to come down to landscaping installation and some minor screening around the garbage dumpster and maybe some pavement markings, that seemingly could be'completed within a couple of weeks as well I would think. MR. MANALICH: All right. Thank you. No other questions. CHAIRPERSON RAWSON: Mr. Steinberg. MR. MCCORMICK: I've got a couple of questions. CHAIRPERSON RZAWSON: Oh, I'm sorry. MR. MCCORMICK: Is it better to wait until after? CHAIRPERSON RAWSON: It -- It doesn't make any difference what -- MR "'MC•CQRMICK: Okay. I'll go ahead and ask them. CHAIRPERSON RAWSON: You go ahead and ask him, why don't you, while it's on your mind. MR. MCCORMICK: Mr. Arnold, is it your department's *policy to ever review application submittal that's -- that's incomplete that didn't have sealed plans or an application fee? MR. ARNOLD: Generally not. I think in this particular case We were certainly willing to work with the applicant. Mr. Steinberg and his son were trying to do a lot of, you know, the leg work involved in putting all this information together, and I think with that we were -- all of the staff, including the code enforcement and planning staff, were -- were willing to sit down and try to describe it as best as we could what he was going to need to do to bring this together. MR. MCCORMICK: Have you yet received the application fee, the completed application -- MR. ARNOLD: We have not received the balance of the application fee, and I'm not sure exactly what happened there. It could have been an error on -- on my part in communicating with either. Mr. Pires or Mr. Steinberg, depending on what process we eventually were going to undertake here. But the site development plan amendment process costs $215. That is our application fee. Mr. Steinberg paid an $85 fee which is the fee for an insubstantial change to a site development plan. So there's an outstanding balance of $130. MR. MCCORMICK: The Site Development Plan 92 -110, I believe, was -- you determined that that was still valid, and that's why you only needed an amendment, and that really was to Mr. Steinberg's benefit to go through that process? MR. ARNOLD: That was certainly easier from our perspective than to go back out and create a new site development plan Page 37 November 25, 1996 16 G *or the two other parcels rather than just amending an existing plan. MR. MCCORMIM If this property wasn't under a violation and an application came to you for a revised site development plan, would the reviewers, your engineers, your planners, landscape architects -- would they have reviewed it in the same way that they have and provided those same comments? MR. ARNOLD: Yes, they would. MR. MCCORMICK: In your opinion, if there wasn't a violation on this property and somebody submitted an application, it's not -- is this not one of the easiest site improvement plans to get approved? I mean, there's really very little that is required. MR. ARNOLD: We believe it is. It is a preexisting condition site which in some ways makes it a little more difficult in going in up front and identifying exactly what has to be completed, but from a procedural standpoint, it is one of the easier amendments to obtain. MR. MCCORMICK: I think you touched on this a little bit, but for -- for our benefit if you could again. In your opinion, why is it important for your staff to have the review time and to review a site improvement plan and to go through this process that we're currently engaged in versus just having something built and - - and signed oil on? MR. ARNOLD: Well, we would believe it important that -- For instance, on this particular site, it was partially improved, and prior to that there was some asphalt laid on one of the parcels, but e're looking at this as one unified site. We need to make sure the site functions. There are.interconnections between the parcels. There are various access points to county roads. We need to make sure - that-We don't have drainage impacts. We need to make sure that landscaping is.placed to code.requirements. We need to make sure that internal circulation on those sites can be adequate and safe for people visiting the site, the handicap accessibility as to code requirements as well. This is our opportunity to review the site for those. MR. MCCORMICK: The last question: Do you know what -- what -- Has the site been used since it was paved in July? Is it sitting vacant? Is it -- What's been the -- MR. ARNOLD: No. MR. MCCORMICK: -- the use of it? MR. ARNOLD: The parcels are -- are fully occupied, and -- and this action really had little, if any, I guess, negative impact to Mr. Steinberg's ability to rent the parcels. The sites were occupied in their former condition of having limerock, gravel, and -- and asphalt surfacing. This was, you know, probably an attempt in my -- my best estimate to upgrade the site to a degree, but there were other things that came with that desire to upgrade the site. MR. MCCORMICK: Thank you. MR. ALLEN: I have a question for Mr. Arnold. Mr. Steinberg said he submitted on October 2 or October -- or October the 7th. What happened between -- in that five -week gap? I think What's why we're all here. Someplace in the -- Page 38 November 25, 1996 1 6 Cj MR. ARNOLD: I guess -- MR. ALLEN: -- formal -- MR. ARNOLD: -- it's my opinion that submittal that Mr. Steinberg submitted to me were a set of rolled plans. They were not accompanied by an application, by an application fee, by a letter acknowledging that this was for the submittal of his plan. I was -- I think that was submitted possibly on a Friday. On the following Tuesday, I received a fax from Mr. Pires indicating that that submittal did constitute their revised site development plan. I called Mr. Pires and informed him that it did not, in fact, constitute a submittal of a site plan, that we had not received the signed and sealed plan or signed and sealed engineered report on that property. There was no application fee. There was no application. It did not constitute a submittal. And in that intervening period of time, we've had several more meetings with Mr. Steinberg and his son and -- and Mr. Pires trying to iron out the details of what we were, in fact, going to look at. But I had encouraged them throughout this period submit the -- the plan formally so that we can get it into the process and let all of our reviewers take a look at it and get you back comments-so ou can amend it once instead of every time we come in and meet so you_ion't get back to your auto -CAD technician and ask them to modify something else based on our meeting to give him the benefit of changing it once rather than several times. ® MR. ALLEN: Thank you. MR. MCCORMICK: One more follow -up question, Mr. Arnold. if the site development or.site improvement plan is approved, normally there's a time that the applicant is allowed before it expires that - they have to build the -- the site. In this case it's after the fact. Will the site improvement plan approved by the county stipulate a time period for construction? MR. ARNOLD: Well, generally a site development plan has a two -year lifespan before you must complete the improvements. In this particular case, because it's tied to a code enforcement violation, it's certainly something we could entertain. If we wanted to put a compliance date in there, it's totally an administrative process from our perspective. We typically wouldn't put a compliance date. But if that was something that this board were to ask staff to do, we could certainly comply with that order. MR. MCCORMICK: It's likely something that we would do here, but I'm asking what you would do. Okay. Thanks. MR. MANALICH: Madam Chairman, may I ask one additional direct examination question? CHAIRPERSON RAWSON: Certainly. MR. MANALICH: Thank you. Mr. Arnold, between pages 24 and 36 of the Composite Exhibit A of staff, we have three permits that were issued, and we've had testimony regarding them. In regard to those permits, were those permits issued in error based on the information submitted? MR. ARNOLD: I guess it would be my opinion that they were sub -- they were submitted in error in the fact that they weren't Page 39 November 25, 1996 16 G Occompanied either by the site development plan as a simultaneous submittal or that they didn't come after the site development plan had been approved. MR. MANALICH: So let's be clear then. The fact that these permits were issued does not eliminate the need for the proper site development plan required by the Land Development Code; right? MR. ARNOLD: That's correct. MR. MANALICH: Thank you. CHAIRPERSON RAWSON: Mr. Steinberg, you may ask questions now. MR. STEINBERG: The application fee that was submitted of $85, it is your understanding that that may have been a misunderstanding of what was relayed to Mr. Pires, my attorney, that related the amount to me? And as of last Friday, are you aware that I was in the county trying to find out what the correct application fee was? MR. ARNOLD: I spoke with Sherry Long, our plan review technician who processes our site development plans. She indicated that she had spoken with you relative to that fee. She did later ask me in the day if I had received that fee from you, but I had been at meetings and not had a chance to check my box or -- or her submittal, and as far` as I know to date, we do not have the balance due on that. MR. STEINBERG: Correct. For the record, 85 is all that's been submitted. But, again, was -- we tried to find -- You were out on a meeting last Friday, and we talked to -- I believe it as Norma and she had -- MR. ARNOLD: Norma Boone. Yes, I believe you spoke with _ her. MR. STEINBERG: Oh, okay. That is something to be resolved yet apparently. There is a larger fee, but there's a fee structure, and the wrong one may have been submitted. The landscaping that -- primarily that we were talking about, particularly in our first meeting that was in front of -- of Dollar that there is no landscaping there, and there is none, are you aware of why there is none? MR. ARNOLD: I believe you've brought to my attention -- and I know Mr. Ruck, who 'is currently the county engineer, was also the project manager for the Airport Road widening project. I think it's been relayed to me that your opinion is that the county removed the existing landscaping at the time the road would have been widened and -- and did not replace it and that that's been an outstanding issue between you and the county. MR. STEINBERG: And that was in the 12 -foot turning lane that was donated to the county, that that's where the landscaping was taken out of? Has there -- Has there ever been any objection on my part on going ahead with the site plan? MR. ARNOLD: No, sir. 14R. STEINBERG: The issues we are looking at that we ®received last Thursday or Friday, were they ever brought to my attention earlier other than the $85 for the -- the fee? Page 40 Q& 16G 14 November 25, 1996 40 MR. ARNOLD: I'm not aware. I know that we had previously discussed, for instance, the engineering report, that that would probably be sufficient. I know you had met personally with Tom Kuck in our office to discuss exactly what you needed to submit to satisfy our requirements. Some of the other landscaping issues, I think, had been discussed, but I think this was your first formal submittal to you for our review comments. MR. STEINBERG: What -- What outstanding issues -- and we made note of this after meeting with Mr. Tom Kuck and meeting with -- Norman Siemions, is it? MR. ARNOLD: Nancy Siemion, our landscape architect. MR. STEINBERG: Is it Siemions? Siemions? And she had a couple of questions. Has she been able to contact you? And I realize you was out Friday -- contact you anytime late Friday? MR. ARNOLD: We spoke briefly -- I can't recall if it was Wednesday or Thursday of last week relative to your site. She had indicated that she had made a site visit to the site, and because it was existing, she wanted to discuss with me whether or not we would be pursuing internal landscape islands, for instance, as something that would bring your site to the code -- code requirements to the greatest extent yQ,ssible. I indicated to her that those were used car lots and didn't normally require car dealerships, boat yards, etc., to provide internal landscaping islands, for instance, for their display areas and that she indicated she would rather, in lieu of seeing those Adhhanyway, see you supplement your perimeter landscaping, and I believe 4her comments reflected that discussion, and that would have been my last discussion with her. _ MR. STEINBERG: And of -- after that we received our fax, and when we met with her on the perimeter landscaping and the one area that we had discussed, did she bring to your attention that Collier County has approved a PUD along one side property which is the size of the property of a building that is approximately 200 feet long that's with a zero lot line, and that's where they were looking for landscaping, but she didn't realize until Friday that there was going to be a building there according to -- MR. ARNOLD: This would be adjacent to the Salvation Army -- MR. STEINBERG: Correct. MR. ARNOLD: -- property? MR. STEINBERG: Correct. MR. ARNOLD: Yes. No, she didn't bring that to my attention, but I did ask her to review that site plan that was approved for the Salvation Army. So I think that those are certainly the give and take that we have once we respond that we could sit down and try to resolve any of those outstanding issues that we might have. MR. STEINBERG: And as far as I know, they have been resolved except for the two, and the other one was along Estey Avenue when they widened that, that they took away the drainage easement and actually came over on our property and are draining county water onto our property, and it presented a problem with -- with the landscaping there and that my agreements with her is, yes, we can put a hedge in Page 41 16G November 25, 1996 Where, but it's going to.have to be on the county right -of -way, and she okayed that. And, in fact, she did it on a set of prints here that she -- MR. ARNOLD: Right. MR. STEINBERG: -- sent along and said I can take with me. MR. ARNOLD: Yeah. That was my understanding as well. When we discussed mid -last week relative to your project, she was going to request some additional landscaping along Estey Avenue but realized that that would probably be within county right -of -way. MR. STEINBERG: And also was it discussed when they expanded Estey Avenue that they took out the landscaping that existed there? MR. ARNOLD: (The witness nodded head) MR. STEINBERG: And so the two areas that we're talking about is what the county has removed from the landscaping, what -- and we're working on those? And are there any other areas other than We did not get to talk to Bryan Milk for the loading zone, and so I -- I don't know the answer on that at this point. They had found that it was short two parking spaces, but I believe that the parking spaces are there, but the -- the designer forgot to put the car stops in, so they weren't counted. The spaces are there designated, but they weren't counted because the car stop wasn't onto them, which I presume he didn't push the right button on his CAD machine. I -- I -- I think that you have covered -- covered it. I think now we've finally got the picture. We covered a lot of territory up and to that, but is there any other outstanding issues that Y need to address that if we weren't able to sit down where we had the time with -- with Nancy Siemions and address the building next to the property with a zero lot line or the PUD projected building and the Estey Avenue area there, which he, in my opinion, has already addressed, but saying, yes, we can put a hedge up there, addressed that Friday, and the loading zone -- is that not really the three issues that are on this thing that has to be looked at? MR. ARNOLD: I'd say that's fairly correct. We have about three issues that need to be addressed. Yes. MR. STEINBERG: Have I been able and willing to be available at any time that we've had any of these meetings? MR. ARNOLD: Yes, sir. MR. STEINBERG: The plans that were delivered on approximately October the 2nd you say were just left on your chair? MR. ARNOLD: That's where I found them, yes. MR. STEINBERG: And was I contacted anything concerning landscaping on those, that your position was they weren't -- a fee wasn't submitted with them, so it wasn't the proper application? MR. ARNOLD: That's correct. MR. STEINBERG: I have no further questions for mr. . Arno 1d . CHAIRPERSON RAWSON: Anybody have any further questions for Mr. Arnold? Page 42 November 25, 1996 16 G 4' MR. MANALICH: I have some redirect. CHAIRPERSON RAWSON: Fine. MR. MANALICH: Thank you. Mr. Arnold, throughout your meeting did you not point out to Mr. Steinberg that a formal submission is required under the Land Development Code for review? MR. ARNOLD: Yes, I did. MR. MANALICH: And when was that finally done? MR. ARNOLD: I believe the date was November 14 or 15, to the best of my recollection. MR. MANALICH: Now, once a formal submission occurs, that's when the give and take can occur that you referred to earlier, right, as far as what negotiation would be in the requirements? MR., ARNOLD: Generally that is the date at which we begin the formal review and we comment formally back to the applicant telling them what they need to do to comply. MR. MANALICH: Now, Mr. Steinberg has brought up the fact that this iss -- list of issues that we have on Staff Exhibit B was not mentioned to him until last week, but you've had, as we have testified before, have you not, ongoing discussions on this whole case and some of -- partially on some of these issues in the past; right? MR. ARNULD: Yes, we have. MR. MANALICH: Okay. You mentioned that the county had removed some landscaping. Do you know if the landscaping that was ®there previously would have complied with the requirements? MR. ARNOLD: I don't know specifically what landscaping was removed. No. MR. MANALICH: Okay. MR. ARNOLD: Sorry. MR. MANALICH: Lastly, you don't intend the testimony here today to be a substitute for the formal process of review which is required under the code; right? MR. ARNOLD: No, I do not. He -- Mr. Steinberg will still need to comply with staff's stipulations. MR. MANALICH: Okay. Thank you. No other questions. CHAIRPERSON RAWSON: No more questions for Mr. Arnold? MR. STEINBERG: Can I redirect a couple of questions if that's all right? CHAIRPERSON RAWSON: Sure. MR. STEINBERG: Mind you, I was told by Mr. Dennis Mazzone to just show up, no big deal. I'm not totally unprepared here. I'm doing it by the seat of my pants. The attorney here had said that the ongoing meetings that indicated -- I don't remember the exact question. Could you read back what he asked about -- on the ongoing meetings of -- we had discussed the items that were submitted last Thursday, or does everyone remember enough of that question? MR. MANALICH: I'll object to that characterization because I did mention -- and we can read it back, but my understanding of what I asked was that there had been ongoing meetings and had partially discussed some of these issues that had been brought up. Page 43 November 25, 1996 16 G MR. STEINBERG: Okay. That's -- That's fine. Any particular issues that we're talking about that come in last Thursday that had been discussed in a prior meeting? MR. ARNOLD: I guess to my recollection maybe the -- the southern landscaping issue had -- had not been discussed previously nor possibly the screening of the garbage dumpster. Those are the only two tnings that come to my mind that we might not have discussed over the last several months in general terms. MR. STEINBERG: I don't -- don't believe we need to discuss that anymore. CHAIRPERSON RAWSON: Okay. MR. MANALICH: Just for clarification, Madam Chairman This is a follow -up to that point, Mr. Arnold. It -- Is it your clear recollection that formal submission was discussed in those prior meetings? MR. ARNOLD: Yes, sir. MR. MANALICH: Okay. And what about the need for an approved site plan? MR. ARNOLD: Yes, sir. I -- To the best of my recollection, we had discussed that with Mr. Pires and Mr. Steinberg. MR; MANALICH: Were your -- Just to be fair to Mr. Steinberg now, you're saying that y g you don't recall exactly whether everything on those documents were brought up in meetings previously or not; right? MR. ARNOLD: That's correct. MR. MANALICH: Okay. MR. STEINBERG: What we were working to was for approval of a_ formal site plan and the submission? MR. ARNOLD: Correct. MR. STEINBERG: No further questions. CHAIRPERSON RAWSON: Thank you. MR. ARNOLD: Thanks. CHAIRPERSON RAWSON: Next witness. MR. MANALICH: No further wit -- no witnesses. CHAIRPERSON RAWSON: Mr. Steinberg, do you wish to say anything else further to the board or call any witnesses of your own? MR. STEINBERG: Yes. CHAIRPERSON RAWSON: Certainly. MR. STEINBERG: The only witness I have here that delivered the site plans -- and I don't know where they were put or who they were given to -- that might have left them on his chair or what was needed is not here at this point. I would like to say that we felt -- MR. DAVID STEINBERG: I heard you over the intercom. David Steinberg for the record. CHAIRPERSON RAWSON: Would you have him sworn in, please. THEREUPON, DAVID STEINBERG, a witness, having been first duly sworn, upon his oath, testified as follows: Page 44 16G November 25, 1996 is MR. DAVID STEINBERG: I think I'm here to testify that I delivered the plans -- MR. STEINBERG: Yes. MR. DAVID STEINBERG: -- on a particular day. MR. STEINBERG: Yes. I -- because I have no idea who they were given to, but Mr. Wayne Arnold had testified they were just left on his chair. MR. DAVID STEINBERG: I was instructed -- When I dropped off the plans, the receptionist was there. I told her I was there to drop off plans. Mr. Arnold wasn't in. I said, "What should I do with them ?" She said, "Put a rubber band around them. Leave them here. I'll deliver them to Mr. Arnold." That's where I left them. I actually left them with the receptionist as per her instructions. CHAIRPERSON RAWSON: Thank you. Any questions? MR. MANALICH: What date -- What date did you deliver those? MR. DAVID STEINBERG: I don't recall the date offhand. I believe it was October 2. I believe it was a Friday. MEL..MA_NALICH : Thank you. CHAIRPERSON RAWSON: Any further questions of that witness? Okay. Mr. Steinberg, anything else you want to tell the • board? MR. STEINBERG: None other than the -- we have -- When Better Roads has issued the permits to do the paving and the one thing _ that was indicated that -- that was a -- almost 3 acres of paving, and there -was two sites that were on there. The other site had already been paved. That is not -- not the case. That's been paved for probably ten years. We did not realize -- although we had contacted the department ahead of time by telephone to ask them what was needed for Better Roads to get the permit for paving. They asked us if it was an impervious site, and we said it was. And they told us that -- just pull the permit and that it was indicated to us that there was no other site plan development work that was needed. We understand that that was erroneous information at a later date. We did not know we had originally a site plan that was developed. We had a letter that was issued at the time it was developed that said that it could be -- that was approved for paving. Through -- and this was -- and the other site plan was -- was -- was submitted. It says project review, services review, the construction plans for the referenced project and has no objection to the construction of paving and drainage aspects of the project subject to the following stipulations. And it goes on, require fees to be paid and permits to be received. When we understood -- and that apparently was ignorance on our part, that there would need to be an amended site plan. As I stated earlier, we did not object to that effect, but we said, yes, we'll go ahead and submit one. We just needed to know what to submit. Page 45 16G November 25, 1996 What has been somewhat frustrating because we felt that a number of times we did what was asked of us. It would have been much simpler on our part to have done it all the first time once -- I can assure you of that -- and including the person that is drawing it. We have tried to comply with them to -- to do this. We still are. And as has been indicated here, there are only two -- three outstanding issues. One I still don't have the answer to because it was -- the first that it had come up was last Friday. And the other two have to do with landscaping and this -- and on the two areas that they are talking about, a lot of that depends upon -- I can meet with them today if we can resolve it, but a lot of it has to be answers that come from the county. It's not something that I can do, is to go out and put landscaping on a county right -of -way unless I've got an approval, and that I received from the landscape architect last -- last Friday. Honestly, I don't know why we're here. We've been working to that direction, and I don't have the vaguest idea. If we would have taken the same amount of time that we spent here this morning and been able to work with Bryan Milk and Nancy, we'd probably have these issues -- I'd have the answer so I know what I can put on the plan; I can't put something on that plan until I get the answer back from`them, and the question was presented last Friday. CHAIRPERSON RAWSON: Do you have any questions you want to ask him, Mr. Manalich? MR. MANALICH: No questions. CHAIRPERSON RAWSON: Any of the board members have any questions to ask Mr. Steinberg? _ MR. ALLEN: I've just got one comment. Mr. Steinberg, I could totally sympathize and empathize with you 100 percent, other than the fact the reason that we're here is that you didn't make formal application as was required by Mr. Arnold. Had you made formal application, you'd know exactly what the county was going to require. I mean, I think that's -- it's just about that simple. MR. STEINBERG: I do not offer an excuse for that. I can offer a reason, and I didn't understand what that -- that formal application for the detail -- I thought it meant submitting a plan to get it approved. MR. ALLEN: I understand you didn't understand it. That -- MR. STEINBERG: Right. MR. ALLEN: We're -- We're totally in agreement, but when Mr. Arnold called your attorney, Mr. Pires, who is familiar with this -- I mean, we've got a five -week window which nothing happened, and I guess that's my problem with the situation. MR. STEINBERG: I -- I can't comment on that because I don't know what was done with Mr. Pires, but certainly it wasn't relayed to me. And I -- I think there was the understanding that the right fee had been made. Even as of last Friday, I was down endeavoring to find out what the correct fee was, and it's somewhat difficult to do something if -- if you don't know, if someone isn't there. And I can understand and sympathize with the fact that there Page 46 November 25, 1996 1 6 G (Neren't people -- people were out on -- on meetings last Friday to be able to -- to address that and -- MR. MCCORMICK: Can I ask you a question -- MR. STEINBERG: Yes. MR. MCCORMICK: -- Mr. Steinberg? MR. STEINBERG: Yes. MR. MCCORMICK: The -- The three notice of violations that you received, all three of them require your action to be to submit an amended site plan, and the last one you received on 10 -29, and you also received them on 10 -2 and 7 -19. You were noticed to come to this board, I believe, on November the 8th because at that time an amended site plan had not been submitted. Are you telling us that the reason that action wasn't taken was solely because you didn't understand the action that needed to be taken? What -- What did we miss there? MR. STEINBERG: My -- My understanding is that there was an amended site plan that was submitted. What Mr. Allen was saying, I think, is -- getting to the point, is whether there was compliance with the formal submission. It is one thing to submit a drawing and say you have submitted a site plan and the other was -- there was -- There was„two issues that Mr. Arnold had asked for, and one was a cover letter, which was submitted. That was submitted. I forgot to ask him about that. And as far as I know, the only thing that was not properly submitted was whether it's 85 or $210. I had-the check with en e last Thursday. If I would have known -- MR. MCCORMICK: Well, let's even say when you dropped off those plans on the 2nd.of October if you thought that was going to constitute an application for the amendment -- You received a notice - of* violation on the 29th of that month. Did that indicate to you that your -- what you had submitted before did not bring you into compliance, that it was not adequate? MR. STEINBERG: I'm sorry? I didn't -- MR. MCCORMICK: If you received a third notice of Violation on the 29th of October, did that indicate to you that those plans -- the rolled up plans that you had left for Mr. Arnold did not constitute an application for an amended SDP? Because this notice to you that appeared before us didn't go out until the 8th of November, so there was still some time there between the 29th and the 8th. MR. STEINBERG: Correct. I believe -- and I have to go through that chronologically because I believed that they were submitted until Mr. Arnold had contacted me about the elevations that were required by Mr. Kuck. So when I received the violation -- If the violation came before or after I -- I got that information I don't know. If it came after I got the violation, yes, I would believe that more had to be done and proper submittal wasn't provided. If it's before, yes, I believe I had submitted it. And if you'll notice that after the October twenty -- 29 notice, that on November 13 that factor was cured. That's when we had a meeting with Mr. Tom Kuck at that time, and so on October -- or 18)November 13 is when that was taken care of. MR. MCCORMICK: At what time did you employ the services Page 47 November 25, 1996 40 an engineer to assist you with that application? MR. STEINBERG: I -- The first drawing was completed on September 11. I had already contracted with someone to do that. And I'd have to check my records, but it would have been sometime in July or the first week of August, but that is also when my father died, so I don't remember if it was before he died or -- or after. But I can't answer that question, but it was a number of weeks before that. MR. MCCORMICK: But it wasn't just within the last month? It wasn't just prior to -- MR. STEINBERG: Oh, certainly not. No. MR. MCCORMICK: -- the 14th? MR. STEINBERG: No. No. It's -- It's been going on. We've been working with him since day one. MR. MCCORMICK: And they didn't give you any advice as to what might be required for, the -- the approval of the site plan, or is that a long story? MR. STEINBERG: Unfortunately that it was in hindsight that I probably didn't hire a person that was well qualified in informing me of what•to do -- do here. I worked directly with the county, and I went to him and said, "This is what we need." That's -- It certainly would have been better -- and I'm not -- I -- I don't want to"s5Ly- dEything about the person I'm using, but it would have been better if I'd had more information at that time. CHAIRPERSON RAWSON: Any more questions? .) Any more evidence or witnesses? MR. ANDREWS: I have -- I have a remark. It's not - - It's not for Mr. Steinberg., Maybe a little later. I have -- well, I can -- Yeah, I'll make it now. - - •"-I''ve -- I've been on this board several years, and I've never seen such -- so much cooperation between the respondent who happens to be Mr. Steinberg and our staff on any projects, and I've been on a lot of them. And actually what I've heard here today as a layman I don't know why we're here. He's -- he's doing the -- He's doing everything in his power to satisfy the staff, and the staff is doing everything in their power to help him. I don't know why we're :sitting and listening to all this. CHAIRPERSON RAWSON: Any other witnesses? If not, we'll close the public portion of the meeting and open it for board discussion or motions. MR. ANDREWS: I'll make -- I'd make a motion that we just take this off the record and let -- let him -- let him finish the job. You can either continue it or -- or just vote against it, whichever you -- you -- you -- You attorneys can figure that one out for me. CHAIRPERSON RAWSON: Well, I think if I can -- MR. YOVANOVICH: Mr. -- I'm sorry. Mr. Andrews -- CHAIRPERSON RAWSON: Go ahead. MR. YOVANOVICH: -- I think the appropriate motion would be to find no violation if -- if you want this to be done with at this ®point. I don't think this board can continue it". So I think the appropriate motion would be to find no violation. Page 48 16G 16G November 25, 1996 is MR. ANDREWS: Okay. So moved. CHAIRPERSON RAWSON: Is there a second? MR. LAFORET: I'll second. CHAIRPERSON RAWSON: It's been moved and seconded that this board find that there's been no violation. Any discussion? MR. MCCORMICR: For -- For discussion, Charlie, I -- I agree with you that I don't know why this is in front of us either, and from what I hear, it appears that we can get to a solution pretty easily that should be able to be done in a real short period of time. But to me it's -- if we have to decide on whether there's a violation or not a violation, that it's clear that the respondent did not comply with what was in the notice of violation, and that was to submit an application. I think that we should give him an adequate time period to -- to get this resolved and built out, but I -- I can't agree that there's no violation at all.- I think that's -- that's clear -cut. MR. MANALICH: Madam Chairman, if I may ask at this point, I -- I believe the board -- the Chair has chosen not to hear any kind of closing statement by either side. CHAIRPERSON RAWSON: I'm sorry. I -- MR. MANALICH: Would either -- would -- Well, I only offer this in the extent -- If it would help your -- your consideration ~of any motion, would it assist to hear from Mr. Steinberg and I in closing, or do you simply want to close the ublic meeting as you have and not allow any further comment? CHAIRPERSON RAWSON:- Well, I didn't mean to not give you _hat opportunity. I guess I'm just sensitive to the fact that Mr. Steinberg just told us.everything he wanted to tell us at the end. So that was probably his closing remark. If you want to summarize, you -know, I'll reopen that public portion -- I mean, that part of the -- of the proceedings and allow you to do that since he really did that in his testimony. MR. MANALICH: Well, you know, you may want to consult with your counsel but -- I mean, I would say, if it will assist you in making a determination to hear from both myself and Mr. Steinberg, even if he has to be heard again, if you want to do that. If not, you know, however the board wants to handle it. I'm not insisting. I'm just saying I'm offering that if it will assist you to hear from both of us again. MR. YOVANOVICH: I -- I think it's within your discretion. If -- If you want to reopen it for the board's purposes, fine. I think at this point there's really -- It's up to you. I mean, I don't think Mr. Manalich has a right at this point to -- He's not requesting an opportunity just to summarize his test -- his case. CHAIRPERSON RAWSON: Well, there's a motion and second on the floor, and so while we are in the purposes of discussing that motion, would it assist any of the board members to hear again from the county or from Mr. Steinberg? MR. ANDREWS: I think we've heard enough. CHAIRPERSON RAWSON: Okay. Then we have a motion and a second on the floor that this board find no violation. Any further discussion on that motion? Page 49 November 25, 1996 1 0 MR. ALLEN: I would like to agree in theory with Charlie, okay, but I'll -- I'll -- but in fact I agree with Richard. I think the violation does exist. We've had three notices of violations and three stipulations. In Mr. Steinberg's defense, I'd say, if -- if you were doing all the processing yourself, I'd really, really sympathize with you. But the fact that you had an attorney and an engineer, okay, to guide you, I don't think you can -- I don't think we can be lenient. I think, you know, your attorney did not give you proper information nor did your engineer because this is a very, very simple process, and I'm -- I'm sorry for you in that respect, but the violation does exist as far as I'm concerned. CHAIRPERSON RAWSON: Well, let's vote on the -- Mr. Andrews' motion. All in favor of Mr. Andrews' motion that this board find a -- not a violation, please signify by saying aye. MR. ANDREWS: Aye. fit. LAFORET: Aye. CHAIRPERSON RAWSON: All opposed? MR. ALLEN: Aye. MR. MCCORMICK: Aye. MS._ bEIFIK: Nay. CHAIRPERSON RAWSON: No. The motion fails to carry. For was Mr. Andrews and Mr. Laforet. And opposed was *1r. Allen, Miss Rawson, Miss Deifik, Mr. McCormick. MR. ANDREWS: Well, now can I ask a question? How can we dismiss this thing? If we call it a vi -- a violation, do we have to- go'through all the paperwork on it? Is there any way of dismissing it and -- and admitting that there was a small violation? CHAIRPERSON RAWSON: Well, I think that's a question for our attorney. MR. ANDREWS: He hasn't done anything today. Come on. MS. DEIFIK: Can I make a motion? MR. YOVANOVICH: I'm sorry? MS. DEIFIK: Go ahead. MR. YOVANOVICH: At this point the only way for this to be dismissed would be for staff to decide they don't want to go forward, and I don't think that's going to happen. So at this point -- or nobody brings a motion for violation that passes. You're not -- You can structure your motion of violation pretty much any way you want, giving them as much time to get.into compliance and -- and the amount of fines, if any, you want to levy for the violation, but .you cannot make the case go away at this point without the parties' agreeing that it -- it will go away. MS. DEIFIK: Madam Chairman, I have a motion. CHAIRPERSON RAWSON: Okay. MS. DEIFIK: I move that we find Mr. Steinberg in violation and give him three weeks in which to come into compliance. ®'If he does not come into compliance at the end of the three -week period, then we impose a fine of $100 a day. Page 50 November 25, 1996 16G 4► CHAIRPERSON RAWSON: Would you define "coming into compliance "? MR. ALLEN: I -- I'd like to amend your motion. MS. DEIFIK: Certainly. MR. ALLEN: And that's -- that's not being fair to Mr. Steinberg; okay? And I'm saying this very candidly. MS. DEIFIK: Oh, it's time to give him more time than Mr. Arnold said. MR. ALLEN: We need more time. It's going to take With the window of opportunity of Thanksgiving week, it's going to take his engineer after he -- they got the comments Thursday and Friday, probably ten -- MS. DEIFIK: Give me a period of time then. MR. ALLEN: It's going to take ten days to draw it. It's going to take staff ten.days to review it. There's three weeks. We've lost Christmas. We've lost Thanksgiving week. And it's going to take probably to get the subs lined up at this time of the year probably 30 days. I think -- MS. DEIFIK: How about until January 15? MR. ALLEN: I think that's a realistic time. MR. MCCORMICK: That's a good date. MR--=-M: I think he needs a 60 -day window. MS. DEIFIK: I was only saying three weeks because b[r. Arnold said two weeks. MR. MCCORMICK: I think normally we might have said the 01st of January, but with the holidays -- MS. DEIFIK: Fine. MR. MCCORMICK: -- we go to the 15th. - - - MS. DEIFIK: January 15. CHAIRPERSON RAWSON: Okay. So we've amended your motion to January 15. What I would like for you to do is to define "compliance." Is that -- MS. DEIFIK: I'm going to let Mr. McCormick do that because he's far better at that than I am. MR. MCCORMICK: I think "in compliance" would mean that the site has been -- the site improvement plan has been approved by the county and that all corrections have been made on the site, that the site is physically in compliance also. MS. DEIFIK: Mr. Yovanovich, are you getting all this clown? MR. YOVANOVICH: I am writing away. CHAIRPERSON RAWSON: Is that amendment satisfactory with you? MS. DEIFIK: Absolutely. CHAIRPERSON RAWSON: Is there.a second to this motion? MR. ANDREWS: I'll second that. CHAIRPERSON RAWSON: Okay. It's been moved and seconded. MS. DEIFIK: Do you want me to try and restate it? CHAIRPERSON RAWSON: Yes. MS. DEIFIK: Okay. The -- The motion as it stands now Page 51 16G November 25, 1996 Gith all amendments is that we find Mr. Steinberg in violation. The board will give him until January 15 to come into compliance. "Compliance" will be defined as having submitted and having had approved a full site development plan or amendment to the previous site development plan and accomplish the work that's set out on that site development plan by January 15. MR. ALLEN: Let's -- Let's clarify. That's a site .improvement plan. MS. DEIFIR: Site improvement plan. And if that is not done by January 15, then a fine would be imposed starting on January .16 at $100 a day until compliance was accomplished. CHAIRPERSON RAWSON: Everybody understand the motion and the second? All in favor signify by saying aye. All opposed? (No response) MR. ANDREWS: Hurrah! CHAIRPERSON RAWSON: Passes unanimously. Again, Mr. Yovanovich, we don't have a form order up here, and so we really need the proper order with findings of fact and conclusions of law and order of this board, but if you would be so kind as t7d 7draft that for me, I will be happy to sign it. Okay. I guess that takes care of this case. The next item of business is new business, and there ioesn't appear that there is any. Then there's no business. It ippears that old business there's not any. And reports looks like there's not any. Before we get to talking about the next meeting dates, let' -s-go back to the minutes of the October 24 Public Nuisance Abatement Board. By deferring this I didn't mean to suggest that, you know, I found any corrections or additions to the minutes. I just want to discuss the minutes. We can go ahead and approve them and then have this discussion. Did anybody have any additions or corrections to the minutes of October the 24th? Well, at this time, then, I would -- MS. DEIFIR: Excuse me. The -- The thing I'm now confused about is I'm looking at this and it says that Celia Deifik was not present. CHAIRPERSON RAWSON: You weren't present at the beginning. I think we had a roll call, and then you all came in and -- MS. DEIFIR: Okay. Because I specifically remember being there. CHAIRPERSON RAWSON: Then we had a reroll. It's about three pages in, and I make the statement that we're all present. Well, let's take a vote on approving of the minutes of October 24. All in favor signify by saying aye. All opposed? (No response) CHAIRPERSON RAWSON: The minutes will be approved as written. Page 52 November 25, 1996 1 6 G „ • Now, here's what we need to discuss relative to what happened at that Public Nuisance Abatement Board. And if I could have the board just follow along and our attorney, on page 66, on the top of the page, Miss Deifik makes the motion that there is a violation, and that motion passes. There were seven of us here. Six voted to pass the motion that there's been a violation, and there was one in opposition, and that was Mr. Andrews. So we have a motion made and a finding that violations continue to this day and that the problem -- property is a public nuisance. Then on page 74 -- let's see -- 71, I'm sorry, Mr. McCormick makes a motion. I guess that probably -- I'll find out where he made that motion. MS. DEIFIK: At the top of page 70? CHAIRPERSON RAWSON: Yes. Mr. McCormick makes the motion on the top of page 70 in terms of -- now that we found the violation, some things that need to be done to abate the nuisance. Okay. That's on the top of page 70. We vote on that on page 71, and it passes. Again, it passed 6 to 1. We were all seven still here. Now, if you will skip over to page 74, toward the end of the page, Ms. Louviere exited the board room. So now there's only six of us here. And Miss Deifik continues. The first motion, which we discussed -a -while ago which passed, she says, was mine, and she then iunends the motion to include a finding that the owner failed to take reasonable action to abate the nuisance within the time frame; and, 6therefore, the public nuisance exists -- continues to exist. And Mr. 1cCormick seconds that amendment to the motion. On the top of page 75,. I call for the vote, and it appears that I vote no, Mr. Andrews votes no, Mr. Laforet raises his hand-,"and everybody else votes yes. And either I can't count or the attorneys present -- Mr. Murphy was still here -- can't count -- I say, Okay. There's three no's and -- one, two -- three yeses, and then I say four yeses. It's too late. The motion passes; is that right? Everybody nods their head. And I say the motion passed. Well, obviously the motion didn't pass because there were only six of us here, and it appears to me that three and three aren't seven. MR. MCCORMICK: What about the possibility that Miss Louviere returned? I think that maybe she only stepped out for a quick moment. CHAIRPERSON RAWSON: I think she was gone and did not come back. MR. MCCORMICK: Oh, did she leave? CHAIRPERSON RAWSON: She was -- MS. DEIFIK: She was gone. CHAIRPERSON RAWSON: She was gone. Now -- So what I think technically here is that we have passed an amendment to a motion that really didn't pass. I think it was 3 to 3. So I think the amendment to that motion didn't pass. Now, I'm not sure what to do about that. That's why I'm going to ask our counsel. Can we -- It probably can't. We can't `revote on it now without calling all the parties back. Is it necessary that we do it -- In my infinite wisdom, I say on the bottom Page 53 November 25, 1996 Of page 74, "In order to invoke the jurisdiction of this Nuisance Abatement Board, I guess we have to have that finding." MS. DEIFIK: We could have a serious problem. CHAIRPERSON RAWSON: And if we have to have that finding and we didn't really pass that amendment, what is it that we should do? MR. MANALICH: Madam Chairman -- MS. DEIFIK: Madam Chairman CHAIRPERSON RAWSON: Yes? MR. MANALICH: -- in fairness to Mr. Yovanovich, he was not the attorney -- CHAIRPERSON RAWSON: I know. MR. MANALICH: -- of record that day. CHAIRPERSON RAWSON: It was Mr. Kowalski. MS. DEIFIK: There -- There's another problem that bothered me after this, which is that no one -- and I remember thinking about this as we left -- that no one told us until the end, until after all the hours of testimony that this board's jurisdiction couldn't be invoked unless we met a certain threshold, and that was just sort of thrown at us at the end, and I have serious questions as to whether that issue was properly addressed. And in fairness to the -- Ch &•paT ty that was cited for a violation, I -- I think that that needs to be revisited or addressed. CHAIRPERSON RAWSON: Well, it was our first Nuisance Wiatement Board meeting. It was our first case. And I think you're ght. We probably didn't know that finding had to be made. My concern is that we only - -.The finding really wasn't made. There was a 3 -to -3 vote. And I don't mean to pick on Mr. Yovanovich. He just happens to be sitting here as our attorney today. This is clearly Mr. Kowalski's problem, and I have not even called him and alerted him to this. But I guess we're going to have to have another little rehearing on this matter because, otherwise, we really didn't pass the amendment which would invoke the jurisdiction of the board which would give me the power to do what I've already done, and that is to sign that order. MR. MCCORMICK: Are you sure of that, or is that what we were voting on, whether we needed to do that or not? MS. DEIFIK: I -- I -- I think she's right. MR. ANDREWS: What do you say, Attorney? MR. MCCORMICK: I don't remember it real clearly. MR. ANDREWS: How do we get around it? CHAIRPERSON RAWSON: Do you have a suggestion, Mr. Manalich? MR. MANALICH: Well, we don't have any objection to scheduling a rehearing through Mr. Kowalski for clarifying this matter with proper notice to Mr. Murphy as -- as well as to us, and then we'll review the transcript and then take a position at that time. MS. DEIFIK: Mr. Manalich -- With the Chair's permission, can I -- CHAIRPERSON RAWSON: Yes. MS. DEIFIK: - inquire? Page 54 16G f November 25, 1996 I think what bothered me the most about this was that we proceeded through this whole hearing and at the end -- and, Richard, I think this is -- this may be the problem and where we're confused. At the end we were told it's not a matter of whether the property is a nuisance or not. I think we were all in agreement the property was a nuisance. It's a matter of whether the owner has taken reasonable action to cure that nuisance that is the threshold that then gives us jurisdiction to find a violation. Those are two very different questions. MR. MANALICH: Now, that direction that you're talking about, would that have come from Mr. Kowalski? MS. DEIFIK: That -- Mr. Murphy and you raised that -- Both of you raised that at the very end when we were getting ready to adjourn. MR. MCCORMICK: I think.that Mr. Kowalski raised that in looking at the -- his last comment on page seven -- 73. MS. DEIFIK: And then we have to get into whether we -- what the property owner did was or was not reasonable under the circumstances. You know, the evidence may have shown that the problem was not cured, but what I understand Mr. Kowalski to be saying at this point is the unit owner -- the property owner didn't have to cure it. You have tto'find as a board that the property owner didn't take sufficient, reasonable steps to attempt to cure it, and I'm not even sure that that's the law, but if that's an issue, I think that needs ®to be resolved. MR. MANALICH: Yeah. I think we would probably have a position contrary to that as far as on the law but -- MS. DEIFIK: I understood Mrs. McEachern at the very - be-giiiiiing of our hearing kept saying it doesn't matter. It doesn't matter what you did. The issue is, is it a nuisance or isn't it. And then at the end we're told, no, that's not the issue. The issue is :something different. And I think that legal issue needs to be clarified first because -- CHAIRPERSON RAWSON: Well, I think we probably need to revisit this whole matter. If your position is right, it doesn't make any difference that we didn't really pass the amendment. If our attorney's position is right, we have to have -- we have to pass the zunendment . MS. DEIFIK: And it interests me that Mr. Murphy never raised that. CHAIRPERSON RAWSON: Well, I don't think he noticed nor did any of the rest of us -- we must have been tired -- that there were only six of us here and it -- the vote was 3 to 3. MS. DEIFIK: No. I mean, he didn't raise the issue as to what was the threshold of our jurisdiction. CHAIRPERSON RAWSON: Well, Miss Cruz, if you don't mind, would you somehow next year, I guess, get us all back together just for a brief rehearing on -- on that issue, given my concern that we really don't have a clean record here. If there were only six of us ® zmd it was 3 to 3 and I said that passed, clearly it didn't. MS. MCEACHERN: Madam Chairman. Page 55 November 25, 1996 1 b G CHAIRPERSON RAWSON: Yes? MS. MCEACHERN: If I could make a suggestion, perhaps what we could first do is schedule a conference call between you, Mr. Kowalski, Mr. Murphy, and the county attorney's office -- CHAIRPERSON RAWSON: Great idea. MS. MCEACHERN: -- because I know I need to read that transcript again with the very issues that you've raised, and then we can discuss it and decide -- all of us decide if we need to. actually come back or what -- CHAIRPERSON RAWSON: Well, I -- I would -- MS. MCEACHERN: -- and, if so, then we can come back for that limited purpose. CHAIRPERSON RAWSON: I -- I would appreciate it, you know, and I -- I'll be happy to participate in a conference call. MS. MCEACHERN: Okay. . CHAIRPERSON RAWSON: Thank you. MR. MANALICH: The other aspect that you should take note of is that this board -- I believe some of its membership runs through February if I'm not mistaken. CHAIRPERSON RAWSON: Correct. MR. MANALICH: So we'll need to -- after that conference call, if- EMfg's a need for the hearing, it should be done prior to your departure. CHAIRPERSON RAWSON: I understand. Okay. Thank you. Now, the next meeting dates for those of us who are Otill serving on the Lely Barefoot Beach case are December 12 and 13. A,nd I don't remember exactly, but they're not full days. I think the 13th is only until noon, as I recall. ANDREWS: Both of them are noon. CHAIRPERSON RAWSON: The January date is when? MS. CRUZ: The 23rd. CHAIRPERSON RAWSON: Okay. MS. DEIFIK: The -- The other three of us do not need to be there for the Lely? CHAIRPERSON RAWSON: Unfortunatelv you do not need to be here. MS. MCEACHERN: Madam Chairman, may I add something? CHAIRPERSON RAWSON: Yes. MS. MCEACHERN: With regard to the 12th and the 13th hearing on Lely Beach, we want to be sure that those board members who were there at the -- last time and will be there on that date have the transcript from the July -- the first day of the hearing and, if not, to please make inquiries to Maria Cruz, our code enforcement .specialist, because we can give you that transcript again and -- because we've been told you -- you've been -- you were given it a while ago, and we just want to make sure you have it, and then we specifically request that those board members read that prior to the hearing on the 12th and the 13th. CHAIRPERSON RAWSON: Okay. Thank you. MR. ALLEN: Is there a way we can limit the -- the eattorneys not going a full day and a half, or is that just what it's Page 56 November 25, 1996 1 G �. ,oing to take? CHAIRPERSON RAWSON: Well, limiting attorneys is never easy. I'll do my best to keep the proceedings moving. MR. LAFORET: If I recall correctly, that issue came up, could they read the transcripts, and the attorney for the respondent said, no, that he liked to see the expression on the people's faces as they testified. MS. MCEACHERN: Right. Mr. Laforet, this is a different issue. That was to bring back the other members who were not here in July. In fact, Mr. Hazzard who represents the property owner on the Lely Barefoot Beach case has specifically requested that the board members -- the four that were here which are Mr. Andrews, Mr. Allen, Ids. Rawson, and yourself -- just so you review what was said before since there has been so much time -- MR. LAFORET: Oh, I agree with that. MS. MCEACHERN: Right. That's all we're requesting. MR. LAFORET: Okay. MS. MCEACHERN: Yeah. MR. LAFORET: I agree with that. CHAIRPERSON RAWSON: Well, there being nothing further to come before this board, I'll see three of you December 12 and the rest of _ you January 23. The -- The board will be in recess. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11:21 a.m. COLLIER COUNTY CODE ENFORCEMENT BOARD M. RAWSOrl, CHAIRPERSON TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT REPORTING BY: Christine E. Whitfield, RPR Page 57 11- 26-1996 2.49PM FROM 643 8345 h ra E a 2 A Date: December 12, 1996 at 8:30 o'clock A.M. Location: Collier County Government Center, Admn. Bldg, 3rd Floor P. i 16G 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. NEITHER COLLIER COUNTY NOR THE CODE ENFORCEMENT BOARD SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. 1. ROLL CALL APPROVAL OF MM 3. 11,PPROVIaL OF _V_IjXT7'C&S --October • 4. PUBLIC HEARINGS 5. NEW BUSINESS N/A 6. OLD BQ,,JINESS BCC vs. LELY BAREFOOT BEACH PROPERTY OWNERS ASSOC., INC., A FLA. CORP.AND LELY BAREFOOT BEACH MASTER ASSOC., INC. A FLA. CORP. CEB NO. 96 -012 7. REPORTS N/A 8. NEXT MEETING DATE December 13,1996 gi . ADJOURN December 12, 1996 I I G CHAIRPERSON RAWSON: Let's go on the record. We don't have a quorum; so I -- my attorney tells me I can't even convene the meeting. But, obviously, this is the Code Enforcement Board of Collier County, Florida, and set to be heard today is the continuation of a public hearing, the Board of County Commissioners versus Lely Barefoot Beach Property Owners Association, Inc., and Lely Barefoot Beach Master Association, Inc. Mr. Allen, who is the missing board member today, is in the Bahamas. I have a telephone number for him. We can call him, and he will participate by telephone if the parties agree,. He will be catching a plane at one o'clock today; so this meeting this morning would have to convene -- if you allowed him to participate by telephone -- by noon. He will be here tomorrow. So what is'the pleasure of the respective counsel? And, you know, before you tell me, why don't you identify yourself for the record. MR. HAZZARD: Madam Chairman, I'm Bill Hazzard on behalf of the respondents, the Lely Barefoot Beach Property Owner's Association, Inc., and the Lely Barefoot Beach Master Association, Inc.; and our position would be that -- that this case involves documents that need to be reviewed. Counsel from both sides have prepared exhibits that accompany witness testimony that -- that needs to be seen as the witness is testifying, and our position would be that we would prefer to have Mr. Allen present. Let's reconvene � .omorrow morning and -- and move things along. MS. MCEACHERN: For the record I am Shirley Jean McEachern, assistant county, attorney; and with me is Ramiro Manalich, chief assistant county attorney, here on behalf of the petitioner, Collier County. I think this time we do agree with Mr. Hazzard that there are many pieces of evidence that need to be viewed that have already been entered and some will be referred to again, and there will be more to be entered. And we -- we just have to have everyone here and present. One thing I would like to advise you all is quite recently the Code Enforcement Ordinance was amended, not only to -- as you probably read in the paper -- to create an additional board to help us with our backlog, but it also provided for a holdover term. So in the event that we have a case that is ongoing and we are faced with the expiration of some of those boards members' terms, that those board members may hold over for the special purpose of continuing with that case to its final conclusion. So we -- we do have that option, and it's our position that that applies to this board. CHAIRPERSON RAWSON:' Well, correct me if I'm wrong, it was my understanding that both of these days were going to be somewhat :shortened anyway and that the two attorneys told me last time we weren't going to finish in these two days, and we were going to be back here in January to finish the case anyway. And I did read in the paper about the holdover term, and as my term expires on February 14th, I'm stare that that applies to me, and that's fine. I'll sit on this case the rest of my life. It's not a problem. MR. MANALICH: Madam Chairman, for the record, Ramiro Page 2 December 12, 1996 1 L G Qlanalich, chief assistant county attorney. I_guess my initial reaction -- I'm in somewhat of a state .of disbelief at this situation, but nonetheless, I don't see any other option but to have the member present.given the nature of the case. And I think the fact that -- all the members need to see the witnesses firsthand and the exhibits. I'm concerned because both sides -- I can't speak for Mr. Hazzard, but I can for our side -- have witnesses that -- some are local and some may -- are not. However, I don't see any other options other than to resume tomorrow. CHAIRPERSON RAWSON: Mr. Allen called me late yesterday, and he's literally stuck there until one o'clock today, but he did offer to be on the telephone. MR. ANDREWS: Mr. Chairman, while we got these two attorneys -- two attorneys up there, if they're the ones to ask, how -- how much bigger deal would this be to start over from scratch, and then -- and then all -- all the members would be eligible. We wouldn't have this problem. How -- how big a deal would -- would that be? It makes more sense, because this -- this is silly running back and forth like a streetcar. MS. McEACHERN: We agree it is very, very frustrating and disheartening. I -- there are -- if we were to start over fresh, I -- I am not sure that the county would be able to call the witnesses who were -- testified before, if they would be available to start tomorrow. And we are also new counsel in this case, and we have not .Pad an opportunity to even meet with those witnesses. So -- MR. MANALICH: I think they were -- if I'm correct, though, it is Mr. Ewing (phonetic) and Mr. McDaniel (phonetic), who are county employees, and we would do every -- - ANDREWS: That was last week. They're probably gone now. MR. MANALICH: So, I mean, those would be the only difficulties. I mean, we could make every attempt to get a hold of them today if you wanted to proceed that way. Just a question for the chair -- MR. ANDREWS: Well, did you understand what I said? MR. MANALICH: Start over? Well, I think that -- MR. ANDREWS: I mean -- have -- have -- start from scratch, and the whole -- and the whole board will be here, and then we won't have this problem. MR. MANALICH: Right. I mean, I don't think that the county is particularly adverse to that with the caveat Miss McEachern mentioned that the only consideration would be could we get back those two witnesses. MS. McEACHERN: And I -- and I think that one thing -- because if we -- if we were to do that tomorrow, we only have half a day or something; so we're still faced with the same problem we're -- we've been dealing with before. We'd also have to get all the board members here, and we would still be trying to piecemeal. And I think if tme- were going to start over, we would need at least two to three ®days set aside where everybody's very committed to clean their calendars off and be here and start over. Page 3 Alk December 12, 1996 1 6 G MR. MANALICH: I think you'd also have to listen to opposing counsel. MR. ANDREWS: Yeah. I want to hear -- I want to hear from Bill. MR. HAZZARD: Mr. Andrews, I appreciate your frustration and -- and share it; and in addition, you know, you referenced the -- the time. This procedure being drawn out is extremely costly to my clients in terms of the -- the preparation that goes on to come to one of these events and then to not have it go forward. However, I believe it would be highly prejudicial to my clients to start over because the county has already had a preview of my questions to the county's witnesses, and the county will have, then, an opportunity to counsel those witnesses on how to answer those questions, which the witnesses, in my view, frankly,,didn't do a very good job of answering the first go- round. I believe it would be Extremely prejudicial to my client to have three members who didn't scee the first go -round sit and see the -- the second go -round after there's been a dress rehearsal, in effect. MR. ANDREWS: That -- that's fair enough. I -- I just wanted to see what your opinion was, and hope -- hopefully, it would -- could have been affirmative, but -- but we'll grind away. CHAIRPERSON RAWSON: Mr. Laforet has a question. MR. LAFORET: I have a question. From what I have heard so far, what I have read so far, I have two things on--my mind; and one �tiling is -- I'm not going to give any explanations. I would make one recommendation that the guardhouse gate be removed in its entirety and the median in which it's on be made into a left -turn lane into the development. My second recommendation, follow -up recommendation, is th *&t -the county would pay for the erection of a new guard gate on the -- on the defendant's property to be approximating the value of the guard gate torn down. Now, I'm not going to give any explanation for these two proposals, but it does appear to me that that would be an equitable resolution. MR. MANALICH: Madam Chairman, first, in response to Mr. Hazzard, I think the county would dispute that there would be prejudice to his client insofar as really what was revealed during the first part of this hearing was the county's case, not his. At most, all that was revealed is his cross - examination. We would have had redirect here anyway; so we think that prejudice is minimal. I think, secondly, the -- the question we have -- I'm not clear still as to why we find ourselves in this predicament. I understand from what you said earlier that apparently Mr. Allen was saying that he had been -- a previous appointment in the Bahamas and -was simply unable to make connections to return. Am I understanding correctly? CHAIRPERSON RAWSON: Well, I think it's his work that prevented him from coming back last night, and he called me, and he's not going to be on the plane until one o'clock today. But he did offer to spend the morning on the telephone in order to keep this ® matter moving, and he will be here in the morning at 8:30. MR. ANDREWS: That -- that's a ridiculous and expensive Page 4 December 12, 1996 1 6 Cj *telephone -- we -- we pulled that one before, and -- and it doesn't work. CHAIRPERSON RAWSON: Well, I'm -- it's not something I'm going to do if the two attorneys are opposing it. So, I mean, I -- I'm just offering that Mr. Allen has offered to do that. MR. HAZZAR15: Shall we -- MR. LAFORET: The only objection I see is that the two parties are not even confident they can close this case in two days of hearings, and you have to leave at noontime tomorrow. And it seems what we've done is reduce the case to one 8 -hour period. Now, to resolve that, I would suggest that you start your case at one o'clock when Mr. Allen gets here, and we stay here until it's solved. CHAIRPERSON RAWSON: He's not going to be here at one o'clock. MR. HAZZARD: Mr. Laforet, I'm completely that. My -- my clients will start anytime you and my calendar is devoted to this case. MR. LAFORET: You realize we get overtime MR. HAZZARD: Absolutely. My calendar is this case until conclusion. I'll stay until o: However long you want to do it, I'm here to do MR. MANALICH: Obviously, our client, the willing to do want to start today, for that? devoted to ze in the morning. it. board, wants this matter to move forward very -- CHAIRPERSON RAWSON: Believe me, I want it to move forward. MR. MANALICH: And, you know, I join Mr. Hazzard in saying that we will do whatever we can do as far as whatever time is necessary to be here, whether it's not regular hours or regular hours, as'loiig as we can get this room and the court reporter and all the necessary arrangements. CHAIRPERSON RAWSON: Well, one thing we can do today is because it's clear that if we meet in the morning at 8:30 and we have a shortened day -- even if we were here all day, it's not going to finish. So what -- one thing we can do today is try and look at the January calendar and go ahead and get us a couple more days. But if it's your pleasure not to do it today, we -- we won't start it today. Mr. Allen will be here in the morning. We'll start at 8:30 in the morning. We'll get as much done of it as we can tomorrow, knowing it won't be a full day, then let's find us a couple of days in January so that we know we can finish this up. MR. KOWALSKI: Madam Chairman, if -- if I'm not too much out of order -- CHAIRPERSON RAWSON: Not at all. MR. KOWALSKI: -- could I follow up on Mr. Andrew's suggestion -- CHAIRPERSON RAWSON: Yes, please. MR. KOWALSKI: Thank you. -- and ask Bill Hazzard a couple of questions? CHAIRPERSON RAWSON: Certainly. MR. KOWALSKI: First of all, Mr. Hazzard, you're familiar with the practice of trial lawyers taking depositions in Page 5 December 12, 1996 6 G 41advance of trial. I know that you've done that-many times -- MR. HAZZARD: Right. MR. KOWALSKI: -- to -- to discover what the opposing witnesses might say. MR. HAZZARD: And, unfortunately, we don't have that luxury in this -- in this setting. MR. KOWALSKI: Right. But having gone through the direct and cross - examination of a couple of the county witnesses, isn't that similar or analogous to having taken a deposition, and that if -- if the witnesses were somehow coached to give different answers to your cross - examination questions, couldn't your objections be -- to the procedure or to your perceived prejudice be met by your opportunity to impeach the witnesses? Because, as you know, we do have a written transcript. MR. HAZZARD: Hopefully, I would do that skillfully. MR. KOWALSKI: Well, do you feel that -- Mr. Hazzard, that that would -- that would go a long way to solving your concern about possible prejudice by reopening the case from scratch? MR. HAZZARD: No, I don't. MR. KOWALSKI: Why -- why is that? MR. HAZZARD: Because I -- I believe that this -- that this board, in seeing the witnesses as they -- as they testified initially, took certain impressions that would not be available to the -- to the three new members who would be seated. MR. KOWALSKI: Lastly, there had also been some suggestions that the members who were not present for the first day's hearing might be allowed to participate by reading the transcript of the first day's hearing, and if -- if your concern is that you don't want to reopen the hearing from scratch because there could be some differences in testimony, would -- would those problems be solved by reference to the transcript? MR. HAZZARD: Certainly not for the reasons we've discussed, and I believe that counsel for the county has agreed as well in our -- in our discussions about this issue that -- you know, that the very reason why an appellate court does not make factual• determinations that the trial court made, is because there's nothing quite like seeing the testimony live and weighing the credibility of -- of witnesses, which you can't do from a -- a cold, written record. MR. KOWALSKI: Madam Chairman, I -- I apologize for the interruption. CHAIRPERSON RAWSON: Oh, no apology necessai-y. I appreciate your trying to assist in getting this matter heard one way_ or the other. MR. HAZZARD: I -- I do need to address Mr. Laforet's suggestions. CHAIRPERSON RAWSON: Certainly. MR. HAZZARD: And, sir, I believe we'll -- we'll make this crystal clear as the case goes on, but the guardhouse is currently located on my clients' property. Your suggestion was to move it from where it is and put it on my clients' property; it's on my clients' property. And that will become clear as the case Page 6 December 12, 1996 16G .progresses. MR. LAFORET: I appreciate your position, but I'm not entirely convinced of that at the moment, and I based my comment solely on up to date, what I've read and heard. I come to these two suggestions without giving reasons. MR. HAZZARD: I understand. CHAIRPERSON RAWSON: Well, what is the -- at this point, not the pleasure of the board, because we don't have enough members here to have a quorum to make any decisions. What is the pleasure of the attorneys, that we meet tomorrow morning at 8:30? MR. HAZZARD: Madam Chairman, I have to tell you, frankly, that I've been roundly criticized by the county commission for directing or allegedly directing this board's agenda and directing the schedule that this board has made of this case. I strongly object to that criticism. I do not direct this board's agenda, and I sit here at your pleasure, and I'll be here when you'd like me to be. CHAIRPERSON RAWSON: Thank you. Well, we are scheduled to be here at 8:30 in the morning. MR. ANDREWS: Mr. Chairman. Miss -- Miss Chairman, you're idea -- I just -- if we even tried to have one, something could -- something could happen to somebody, someplace, and tomorrow's tomorrow. CHAIRPERSON RAWSON: I hope not. MR. ANDREWS: Your -- your idea of January, set.-it up far enough ahead so we can -- so we can really plan on it and hold -- and hold it down. I mean, these three days like tomorrow -- today and tomorrow is, you know -- a.lot of us our active. We still have things to do, and I think that -- CHAIRPERSON RAWSON: And some of us work. MR. ANDREWS: -- if we plan this thing -- well, you're going to -- they changed the rules; so you're going to be on the thing anyway. So -- so you're going to -- you're going to handle it, but let's -- let's plan ahead on the thing, and then hopefully -- you know, nature has to take its course, but -- MR. MANALICH: Madam Chairman, on behalf of the county, our paramount concern at this point is to wrap this case up. This has been pending just way too long. Frankly, we're in a state of disbelief that we're in this situation today. Nonetheless, you know, what we want to do is we want to bring this thing to closure, and we most strongly urge at this point in time that -- first of all, we have no opposition to starting over with the entire board. We don't -- we disagree with Mr. Hazzard. We don't think that they'll be prejudiced. We think, if anything, we were more prejudiced, because we revealed our case to our witnesses. He just merely did cross - examination. Whatever it takes, whether it's a full board or whether it's the four members, we think this should continue tomorrow; and, frankly, we think it should continue to its conclusion, whether that includes this weekend, whatever it takes to bring this matter -- and I think it's going to benefit the board and the parties to bring it to conclusion, you know, with whatever it takes to do ® ghat. I think - Page 7 16G December 12, 1996 4.', ' ... ®MR. LAFORET: That accommodates the two attorneys very well. What about the volunteers? This is Christmastime. We've got other things to do besides sitting here. Now-, we devote a lot of extra time sitting here and doing nothing. MR. ANDREWS: Yeah. And driving back and forth. MS. McEACHERN: Could we just break for maybe three minutes so I can talk to Mr. Manalich in private out in the hall? CHAIRPERSON RAWSON: Certainly. Let's have a five - minute break. We'll re -- reconvene, although, we're not really officially convened. We'll resume our discussion at nine o'clock. (A short break was held.) MR. MANALICH: Madam Chairman, please excuse the delay. CHAIRPERSON RAWSON: That's all right. We'll go back on the 'record. Go ahead. MR. MANALICH: Yeah. I apologize for the delay but, frankly, this is a very difficult position for us, on behalf of the county, to be in. It is my client's most emphatic desire to wrap this case up as quickly as possible. It's been pending far too long, and I know I don't have to lecture the board on that. I'm just trying to explain to you what I'm dealing with. On the other hand, right now we're at a loss. We don't know if this contingent of four is going to be available again or not. I mean, we thought it was going to be, but it appears to be problematic. I think -- we have in front of us the calendar, and I think our position is at this point -- I'd like to hear from •Mr. Hazzard, but our position is that if we can take this group of four and conclude this matter prior to January 1st, then I think that would be our first request. CHAIRPERSON RAWSON: Unless -- unless you want to follow me when I leave for Christmas Tuesday, I don't think so. MR. ANDREWS: That's ridiculous. MR. MANALICH: All right. Well, then if that cannot be done, then I think we have to look very seriously at whether we can convene the full board, start anew, and begin in January, and bring that on a group of what I estimate would be two to four days to conclusion. CHAIRPERSON RAWSON: Well, while you were out of the room, Mr. Manalich, we've been looking at our respective calendars: and we found some dates the week of the 20th and the 27th of January . And it would be my desire that we get that we're willing to discuss as much done as we can starting at 8:30 in the morning too. I mean, I hate to piecemeal it, but if it's going to take that long, we need to do that. We need to just grind away at it until we get it all heard. - MR. ANDREWS: Did you mention the 27th? CHAIRPERSON RAWSON: Yes. The dates that we were looking at were the 22nd, the 23rd until 3:30, the 27th, the 28th, the 29th, the 30th until 3:30. That's when I'm available, and I understand that my attorney and Mr. Hazzard could be available on those days as well. SMR. HAZZARD: What was the second set of days? The 28th through what? Page 8 December 12, 1996 16G is CHAIRPERSON RAWSON: Well, actually the 28th it won't be good, because this is the county commission's day; so we can't probably do it on the 28th. MR. HAZZARD: Oh, I suspect they'd give it up for this. CHAIRPERSON RAWSON: I don't think so. MR. ANDREWS: I wish they had joined us. CHAIRPERSON RAWSON: I think any day but Tuesday. MR. HAZZARD: Got it. The 29th through the 31st. CHAIRPERSON RAWSON: So the 27th, the 29th, the 30th until 3:30, and I apologize. I'm the one that has to leave at 3:30 because I teach a class in Fort Myers. MR. MANALICH: I think, you know, we're open to that. We're extremely disappointed, as is everyone else, that it can't be done this month; but we understand. However, I'd like to hear from Mr. Hazzard at this point with regard to -- if we're going to do this in January on those days, his position with regard to starting over with the full board, and then this -- these problems certainly will not occur again. MR. ANDREWS: He told us he didn't want to do it. MR. HAZZARD: I think I've already stated my position with regard to starting over with the full board. I am not about to dictate to this board what the board should do. My position is that that we believe you should not start over with the full board. If this board decides to do that, my clients will deal with it +appropriately. MR. ANDREWS: Mr. Chairman, the -- well, there's not a quorum here either, but - -.but for -- for a start, the 27th and the 30th of January, I -- I'm free; so -- C�iAIRPERSON RAWSON: Thank you. Let me ask our attorney a question. Mr. Kowalski and I have been reading some case law and trying to ascertain whether or not, first of all, if I have the right to make that decision about whether we start anew the new board. And do you have an opinion for the board as to whether or not I have the right to make that decision and whether or not it would be prop er to do so? MR. KOWALSKI: Well, that -- that actually invokes - _ that invokes two issues. One is, who has the authority to make the decision, and the other would be the -- the merits of the decision. I -- I am reluctant to conclude that the chairperson alone can make that decision, and remember we don't have a quorum here today. CHAIRPERSON RAWSON: Correct. I -- I don't want to make it alone, and I don't have enough to vote on that decision. MR. KOWALSKI: I don't know if you want to proceed along these lines, but I -- I do believe that it would not be unlawful to convene the meeting if -- if you piped Mr. Allen in by telephone to establish the quorum. I don't know if that would help you or solve your problem, but I think that the board would be authorized to make that decision rather than the chairperson. We haven't addressed the merits of that decision. CHAIRPERSON RAWSON: Well, obviously, I'm going appealable ® very cognizant of not making a mistake in law that would d be Page 9 December 12, 1996 16 G Wn the wrong issue. MS. MCEACHERN: Madam Chairman, I'd like to add something here. Although Mr. Hazzard has said that it is his client who will be prejudiced by starting over, we also would be prejudiced by that, because he has had the benefit of listening to three of our witnesses. Most of our evidence is out, and we know nothing about his case. So these delays -- our position is -- have continually benefited him and have continually damaged the county's case severely -- I'm speaking, Mr. Hazzard. MR. HAZZARD: I'm just waiting. MS. McEACHERN: The concern is if we start again, tomorrow, we begin to piecemeal this tomorrow, again, that -- and we only have a half a day, there -- with the four, there is no guarantee that when we come back in January with just four that we will have four; and -- and it is -- and, again, the county would be prejudiced, because we would be piecemealing it here and there, and -- CHAIRPERSON RAWSON: So what are you suggesting? MS. McEACHERN: Well, I'm trying to put our concerns on the record. I think that the county -- although I think that we would be prejudiced by starting over with a full board -- and there are days in January, and there's a week in February. I don't think we want to cto that long, but we could start over with a full board, and I just -- you know, ultimately, I think the call is Mr. Kowalski's call, what we do. But there's no guarantee if we go tomorrow with just four that then the next day that we schedule that we're going to have four ® again. CHAIRPERSON RAWSON: So are you saying that you don't urant to go tomorrow for half a day? MANALICH: What I had said earlier was that if we could bring the matter to conclusion before the first of the year with the four, then we were in favor of that. But from what I'm hearing, it doesn't appear that that will occur. Given those changed circumstances we now have, the incessant problems of convening these four for a quorum, we think the better course is, beginning in January, to start over with the full board and pick the days in January with the full board to bring it to conclusion. CHAIRPERSON RAWSON: Well, that's two issues; so let's discuss each of them separately. Let's talk about whether or not it's the pleasure of the two attorneys to go forward tomorrow with the four board members that we have, and then continue it to January; or would it be better to continue it to January, and then have some continuity in the testimony? Mr. Hazzard, let's just talk about that one before we talk about whether it's the four of us or the full board. MR. LAFORET: If I could throw in two cents' worth. You better add two days to the hearing. If you agreed to pass transcripts and the two -- and two of the other members are included in the full board, you're going to add two days to the hearing. Go ahead and laugh. You know exactly what I'm talking about. CHAIRPERSON RAWSON: Mr. Hazzard, what would be your Opleasure about whether or not to go tomorrow and continue to January, or would you rather just -- let's start again in January when we can Page 10 16G December 12, 1996 have some continuity? MR. HAZZARD: I'm concerned about the continuity problem; however, we're ready to go today and tomorrow. We can go forward at any time. CHAIRPERSON RAWSON: Since I don't have a quorum and we can't make that decision, I'm going to ask you guys to tell me what you want to do. I'll be here at 8:30 in the morning if you want me here. MR. HAZZARD: Again, I -- I am hesitant to be accused of directing this board's agenda. If the county attorneys say that they want to be here tomorrow at 8:30, I'll be here tomorrow at 8:30, because it's on my calendar already. I don't have a better thing in this world to do. If the county attorneys say no for tomorrow, I'll sleep in. MR. MANALICH: I'll try to respond as clearly as I can for everyone's benefit. Our great preference would be to be here tomorrow at 8:30 and get on with this case. However, what we're concerned about is that we only have -- and this is my understanding -- strictly a half day, and what can be accomplished in that is very minimal. We have said previously that - -and we understand everybody is impacted by this, but we would be willing to be here on weekends, nights, any day of the week, whatever it would take to bring this matter to conclusion with the four members. However,* from the previous discussion, it appears very problematic, and- it's very understandable. These are the holidays. There's no doubt about ® that. It appears very problematic that this group of four can bring this case to conclusion before the first of the year. _ In light of that and in light of these unexpected circumstances that we continually encounter, we think that if this case cannot be brought to conclusion before January 1 with the four members, then we think that the better course for everyone is to begin anew in January with the full board and pick the days in January that will bring it to conclusion within January. Now, in saying that, obviously a concern arises to me, which is that the county had previously agreed with Mr. Hazzard that we would proceed with four members, but the reason I say that is because these are very unexpected, changed circumstances. I mean, this thing has been frustrated (sic) since the summer until now. And after what has happened these last two times, we think these are changed circumstances. We don't have confidence that this group of four is going to be able to bring this to conclusion in light of what's happened. And because of that, I am comfortable in telling Mr. Hazzard that I prefer to -- if this group of four cannot resolve it within December, to then bring the full board in, start anew, and resolve it with dates picked, sufficient in number, for everybody's time in January. MR. HAZZARD: Madam Chairman, it's very easy for the county to say let's conclude this all before December 31st throughout the holidays and such because the county's witnesses are all county employees, and if they tell them, you know, be here on Christmas Eve and come testify for this board, if that's the board's desire, those Page 11 16G December 12, 1996 'witnesses are going to be here on Christmas Eve and testify. From my clients' perspective, our witnesses are not our employees, and we've got people's -- you know, approaching the holiday season I think it's, frankly, just ludicrous to suggest that we're going to conclude this prior to the end of the year. Christmas is two weeks from yesterday. I know this board has plans but, frankly, I can't guarantee you that -- that my witnesses won't tell me to, you know, jump in a lake if I say next weekend you got to please come and -- and be in front of the Code Enforcement Board. So given that it's not going to conclude prior to December, my position remains the same. I'll be here tomorrow morning at 8:30 if that's what the board wants. I'll -- if the county attorney's office doesn't want that, fine. You know, we can reconvene on the dates that we decide in January. The issue of whether this board reconvenes as seven and we start over or not is something that I would look to this board to decide. My position is, I'm opposed. I thought that the county's position was that it was opposed from our conversations that we've had with Mr. Kowalski previously. If the county is changing its mind on that and this board orders the do -over process with a seven - member board, then my clients will take whatever appropriate response we determine after that order is issued. CHAIRPERSON RAWSON: Well, I -- I think that what I'm hearing is that you don't object if Mr. Mnalich's preference is that we find two days in January. So hearing that and --and not assessing ' either of you in trying to direct the agenda of this board but only trying to accommodate everybody, then we'll pick some dates in January certain. And whether we have the four -- and we can't make that _ decision because I don't have a quorum -- or whether we have the seven, given the nature of this case, I think Mr. Laforet is probably right. We better find three days. I'm looking at the 22nd, 23rd until 3:30, 27, 29, 30 to 3:30. Yes. MS. McEACHERN: It looks like even in January, the week thing in here at one. It's a of the 27th, I'm sure that there is some tax deed sale, and the utility authority meets in here at two, but I bet that we can get them moved out and start on Monday. And then Tuesday' ndsthen ther29th County Sowitlwoulde his be roo Monday -- CHAIRPERSON RAWSON: The 31st is not okay on my calendar. MS. McEACHERN: Oh, okay. And then there is a week in February. It would be -- CHAIRPERSON RAWSON: I didn't go that far. I'd have to call my office. I was hoping to get this thing concluded in January. MS. McEACHERN: Me too. MR. HAZZARD: Madam Chairman, you're available -- what' was your availability? The 22nd through the 24th? CHAIRPERSON RAWSON: The 22nd all day, 23rd until 3:30. MS. McEACHERN: Oh, okay. We could start, like, there ®and there (indicating), and then have that following week if we needed. We could probably even schedule four days. Page 12 December 12, 1996 1 6 G ®� MR. HAZZARD: Well, why don't we schedule the 22nd and 23rd until your stop time, resume on the 27th -- CHAIRPERSON RAWSON: Hopefully, we'll finish on the 27th. MR. HAZZARD: And then -- but we have the 29th, 30th, and 31st open still, and perhaps we could book the room and -- CHAIRPERSON RAWSON: Well, we have the 29th and the 30th until 3:30. The 31st is not okay. MR. HAZZARD: Okay. Right. MR. LAFORET: Could we treat this as an expedited case? And by that I mean, if we find witnesses that are repeating the testimony of previous witnesses, at least in arbitration, we have the right to stop them. If we find cross - examinations are fishing expeditions, we reserve the right to stop that. If you two would agree -- I don't know, but I think it might help expedite something. You're at a disadvantage, I recognize, because he's already presented all of his, but I'm thinking of expediting and getting it done. MR. HAZZARD: Mr. Laforet, any -- anything that the board wants to do to move the case along is fine with me. If you believe that a witness is being repetitive and has -- has, you know, said all you need to hear, you know, I invite you to voice that concern to the chair and -- and get a ruling at the time. I certainly don't have a problem with it. CHAIRPERSON RAWSON: Well, you know, I -- I want to give 'everybody their right to say whatever they want to say. Obviously, the Rules of Evidence don't apply. But I would have a -- a great comfort level if the two attorneys, being the skilled litigators that _ they are -- the three attorneys, would object if their testimony gets repetitive. Otherwise, you know, I can exercise my authority as the chair, and -- and I really don't want to do that. I don't want anybody to think that I'm shutting them up, but I invite the attorneys to listen carefully and skillfully use your objection powers when the evidence gets repetitive. MR. ANDREWS: We're making a full meeting out -- out of this thing. Let's make up our mind what we're going to do, and do it. I mean, this -- you know, this is ridiculous. You're not going to make everybody happy no matter how you work it. You never -- you never do. CHAIRPERSON RAWSON: Well, Mr. Allen (sic), that's probably the best suggestion we've had today. Let's -- I'm sorry. Mr. Andrews. Let's agree, then, to meet on the 22nd, the 23rd until 3:30, the 27th, and hopefully we'll reach a conclusion on the 27th. If you want to entertain the idea or the suggestion again at 8:30 on the 22nd that you have more than the four of us here -- you know, I guess we can't do it until then, because I don't have a quorum to make that decision today. If the four us are here, my suggestion would be that you utilize the fact that we're here, and you go on with your case. MR. MANALICH: Well, can't we, in. some manner, resolve today the issue of the full board, yes or no? I mean, we're requesting at this point the full board. Page 13 December 12, 1996 1 6 G 'i CHAIRPERSON RAWSON: Well, if you two can agree, we can. We can't vote. MR. ANDREWS: We can't vote. MR. MANALICH: Well, Mr. Kowalski I thought had said that we could link telephonically -- CHAIRPERSON RAWSON: Apparently, we can't do that unless we call him on a pay phone I am told. MR. ANDREWS: Well, we're playing games here. Come on. MR. MANALICH: Would this be something that we should discuss at any special meeting prior to the hearing date? CHAIRPERSON RAWSON: Well, I don't have any problem with that, and I'm happy to call Mr. Allen from'my telephone in my office later. MR. MANALICH: I believe Mr. Hazzard's position is that he's opposed to the full board and starting over. MR. HAZZARD: At the risk of being repetitive, yes, that's my position. MR. ANDREWS: I got you. I understand that. CHAIRPERSON RAWSON: The only way I think we can do that, honestly, is to convene -- and what we could do is we could do this at 8:30 in the morning, because I know Mr. Allen will be here. And then at that time I would ask our attorney to give us advice in terms of the legalities involved in our making that kind of call. We -- I know Mr. Allen will be here. He assured me he would be here at ®8:30 in the morning. My other two board members who are sitting here now have it on their calendar. It's on my calendar. So we could make that decision in the morning as to whether or not on January 22nd at 8:30 you will have the four of us or we will have the seven back. Now, we'll probably have a problem with all those calendars that we'll have to resolve too. MR. MANAL,ICH: Well, we'd prefer to bring that to a conclusion tomorrow so that we have a definite plan for the conclusion of this case, then, including who's going to participate. CHAIRPERSON RAWSON: Well, that's fine. Why don't we have the four of us convene in the morning at 8:30 for the sole purpose of making a decision as to whether or not the four of us continue since we've heard part of this case already, or whether the full board reconvene and this case either starts over -- that's one alternative -- or the other three read the transcript. You know, we'll entertain all those arguments in -- in the morning at -- at 8:30. MS. McEACHERN: Madam Chairman, if I could make another suggestion. In the event we did start over with the full board, we would need more than just the two and a half days we just reserved, and as a -- just an abundance of caution I would suggest that we go ahead, for today at least, and agree on maybe reserving more days in that last week of January. CHAIRPERSON RAWSON: Well, why don't we do that. Why don't -- everybody just mark your calendar, and let's alert the county �) coaunissioners' office that we're also looking at the 29th and the 30th until 3:30. Page 14 1613 December 12, 1996 40 MS. McEACHERN: Okay. Okay. CHAIRPERSON RAWSON: Well, is there anything else anybody wants to discuss? MR. ANDREWS: Why don't -- why don't they have the county rent us a room here so we -- since we're going to be here a whole week? CHAIRPERSON RAWSON: Well, I guess I didn't officially call this meeting to order since I don't have a -- a quorum, so I can't officially end it. But if we don't have anything else for the record, I'll see everybody back here in the morning at 8:30 for the sole purpose of ascertaining whether or not the four of us will continue to hear this case or whether we will have the full board contingency. MR. MANALICH: But in any event, we're planning to convene, whatever the decision tomorrow is -- with whatever that decision is, we are planning to convene on the 22nd? CHAIRPERSON RAWSON: The 22nd at 8:30, the 23rd, 27, 29, and 30th. MR. KOWALSKI: And as everyone knows, we haven't had an opportunity to coordinate those dates with Mr. Allen, and that can be done tomorrow, I assume. CHAIRPERSON RAWSON: He'll be here at 8:30. MR. KOWALSKI: So I would think that -- that if you -- if the decision is to go ahead without the other three members, obviously those dates would have to be agreeable to Mr. Allen or you ®can't proceed naturally. MR. ANDREWS: Supposing that -- supposing that he can't get out for some -- one reason'or another, then -- then what do we do?*'*-Jiist come down here for another trip? CHAIRPERSON•RAWSON: Well, I would hope that he would be as courteous as to call me since he -- and I think he will. He has the last couple of times. I think I would know that, and I would alert everybody immediately so that you wouldn't have.to come down here for nothing. MR. ANDREWS: Okay. But he -- in other words, you know, flying -- flying and that -- that island country down there, a lot -- a lot of things can happen; so you're -- you're depending an awful lot on a -- for a lot of people, and -- you know, this is -- this is -- it just seems to go on and on. I don't understand. It took us five years to play around with this damn thing, and then all of sudden it's the most important thing that ever happened. CHAIRPERSON•RAWSON: I'll see everybody at 8:30 in the morning. E_ Page 15 16G December 12, 1996 (Proceedings concluded at 9:41 a.m.) COLLIER COUNTY CODE ENFORCM4= BOARD M. jjiK Rawso , Chairperson TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT REPORTING BY: Barbara Drescher Page 16 16G -December 13, 1996 " TRANSCRIPT OF THE MEETING OF THE � � �!�I�iST_�w��► �i:Ti��7�7 Naples, Florida, December 13, 1996 LET IT BE REMEMBERED, that the Collier County Code Enforcement j Board met on this date at 8:35 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRPERSON: M. Jean Rawson Jim Allen Mireya Louviere Celia Deifik Louis Laforet Richard McCormick ABSENT: Charles Andrews �ILLSO PRESENT: Ramiro,Manalich, Chief Asst. County Attorney Shirley Jean McEachern, Asst. County Attorney Maria E. Cruz, Code Enforcement Specialist Vince Cautero, Community Development and Enviromental " Services Administrator Linda Sullivan, Code Enforcement Director Frank X. Kowalski, Esq., Attorney for the CEB William Hazzard, Esq., Attorney for LBBPOA • Page 1 16G - December 13, 1996 t) CHAIRPERSON RAWSON: We'll go on the record now. The Collier County Code Enforcement Board will come to order. Let's have the roll call starting with my left. MR. McCORMICK: Richard McCormick. MR. LAFORET: Lou Laforet. MS. DEIFIK: Celia Deifik. CHAIRPERSON RAWSON: Jean Rawson. MS. LOUVIERE: Mireya Louviere. MR. ALLEN: Jim Allen. CHAIRPERSON RAWSON: For the record, Charlie Andrews, our other board member, called me this morning at 7:30, and he is ill and cannot be here today. Fortunately, we have the rest of the board here today; so we can at least have a quorum. I realize, of course, that he's one of the four that was hearing the case of Board of County Commissioners versus Lely Barefoot Beach Property Owners' Association, but he is unable to be here today, which sort of points out our continuing frustrations with having a four- person board hearing something. He apologizes, and I believe he's really ill. So the purpose of the meeting today, as announced yesterday, is to ascertain several issues. And you attorneys can correct me if I'm wrong, but I think the issues are: number one, whether the seven - person board will hear this case or whether you want to go back and have the same four - person board -- that's been a problem getting all four of us together -- continue to hear the rest of this case. And assuming we get past that first issue, the second ®+issue would be whether the board that hears it is going to start over, if it was the seven - person board, or read the transcripts from the first day's testimony and that I'm sure we'll have legal opinions from each side on both of those issues, and the board's attorney will advise us as well. So the county, I guess, we'll start with you, your position on those issues. MR. MANALICH: Good morning, Madam Chairman, members of the board, opposing counsel. For the record, Ramiro Manalich, chief assistant county attorney, along with Shirley Jean McEachern, assistant county attorney. I had been requested by Miss Sullivan that either Mr. Cautero, the development services director, or herself could make a brief comment prior to my beginning, if that's okay with the board and opposing counsel. MR. HAZZARD: I object. I have absolutely no idea what the -- the purpose of this would be. If it's related to this case, then I would suggest that we get on with the matter that's before the board on this case today in the method that we anticipated doing it yesterday. If it's unrelated to this case -- and certainly the board .needs to hear from these folks in relate -- in relation to some housekeeping matter -- then certainly the board should hear it. MR. MANALICH: I think it's in relation to the scheduling of this matter; is that correct, Mr. Cautero? MR. CAUTERO: That's correct, Madam Chairman. CHAIRPERSON RAWSON: It's not -- in regard to the scheduling of this matter and those board members who were not here yesterday, be advised that we've found about five days in January to Page 2 16G December 13, 1996 ®,hear this case which we'll discuss later, especially if you're going to hear this case. But at any rate, Mr. Hazzard, apparently it has to do with the scheduling of this particular case. In view of that, do you still have an objection to his making a comment? MR. HAZZARD: Why don't we do it at the appropriate time after the -- the attorneys have done what it is that you've asked us to come here to do today. CHAIRPERSON RAWSON: Any response? MR. MANALICH: I think that's at your discretion, Madam Chairman, as you know, the limited nature of the request that Mr. Cautero has made. , CHAIRPERSON RAWSON: Well, I -- MR. MANALICH: Because I would just mention one other thing, which is under the ordinance, 92 -80, the code enforcement official, which he is the ultimate person in that regard as Miss Sullivan's supervisor, does have the ability to request of the chairman and the board matters of scheduling hearings. So I would cite that as my authority for him to begin this morning on that limited scope. CHAIRPERSON RAWSON: Well, in terms of scheduling this matter, you know, I'm -- I'm happy to hear what he -- he has to say; so why don't you go ahead. MR. CAUTERO: Thank you, ma'am. Vince Cautero for the record, community development and environmental services administrator. One of the issues that I talked with Mr. Manalich *about and my code enforcement staff was to attempt to resolve the matter as quick as possible, and I know that the board wants to do that as well. My recommendation to you would be to vote in the affiYzriative to allow the entire board to be eligible to be able to hear this matter. MR. HAZZARD: Madam Chairman, this is entirely out of :line. This is not about scheduling. This is an opinion of what the board should do, and this is an attempt to influence the board through Some sort of testimony by a county official. I would strenuously object and renew my objection to this line of commentary. CHAIRPERSON RAWSON: Well, in terms of your presentation of your argument to Mr. Manalich for or against the issue, whether or riot the full board or the four - person board, you certainly have the right to call him as a witness. Why don't we do it that way. MR. MANALICH: Mr. Cautero, do you want to proceed in that manner, or do you want me to simply address the board on the limited issues first and then return to you? MR. CAUTERO: Well, I just want to make a statement. My recollection from reading the ordinance is that this is not a court of law. This is a board under the direction of the Board of County Commissioners. And my frustration is becoming increasingly apparent, and I would just like to make a statement to this board and make a request. And if I can't do that in a very professional manner, then what is ray role here? That's all I'll attempt to do; so I'd like to ® proceed. MR. MANALICH: Why don't we swear him in then as a Page 3 December 13, 1996 r Oritness . G MR. CAUTERO: Pardon me? MR. MANALICH: I think the chairman has mentioned that CHAIRPERSON RAWSON: It's a good idea. MR. MANALICH: -- to have you sworn in. CHAIRPERSON RAWSON: To have you sworn in and identify yourself by name and position, and then say what you want -to say. THEREUPON, VINCENT CAUTERO, a witness, having been first duly sworn, upon his oath, testified as follows: DIRECT EXAMINATION BY MR. MANALICH: Q. Good morning. Please state your name for the record. A. Vincent Cautero. Q. Mr. Cautero, how are you employed? A. I'm employed by Collier County government as their community development and environmental services administrator. Q. In that capacity do you exercise supervisory function over Ms. Sullivan as code enforcement director? A. I do. Q. Are you aware that under Ordinance 92 -80 the code enforcement official, whom you supervise, has the ability to address the board and /or the chairman with regard to scheduling of code 1eenforcement matters? A. I am. Q. And is -- are you here in that capacity today? A'- Yes, sir. Q. Okay. Do you have a brief statement that you'd like to make regarding the scheduling of this matter? A. Yes, I would. I had a discussion with -- several discussions with my superior, Mr. Neil Dorrill, who has requested that I request of this board that the case be heard as soon as possible and brought to closure. And my request of you is to attempt to schedule this meeting either next -- this hearing next week or the first week in January and attempt to bring it to closure. Staff will -- will be available for all these hearings; I will see to that. And we will attempt to find a meeting room if this room is not available. The Board of County Commissioners has requested of me as well that the -- the hearing be brought -- be brought to closure, and I'm sure that you're aware of that, too, from your discussions with staff as well as perhaps what you read in the media. So I -- I would" just urge you to try to bring this -- this case to closure as soon as possible, and that's the nature of my request, and thank you for hearing me. CHAIRPERSON RAWSON: Thank you. Q. Do you have anything else to add, or is that all? A. That's all. MR. MANALICH: Okay. Madam Chairman, I don't know if *Mr. Hazzard has any cross - examination. Page 4 -December 13, 1996 16G MR. HAZZARD: I have just a few questions. CROSS - EXAMINATION BY MR. HAZZARD: Q. Mr. Cautero, you mentioned that the Board of County Commissioners has requested you to make this statement here this morning? A. No, sir. Q. Okay. What exactly was it the Board of County Commissioners had requested you to -- MR. MANALICH: Objection, Your Honor. That's mischaracterizing the testimony. I believe he mentioned the county manager. MR. HAZZARD: I distinctly heard you mention the Board of County Commissioners, did you not? A. Yes, I said the Board of County Commissioners. Q. And my question is, what is it that the Board of County Commissioners has requested you to do? A. The Board of County Commissioners wishes for the docket for the Code Enforcement Board to be cleared as soon as possible. Q. Okay. You also mentioned discussions that staff has had with members of this board, and what discussions were you referring to about that? MR. MANALICH: Objection. I don't recall that testimony either. Q* Do you recall mentioning discussions just a few moments .ago that staff has had with members of this board? A. Yes. Q. And would you please tell me what discussions you're r6ferring to that the code enforcement staff has had with members of this board? A. A conversation I had with Miss Rawson. Q. Is it your understanding that members of the Code Enforcement Board staff are allowed to communicate with members of this board about the subject matter of this case outside of the public forum? A. I was referring to my conversation with Miss Rawson. MR. HAZZARD: I have nothing further. Thank you. MR. MANALICH: Madam Chairman, redirect. REDIRECT EXAMINATION BY MR. MANALICH: Q. Mr. Cautero, your contact with Miss Rawson was in regards to scheduling; is that not correct? A. That's correct. Q. It was not about the substance of this case? A. No, sir. MR. MANALICH: Thank you. CHAIRPERSON RAWSON:, Well, I have one further question, azd that conversation that we had was five minutes ago in the hall Wanking into this room; is that correct? MR. CAUTERO: Yes, ma'am. CHAIRPERSON RAWSON: Thank you. Page 5 December 13, 1996 161; 0 MR. MANALICH: Madam Chairman, if I could then at this point just address the three issues you had mentioned allowing for Mr. Hazzard to re .,spond after that. Obviously you've heard from the code enforcement official supervisor regarding the need and the frustration -- regarding need for closure in this case, and obviously you're well aware of that. This matter has been pending since July of this year and for various reasons has still dragged on to this point. Mr. Andrews' illness today and the absence yesterday illustrates what we think amounts to impossibility of having this hearing with the four members. At this point we believe the proper course and what we would recommend to this board is tq reinstitute the seven- member board for this case. That will assure that we can achieve a quorum. In addition, we believe that the case should be commenced over again with presentation of witnesses from the beginning. However, anticipating objection from opposing counsel, what we would suggest to be maximum in fairness here would be that we Fellow, if that is opposing counsel's request, for the transcript of the one -day hearing that was held in July to be admitted into evidence in this case even though we're going to start over, and that transcript could be used by either side for impeachment or for substantive evidence, whatever is preferred. We would also echo Mr. Cautero's comments with regard to proceedings on this quickly, and we would suggest that next week, which is the week prior to the Christmas holiday week,-.would be the most appropriate and that we would suggest that would be the date. We ®believe, anticipating objection that was mentioned yesterday, that any prejudice here really washes out because, if anything, we believe the county was more prejudiced by this sequence of events than the respbrYdent. It is the county that is seeking enforcement. The respondent, I think, is quite happy with the status quo. The county has waited patiently. In addition, in -- in an evidentiary regard, the county has, I think, been, if anything, more prejudiced because we are the ones that our case in chief was revealed. The only thing that I think opposing counsel has lost is possibly some cross - examination, and we're even willing to allow that to come in as it originally occurred through the transcript. So we believe -- and Mr. Kowalski and Mr. Hazzard will have to respond on the case law, but we would cite two cases that have been shared among all of the counsel here this morning, and that is Veasey versus Board of Public Instruction of Palm Beach County found at 247 So. 2d, 80; and Sheffey versus Futch found at 250 So. 2d, 907, for the point that these cases hold that even when board members are absent for a case, they could even review a transcript and based on that transcript reach a decision. Here obviously we're not even going that far. We're saying let's just start anew and have all the board members listen to this. Thank you. MR. LAFORET: Counsel -- MR. MANALICH: Oh, one other comment. MR. LAFORET: May I ask Mr. Cautero a question? I realize that -- may I ask him a question? MR. MANALICH: Let me just -- yes. That will be up to Page 6 16G December 13, 1996 Whe chairman, Mr. Laforet. MR. LAFORET: Mrs. Chairman. MR. MANALICH: If I can just make one other point and then get out of the way -- CHAIRPERSON RAWSON: Go ahead. MR. MANALICH: -- which is I want to emphasis, because these cases do address -- at least the Veasey case does address moving forward on transcripts or otherwise when there's a case impossibility, and we believe impossibility has been met here because we have had now the passage of six months of time. We've had two attempts at a quorum with four members, and additionally today we have another illness. So we think that the impossibility has been shown. Thank you. CHAIRPERSON RAWSON: Thank you. Mr. Laforet, why don't you go ahead and ask the question of Mr. Cautero. MR. LAFORET: Mr. Cautero, if I understand you correctly, you're suggesting, proposing, that we have seven members on the board to avoid any problems in the hearings. We had seven members on the board, and the reason we're having problems in hearing is three of them didn't show up -- MR. CAUTERO: I realize that. MR. LAFORET: -- which only left us four. MR. CAUTERO: I understand. And I've been told by the attorneys that -- MR. LAFORET: So -- ' MR. CAUTERO: I'm sorry, sir. MR. LAFORET: All right. Now, that being the case, I hope you're not criticizing the efforts of the remaining four of us to expedite this case and do it as expeditiously as we could. We did the veYy best we could, for your information. MR. CAUTERO: I'm criticizing no one. All I'm saying is that the attorneys have advised me that up until today the discussions were centered around the original four members who were here for the original Lely case. MR. LAFORET: Now, do we have -- MR. CAUTERO: And what I was attempting to do was support Mr. Manalich's recommendation that the entire board be eligible to hear it, and that's -- that's all I'm saying, because four members only heard it in July, and-due to some -- due to legal concerns that I've been told, those four people were only eligible to only hear it yesterday and the month or two prior, and at those two meetings a quorum was unable to be reached. Seven -- if the entire board is eligible to hear it, which is my hope that you'll do, hen you won't have a quorum problem. But I'm criticizing no one. I will tell you that the Board of County Commissioners is criticizing me, though. MR. LAFORET: But then do we have any assurances that the thing won't reoccur with the same three members that created the situation in the first place? MR. CAUTERO: No. You don't, but if you have seven ® eligible, you can get four. MR. LAFORET: Thank you. Page 7 December 13, 1996 lit MS. LOUVIERE: I am totally confused because a while back this issue was discussed by this board, and this board voted that all members should be allowed to vote on this matter, that we would review the transcript, and we would all have a voice on it. There was concerns from this board, specifically me, as far as getting four people together. We all want to resolve this. And I'm with you; the whole board needs to hear this. CHAIRPERSON RAWSON: Well, let's hear from Mr. Hazzard. MR. McCORMICK: Let me ask a question before Mr. Hazzard -- not to cut him off, but can somebody -- maybe I'll ask our chair first or our counsel. Tell me where we are with this case. CHAIRPERSON RAWSON: We've only heard one day -- MR. McCORMICK: You only had one hearing, and that was in July? CHAIRPERSON RAWSON: Correct. We've had one day of testimony, and that's it. We've been unable to meet the quorum of the four of us on every subsequent occasion. MR. McCORMICK: Which means we had opening statements and a couple witnesses? CHAIRPERSON RAWSON: Correct. And we have a transcript, typed transcript, of that. MR. McCORMICK: Okay. MR. HAZZARD: Madam Chairman, I'd like to begin by calling Miss Sullivan as a witness. Would you swear the witness, please. THEREUPON, LINDA SULLIVAN, a witness, having been first duly sworn, upon her oath, testified as f 0112), 's : MR. MANALICH: Madam Chairman, before opposing counsel begins, I would take the position that I have no objection to Miss Sullivan being called for a witness provided that it is for the limited scope of the matter of scheduling, just as Mr. Cautero was called with that limitation. And I'd'ask opposing counsel if he could make a brief offer of proof as to what it is that he's seeking from this witness. MR. HAZZARD: It -- it certainly relates to the issues that are at hand before the board this morning. CHAIRPERSON RAWSON: Well, I think Mr. Manalich referred to scheduling issues. I guess the only issue, really, before us right now is whether the four or the seven -- MR. HAZZARD: Well, Mr. Cautero has suggested that the board start over with seven members, and I'd like to explore that with Miss Sullivan. MR. MANALICH: No objection to those areas of inquiry. CHAIRPERSON RA;^:SON: Fine. MR. MANALICH: Thank you. DIRECT EXAMINATION BX MR. HAZZARD: Ask Q. Miss Sullivan, could you state your position with Collier County, please. Page 8 16G 41 14 OZ December 13, 1996 1 6 G A. I'm the Collier County code enforcement director. Q. Miss Sullivan, in that capacity are you familiar with the codes of Collier County that govern these proceedings? A. Yes, sir. Q. And is it your office that has issued the notice of violation that's at question in these proceedings? A. Yes, sir. Q. Is there anything, to your knowledge, within the codes that govern these proceedings that calls for a start -over process? A. No, sir, there isn't, but I don't think there's anything that prohibits it either. Q. Is there anything within your knowledge of the codes of -- of Collier County that govern this proceeding that allows your office to withdraw the notice of violation that has been filed in this case, refile it, and bring it in front of a seven - member Code Enforcement Board anew? A. Again, I don't know whether -- I don't think it's prohibited. I think it's -- it's a -- probably a -- a matter of law, which I don't think anybody's been able to resolve this -- this issue of the seven- or four - member board. Do you have any -- Q. Well, I'll ask the questions while you're under examination, if you don't mind. But why have you not simply -- if -- if it's Collier County's desire to proceed in this case anew with a seven - member board, why have you not withdrawn the pending notice of violation and 4simply issued a new one and save us all this problem? A. I don't see how that would solve the problem legally, Mr. Hazzard. I don't think it's necessary. -Q. -" Wouldn't withdrawing the current notice of violation and issuing a new one bring this matter in front of this board, all seven members, anew, fresh from the start? A. I don't have an answer to that. I'd have to consult our attorney on that. MR. HAZZARD: I have no further questions for Miss Sullivan. Madam Chairman -- CHAIRPERSON RAWSON: Based on those questions, I should probably, before you give your statement, ask Mr. Manalich if you have any cross - examination of Miss Sullivan. MR. MANALICH: No, thank you. CHAIRPERSON RAWSON: Okay. Mr. Hazzard. MR. HAZZARD: Madam Chairman, I think I'll begin with addressing Ms. -- is it Louviere? Am I pronouncing your name properly MS. LOUVIERE: It's Louviere. MR. HAZZARD: -- Miss Louviere's comment concerning why is it that the board is not simply coming to hear this -- this matter as a matter of course, and that, frankly, is because when we initially heard this case in July when there were only four members present. Counsel for the county at that time, Mr. Bryant; myself; and the members present agreed trhat we would continue that case with the four *members and that the four members would see that case through to Page 9 December 131 1996 6 G ,wonclusion. And it's simply my position that an agreement is an agreement. It was an agreement among counsel and this board, and we should follow through on it. Now, it's not surprising to me that the county wants to renege on that agreement. You will see as you examine this case that it is full of agreements that the county has reneged on MR. MANALICH: Objection. Objection, Madam Chairman. MR. HAZZARD: -- but I believe -- MR. MANALICH: Objection to reference -- MS. LOUVIERE: Let's just stick to the subject. MR. MANALICH: Madam Chairman, I would object and move to strike the last comment regarding the county's conduct in the case in•chief and the substantive matter. I have no problem with opposing counsel referring to matters of the composition of this board, but matters of the substance of the case, I don't think, are appropriate at this time. CHAIRPERSON RAWSON: This is, Mr. Hazzard, opening statement or argument, legal argument, if you will. And I think the board is intelligent enough to be able to focus on the issue, and the issue is only whether a four - person or a seven - person board should hear this case. So if you would confine your remarks just to that issue, please. MR. HAZZARD: Yes, Madam Chairman. So I believe that a four - person board should hear this case, because it was committed among counsel and this board that a four - person board would hear this .Case. We would be done with this issue had -- on July 25th had we said let's come back in August at the regularly scheduled board meeting and see who's here and conduct the hearing, and then let's come -rack at the regularly scheduled board hearing in September if we're not done and conclude there. And if we're not done in September, let's come back at the regularly scheduled board meeting in October. And I find it incredible that this board is being criticized or that Mr. Cautero is being criticized by any member of the county commission, because this board is comprised of volunteers who have committed to be here on a day a month to hear these cases and to think that we need to move everybody's schedule around and try to match seven people's schedules next week, the week before Christmas, not to mention the difficulty that I'm going to have getting my witnesses present. As I mentioned yesterday, the county's witnesses seem to be chiefly county employees. The county attorney call for those witnesses to be present, and they're going to be here. My witnesses are not employed by me, and they're not employed by my clients, and .they come on availability. And I need some notice to those people to let them know, if they can, when to block out their schedules so that they can come and testify in front of this board. Now, in terms of four or seven, my argument is entirely a deal's a deal, and I would expect this board to -- to respect the integrity of that deal. But the case that Mr. Manalich mentioned, Veasey versus the Board of Public Instruction, discusses situations of impossibility and the kinds of impossibility that the -- the case Page 10 16G December 13, 1996 ,discusses, what if a board members dies before a final decision is reached, but after six months of testimony? Must the new board start over? This is hardly likely. Well, I would agree, of course not. That would be ridiculous. But we don't have a situation of impossibility here. Each member of this board has the regularly scheduled meetings of this board blocked out on their calendars. And if we schedule this hearing to resume at the regularly scheduled meeting of this board in January, you're going to be here and you're going to hear testimony. If we don't conclude in January, then we come back at the regularly scheduled meeting in February. Now we have tried yesterday to juggle a number of calendars and the room calendar, and we have found some dates in January that are -- that are back to back or pretty close to back to back, and I am willing to go forward with those dates that we discussed yesterday. But I believe that the criticism aimed at this board for being unable to show up under extraordinary circumstances is unfair, and I do not think that we have a situation of impossibility that says we have to scratch everything that's gone on and -- and start over. Now, an additional reason why we don't need to start over. I believe that it is perfectly appropriate if you determine that seven members of the board should continue the case. I believe it's perfectly appropriate for those members of the board who are adding in to read the transcripts, to review the exhibits, and not put my clients through the expense of repreparing for the first day of `hearing that we had back on July the 25th. If you do decide to start over, then I would respectfully request that the county pay the costs that my clients have incurred thus far, because it's certainly not my client's fault that we need to start over. We're willing to resume the hearing from where things left off July 25th and count on the members of the board to get up to speed, if you will, by reading the transcript and reviewing the exhibits. We do not think there's any cause at all to move this case next week. And personally I cannot appear the first week of January, because I have a five -day jury trial that starts on January the 7th, and I owe it to the client that I am representing in that case to spend that first week in January preparing. Thank you, Madam Chairman. MS. LOUVIERE: Can I ask a quick question before you leave the podium? MR. HAZZARD: Yes, ma'am. MS. LOWIERE: ur ultimate oal in this �ffase ? MR. HAZZARD: My ultimate oal is to reso ve this and get i t back int e court ouse across a stree e it belongs. MS. LOUVIERE: Okay. Resolve this case. MR. HAZZARD: Absolutely. MS. LOUVIERE: So you shouldn't -- even though you haven't got -- you haven't been able to resolve it in the past, you should be totally open to have as many people listening to this case ® and vote on it and resolve it. MR. HAZZARD: And as I expressed, if it is this board's Page 11 16G December 13, 1996 ®tleasure to add additional members, then we would like to do that without bringing the four members that were present in July through a rehash of the first day's testimony. MS. LOUVIERE: I just wanted to hear you say that. MR. ALLEN: Mr. Hazzard, I've got a question, please. MR. HAZZARD: Yes, sir. MR. ALLEN: In the event the board finds that we don't take your side and we -- and we choose the county's side -- MR. HAZZARD: Yes, sir. MR. ALLEN: -- okay, would you appeal this? MR. HAZZARD: Absolutely. MR. ALLEN: So you're wasting our time. MS. LOUVIERE: Yeah. MR. HAZZARD: Let me please address that. I filed a case in the Circuit Court of Collier County in January of 1994 about this subject. Fourteen months later the Collier County Code Enforcement Board filed this notice of violation and brought this procedure to you. It is not my client's desire to be in front of this board. As I said in my opening statement, the only reason we are in front of this board is so that Collier County can gain some sort of advantage or upper hand that they have cooked up in the court case -- MR. MANALICH: Objection -- MR. HAZZARD: -- that is going across the street. MR. MANALICH: -- argumentative. MR. HAZZARD: Well, it was in my opening statement, and 10you read it there then, and I will count on you to do that. But it is not my client's choice to be in front of this forum. Fourteen months prior to getting in front of this forum, we were in the courthouse in C61Tier County across the street, and that's where we belong. Am I wasting this board's time? I didn't bring this hearing, sir. Collier County brought this hearing. If the board's time is being wasted, it's being wasted by Collier County. CHAIRPERSON RAWSON: Can you tell us the status of the civil case? MR. HAZZARD: The civil case, the county filed a motion to dismiss. It was denied by the judge in May of 1994. The Collier -- the county responded by filing a -- a second motion to dismiss, and argument on that motion has not been heard. The State of Florida has intervened in the case. It's sued both my clients and -- and Collier County, and it's complained an intervention. It's a pending court case. Depositions are going on. You know, the status is ongoing. . CHAIRPERSON RAWSON: Thank you. MS. LOUVIERE: So whether -- whether a four - member board or a seven - member board hears this case, you intend to appeal our decision? MR. HAZZARD: Well, does your statement preassume -- assume in advance that you're going to find against my clients? MS. LOUVIERE: No, of course not. Why would you assume ® that? MR. HAZZARD: Because you asked me if I intend to Page 12 December 13, 1996 16G &ppeal, and that's something that, frankly, I don't have an ability to decide at this time unless I know the outcome. And, of course, you know, I guess it's a common misconception among folks that you automatically get to appeal things. You have to have some basis for appeal, and if there's a basis for appeal and the decision goes against my clients, then I would certainly avail my clients of all the -- all the remedies. MS. LOUVIERE: All right. Thank you. I don't have any D4, MR. ALLEN: One more comment, Mr. Hazzard. I really sincerely apologize for yesterday. I was really stuck in a scenario that -- the only pump truck in the Bahamas broke down Monday morning. MR. HAZZARD: I understand. MR. ALLEN: Anyway, flying back home last night, I put a pencil to what it's actually going to take to move the guardhouse. MR. HAZZARD: Yes, sir. MR. ALLEN: And the real money to pick the guardhouse up and move it back to where it should be moved is $11,800. MR. HAZZARD: There's a question of where is that place that it should go. MR. ALLEN: I'm just saying this little bit -- amount of money to move that guardhouse where it could be legally positioned, okay, is probably less than the attorney fees. So I mean -- MS. LOUVIERE: Always. .� MR. ALLEN: So, I mean, I'm just trying to look at a Othing rationally saying if the remedy is cheaper than the fees, why not do the remedy. MR. HAZZARD: Sir, our position is that it is legally posi -tioned where it is today. Do you have a different position? MR. ALLEN: Yes, sir, I do. According to the PUD, it's not where it's supposed to be. MR. HAZZARD: Well, I'm very concerned to hear that that's your position without my clients even being able to put forward any evidence in this matter. Does anyone else have any questions for me? MS. LOUVIERE: $11,800 to move it MR. KOWALSKI: Excuse me, Madam Chairman, I was under the impression that the purpose of the argument here this morning related to whether four or seven members were going to hear this matter. CHAIRPERSON RAWSON: That's correct. And -- and we'll limit our comments to that. _ Before I ask Mr.- Manalich if he has a response in rebuttal, let me say this: I would like to divide these two -- two issues. The first is whether we're going to have the four - person or the seven - person board. Then having that one decided, then we'll talk about and vote on whether or not we're going to start over or whether or not we're going to review the transcripts. I think that's a separate issue. And then just one final comment to Mr. Hazzard. This board doesn't have as much authority as you might think we do, and we Page 13 16G December 13, 1996 If�lon't have the authority to order costs. I appreciate your argument, but we don't have that authority. MR. HAZZARD: It's certainly a fairness issue that I'd like this board to keep in mind, the costs associated with starting over, I mean, my client has already spent to come here on day one. Finally, Madam Chairman, I would simply like to point out to the board that no one has given you any legal authority for this starting -over theory. CHAIRPERSON RAWSON: Well, I understand. MR. HAZZARD: No authority as a do -over -- CHAIRPERSON RAWSON: I understand. I'm going to..ask our attorney to help us with that in a moment. MR. HAZZARD: Thank you. CHAIRPERSON RAWSON: But let me ask Mr. Manalich if he has anything in rebuttal. MR. MANALICH: Indeed, I do, a couple of things. First of all, we have requested the seven - member board because we believe that under the Veasey case and the other case that I cited, we have reached in de facto impossibility here. When you look at the passage of time, the efforts made, the illnesses, etc., we do think we meet that legal test of impossibility. And, again, I would repeat that we don't believe there's really any significant prejudice that doesn't balance out for both sides if we have the seven versus the four. Secondly, I think we can perhaps expedite this. I thought I heard opposing counsel say that he was willing to move .`forward on the transcript with the seven. If that's a stipulation he's willing to enter at this time, we're certainly willing to do that. ---- -MR. HAZZARD: Madam Chairman, my statement, just so we're clear, is that I believe that the agreement was to proceed with four members, and the county should honor that agreement. However, if it's this board's pleasure to proceed with seven members, then we believe that it would be a waste of four board members' time and effort and my client's time and money to do a rehash of day one. We should proceed -- if it's -- if the choice is seven, we should proceed with the additional three people counted on to get up to speed on the case, read the transcript, review the exhibits, etc. CHAIRPERSON RAWSON: I understand your position, Mr. Hazzard. That's why I think we should divide those up, and we're going to vote on them separately. We'll start with whether it's going to be four or seven. I guess the answer, Mr. Manalich, is there's not a stipulation of seven people here. MR. MANALICH: Well, in any event, we're willing to be .as accommodating and flexible as possible. And we are willing to limit the evidence here in terms of the first day of testimony to be had through the transcript. We would pick up the hearing with the redirect of Dennis Mazzone -- CHAIRPERSON RAWSON: Well, let's do this -- MR. MANALICH: -- with the seven. CHAIRPERSON RAWSON: Let's vote on the first, and then •naybe you guys can reach a stipulation depending on what the outcome Page 14 December 13, 1996 16G Pthe vote is as to the second issue. MR. MANALICH: Okay. I had just one other point that relates to that. Mr. Hazzard mentioned the agreement that was made by Mr. Bryant, our predecessor counsel. And I think at the time that certainly, in order to avoid this type of, you know, discussion, I think given that we had the first day of hearing, it was certainly reasonable at that time to enter into that agreement. However, I would submit that as a matter of contract law, impossibility and changed circumstances have changed the underlying basis for that agreement. You now have a situation here where everybody is being stymied in this process, both Mr. Hazzard's ability to attain justice, as well as the county's. So we think there are significant impossibility and changed circumstances to warrant that agreement no longer being in effect. I mean, it was held in effect for six months and over three attempts. So our -- I guess you wanted, Madam Chairman, to first address the four- versus seven - member issue. CHAIRPERSON RAWSON: I think so. MR. MANALICH: And as stated, it is our request, and we move to have the seven, -nO we'll address the issues further after you vote on that. CHAIRPERSON PI.WSON : Thank you. MR. LAFORET: Shouldn't you -- CHAIRPERSON RAW�ON: Before we get into a discussion about whether or not we're going to have the four - person board or the seven of us hear, we're not going to determine whether or not we're Only tarting over or whether or not we're going to read the transcripts, whether or not seven persons has the right to hear a case that's already started and has already had one day of testimony heard among four.- ..But before we have that discussion, I'd like to ask our attorney, Mr. Kowalski, if he could shed any light on this for the members of this board. MR. KOWALSKI: I'll try to do that. As you know, this -- this issue has been lurking for some time now; so we have had the opportunity to -- to research it. I also have -- appreciate the input from both Mr. Hazzard and Mr. Manalich because I've -- I've shared the legal authorities that I've found with them and -- and had discussions with them to help me to form an-opinion to advise you. The authorities that I found were the -- are the ones that were cited by Mr. Manalich in his argument; that's Veasey and Sheffey. Both of those legal authorities . address the question of whether a member who was not physically present at a portion of an evidentiary hearing would be entitled to vote on the ultimate issue _ based upon having read the transcript. That appears to be the second question that you may or may not get to, depending upon your resolution of the first one. So let me address the first one only tangentially in relation to those authorities, and that is to say that those authorities imply that there would be a more strict standard of review. In other words, there -- it would be -- a court would look a,ore scrutinously at a situation where a board allowed members to O"eview a transcript and participate in a vote than the Court would if Page 15 16G December 13, 1996 ��he matter were to be recommenced, in my opinion. I think that the ecommencement of a hearing is -- is similar to a mistrial 'in the courthouse. I've been in situations where a mistrial has been created by error committed by the trial judge when it has been not invited in any way by counsel. And I would analogize Mr. -- the county's position here as requesting a mistrial based upon the fact that circumstances make it difficult or impossible to proceed with the four members. I'm not sure that the standard of impossibility needs to be rnet. I think the mere fact that it has -- if the board determines that it has become impractical to proceed with only four members, then I think that -- that you can -- you can either recom;aence or -- or continue at the point that you left off by reference to the transcript. And we'll discuss that issue if you get to it as the second issue. On the -- on the issue of contract law, whether there was an agreement to proceed with only four members, I think it would be fair to characterize that procedurally as a stipulation between the parties that both would be willing to proceed with four members tazlike a contract between two private citizens who have full authority to enter into an agreement that doesn't violate public policy. The parties cannot determine for this forum how many members are going to hear the case. That's the decision that the board had to make in July, and the board made it in part based upon the fact that there was no objection or consent by both of the parties '->efore it, but it's not a matter of contract between them. It's a atter of the decision of the board as to how it wants to proceed. • So based on all that, it would be my opinion that a seven - member board would be entitled to hear this case in one fashion or another. I think, though, although this goes outside the scope of the legal question I was asked, I think Mr. Laforet put his finger on a potential problem if you decide to utilize seven members. If I am taking his idea correctly, he -- he was suggesting, gee, we've had trouble getting four people here. If we have a seven - member board, are we going -- is it going to be easier to get those four members Plus three additional members here for each of the days' hearings? Arid if we don't, what's going to happen when it comes time for a decision and some of the seven members have not attended all the days' hearings? I don't know whether that is a question or a problem that you all want to consider when you make this decision. MR. MCCORMICK: I have a couple of questions for Mr. Kowalski. CHAIRPERSON RAWSON: That was going to be my next comment: Who has a question? Go ahead. MR. LAFORET: Go ahead. Go ahead. MR. McCORMICK: You said that it was the board's decision in July to hear this with four people. To me it seems that we've been here before. In August when the full board was back we discussed this; and I don't recall if we took a vote, but it seemed to men that the entire board was in agreement that it would be impractical +-o think that four people could carry through and hear a couple more Oys' testimony and all reach the same conclusion.' So the legal Page 16 16G December 13, 1996 /authority to me at that time -- it was common sense. It wasn't going o work, and we discussed that. And if I recall, you said that you didn't think that was the right course to take and that you were going to talk to the county and you were going to talk to Mr. Hazzard and you were going to advise us again as to whether we should have seven people involved or four people. Could -- what's transpired, and how did that get resolved, and why are we now looking at seven people? MR. KOWALSKI: That's a good question. At -- at the time that -- that I discussed this with both the county and the LAly residents, their counsel both opposed going to a seven - member participation. What has changed since then, well, number -- number one, is that the objection of at least one of those parties has been removed. Number two, continuing efforts to move this case along with only four members have been unsuccessful. In August we're talking about just one month after the hearing had commenced, and now we're five or six months down the road. The third thing that is changed is that at -- at that time we were looking at picking exclusively the option of -- of resuming where we left off and having the absent members review the transcript. And that was something that both the county and the residents particularly objected to, whether reading a transcript would enable somebody to develop a familiarity with the evidence sufficient to be able to vote. And our concern was -- was with that aspect of the procedure. The option of starting anew, I don't believe, was edressed at that time. So those -- those are the -- the changed rcumstances which lead me to -- to give you a little different guidance today than what I didn't know. -.MR-. McCORMICK: Thanks. That's a good answer. That clears it up. CHAIRPERSON RAWSON: Any other questions for -- MR. LAFORET: Counselor, are we bound in our board strictly to adhere to legal precedence? MR. KOWA.LSKI: This board's -- the procedure that the board uses in conducting its hearings are not the same strict procedures that a court uses when it conducts a hearing in the court of law. So strict rules relating to evidence and hearsay and things like that do not apply in this forum in the same way that they do in the courtroom. But -- but on a question of whether you are entitled to recommence a hearing, that -- you need to follow the law as scrupulously as possible, because those -- those involve the - constitutional rights of both parties to this action. And if the case law says that the constitution dictates a particular course of action for you and you do not follow that course of action and it is -- it is taken in front of a court to review your action, whatever you have done will be invalidated by the court on constitutional grounds. So the procedures that the boards use -- board uses are not the same as the court procedures, but the -- but the authorities of law regarding your constitutional obligations must be observed. . MS. DEIFIK: Are you saying that we have -- Page 17 16G December 13, 1996 MR. LAFORET: Excuse me. I haven't finished yet. MS. DEIFIK: Sorry. MR. LAFORET: Do I recall correctly that you cited a physical absence as being cause for reconsideration? It occurs -- I would like your opinion on this. It occurs to me that the only physical absence in all of these things has been one member of the board. The rest have been not physical, but business reasons. So part of the reasons for our delays and -- and continuances have been not physical, but a matter of choice, election, which is not a physical reason. And, secondly, nobody this morning has mentioned the principal reason for the delay in the hearing of this case is the inability to obtain prompt access to a hearing space. Now, that is the principal reason. Four of us or three of us showing up every other time could have finished this case by now had facilities been available for us to meet in. The reason there's been one -month delays, six -weeks delays is because we didn't have anyplace to meet in. So I would appreciate for the record -- just going on the record and thank you for your response. MR. KOWALSKI: I think those are sage comments. The -- the only modification or a comment that I would make about them other than to -- to endorse them, is to -note that where only three members arrived, you can't -- you can't convene a session because you don't have a quorum. But I don't think that that invalidates much of what you said, Mr. Laforet. MR. LAFORET: Thank you. ® CHAIRPERSON RAWSON: Any further questions for our attorney? _MS_ DEIFIK: I just -- one quick question. If we do decide to have a seven - member board, do we have the power to have everyone start over? I mean, that -- that question Mr. Hazzard raised, and it seems to me a valid question. MS. LOUVIERE: I thought we were going to just discuss first whether or not to go for the seven -- four- to seven - member board to hear this case, and then the second item we were going to discuss was going to be whether or not we could use the transcript or start again. CHAIRPERSON RAWSON: Well -- well, that's true, and that's exactly the way I said we'll vote on it. However, I think Miss Deifik's question probably should be answered, because it might help her in ascertaining how to vote on the first question. If we started over or read the transcript, what does the seven- person board -- assuming that would be this board's pleasure, what do they have the power to do? MR. KOWALSKI: My -- my opinion on that to you will be that neither side has the right to any particular judge, any particular forum, any particular members or number of members to decade a matter regardless of how it commenced and that when circ %uTstances make it impractical to proceed under the original basis, YOU can, at your option, either recommence from ab initio, from the inning, or you can pick up where you left off. And under the case Page 18 16G December 13, 1996 Outhorities I have found, the members who were not physically present t the prior hearing participate after having read the transcript. MS. DEIFIK: That -- I think that answers my question. I just have one other question that perhaps you can help us with as we go along. And probably the great God of lawyers will strike me dead as I say this, but it was statement was a good one _my understanding -- I think Mr. Cautero's g - that this is not a court of law and that, you know, we're getting too bogged down sometimes in procedural issues. I think we need to give both parties due process, particularly citizens who are, you know, confronted by the might of the county. But I would like to see us take the reigns and move things along more as a board, and that's where I'm looking for some guidance so that we don't drag. Do you understand what I'm saying? Cain -- do we have the power to -- to say we're not up in the minutia, that you might going to get caught circuit court? This is a board; let's cmovetalongn a federal court or MR. KOWALSKI: Well, all I can say is that -- s that when you get down to -- I think the wa y or where that arises would be in terms of the u i presentationsofaevidence move and the argument of counsel. I think that you're giving -- you are given more leeway as a quasi- judicial board than a trial court would be given in terms of moving -- moving matters along, know as an attorney, Miss Deifik, that moving the arguments And I -- co nyou along is is -- is a lot easier to do than moving the evidence sel along. But I would be happy to assist if -- at an 10,e both parties along in terms of the presentation pofnthencase. to MR. MANALICH: Madam Chairman, may I address the board. CHAIRPERSON RAWSON: Yes. MR.- MANALICH: Just briefly, to the extent it will assist this discussion and resolution of this matter, the county is willing to be flexible. We are willing, if you decide to vote for seven members, that -- we do want that, because we think we've reached the point here where we need to get on with this with a sufficient number of members here voting. But if you agree on the seven, we are willing to go forward on the transcript and not rehash the first day. We are willing to start over, if that's the board's preference. Whatever the board prefers, we will do. We are willing -- I believe opposing counsel is concerned about starting over as opposed to picking up the transcript. We think the case law and your own attorney advised that seven members could pick up that transcript, and we'd pick up the Presentation from where the transcript left off. CHAIRPERSON RAWSON: In view of the fact that Mr. Manalich has made a statement, do you have anything you want to say, Mr. Hazzard? MR. HAZZARD: I think I already stated my position on that issue, but I appreciate your offer. Thank you. CHAIRPERSON RAWSON: Any further discussion by this board? I 0`nk l thoould be e impressedeonnalltthiselegal talent I that we don't Page 19 16G December 13, 1996 � ake binding decisions. We make recommendations to the board, and it's the board of commissioners who cases already -- civil cases alread Y make the decisions. So in view of whatever we decide Pending, I have a feeling that it can be a decide, just or unjust, is garbage. In the first place, the ' by the commissioners. re going In the second place, Y to go to civil court anyway. So I can't see the emphasis on all this legal doctrine. I agree with great here. Let's do it and get it done.' Compatriot LaforMR. HAZZARD: Madam Chairman, I -_ I respect Mr. seriously the charge that Position on that. However, I would urgd this board to take you have in reviewing this case, to carefully review the transcript, if that's what happens, to review the exhibits, the testimony of witnesses, because what youudoy does matter, because it relates to standards of review that will be applied should this case be appealed by either side. believe that it's at this board's pleasure to hear cases. An I do d if you want to throw this one out and send us to the courthouse, we'd be glad to have you do that. MR. MANALICH: Madam Chairman, I won't argue my cause. I'll just refer to what was brought up, understanding of law on this is that and that is -- Mr. Laforet, my quasi- judicial body is Your decision here as a County Commissioners willlnot lbeoreviewin tthisecase. T the Board of go to circuit court if an g This case will d °cision is very Y side chooses to appeal. So obviously your _j The second thing in to that, I just want ng up something that occurred earlier, which is, I to know Mr. Hazzard had expressed a concern regarding comments that Mr, _ earlier-.-. And I just wanted to reemphasize with all oflthehboardde members, both on our behalf, and I think I speak also for Mr. Hazzard on this, which is I think we both would encoura e you mind about this matter. Wait to hear all the evidencetfromebo h open sides. Do not in any way predispose or both to hear this matter to its conclusion, andethensat thate with us when you're properly in deliberation, then form Point CHAIRPERSON RAWSON: Thank you, Mr. Manalich�ur conclusions. appreciate those comments. I was q I o board. And I do consider that thisboard'smdecisionsis verythe important, and I know that -- and I urge board members, whether it's four or seven, to take this very seriously, to listen to the evidence carefully, and to render a fair decision. And I'll probly again in the course of this hearing. Any further discussion ony that whether we have four or seven members? reiterating what I oul just comment that - Y - almost - and also what I believe we talked about in August, that we don't choose what cases come before us, but once they are here, it is within our arena and within our ability to hear them as -- as we see and to t resolution as we see fit, And I _ �' and bring them to our -• - I think that it's perfectly within 9* th °seven. it,sto_ -- to add on the other members of the board and Page 20 16G December 13, 1996 MS. DEIFIR: Is that a motion? MR. McCORMICK: It's not -- when I wake up in the morning and think of my things to do, this isn't usually on the list. But I'll make a motion that we have seven members of the board hear this case. MS. LOWIERE: I second it. MR. HAZZARD: Madam Chairman, can I just for a clarification - ' point of if seven - I m sure you don't intend to lead us into a bind that people are not here we can't go forward. CHAIRPERSON RAWSON: No, Mr. Hazzard. MR. HAZZARD: A full board and whoever is here at that time, is that more the gist of it? CHAIRPERSON RAWSON: I apologize to the court reporter because I know essence of the same time that think You were speaking. I be sure that I'm correct -- is that a seven- member sboard McCormick ibleo to hear the case rather than only the four who heard the first day of testimony. Obviously we go back to the rules and look and see if we have a quorum present and so forth. But we're only talkin eligibility here; is that correct, Mr. McCormick? g about MR. McCORMICK: yes, I'll amend the motion. CHAIRPERSON RAWSON: It's been moved and seconded that the full board be eligible to hear the case of Board of County Commissioners versus Lely Barefoot Beach Pro ert Inc., and Lely Barefoot Beach Masters' p y Owners' Association, ther discussion on this motion? Association, Inc. Is there any MS. DEIFIK: I'd like to second the amendment to the motion. CHAIRPERSON RAWSON: Thank you. MS. DEIFIK: That's for the record. CHAIRPERSON RAWSON: Is there any further discussion on that motion? If not, then I'll call for the vote. All in favor of the motion, signify by saying aye. CHAIRPERSON RAWSON: All opposed? MR. LAFORET: No. CHAIRPERSON RAWSON: The motion carries 5 to 1. I have to be careful about my mathematics and counting. The full board will be eligible to hear the case of Boardlof Countys. Commissioners versus Lely Barefoot Beach. Now, let's get to the next issue, which is whether this board starts over or whether this board reads the transcript from the first: day, being cognizant of the fact that all of the board members were not present on that first da stipulations or whatever the attorneysnwishltoetellt arguments this board. MR. HAZZARD: I'll rely on my previous statement. I think: my position is clear that take it from transcrit. MR. MANALICH: We are willing o and Proceed frOm where the transcript leftroff the transcript p :`e®CHAIRPERSON RAWSON: Fine. Then I'll consider that to stipulation between the parties that the members of this board Page 21 16G December 13, 1996 wranscripts 11 be provided with, if the 11 be r of that first full day not already been provided with, that transcript hazy careful) y of hearing and that the proceed forward from that dayy. and that they will be �' will read MS. LOWIERE: Prepared to information VI RE: Is itmePossible to ask for additional like a copy of the PuD, be more educated on this matter? I'd currently reflects where the also like a copy of the master PUD contains a master plan thatar�lectedswhere it was' Plan that located. - I m assuming the CHAIRPERSON RAWSON: Proposed to be this, all the evidence that ewas introduced on the first d testimony should be just say been already. rovided to all of the board members ay °f Y. And I think some of the things that she's �rif it hasn't probably already in evidence; is - MR' HAZZARD: Madam Chairman, itsiShat not correct? questing is from the first day of hearing, I provided notebooks lthataconta' various exhibits to the to the board m I have identical notebooks for those two board memo were in three board m embers here and embers here today who were not give those to you before we leave so that Present July thth. I'll you In addition, Madam Chairman, I _ u can review them. upon the board members if there is somethingninithe transcript as o read it that's unclear, I don't think that Prohibited from in you're in any way you I'd like to hear from `about that. And I believe that if the board a articular witness who was heardfaaabnard member asked to hear from inclined to do so, I think that again, if the rest of the board was _that you have that you need to clear be proper if there's how I read the cases that Mr. - that's question P• That's - at least CHAIRPERSON RAWSON: Kowalski has provided us with. Mr. Hazzard. And all N: the exhibits I don't disagree with into evidence exhibits that were alreadyoi book , including the packet from the county that lwas oincour should be provided to be read along with the transcript of the first day's proceeding so that eve the second day of testimony. rybody is up to speed and ready for MR. MANALICH: Madam Chairman CHAIRPERSON RAWSON: Yes. MR. MANALICH: - if I'm correct, members will have accessibility and I believe what the transcript and the exhibits thattwereeintroducedvided, is the there would be anything beyond that. I don't believe CHAIRPERSON RAWSON: That's correct. MR. MANALICH: Now, with regard to that body of naterrial, I would suggest the documentary +►hich are the majority of them Portion of those �y whoever for I believe, can certainly eprodu, Ira hics you to have to review and read. a be reproduced -e produced, that were prepared that obviously ow, there are some produced, aad I'm open to an Y I don't think can be :andle that, TI7e�, are available suggestions as to ofhow you want to ° Ot have any objection to any of them individually Hazzard, y going down to Page 22 16G December 13, 1996 ®eview those -- those materials? MR. HAZZARD: Frankly -- no objection -- I think it would be incumbent upon each of you to go and review the materials so that you can have a thorough understanding of what transpired on day one. MR. MANALICH: I would submit, though, that would have to be done, I believe, individually for the purpose of the Sunshine Law. CHAIRPERSON RAWSON: Certainly. MR. KOWALSKI: May -- may I make a suggestion, Madam Chairman. I would suggest that the party that introduced each exhibit be responsible for providing copies of those exhibits to board members. For the most part, that would be the county, but it may -- but it may be that the respondent has also introduced an exhibit, as I recall. MR. HAZZARD: I'm prepared to do that now. CHAIRPERSON RAWSON: I think -- I think he gave us a whole book. MS. DEIFIK: Maria, I gave you back my transcript. MS. CRUZ: Sorry. MS. DEIFIK: I gave you back my transcript because I thought I wasn't going to hear it. CHAIRPERSON RAWSON: Well, we'll be sure that all the board members are prepared and that they have all the exhibits and r "lat they have the -- the right individually to go to the clerk's ice and review the graphics. And, a y to onish all of you about the-Sunshine Law, not toadiscuss thisgcase. This case is much too important, and my concern has always been that _ we don'- t-make an error procedurally that if this case as the attorneys have told us it might, then it g °th on appeal, substantive issue, not the procedural issue. Sog1,11 - the admonish you all to be very careful not to discuss this caselwithteach other or with anyone else and also to listen carefully to all the evidence presented, to do a looking at the evidence good j ob of reviewing the transcript and mind, and to render a fairedecisionnbasedfonly onythe °evidence that's presented before this board. Now let's get into the -- the area of scheduling. And for the record my brief conversation in the hallway with Mr. Caut -- Mr. Cautero before this meeting was about scheduling. And he let me know that he was going to go on the record and request either next week or the first week in January. My res p that we do this - that I appreciated the frustrations, and we all shared h was in those frustrations, but that the -- those of us that were here which did not include some of the members of the board today -- yesterday, n we need to have this discussion -- had already -' and so January. And we'll have this discussion today,pbut ewe'veealrea in some days picked out that looks to me like the already got case can get heard in its entirety, ' might work, that this this board c y y that this case can finally render an finally render a decision. And for my fellow board meors that were not here yesterday, the attorneys and the board Page 23 December 13, 1996 1 6 u 1wembers that were present yesterday, including Mr. Andrews, were ooking at the days of January 22nd all day; Janua January 27th all day; January 29th all day; January 30th, ftneeded, until 3:30. I have been assured that this room will be made available. Now, do we need to take a break for the other board members that are present to check their schedules? MS. LOUVIERE: I'm sorry. Could you say the dates just one more time. CHAIRPERSON RAWSON: Yes. January 22nd starting at 8:30 and going until the end of the day -- MS. LOUVIERE: Okay. ' CHAIRPERSON RAWSON: -- in this room; Janua which is a Thursday -- rY 23rd, MS. LOUVIERE: Uh -huh. CHAIRPERSON RAWSON: - going until 3.30. record, I'm the reason it's only d for the Fort Myers, and I apologize, 5' going to 3:30. I teach a class in miss any testimony; pJanuary�27th starting at all day; want to 29th starting at 8:30 all day; Y; January 3:30. Y: and if needed, January 30th until Certainly with almost five days this board will be able to hear all the evidence and render a fair decision. Now, do you need to take a break to check with your respective offices as'•to your availability? MS. DEIFIK: I believe that all those days would I - 0an make -- make my schedule so that I can be here, but I would like make a quick phone call just to be sure. MR. MANALICH: Madam Chairman -- : How many days is it going to take to finish this case? MR. MANALICH: Madam Chairman, a couple of things -- I'll answer that with my next point. The first one is because you're taking the break. Before we do that, I think you're taking the break to look at those dates that were just mentioned, and those were the ones that were discussed yesterday. CHAIRPERSON RAWSON: Yes. MR. MANALICH: However, I want to reiterate and emphasize that on the behalf of the county, the county's position is that it feels an urgency to get on with this case and would like this board to consider next week. CHAIRPERSON RAWSON: I understand. And I'm not _ unmindful of that, and I'm not unsympathetic to that, but as I said on the record yesterday and I will repeat, you know, that I'm fl of Naples, Florida, next Wednesday at 4:20. And so flying out leaist I know that I will be unavailable, and it is -- Ywaskmyow, at understanding that Mr. Hazzard said he had some problems with some of his witnesses being available for the week before Christmas. And that led us subsequently into looking at January. MR. MANALICH: Well, before we go on from there, I understand your comments about next week. That still leaves the week dxg)pg New Year's. It also leaves then the first few weeks of Page 24 December 13, 1996 1 6 G Jbanuary. Now, I understand Mr. Hazzard has a five -day jury trial. I believe it's starting the 7th of January. And that I understand, and we don't quarrel with that at all. And that he would maybe need preparation before that, we don't quarrel with that. But that still leaves the week of the 16th, I believe it is, Monday -- CHAIRPERSON RAWSON: It's the week of the 13th and -- MR. MANALICH: Thirteenth? CHAIRPERSON RAWSON: -- as I recall our discussion yesterday, Mr. Hazzard has a jury trial five days starting January 7th. I know that this affects me, and it probably affects Ms. Deifik. Judge Hayes' trial docket is the two weeks of January 7th and January 13th, and I know I personally have three trials on that docket. So -- and I know that one of them is not going to settle, and I do not want to have to call this board at the last minute and say, oh, guess what? I'm in Judge Hayes' trial today, and I can "t come. I do not want this case to be delayed, and I want to be here to hear every word everybody has to say. So I think that's why we then ended up with the week of the 20th and the 27th, and we all cleared our calendars. So I'm not unmindful of the county's concerns. And -- and we're going to do our best to get this done, but we don't want to be in a position that we've been in the last subsequent hearings when we don't have a quorum and -- and you guys come and you're ready to go and you -all have your exhibits here and I walk in and I have to say omebody's not here and we don't have a quorum. I don't want that to Vppen again. I want to move this case along. So we're trying to find days that we're reasonably sure that we'll have a quorum here. Yes. MR. ALLEN: I have a question. I apologize again for not being here yesterday. Is there a specific reason that -- that this thing is going to stretch out for five more days? Why can't it be condensed into a day? MS. LOWIERE: And that's -- that's a good point. And I find that these case -- these cases that are presented to us are very, very long. And I've noticed and I have asked before; the Board of County Commissioners limits the time that witnesses can -- can be heard and limits the questioning time. And I am -- I am going to ask that can we look at this, please. Why can't we have a timer and limit the presentation by the -- by the attorneys and limit the question- and -answer periods? I mean, some of these things, I have listened, sat on these boards for four and five hours and listened to what opaque is and have not been able to stop this person from wasting some of my precious lifetime. I mean, I'm sorry. That's how I feel about this. MR. HAZZARD: Madam Chairman, it would be my view -- of course, I don't know what the county's case is to be presented. And I share your frustration, and I will let -- I just as a matter of -- of courtesy tell you that I've written to a county commissioner and proposed some suggestions to govern this process and expedite it because, frankly, there are some things that could be done. Now, I ��don't think we want to impose things mid -case. However, given that Page 25 16G December 13, 1996 , te're not starting over, I personally don't envision us needing all five days. It's -- it's my view that when the county is done with its case -- and I don't know how many more witnesses the county has, because I'm not privy to that information. I don't know obviously who those witnesses are; so I can't begin to estimate how long it will take to examine or cross - examine. But I believe when the county is done with its case, I have, I.think, six witnesses to put on. Two I expect to be fairly short, and four I would expect to try to hold my presentation short, but I cannot speak for how long the county's cross - examination will run. CHAIRPERSON RAWSON: How long -- MR. HAZZARD: That's the best estimate -- MS. LOWIERE: Can you tell us how long each -- each witness is going to be up there? MS. DEIFIK: How many days are we going to be here? MR. HAZZARD: I -- I can't estimate that for you, because I don't -- MS. DEIFIK: Just for your case. MR. HAZZARD: My case I would expect I would need two days just guessing at what I think would take cross - examination. MS. DEIFIK: Mr. Manalich, how many days or how many fractions of a day do you need to finish your case? MR. MANALICH: We have at this point three witnesses in addition to Mr. Mazzone who will be on redirect when we resume. We Iould estimate, dependency -- the great unknown for us is his ,Cross- examination. I think we don't -- we don't know on those witnesses how long he will.take but -- MS. DEIFIK: You're taking a half to a full day? MR. MANALICH: I would say we're looking for us between a day and two days, probably most likely a day to a day and a half. MS. DEIFIK: Okay. Can I just make a statement: not to beat a dead horse. And, Madam Chairman, you can hit me if you want. One of the things that I've observed in the past -- and this must be a frustration that judges experience, is -- please, gentlemen and ladies, remember that we all are intelligent people, and we do understand what you say to us. I have noticed in the past that many . of you feel the need, either in your argument or with your witnesses, to revisit a point again and again and again. We heard it. We know it. We understand it. We do have a grade- school education. Thank you. MS. LOUVIERE: And -- and I know in this case -- and you have changed a lot along the lines in this case; so we cannot limit -- it would be not fair to go ahead and start setting time limits at this time to your witness and to your statements, but I would like this board to start looking at limiting the time that people can get up there and the time that -- that we can ask questions. The Board of County Commissioners does it. Why can't we? We have -- commissioners are very upset that this board has a six -month backlog. We are taking way too long. They have made another code board. There's no reason why these cases have to drag on the time that they do. It -- it is -- it's ridiculous. Page 26 16G December 13, 1996 MR. HAZZARD: Madam Chairman, if I -- just in response, I -- I share your concern. And, Miss Deifik, you understand the court system and the differences between the court system and here. But one major problem that I see in this board, frankly, is not knowing who the witnesses are going to be, not exchanging information. This is a hide - the -ball proceeding as opposed to a court case which is a no- balls- hidden proceeding. Whoever sits down at that witness stand when Mr. Manalich begins to question them will be a surprise to me. I don't know who they are. I don't know anything about them, and I will be thinking on my feet to ask them questions. You will have to forgive me if I stray, because I don't know what they're going to say. I haven't had the opportunity to depose them like I do in a court case. I don't come in knowing the subject of their testimony, knowing the depth of their knowledge about it. And the county attorneys, of course, have that same problem when I present my witnesses. These are the kinds of reforms that I think, personally, should be considered by this board. There should be some stipulations in advance of the hearing. The attorneys should be able to sit down and say, here are the witnesses I'm going to present, and here's what they're going to talk about, both sides exchange that information. We could very easily adopt for this board a program similar to what you do in court where you submit a pretrial statement. Here are the facts that we agree on, and you don't need to hear testimony-,about those acts because everybody agrees. There are a number of things that can e done. I would urge you to look at those. I would urge you to urge county commissioners to look at those, including people that are supposed to do that. That could really expedite matters in front of this board. Thank you. MS. McEACHERN: Madam Chairman, I'm Shirley Jean McEachern, assistant county attorney. On behalf of the county, we reiterate our offer that we made, that Mr. Manalich and I made when we took over this case, that we're more than happy to disclose our witnesses to Mr. Hazzard. That offer was made to him before, and it was rejected, and we make it here again today. MR. HAZZAR.D- Naturally the offer comes too late, and what you need to know is that I requested that information prior to the start of the hearing and was denied. The position that I'm in now is, okay, Hazzard, you already know who half our witnesses are by virtue of they've already given testimony. Now we want to know all your witnesses. You referenced let's not change the process in the middle. This is the process we're stuck with. This is the process that I've been dealt, and we'll go forward and -- MS. DEIFIK: No. You referenced let's not change the process and then -- how can it -- MS. LOWIERE: No, sir -- MS. DEIFIK: Yeah. How can it possibly hurt you now to know who their witnesses are going to be in January and you disclose your witnesses as to who you're going to put on in January, and everybody will be up to speed by the time we come here in January, and due process will be met? Page 27 16G December 13, 1996 40 MR. HAZZARD: if -- if it's the board's inclination that we do that and you direct us to do that, obviously that's what we'll do. MS. DEIFIK: I do. MS. LOUVIER.E: I so second. MR. HAZZARD: But the issue, the fairness issue, is that I did not know in advance of the first day of hearing who the county witnesses were going to be. I did not know all of the county witnesses, and the county will now know who all my witnesses are when I didn't have that same information available at the outset, and that's my only point. CHAIRPERSON RAWSON: Well, let's -- let's do this, a couple things. We're going to put on the agenda for the board's knowledge for January the Code Enforcement Board rules and regulations; they've really never been passed. We've been following some that we've used that probably need some edification, and so I appreciate your comments, Mr. Hazzard, and your ;suggestions. I think that they are well -made, and I agree with you. There is a process that ought to be implemented and ought to be right in our rules and regulations. And so we're going to have that discussion at our regularly scheduled board meeting in January, and we're hopefully going to get some rules and regulations that we've approved, and then we'll get the county commissioners hopefully to approve. Now, in terms of whether or not we have to have an exchange of witnesses at this point in the proceedings, before we have discussion further now that I've heard a motion and a second, I need to ask our attorney for his opinion. MR. KOWALSKI: It seems to me that there would be pt6ioadice to the respondent if he was obligated to disclose all his witnesses having commenced his cross - examination without that knowledge. I think that that -- the frustration that the board feels can -- can be addressed by adopting rules and regulations applicable from the commencement of every case here forward, but I can't recommend that that procedure be implemented at this point in the middle of this case. MS. DEIFIK: I thought they already had to do that because there's already a rule and a procedure whereby they have to, so many days in advance, present their packet and provide so many copies to be distributed to the board. MR. HAZZARD: Miss Deifik, I -- I have to be completely honest with you. From the outset of this case, I have tried to find the rules and procedures that - -.that govern this proceeding, and I have been unable to do so. I have not inquired of this set of courser but did inquire of Mr. Bryant prior to the outset of the hearing in July and was told we don't have any. And for the record I did offer at that time, let's -- let's make some -- let's exchange witness lists, etc. That offer was declined. td MS. LOWIERE : I -- I thank you for your -- your comments, but I believe in an effort to expedite this -- and the Board of County commissioners wants us to expedite this -- I'm going to ®stand with my -- my motion -- my second to Miss Deifik. Page 28 December 13, 1996 16 G MS. DEIFIK: Well, I'm going to withdraw my motion, though, based on what Mr. Kowalski is saying, because I agree with Miss Rawson that if we're going to do this, let's do it right. Let's have the circuit court reverse us on substance or affirm us.on substance, not on procedural screw -ups, and let's get a set of rules so this doesn't happen again. CHAIRPERSON RAWSON: Yes, Miss Sullivan. MS. SULLIVAN: Madam Chairman, Mr. Hazzard has indicated that he would probably need two days. Mr. Manalich had indicated that he might need 1 1/2 to 2 days. That's four days. I believe we have five days scheduled. CHAIRPERSON RAWSON: Correct. MS. SULLIVAN: We have a regularly scheduled meeting that's a very important case on the 23rd. If that's the case, could we limit this hearing to four days and have our regularly scheduled hearing on the 23rd? CHAIRPERSON RAWSON: We -- we have a case scheduled -- that's our regular -- MS. SULLIVAN: That's our regular hearing. That's going to put us behind again if we don't do that. MR. McCORMICK: Can we change that regularly scheduled hearing to the 30th so we can hear this case four consecutive days? MS. SULLIVAN: The only thing that -- I thought about that. It was bothering me. ®� CHAIRPERSON RAWSON: You noticed everybody? MS. SULLIVAN: No, we haven't. No, we haven't. We can do that but -- CHAIRPERSON RAWSON: Why don't you -- why don't we do this.** Well, we're going to take a break in a minute, make sure that the five days are okay with everybody. If we could notice the people for that other case to the 30th, then hopefully based on what the two attorneys are telling us today, we can complete this case on the 22nd, 23rd, 27th, and 29th. And then on the 30th we could have our regularly scheduled board meeting and that next case. MS. SULLIVAN: That would be fine. I can notice later but not earlier. CHAIRPERSON RAWSON: Okay. Well, did you have something else you wanted to say? MR. MANALICH: Just a brief clarification which Miss McEachern already alluded to. We have no quarrel with Mr. Hazzard's constructive suggestions for future improvements and how prehearing proceedings can occur, and we would welcome and look forward to working with everyone here in that regard. For the purposes of this hearing, we just want you to be clear that the counsel that are here today, myself and Ms. McEachern on behalf of the county, inherited a situation here as far as what had transpired prior to the first date of hearing -- MS. DEIFIK: But then let's all work together and be fair and -- and move forward. MR. MANALICH: Agreed. What I'm saying is that I want you to understand that the counsel you have before you here today, Page 29 16G December 13, 1996 eyself and Miss McEachern, did offer when we took over this case to have that exchange of witnesses. Now, I understand Mr. Hazzard's fairness argument. I'm not here to -- MR. LAFORET: Excuse me. I'm trying to listen to this. MR. MANALICH: I'm not here to quarrel with that. I just want you to understand what the position of -- CHAIRPERSON RAWSON: I understand. And we are aware that it was Mr. Bryant and that you two weren't even present. Before we go off the record to take a short break to check our schedules, let me say this since we're talking about rules and regulations. Miss Sullivan, the -- our regular attorney is Mr. Yovanovich, and I think that right now is a real good time for us to direct him to take a look at the rules and regulations that were prepared some years ago and that were never really approved, give him the benefit of the discussions that we've had today, and see if he can't come up with a draft for some new rules and regulations for this board, because I think it's long overdue. I would agree. Well, let's take -- MS. LOUVIERE: Can you -- Jean, that's a great idea. Hold on for just three seconds, and I'll be done. Can you give him a 9G �,J time when he has to have this to us? CHAIRPERSON RAWSON: We want to put this on the January 30th agenda. MR. LAFORET: Before you take a break -- CHAIRPERSON RAWSON: Yes. MR. LAFORET: -- with due respect for all the legal Walent here, I haven't heard anybody mention the situation that may arise if one side or the other want to get a rebuttal witness in. Now, is this going to be -' this customary? Is it going to be accepted? CHAIRPERSON RAWSON: Well, yes. MR. LAFORET: You're going to delay it two or three weeks. CHAIRPERSON RAWSON: Well, rebuttal witnesses are certainly permissible, and I wouldn't not let them testify. Based on -- that's a good question. And based on the fact that there might be rebuttal witnesses, do you still think we can finish this case, and that would be your rebuttal, in four days? MR. MANALICH: One moment. MR. LAFORET: I would suggest if outside experts are required, you're not going to get them overnight, and they're not going to know what they're talking about until they have time to examine it. ' MS. SULLIVAN: Madam Chairman, I don't think I have any authority to direct the board's attorney to do that. Would you -- CHAIRPERSON RAWSON: Oh, don't you? MS. SULLIVAN: Would you give him a call? CHAIRPERSON RAWSON: Well -- MS. SULLIVAN: I've scheduled it for January. I have it on the agenda. CHAIRPERSON RAWSON: Okay. I guess that's my call then. I apologize. I'll call him and direct him -- Page 30 16G December 13, 1996 ® MS. SULLIVAN: Thank you. CHAIRPERSON RAWSON: -- on behalf of this board. Thank you. MR. MANALICH: With regard to rebuttal, obviously when you don't have the exchange of information ahead of time for either side, it makes it even more difficult to forecast whether there will be any rebuttal and to what extent there will be any. For that reason ideally if we had the five days, I don't foresee a problem even fitting in the rebuttal. When you get to four, depending how the two cases in chief go, it may be pushing it. CHAIRPERSON RAWSON: We understand that. If we noticed everybody for our regular- scheduled board meeting and we have a case ready to go on the 30th, that we'll find ourselves finishing this case up in February, which is what I really truly wanted to avoid. So I'll just let you both know, and I think I said this yesterday, that I'm going to do everything in my power, while not limiting people's testimony or the right to speak before this board, to move this thing along. MR. MANALICH: Because I look at now -- I mean, Mr. Hazzard estimated two days for his presentation. I'm estimating a day to a day and a half for the county's, maybe closer to a day. I mean, on the other hand, depending on the length of cross - examination, it could go further than that, but I really think between a day and a day and a half at the most, but that would still put us within sufficient days to do whatever rebuttal I would have and then he would have. CHAIRPERSON RAWSON: Well, we'll start right on time, I _ can assure you that, and we'll move it right along. Let's take a break till 10:15, and everybody check your schedules and see what your availability is for those dates that we've mentioned. And then when we come back, remind me; we need to approve the minutes of October 30th. The board will be in recess for ten minutes. (A short break was held.) CHAIRPERSON RAWSON: Okay. Let's go back on the record. Code Enforcement Board of Collier County is back in session. Before the break I requested that the members of the board that are present here today check their calendars to see what their availability are for those five days in January, knowing that Mr. Andrews was here yesterday and he'd already checked his calendar and he was available on those days. Anybody have a conflict on any of those days? - MR. ALLEN: I do, Jean. CHAIRPERSON RAWSON: Yes, Mr. Allen. MR. ALLEN: I can be here one week or the other, but every other week I rotate with Bill in the Bahamas. So if we can condense this hearing into three days, I can be here either week and any amount of days either week, but I cannot be here two consecutive weeks. MS. SULLIVAN: Madam Chairman, I don't think it will ® matter as long as we have a quorum and he can read the transcript for Page 31 16G December 13, 1996 e day that he's not here. CHAIRPERSON RAWSON: Which brings up the next item. I mean, I would urge everybody to be here every day, of course, because we need to have a quorum to vote. And I would think, Mr. Allen, that probably the most important day would be the day of the vote, which should be the second week or the last week of January. Now, we probably need to have a discussion and an agreement, hopefully, between the attorneys as to, since we know that we'll be here at least four days, what happens if we have seven members here on the 22nd, six members here on the 23rd, a different six on the 27th, and a different six on the 29th, the day, hopefully, that we're going to vote on this issue? Do we have a resolution as to that problem? And I will ask all the attorneys, including the board's attorney, for their opinion on that matter. MR. HAZZARD: Madam Chairman, I think it, frankly, is going to be impossible to coordinate seven calendars, attorneys' calendars, room availability, and that sort of thing. I think that what we need to do is make arrangements for daily transcripts from the court reporter. I -- we had a little bit of discussion on the break about this issue. I -- I don't think opposing counsel is opposed to that at all. I would urge the members of the board to focus on the :latter part of the hearing so that you can be present to -- to vote as opposed to, you know, having been present to hear testimony and then not being able to vote, and then just simply urge members of the board o read the daily transcripts and get themselves back up to speed if W®® hey've had to miss a day. And if we can reach agreement that -- that the last day of the hearing or the anticipated voting day will be fill in the blank -- "CHAIRPERSON RAWSON: The 29th, I hope. MR. HAZZARD: -- perhaps that will be good for planning purposes for each member of the board. CHAIRPERSON RAWSON: I'm looking at the afternoon of January 29th. Well, is that okay with you, Mr. Manalich, if we had that problem? And obviously it's -- we're going to have that problem with Mr. Allen, we know, and he's reading the -- well, no, he was here for the first day of hearing, but he may be in a position that some of the other board members are now in that he will have to read transcripts. MR. MANALICH: No objection to that. CHAIRPERSON RAWSON: Okay. MR. MANALICH: No. My only question would be daily transcripts, I believe, are, as they should be, an additional extra cost for that production. Is there any question about how that will .be paid for? CHAIRPERSON RAWSON: This board can't make those decisions. MR. MANALICH: Okay. MS. DEIFIR: Can't the parties agree to split it to empedite this? ® MR. MANALICH: I guess we'll take it up between us. CHAIRPERSON RAWSON: I checked with the court reporter, Page 32 1661 December 13, 1996 *Md daily transcripts are certainly an option that she can deliver. And so any board member who misses any day of testimony be advised that the daily transcript will be available for you to review, and you need to contact probably me or Barb Donovan and be sure that you've read it before the hearing starts on the next day. COURT REPORTER: Jean, I would need to know in advance before we even take it down that you're going to need it, because I have to have back -to -back reporters. I would need to know-.-- if :somebody was going to need it, I'd need to know, like, at least a day or two in advance before it's even going to be cut. CHAIRPERSON RAWSON: Well, assuming that Mr. Allen's going to be gone the week of the 20th of January, he'll be in the F3ahamas then, so I can say the 22nd and the 23rd we'll need it. Hopefully we'll have a full contingency that last week. COURT REPORTER: Mr. Allen, can I get your phone number just to verify that with you before -- ahead of time. MR. ALLEN: 591 -1243. CHAIRPERSON RAWSON: According to the rules of the coun -- the Code Enforcement Board, whether they're approved or not, that I -- that I've been following, anyone who is going to be absent is to notify the chair, and that's been the procedure in the past. And so I've gotten those phone calls when -- or letters when you're not going to be here. I would appreciate knowing from any member of the -- of the board if you're going to be unavailable on any of'those days as Afar in advance as possible. I know, you know, you wake up sick. I mean, you can call me at home. Then I need to let the court reporter know, obviously, as soon as possible. _ MR. MANALICH: Madam Chairman, perhaps if we could take just a very short five - minute break. And I am concerned about whether the cost -- I don't want to enter -- enter into an agreement here where you're expecting that we're going to have these daily transcripts. This is going to be an onerous burden on the code enforcement budget. I'm thinking maybe if we take a five- minute break and discuss between opposing counsel -- MS. SULLIVAN: Well, I don't think it's necessary. I'm pretty much charged with paying all the costs. It's already been burdensome. I may have to get a budget transfer. What I would like to know, if you could tell me how much per trans -- give me some kind of ballpark figure so that I'll know if I have to go get a budget transfer. Is that possible? MR. MANALICH: I think this question is directed to the court reporter. COURT REPORTER: It depends on how long you go during the day, how many breaks you take -- • MS. SULLIVAN: How about a maximum? COURT REPORTER: -- how fast they talk. I would have to go back and figure out a typical -- look at a typical code enforcement day, how long it goes. You'd have to give me the length of day you're going to do. Is it from 8:30 till 5 and an hour lunch? A MS. SULLIVAN: Let's say the maximum for a full day. COURT REPORTER: 8:30 to 5, an hour for lunch, a break Page 33 December 13, 1996 16G Sin the morning, a tbitathennext morning, nor you have when would yo u, And you want want yo it by? MR. ALLEN: That was my question. You're going to provide it that -night delivery or next -day delivery? MS. SULLIVAN: That's not necessary. MS. DEIFIR: You want to think about a weekend. CHAIRPERSON RAWSON: Mr. Allen would only need it by the weekend if he'll be -- so it will be ready on the 27th, and you come back on what day? MR. ALLEN: Saturday. COURT REPORTER: So how many days is that? CHAIRPERSON RAWSON: Well, then you've got -- MR. ALLEN: Two days. CHAIRPERSON RAWSON: -- two days, the 24th and the 25th. MS. SULLIVAN: I guess my question is, am I talking a thousand dollars? Ten thousand dollars? A million dollars? Or what? COURT REPORTER: All right. Within two days, it would be one and a half the normal rate, although it's in our contract. I'd have to'check and get back with you, and it would be just purely an estimate. MS. SULLIVAN: Wouldn't it be okay as long as all-of the ®board members reviewed all the transcripts before the vote? MR. ALLEN: Could we do it more economically? Can we do a tape recorder versus a transcript? Would that work for everybody _ versus spend the money? CHAIRPERSON RAWSON: Somebody has to transcribe what's on the tape recorder. MS. SULLIVAN: I guess what I'm saying, if we don't have to have them that night or within two days or something, as long as we have them before the vote, that would probably save me money if we can do that. CHAIRPERSON RAWSON: Well, that's very possible. We can probably be assured that everybody had them by the 28th, and that way everybody would be up to speed. MS. DEIFIR: Madam Chairman. Barbara, I recall your firm marketing at one time a procedure whereby you -- you used a computer and it was automatically transcribed? CHAIRPERSON RAWSON: I just asked her about that, Miss Deifik, and that's not going t0 be a possibility, although I'd love to think that we're going to be as sophisticated as they are in the O. X. case. MS. DEIFIR: She tried to sell it to me. CHAIRPERSON RAWSON: Well, that's wonderful. I just tried to.have this -- I mean, I just had this discussion with her at the break, and some day we're going to be that automated, and I can't wait, but it won't be this January. MS. DEIFIR: Okay. Then can I ask a second question. If we are forced to produce these transcripts, what's the possibility Page 34 16G December 13, 1996 What board members could get them on disks to make them a little built less unwieldy? COURT REPORTER: That's not a problem at all. We provide them to the county on ASCII. Now, I will tell you I could do the real -time, but I would need lots of breaks, and I would absolutely have to have you talk slowly, everybody, and one at a time. And that is an option. But that is not what happens in the board meeting, and that is why we switch out reporters half days. One of my real -time reporters is leaving, but if -- I mean, that is a possibility, but I'd need lots of breaks. CHAIRPERSON RAWSON: We can go with the transcripts, and in order to, you know, expedite the matter and save the county some money and make it easier for you, I think that if we had all the transcripts from the 22nd, 23rd, and 27th to us by the 28th, then we're going to resume on the 29th.. Everybody will be up to speed, and hopefully that's the day we're going to have a vote. MR. McCORMICK: Let me ask one thing. I sort of instigated setting up that regular hearing on the 30th instead of the 23rd. Would it be better if we, again, flip that around so that Mr. Allen would only miss the 22nd, and then we'd have those three days on the second week consecutively? MR. MANALICH: One other thought, Madam Chairman, which is, I believe this room is equipped to audiovisual tapes of these meetings like the Board of County Commissioners. I don't know if that ®would be another alternative but -- MS. DEIFIK: I'd have to brush my hair every day. You're asking too much. MR. MANALICH: But the other concern I would have, I guess *, is I don't know if Mr. Hazzard's intent was that they receive a transcript every night or if it just be before the vote. MR. HAZZARD: I think you need to receive a transcript in ad -- in ad -- in enough time in advance as to allow you to make an informed decision. You know, that's certainly up to you all. I don't mean to suggest any type of schedule in that regard. I would just mention that while it takes eight hours to watch a eight -hour videotape, it takes far less to read a transcript of an eight -hour day; so I do really think that the transcript is the way to go. MS. SULLIVAN: Madam Chairman, I don't think that it's a problem, because the Board of County Commissioners wants to move the case. And if they have to do a budget transfer, I think they'll do it. CHAIRPERSON RAWSON: Well, I think that we just need the transcripts available to us on the 28th. And even though I fully intend to be here on every single day, you know, I would probably enjoy reading back over the transcripts on the 28th, too; so we can make them available to the whole board. And then on the 29th we really should all be up to speed, and that would be the big day all seven of us need to be here. MR. MANALICH: Well, that would be my question, is do we ®necessarily have to incur these expenditures if everyone were to attend -- Page 35 16G December 13, 1996 CHAIRPERSON RAWSON: No. MR. MANALICH: -- every day. CHAIRPERSON RAWSON: Of course not. MR. MANALICH: So it would only be for those days where one or more is absent. CHAIRPERSON RAWSON: Certainly. MR. HAZZARD: And Madam Chairman, I think Mr. McCormick's suggestion was a good one. If we know that Mr. Allen is definitely unavailable on the 23rd, perhaps the board would want to consider moving whatever that other item is that was set for the 30th to the 23rd so that we could make our final day in this case the 30th, and Mr. Allen could be present for the 27th, 29th, and 30th, and then the -- then the -- the absentee problem and transcript problem that we )mow about now only applies to the 22nd. CHAIRPERSON RAWSON: That's fine. We would be hearing this case on the 22nd, another case on the 23rd, and back to this case again on the 27th, you know, which is kind of the way I live my litigious life every day anyway, but just so the board knows that you're going to have to shift gears if we do this. Do you have a preference, Miss Sullivan? MS. SULLIVAN: I don't care. Either way will give me plenty of time to notice it. It doesn't matter. MR. MANALICH: So the days available will be the 22nd, 27th, 29th, and 30th? CHAIRPERSON RAWSON: If we -- if we notice this other case for the 23rd, yeah. MR. HAZZARD: And, Madam Chairman, just as one other _ point, can I take it as gospel that we won't get to my witnesses on the 22nd so that I don't have to have people available until the 27th? In other words, if it's -- if it's 4:30 on the 22nd and the county's done, will the board not look to me to say, put your first witness on, Hazzard, or, you know, can we simply say your first witness will not start earlier than -- CHAIRPERSON RAWSON: Well, I think that question is better directed to Mr. Manalich. Based on what he said earlier, I think you can probably assume he's going to take all day on the 22nd. MR. MANALICH: Well, I think we -- depending on the extent of the cross - examination, I think direct examination -wise it's very possible we could finish before the end of the day that first day. But it's when you factor in the cross - examination; that's what leads me to say it could go beyond one day. MS. DEIFIK: Can we use this room past five o'clock? I'd like to get this done. MS. SULLIVAN: I told the clerk that we'd probably need - there's some more meetings, regularly scheduled meetings in here that they really don't want to put off; so what we're going to do is close that part off. So the room will be available to us all day. MS. DEIFIK: Okay. My question is, let's say that -- that we're all ready, willing, and able to go until six or seven o'clock in order to get a portion of the case concluded. And in order to conclude in the time available, I'm willing to stay -- Page 36 16G December 13, 1996 eMS. SULLIVAN: It was my understanding that they were just going to clear it, not have anybody else in here that can't be accommodated in that back room; so we're okay. CHAIRPERSON RAWSON: Okay. MS. DEIFIK: So -- so my point would be -- MS. LOUVIERE: Can we have cocktails? MS. SULLIVAN: I don't have any problem with that either. MR. HAZZARD: So moved. MR. ALLEN: Make that a motion. MS. DEIFIK: I have learned from -- from the judges over the years why they won't give day certains, because things never go as planned. And if Mr. Manalich rests at two o'clock, I want to go forward with Mr. Hazzard's witnesses in the -- witnesses and -- MR. MANALICH: Let me put it this way. I think the direct we have for the three witnesses in addition to Mr. Mazzone would finish before the end of the day on the 22nd. But when you factor in cross - examination, that's where I don't know -- CHAIRPERSON RAWSON: You probably ought to have one on call. MR. HAZZARD: Okay. CHAIRPERSON RAWSON: All right. Now, procedure -- procedurally -- well, let me ask the two attorneys, because I want to ask our attorney to talk to this board a little bit. We're all set on 10the schedule, and we're set on -- hopefully nobody will miss except Mr. Allen on the 22nd, and the rest of us will be here on the rest of the days, and God willing,.we're going to get this case done on the 29th. Anything else from either attorney? " -MR. MANALICH: Well, I thought I heard the 30th. CHAIRPERSON RAWSON: The 30th, I apologize. MR. MANALICH: The 23rd will not be heard. CHAIRPERSON RAWSON: That's correct. That's true, the 30th. Now I'd like to ask the board's attorney to procedurally give - -- give this board some advice as to reading of transcripts and any other thing that you think we should know to prepare ourselves for doing a good job in January. MR. KOWALSKI: Thank you, Madam Chairman. This -- this obviously is a little different procedure for the board. Yeah, I know you recall that -- that we struggled. We attorneys struggled for some time before I was comfortable in concluding that this board would legally be entitled to proceed based upon reading the transcript. But the -- the case authorities, legal authorities that I reviewed which persuaded me of that, make it clear that it will be necessary for each' of` you members to either be present during the trial time or read the transcript for the portion of time that you're missing. And so one -- one of your assignments for the members who were not present at the July hearing, the other members are going to be required to review the transcript and also the exhibits that were introduced into evidence and just state very simply on the record that you did, in fact, make that review. Okay? And -- and I'm going to suggest that if there are MW other times -- and we know that there will be at least one conflict Page 37 December 13, 1996 16 G When some members are not present, that -- that'you make a statement on the record that you have, prior to your ultimate vote on this matter, been present or reviewed the transcript for the entire time. Okay? The other thing that I wanted to remind you is that we're going in, finally, next month into the second day of a hearing. The law looks at it like, gee, we met yesterday, and now we got a hearing again today. And you -- you'll have a tendency, I.think, to review the transcript, read it, haven't heard the testimony at all or you heard it months ago, and you'll have a tendency to want to come in to the January meeting and discuss what you read in the transcript. But I'm going to encourage you not to do that, because you wouldn't begin to discuss the evidence in a case after you've only heard a portion of the evidence. Your discussion of the evidence should wait until you've heard all of the evidence, and then as a board you deliberate about what you've heard and what you might want to conclude. And so I discourage you from wanting to discuss the transcript when you reconvene. The only exception to that would be that if -- if one of you members feels that it is extremely important to get one of those two witnesses back so that you as a board member can ask an additional question, that would be acceptable. Aside from that, let's just proceed as though -- as though you're in the second day of a hearing and get going and get the ball running, and when we come back here next time, we just pick up where we left off. The last thing that I wanted to mention is that I know that some of you are -- inevitably we will all begin to form preliminary impressions during the course of a case and wait until the conclusion of the case to form definite conclusions. And I know that -- that your minds are racing in terms of thinking what might be some practical resolutions to the issues that are going to -- that are being presented here. But I do encourage you not to vocalize any preliminary impressions that you may have made, because it could conceivably give the appearance of your prejudging the case. Now, I haven't heard anything at these hearings to lead me to believe that any member has prejudged the case, but I do caution you to stick strictly, almost like a judge would, to hearing the evidence and not commenting on the evidence during the course of the hearing. Okay? CHAIRPERSON RAWSON: Thank you very much for those comments. Now, anything else further on the Lely Barefoot Beach case? MR. ALLEN: I've just got one more question, Madam Chairman. _ CHAIRPERSON RAWSON: Yes. MR. ALLEN: Would it be easier, first, and more economical to call me like we talked about doing yesterday? CHAIRPERSON RAWSON: Apparently not, Mr. Allen, because we were told we had to use the pay phone to call you. And I know that you want -- MR. ALLEN: A lot of quarters. CHAIRPERSON RAWSON: I know you were sitting by your ®phone in the Bahamas wondering why I didn't call. Page 38 December 13, 1996 6 G purposes of hearing the next day's testimony of Board of County commissioners versus Lely Barefoot Beach Property Owners' Association. All of the members who have not read the transcript of the first day, and I might even say those of you who were here and have copies of that transcript, review it, and be here at 8:30 ready to go and ready to hear the evidence. Anything else further to come before this board? If not, we will stand adjourned. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:45 a.m. COLLIER COUNTY CODE ENFORCEMENT BOARD M. JF,69 RAWSON, CHAIRPERSON TRANSCRIPT PREPARED ON BEHALF OF DONOVAN COURT REPORTING BY: Barbara A. Donovan Page 40 A& 16G Naples, Florida December 4, 1996 LET IT BE KNOWN, That the Pelican Bay MSTBU Advisory Committee met in Regular Session on this date at 3:00 P.M. at the Foundation Center, 8962 Hammock Oak Drive, Naples with the following members present: Dr. Alan Varley, Chairman Mr. George Herminson Mr. Russell Mudge, Vice Chairman Mr. John Hoyt Mrs. Mary Lou Althoff Mrs. Cora Obley (absent) Mr. Thomas C. Brown Mr. Anthony Pires Mr. Rodkey Craighead Mr. Charles Popper Mr. Frederick Flatto Mr. George Werner Mr. Glenn Harrell Mr. Bernon Young ALSO PRESENT: Mr. Robin Lewis, Lewis Environmental Services; Mr. Ted Brown, T. R. Brown Company; various residents of Pelican Bay (approximately 23); Mr. James P. Ward, Division Administrator and Mrs. Barbara Smith, Recording Secretary. AGENDA 1. Roll Call 2. Approval of Minutes of November 6, 1996 and November 13, 1996 Meetings 3. Update on Mangrove Long Term Management Program 4. Committee Requests 5. Adjournment Dr. Varley called the meeting to Order at 3:00 P.M. and asked that the record show Mrs. Cora Obley with an excused absence. Mr. Mudge moved, seconded by Mr. Flatto and approved unanimously, the Minutes of the November 6, 1996 meeting. Mr. Craighead moved, seconded by lair. Werner and approved unanimously, the Minutes of the November 13, 1996 meeting. -2082- PELICAN HAY ADVISORY COMMITTEE ` DeaeMber 4, 1996 16 G MEETING DATE CHANGE Dr. Varley explained that due to the next regular meeting date falling on January 1, 1997, the regular meeting has been rescheduled for Wednesday, January 8, 1997 at 3:00 P.M. UPDATE ON CLAM HAY X9DAMEM CONSULTANT MANAGEMENT REPORT Mr. Ward stated that he and Mr. Brown have been working on the budget for the Clam Bay Restoration effort and just finished it late yesterday afternoon. As Mr. Brown gets into this we will go over the proposed budget for the next couple of months. This is a macro - budget in terms of who the consultants will be, in order to allow Mr. Brown and Dr. Hillestad to proceed to obtain the permits necessary for the long term strategy and what we think the numbers will be for those consultants as we move through this process. If these numbers are agreeable to the Advisory Committee, Mr. Brown and Dr. Hillestad will develop final Scopes of Services for each of the consultants and I will then and prepare an Executive Summary for the Board of County Commissioners to consider to retain those consultants and authorize the specific work. Mr. Craighead asked if this was in addition to the $85,000? Dr. Varley stated that he believed it is. He does not know any more than what is on this piece of paper. Mr. Young asked if we were not supposed to get numbers on what we have spent to date? Dr. Varley stated that he is also concerned about that. It -2083- PELICAN DAY ADVISORY COMMITTEE December 4. 1996 ] 6 G has been three months and we still do not have an accounting of monies either spent or committed. Mr. Ward replied that you will be getting something within the next week or two. Everything that has been spent to date is whatever Mr. Brown and Dr. Hillestad have billed us and that is about $20,000. Mr. Werner stated that he is a little embarrassed. It appears that we are not paying our bills on time and people have to wait for their money. Mr. Ward has explained some of the hoops that you have to go through to get a government agency to pay bills, but I would certainly appreciate it if there was some way we could expedite payment of the bills we owe. Mr. Ted Brown explained that the only really substantive thing that has happened since our last meeting three weeks ago, aside from meetings that we have had, was yesterday, the South Florida Water Management District informed me that they would not be the lead State agency in processing this, but the Florida Department of Environmental Protection would be. You may recall that in my discussions with you, when we made the decision after the recommendation by the Army Corps of Engineers to pursue an individual permit as the lead mechanism for moving forward on our management plan, that requires that we file under the State's new Environmental Resource Permit Application Form. This is a joint application with the Federal Government and the State. Under the current regulatory guidelines that are in play and under normal -2084- f 4 PELICAN BAY ADVISORY COMMITTEE circumstances, that would mean that the water management district which has been delegated the authority by the FDEP would have been the lead agency. There are exceptions to that and the rDEP has the authority under certain circumstances to pre -empt the water management district as the lead agency. In this particular case we met with the South Florida Water Management District and had some dialogue whether they were going to or were not going to, etc. It was left with the South Florida Water Management District that they would converse with the FDEP and between the two agencies decide which would be the lead. The South Florida Water Management District has informed me that the lead agency will be the Florida Department of Environmental Protection. I do not think it means a lot one way or the other. Both agencies Will ultimately have a play in the equation, but it is important in terms of where we are in the process that we understand who the party is that we will be effectively negotiating with. Mr. Ted Brown continued that there are going to be work days with the consultant team that is seen in front of you in the next couple of days. These work days are designed to use the boat analogy to start putting some framework around the keel and hull of the structure. We will be assigning some specific tasks to the various members of the consultant team with defined deadlines to start bringing things back. I would expect that before the January meeting, we will have considerable more meat on the bone. Mr. Tom Brown stated that it seems to him that the Committee -2085- 16G f 6 PELICAN BAY ADVISORY COMMITTEE agreed to pay the Brown firm $85,000. 6 G Mr. Ted Brown replied that it was agreed to pay $20,00o for the first report as a lump sum and then and hourly rate, with a not -to- exceed figure of an additional $65,000. Mr. Tom Brown asked if this was in addition to the $85,000 and asked if we could exceed $85,000 now? Mr. Ted Brown replied in the affirmative. You cannot exceed it as for Dr. Hillestad and myself, but the other consultants are going to be a part of this aspect as well. Mr. Tom Brown stated that the $85,000 is not the cap. Mr. Ted Brown replied that it is the cap as far as he and Dr. Hillestad are concerned. Mr. Tom Brown stated that it was the cap for part of the job. You have to have other people and there is no cap on getting the initial management program approved. Mr. Ted Brown stated that within this process there are a number of disciplines that are involved that I am not qualified to do and neither is Dr. Hillestad. One of them is engineering and another is hydrology. Both of those are extraordinarily important to what we are about to undertake and those people will be significant participants in that undertaking. That is why the Wilson, Miller, Barton & Peek firm and Mr. David Tackney is involved. Dr. Snedeker is there because he is one of the foremost experts on mangroves and how they work in the ecology. Dr. Hillestad and I will be perceived as agents of a developer -2086- PELICAN BAY ADVISORY COXXITTEE r and of a community of development interest bas 6 G ically the Pelican Bay Services Division. That is not bad, but it carries a certain amount of baggage with it in the context of selling this kind of a program to a community that is larger, if you will, than just the one that hired and retained us. Dr. Snedeker helps immeasurably in ameliorating some of the negatives that are associated with that. No matter how objective I may be on what we are recommending and no matter how accurate I might think I am in terms of the scientific validity, the fact is, who is paying me taints those recommendations. Dr. Snedeker added into the equation helps in that regard. We have asked him to be involved and he has agreed to be involved and he has a significant amount Of scholarship. Mr. Tom Brown stated that he does not question that at all. You came to us and said that in order to get this plan approved You needed someone who knows how to work with the government and You know how to do that and it is going to cost you not more than $85,000. Now we are hearing that you have to bring in other people and there is no cap on how much it is going to cost. If the first time you said our firm is $85,000 and we are going to bring in other• consultants with some figure there, maybe its $100,000 or $150,000, it would have been a little clearer. Mr. Ted Brown replied that was not clear and was not budgeted at the time. At the time we were being hired and going through this process, we did not know exactly who we would be needing and -2087- t . PELICAN BAY ADVISORY COXXITTEB 16 G to what extent we would be needing them. It was clear at least in the conversations I had with Mr. Ward and Ms. Watts, that there would be a time that we would have to come to you with a need for additional consultants help and the involvement of other Professionals. Mr. Tom Brown asked if it would be fair at this time to make an estimate or put a cap on the additional expenses just to get this plan approved today? Mr. Ted Brown replied that he wanted to do that today and the letter that is in front of you is my best estimate of what I think the process to manage to include. As Mr. Ward indicated to you, I will be meeting with Mr. Lewis and Wilson, Miller, Barton & Peek to set some parameters around a task we would anticipate their being involved in and to get some not -to- exceed budget numbers from them. The numbers I put in the letter are my best estimates, based on my own experience, of what I am going to be asking them to do. Mr. Lewis and I have not had a chance, but will today or tomorrow, to discuss what I want him to do in this process and what he feels he will be willing to charge for that. At that point I will get a definitive contract from him, with a not -to- exceed price. We will have that for you. Mr. Werner stated that it was always his understanding that there would be additional costs for consultants, engineering, construction and whatever in addition to Mr. Browns proposal for $85,000. -2088- PELICAN BAY ADVISORY COXXITTEE down the path in an effort to do a Special Area Management Plan (SAMP)• A Special Area Management Plan under the Army Corps of Engineers protocol, has no formal filing process associated 'with it. It basically involves a series of preliminary negotiations, talking about a generalized framework and attempting to establish a series of brackets around which they would entertain the concept. A Special Area Management Plan has no protocol under State law. There is no regulatory procedure under State law that would immediately fit within the end of this bracket. One of the difficulties that we presented and spent some time talking to the State about, was how they would pick up the themes of a full permit and incorporate it into a conceptual permit under State law. What happened in all of this, during November, the Corps of Engineers advised us they would prefer that we not process a Special Area Management Plan as a separate stand alone item, but would prefer to go under an individual permit under Section 404. You have already experienced a Section 404 process in the individual permit that you have that Mr. Lewis has just achieved for the blasting cuts. That does not change the ultimate outcome of getting a management plan, it simply changes the vehicle by which we process it with the government. It was my view that it has some significant benefits to it. It has some detriments in some respects. One of the detriments is that the form that you have to file is quite long and contains and requires a variety of pieces of information that are very technical in nature. I think -2090- PELICAN BAY ADVISORY COMMITTEE • 16G we have them all and do not have to develop them, but to the extent that we do, we will have to deal with that issue. The Positive attribute of that is that when we went in that direction, we are now dealing with a form that the State of Florida recognizes and is in fact filed on a joint form developed by the State of Florida and the Army Corps of Engineers. In doing that we have facilitated the State's participation in a format that they now have regulatory procedures to follow. Where we are presently, is that we are in the process of developing the filling in of the blanks of the form. We are to get that filed in the early part of the first quarter of 1997. Once that form is filed and it begins to work its way into the regulatory process, you get back some sufficiency letters which will tell you we think you are okay, or we would like more information on "A and B ", but not on "C, D and F ", but would like some on We then evaluate that and we respond to those notions and ideas. Once we get to the place where the agencies say you are complete in your filing, then there is a public notice and comment period. A period where the public can offer their input and suggestions for the ideas and also a period in which other governmental agencies such as the EPA and Fish and Wildlife Service and others have opportunities to comment on what it is we are proposing. When those comments come back, the government then will give them to us and direct us to respond to all of them, some of them, or none of them, based on how important they think they are or are -2091- PELICAN HAY ADVISORY COXXITTEE • 16G not. In my own experience, I will tell you that the comments that come from other governmental agencies are almost uniformly deemed to be important and we are charged with responding to them. Comments that come from the public range from being important to unimportant. Typically, the government will not require us to respond to those that they feel are unimportant, but those that raise issues that they would like to hear our answers to, they will require us to answer. It is a series of meetings and written additional submittal for the government in an effort, if you will, using the analogy thinking of it as a funnel, you just keep pushing the ball down until you squeeze it to the bottom. At the end of the day you end up with a management plan under a 404 Permit, signed by the Army Corps of Engineers and a companion permit signed by the Florida Department of Environmental Protection that I believe will authorize you to administer and manage this resource. Dr. Varley stated that what he is struggling with is, are we just stepping onto a treadmill of trying to respond to governmental agencies for the next ten years? The track of the plan that was proposed was that it was a positive approach. We like your concept, we will approve this and will have things that we want you to do, but we are on the same page and working in the same direction. I think there is another side of this and it is that we don't ever intend to approve a plan and what we are going to do is wear you down by asking you to do more and more and more -2092- PELICAN HAY ADVISORY COMMITTEE 16G studies. That is the problem I have in my mind, in trying to figure out where we are between those two. Mr. Ted Brown replied that the answer is, we don't know'' the answer to that right now. My sense is from the dialogue that I have had from the last three and one -half months since I have been hired, is that the government is generally very supportive of where we are trying to go. The devil was always in the details and we are now starting to move to new levels of detail in terms of what we are going to be putting in front of them. I must say there is a significant body of opinion within the government that would say "do nothing with this resource ". There is a significant body of opinion within the government that says "We don't have a lot of confidence in the ability of man to tinker with the environment on any basis." A significant body of opinion of the government says "We have a high quality wetland resource out there now, and it will remain to be one if you do nothing ". We believe that the weight of belief that is within the government recognizes that there still is a need however, to do something and the plan which we have generally discussed and gotten favorable reviews from, has support from within the governmental agencies. To say to you, and everyone must understand this, this is very much an intricate process. It is a process which leads to another process, which leads to another one. It is not a process that one can go into with the expectation that it is automatic, there will not be bends in the -2093- PELICAN BAY ADVISORY COMMITTEE December 96 16G road and there will not be high points or low points. All of those are going to occur and I can only tell you that I have been doing this for twenty -eight (28) years and have not failed tb be successful yet in achieving the goals. I believe the goals are achievable. We feel very good about where we are in the process and if I had someone waiving their hand in front of us such as the Army Corps of Engineers, Department of Environmental Protection or the EPA that was saying "I think you are going in the wrong direction" or "this does not have a snowballs chance in Hell of being approved ", I would tell you that. I can honestly tell you that not one person who is in a position of responsibility and who will ultimately be satisfied in terms of what we are doing, has given us that kind of a feedback. It has been to the contrary. The comments have been "We like what you are doing, where you are going, keep pushing, let's see what the next step is ". "Let's see what the next level is that you are going to propose ". That is the tone we are moving forward on. Mr. Pires stated his understanding was that the plan would be a presentation to the Army Corps of Engineers, DEP would be involved with the opportunity to flush out any possible objections on a relatively informal basis to get a conceptual plan agreed upon by them. Then there would be the actual permit applications made pursuant to that, so that anybody who came forward late in the game would have their objections diluted, because a lot of those issues would have been addressed up front. -2094- PELICAM BAY ADVISORY COXKITTEE 16 G ' Now it sounds as if that is being shunted aside and what is being applied for is an actual permit and I think we need to know what that actual permit is for and how many pieces of the'.old management plan are actually going to be applied for? Mr. Brown replied that you do not need to attach a lot of significance because it is going to be an "actual permit ". If you had gotten a Special Area Management Plan, you would have had something labeled as a permit as well. This is simply a vehicle for processing. That is all it is. My expectation is you are going to end up in the same place. We simply have a different vehicle for processing. It is like "don't come to the dance in your sport coat, put your tuxedo on." It is still the same dance. Mr. Ted Brown continued that we have basically been doing what you describe and have been having those meetings and engaging in the preliminary data to understand what some of the protocols are going to look like. I am reluctant to share those with you, but will if you ask me to, because this is a negotiation with the government and as much as we all might like to believe that the government is all on our side, I think your own experience. suggests to you that there are going to be nay sayers that are going to come out and be opposed to this at some point in the process. What I would like to do is confine my ability to remark to you as a whole, with the generalized kinds of responses that I have given you about where we are and what we -2095- PELICAN BAY ADVISORY COXXITTEE 16 G are doing and be free to talk with any one of you as often and as long as you would like on an individual basis. I do not want to provide for those who might be opposed to this, the details of the strategy to get from point "A" to point "z" in a way which would be counterproductive to the ultimate goal that both you and I share, which is to be successful in this endeavor. There are four or five major themes that we have been talking about and led to talking about in our meetings with the agencies and I have shared those all with you. They constitute a framework around which we will now seek to build the detail. By that, I mean we all recognize from Tackney's work, Lewis's work and others that we are going to need to have a mechanism that allows us to keep the main channel open and to periodically over time have the right to retrofit the smaller channels as they become clogged. If you accept that as a generalized concept, then how you now define that in the context of a permit, the brackets around which you are entitled to operate without having to go back to the government to seek permission to do that in the future. There is clearly in my view, a range within which the government will say that if you are between Point "C" and Point "G", whatever that may be, you are free to operate and move forward. If your data reveals that you are at Point "H" you'll have to come back and visit with us again. It is getting to that level of specificity that we are beginning to work on right now as a part of putting this package together and getting it refined so that we can get -2096- PELICAN BAY ADVISORY COXXITTEE 16 G to the next level of response from the government. My goal from the start has been to allow you to have a permit which allows you to manage this resource into the future without the necessity of returning to the government and get individualized permits for any individualized activities which you may think are necessary based upon how the system is performing, after the we do the initial work we are seeking to do. That is and remains the goal. In order to do that I have to get people like Mr. Tackney and Mr. Lewis to begin to get some degree of preciseness on how wide the channel has to be, how deep does it need to be, if it fills within six inches is that enough that we need to go and clean it out, etc. The issues become very complex and very endless, but we have to resolve all of those and in doing that we get to a point of governmental feedback and input. Mr. Popper stated that it strikes him that we are in a very long range program. The actions have been described, but what do you estimate the timeframe.? Mr. Ted Brown replied that when we came in, we said we could deliver a management plan by the end of the year. That assumed a format that we have now been told would not be an acceptable format. We are.adjusting to that. If everything will go just as well as we hoped it could go and I am assuming there is a measure of goodwill in this system for this process for what we are trying to do, there is an opportunity to get to a place where sometime during the end of the second quarter or to the middle or -2097- PELICAN BAY ADVISORY COMMITTEE December 4. 1996 16 G end of the third quarter of 1997 you might have this in place. One of the questions which arose last time was what happens if we have an emergency in the interim, will we be able to deal with it? The answer presently is that you wouldn't be able to deal with it. My hope is and it is only hope, to include in our submittal the specific request to deal with those kinds of emergency situations within the context of pre- existing permits being re- opened to allow them to be utilized on some basis, such as the pass closing which is the largest concern some people have. My sense is, because I have not specifically asked the question, that there is a reservoir of goodwill around what is viewed in the regulatory apparatus as a very sincere and good faith effort on the part of this community of interest to solve a problem. It is to that extent that the regulatory bureaucracy as cumbersome as it is, is being actively engaged and honestly pursued that if an emergency came about that we would have a very good opportunity of getting some fairly quick and immediate relief within the context of the total effort. Mr. Popper asked if he was saying that by this time next year on the outside, we should have a permit? Mr. Ted Brown replied yes, for ten years to operate this system. If I thought there was a huge amount of either public or governmental opposition, I wouldn't be that optimistic. To put a frame of reference around it, I finished a permit about one year ago that was five and one -half years in the making. -2098- PELICAN BAY ADVISORY COXXITTEE 1 L G r December 4, 1996 1 v Mr. Popper asked is the blight growing or is it contained? Where is it in retrospect to where it was two years ago? Mr. Ted Brown stated that he does not know. The project'.has been flown and aerials taken. We have not had those aerials blown up at this point. Mr. Popper stated that he would like to know whether or not this blight is increasing in size. Mr. Ted Brown replied that what has been reported is that there has been some increase in the size, but he cannot verify that information. Mr. Popper asked when we could have an answer to that question? Mr. Ted Brown replied that he would have the aerials blown up and take a look and qualify that as best we can. They are rectified aerial photos and that means they are tied to specific acreages, so we should be able to get fairly precise. The number that has been batted about is somewhere in the neighborhood of fifty (50) acres. My sense is that it has not measurably increased over that size, but I cannot answer that for you. Mr. Popper replied that he feels we need to find that out as an analysis as to where we stand now and where we are likely to be one year from now. It would seem that other than the cuts, we are not going to have anything definitive accomplished for another year. Mr. Ted Brown stated that he feels that is a fair assessment. -2099- BSLICAN BAY ADVISORY CO24LITTEE 1 6 V December 4. 1996 Mr. Hoyt stated that he feels the game has changed a little from where he thought we were. My recollection is that we approved $85,000 to the Brown firm for a management plan to be delivered this month. Operating on the theory that we would then have a number of decision points. One of the decision points coming out of the management plan would be going into what would be called the construction period and how we would deal with that. Now we have completely blurred from the management plan, moving on into the construction. Mr. Ted Brown replied that we are not. Mr. Hoyt stated if not, we are spending a heck of a lot more money, three or four times what we initially thought we were engaging to get a management plan. The management plan is now being blown up, so I think we have to understand or are at a decision point of do we approve this next move or not. Dr. Varley stated that what he understood was the management plan concept was out and is now being replaced with a permit plan, which is not a whole lot different. Mr. Ted Brown stated that the management plan is not out, you are simply going to the dance in a different suit of clothes. Mr. Popper stated that the suit of clothes costs twice as much as the original. Mr. Hermanson stated that in order to approve it, they have to issue a permit. That is the only thing they call it so you have to get a permit, but they are approving a management plan in -2100- PELICAN BAY ADVISORY COMMITTEE + 6 `" * _sue er 4. 1996 the process. It is not a one construction and you are done, it is a long term thing so you have to call it something other than construction. They still have to call it a permit. Normally when you get a permit it is to develop some property and when you are done with it, you do some monitoring after that and that is what the permit is for. This is a little different in that the work has been done and we are coming in after the fact to do something long term to repair a situation and it takes ten years or whatever we determine, but they still have to call it a permit. That is the only thing they can call it. Dr. Varley said that one of the things that he sees that is different is that the first concept said that the permitting agencies were going to say you have a good idea here, we need to develop this, we will help, we are on your side. If you do it our way with our input, we will approve it. Now what we are saying is convince me. You need to give me more data here and convince me what it is you want to do. To me that is a big difference. Mr. Ted Brown stated that if that was the impression created, he apologizes. I have not tried to create the impression that we have a blank check from the government. What I thought I have said is that this is a process in which to date we have received nothing but positive indications to please continue to come forward. Had the Army Corps of Engineers not said they wanted to proceed under an individual permit as the vehicle for reviewing -2101- PELICAN BAY ADVISORY COXXITTEE 1 6 G i Deaesber 4. 1996 the substantive detail of the management plan, we would have prepared a management plan and began the process. There are a lot of risks associated with that. When you look at ',the regulatory guidelines, that format can trigger a need for an Environmental Impact Statement. Had that come about, then I would have been standing here telling you that is about a two year process to get complete and not the amount of money I just described, but a whole lot of money. By switching off of that and moving over to a 404 Permit, you don't do anything differently at the end of the game, we simply have a different game at the front. You go in the left door as opposed to the right door, but you are going to come out the same door at the back, with a label on it called a permit. That doesn't mean anything. What does mean something is, what does the permit say. We will have a big hand in drafting those permit conditions. Mr. Tom Brown stated that he does not know how many studies have been made in Collier County for a second bridge over the Gordon River. A great number have been done, and nothing has ever been decided or built. We don't want to walk in those footsteps. Mr. Ted Brown replied that he can assure you that he will not let that happen. Mr. Tom Brown asked if it would be feasible to have a report once a month on what was done during the last month and what was going to be done in the next month or next four months with -2102- PELICAN HAY ADVISORY COXXITTEE December 4, 1996 1 10 G dates? All of this would take five minutes, on a single piece of paper. Each month there is a check -off and says this is what we said we would do, we didn't do them all, that's okay, nobody ever does. In other words, a firm business plan on this is how we are going to run this section of money. This section of money is getting bigger and bigger. I don't think anybody is questioning the total dollars if it gets the job done, it's just that there seems to be no accountability. Air. Ted Brown replied that the last time he was here he agreed to provide a monthly summary report and we will do that. I was here on November 13 and today is December 4. I am here today, I don't know exactly what I could add to it that I am not putting out today. I don't mind doing that and if it will help I want to do that, but I want to say this process does not move quite the way you are envisioning it. For example the call I received today from the South Florida Water Management District is not a call that would have been on any plan that I would have given you. I might have had a plan to call them if I had not heard from them in the next ten days. I am trying to figure out how to give you substantive things to help you understand where we are. From my perspective the major and most substantive thing that would be important for you to focus on will be, as we continue to work with the consultant team and refine or put the meat on the bones to come back to you and review the real detail of what it is we are asking the government to do and get your -2103- h PELICAN BAY ADVISORY COXXITTEE 16 G'" reaction to it, and to do that in a way that is considerably more detailed than previously done. That is the process we are engaged in right now. That will be very important because'.the way that is structured and your willingness to say this is what we want to have this permit look like is then going to enable us create and estimate what the long term carry of that component is. One of the things that I have been continually sensitive to is not only the money that you and WCI budgeted for the fix. I can tell you that anything we put in play that meets the test of a management plan is going to have continuing expenses at the monitoring level and to that extent you have to as a result of monitoring data, go in and take action that was permitted under the management plan. What we are trying to do is not only devise a plan that lets you go in and take care of a short term fix, but most importantly and what appeals to the government in this whole initiative is the long term operational protocols and to make those that are capable of being done, in the context of a budget that the resident base is willing to endorse now and in the future. We think there is an opportunity to do that. Our real view is that if we can do what we think we can do, that is the cure for the system in terms of balancing the water inputs into the system and making sure they can be preserved and that will be relatively inexpensive. It will be self sustaining and relatively inexpensive in the future if you ever have to tinker with it and maintain it. -2104- PELICAN BAY ADVISORY COMMITTEE Deco 16G Mr. Pires stated that as he understood it earlier when this process was embarked upon, was that the management plan would not be a permit, but basically a blessing of the concept by'.the agencies so that you would go in with permits later on and as long as they were consistent with that plan there should be no difficulty in getting the permits. Mr. Ted Brown replied, no, that is not true. The Special Area Management Plan never envisioned any subset permit. It was the permit, that was the whole idea. You are not going to get a blank check. The government under anything that I can Potentially write or anyone in this room can write, that suggested that this is a resource that we want to do A, B and C to and it doesn't matter what conditions exist that we can do it, that will not happen. The most we can hope for is a set of brackets. Known brackets around what will be a likely set of circumstances of occurrences which historically occurred out here and what has been the responses of what man has undertaken to deal with those. I think that we can define a set of brackets around those that will enable us to keep the system clean, define how we will do it, what the conditions are, how we will monitor it both pre and post. At each point when you do that the government is going to insist upon some level of notification and involvement. You just don't go out there on Saturday and open a channel that someone feels is a little clogged. There will be something like a Pre- discharge Notification to the Army Corps of -2105- pELICAN BAY ADVISORY COXMITTEE n.^ft . u -- . - - - Engineers and the State of Florida, which will say that our data now shows that Channels A, B, C, and D are filling up with silt and the tidal prism is therefore reduced and we are giving'.you notice that meets the test within the defined parameters Of the Management Plan and we are proceeding forward. The government will probably insist on some right to come and verify that, but hopefully we can structure it in a way that they are going to be getting copies of the data report and they will only need to be directed to review it. It will be very short fuses and will not be the requirement of filing independent permit applications. That is the structure we have talked about with the government that is the . ' oal g If we can't deliver that, we have to come back and say they won't do it and decide what to do from there. Mr. Popper asked at each juncture that is described that open the door for public does comment? Mr. Ted Brown replied in the negative. Mr. Popper asked asked if we have to -date gotten the cooperation of the Wildlife Federation, The Conservancy and these local groups? Mr. Ted Brown replied that we have not met with any of the local environmental groups with the expressed purpose of giving them input or dealing with them in any way at this point. We have met with Save The Bays and the Mangrove Action Group, the Conservancy and Dr. Fran Stallings. We will be doing There are only so man that. y people you can see. My typical days in -2106- 16G PELICAN BAY ADVISORY COMMITTEE December 4, L996 Naples consists of approximately seven to eight meetings and I need to prioritize those in terms of the data that I need. Mr. Popper stated that he asked that only because we should get the local support. From past experience, if we have one objection from any of these local groups, those in Tallahassee are going to throw up the red flag. Mr. Ted Brown stated that obviously if you have an objection from a group that has credibility, then that objection is going to have to be dealt with. I don't think you should assume carte blanche, that just because there is an objection it will necessarily be adhered to. There are multiple explanations for various kinds of facts and from my own experience dealing with environmental groups, if there is a range from 0 -10 with "0" being the most extreme on one end and "10" on the other and there is a bunch of them in between, you very infrequently get the "0's" and the "10's" to come along and that is fine. They will say what they have to say and as the process moves forward and is scientifically justifiable, those kinds of objections can be gotten past. I am willing to meet anybody at any time with any group that wants to meet and we will doing that. We will be sitting down with them and talking to them and seeking their input. Mr. Tom Brown stated that the County owns this property and asked who was in charge at the County that could do half of this work with you? -2107- 16G PLLIC" BAY ADVISORY COMMITTEE DeCembOr 4, 1996 16 G Mr. Ted Brown stated that he has met with Commissioner Hancock. I do not want to mis- characterize or overstate what he said, but the County is well aware of the role that they Potentially do or do not play, even though they own the resources. As you know from the history of this, there has been a very difficult sell to get the County to appropriate funds to deal with this issue. Mr. Tom Brown stated that he is not talking about that. Who in the County has the responsibility to oversee this 500 acres? Mr. Ted Brown replied that the only people he can think of would be Mr. Hatcher and Mr. Lorenz. Mr. Tom Brown stated then they should be the two people to help with the Conservancy and local groups. Mr. Ted Brown assured Mr. Tom Brown that they are intricately involved in the process. We talk almost weekly by phone and visit as often as I am in Naples. They have been extraordinarily cooperative and helpful in providing data and offering their ideas and supporting this initiative. I have nothing but high praise for the staff at the County level. Mr. Hermanson stated that he thinks it would be very helpful if you could get written endorsements where possible. That is very helpful. You can get objections and they will come in writing, but written endorsements will be very helpful. Mr. Ted Brown replied that there is a time to do that. I understand that and will be pursuing that. -2108- PELICAN BAY ADVISORY COMMITTEE December 4. 1996 1 L �+ Mr. Hermanson asked for Mr. Ted Brown's best estimat- as far getting the application in? Mr. Ted Brown replied that he is desperate to get it filed as soon as possible. My hope and expectation is that we will have that filed no later than mid -way through the first quarter of next year. Dr. Varley asked if it required all of the fund expenditures to begin filing? Mr. Ted Brown replied in the negative. Mr. Hermanson agreed that he would like to have an update as to the progress as to what has been going on and the area of die off where it is now, as compared to what it was the last time we saw it. I have heard that there have been some improvements in areas and regrowth and I would like to see where those areas are and some photos to see what we are talking about. Mr. Craighead asked if we must approve the expenses today which are outlined in this letter? If we don't approve it, then what happens? Mr. Ted Brown replied that if you don't approve it, we are in a bit of a bind in terms of our ability to proceed. In order to design flap gates I have to have an engineer. I can tell you when we go into the government with this kind of an application, the more issues that I can anticipate and solve thoroughly at the front door, expedites the process coming out the back door. My sense is that I want it to be as absolutely complete as I can -2109- PELICAN BAY ADVISORY COXXITTEE n.^�Mu. • - - - - 1 bG Possibly make it and the very get -go. If you hope to get from Point "A" to Point "Z" whether you want my leadership or not, then you are going to have to pay some amalgamation of these kinds of people at some point in time. Mr. Craighead stated that basically we have no choice. Mr. Ted Brown replied that whether you go forward or not is Your choice. Mr. Werner asked if we were being asked to approve this? Mr. Ted Brown stated that he does not have fine tuned numbers. The difficulty is that these people are working for you at my request and they are not being paid. We have not processed this through. If I wait for it to wa rocess all the p y through before we actually bring them on board, then you can add another sixty (60) to ninety (90) days into the deal. All of these people will be willing to go forward if there is some expectation that you are in agreement that they are to be employed as part of the consulting team for doing it. We have done that on this basis. If I have to a p y them out of my pocket, I will, but the bottom line is, they are already working. Mr. Werner asked what we are being asked to do today? Dr. Varley stated that he objects that this proposal was not received until a few hours before the meeting and there is a lot that he does not understand. I would predict that there is not a real substantial feeling from this Committee that we should not spend the money. I do think that there is a concern of what it -2110- PELIC" DAY ADVISORY COMMITTEE . 16G is we are getting into, is this the end of it, are we getting near the end, or is this just the beginning and in another three months is it going to be another $100,000. Mr. Ted Brown stated that two of the contracts do not have "not -to- exceed" prices in them. One is from Mr. Lewis and the other is from Wilson, Miller, Barton & Peek. I will be meeting with both of those consultants tomorrow to refine that and at that point you will have "not -to- exceed numbers" that are designed to take you from here to issuance or denial of this request. This has nothing to do with the implementation. There may be a need from time to time to come back to you, if we get to a process where the government is insisting on data that can only be generated by retaining this additional firm to generate that data. We are going to try to avoid that, but at some point there is some potential that I will have to knock on your door again. My intent is to say that this is the parameters to get from where we are now to getting a permit issued. There will be the implementation costs after that. Mr. Hermanson stated that he is not suggesting that he likes all of these numbers, but isn't this type of work part of the money that was budgeted for the first year? Mr. Ward replied in the affirmative. Mr. Hermanson asked if these numbers will need any increases or changes to implement? Mr. Ward replied that there will be some slight changes -2111- PELICAN BAY ADVISORY COXMITTEE needed. When we hired Mr. Brown and Dr. Hillestad, I looked at 16G them as managers of the system. Individuals who will lead the team in terms of trying to get the permit, whether it is called a 404 permit or a SAMP permit. There was no question in my mind that as we got into this process and they started working with the regulatory agencies in this endeavor, that we would need to hire a team of experts to assist them in the specific design elements required to both submit the permit the work through the process and then finally obtain that permit from the agencies. What he has outlined is a very reasonable approach to the next step in that permitting process. I quite frankly expected the team to come in a little more than this. I think you have been provided a reasonable approach of the expectations of the professionals necessary to get to the next step. Mr. Brown is a little more optimistic than I am in terms of the dollars to be spent in the next few months relative to obtaining the permit. I have been through it a couple of times and it is not cheap to get through the permitting process. It runs into lots and lots of money and there will be a point in time if it becomes too cumbersome, where the decision making process for you will be, do we put more money into this process or do we cut our losses and go off and let the system do its own thing. I don't think we are anyway near being at that point yet. This is just the beginning stages of that process. The outline of work that has been done with the regulatory agencies have been very good in terms of -2112- PELICAN BAY ADVISORY COXXITTEE 1 6 G Doc producing the results that are on this piece of paper today. Quite frankly, the work that has been done would not be as good as it is right now and this team could be substantially more expensive and more dollars involved. They have been able to at least put their hands around what this process really is and try to rein in this Consultants Full Employment Act that you have in these types of projects and really define a Scope of Services that is relatively limited for the project that we are doing. It relatively limits the dollars that we are going to spend. When he and I talked about this in the last two weeks and I saw this letter yesterday, I was quite frankly pleased that the dollars came in at this level for the next phase and with this limit to the consultant team in terms of the definition of the types of services they are going to provide. If you look at it terms of what we did in the Short Term Program for consulting dollars, we are not far off from where we are today and have gotten a lot further in terms of trying to put our hands around that problem in Clam Bay and identifying what some of the more long term solutions are and focusing this team on preparing specific things for specific agencies to get to a specific point. I thought it was a pretty good program and process and certainly a good budget from my perspective in terms of proceeding to the next phase. Dr. Varley stated that the one thing he doesn't sense and has been said, is that the budget that is being proposed will get us a filed permit application. -2113- PELICAN BAY ADVISORY COXXITTEE 16G December A. &M - Mr. Ted Brown stated that this budget is not just intent on getting you through the filing of the application, but the processing of it to a decision. Dr. Varley stated that the hardest thing for a regulatory bureaucrat to do is make a decision. If you go up, sit down and put your feet up on the desk and talk with him, they will give you all kinds of ideas. When it comes time to make a decision and they have to put their name on it, is when you really find out whether they are or are not with you. We are not going to find that out until we file a permit application. It is extremely important to as quickly as possible test their wisdom by making a filing, then reading the feelings when it comes back to whether these people are really sincere or not. Mr. Ted Brown replied that you are right, but there is another attribute to it and that is the process we have been engaged in up until this point. When you are talking about something that has the complexity that this has, there is a lot of need for a pre- application process. That is basically what we have been doing. If you don't do that you could go in and ask for A, B, and C and thinking that is absolutely what you need to do, but the agencies are convinced it is D, E, and F. By having the level of dialogue that we have had to date, we think that we are all on the same page in terms of the generalized concepts and ideas about what it is we want to do. That is a huge plus. Now as we try to put the meat of the bone on those concepts, that is -2114- pELIC" BAY ADVISORY COMMITTEE 1 6 G where the rubber meets the road and I can envision and this is a hypothetical illustration, the Army Corps of Engineers could be very willing to say the brackets are between D and P and if', you fall in that category you can go do it. The State of Florida may say we are not going to go that far, we are just between D and G. Now I have to get them all on the same page at some point, so is there a compromise that puts us between a D and H. I do not know. That is the process. The important thing is, if you can get them to by into the concept, you can negotiate the details. Dr. Varley stated that is the real key in his mind and he still does not have a good sense that will happen. Mr. Ted Brown replied that he feels it is achievable and that is the best he can tell you at this point. Dr. Varley stated that he has no doubt about Mr. Brown's sincerity, but he does nave some reservaL.iViIZD �••-- permitting agencies sincerity. Dr. Brown replied, and you should have. Dr. Varley stated that when you look at the answer we got back in regard to the pumps, it appears it does not take any genius to figure out that they are not going to ever permit that. Mr. Ted Brown stated that one of the things that we have made clear when we talked to the agencies is that this group of people that hired us are not going to tolerate spending the $2,000,000, put in the bank to deal with this, to conduct a whole lot of testing. Testing doesn't address their problem. To the -2115- PELICAN BAY ADVISORY COXXITTEE 1 b G , 1996 extent that you, government, are going to insist that we begin a data search over the next three years, we are not here for that. Having said that, you have to say in the next breath, we can appreciate that there may be some data set that you just have to have in order to meet the tests you have to meet to qualify us to do what we want to do and to that extent we can talk about those and decide collectively amongst ourselves that it makes sense to get that additional data. We are not adverse to including that within the context of the permit and developing it and going forward with it. We have tried to make it clear that what we bring to the table today is not only a desire to solve a ecological problem, but we bring the resources to solve it. These resources which I am telling them and repeating to you, will not be spent on data collection. There are no reports. You, Federal government, State of Florida, Collier County haven't stepped up to the plate with a dime. In that context you now, government, have an opportunity to address this problem with resources that have been put in the bank for you to use. If you will work with us, we will find a common ground. I think that is saleable and we have gotten positive responses from them. They understand. Mr. Craighead stated that we should support this concept today. If we wait until January 8, to me that is going to postpone everything another thirty (30) days down the road and the completion will be postponed. I was very upset when Mr. -2116- pELICAN BAY ADVISORY COi XITTBB December 4, 1996 16 G Brown said he might have to pay these consultants out of his own pocket. If we have the money and the authority and approve the concept, we should see to it that the contractors get paid. Mr. Hoyt asked what WCI's response was to this plan? Mr. Ward replied that he talked to Ms. Watts about the program and where we are in this process and went over the preliminary numbers with her. Ms. Watts had no problems with this. Mr. Young stated that we are going to spend $250,000 before we construct anything. Are they (WCI) willing to pick up 50% of these costs? Mr. Ward replied in the affirmative. Mr. Tom Brown asked if that included any fees for T.R. Brown Company for next year? Mr. Ted Brown replied in the affirmative. Mr. Mudge asked if there was a problem in getting these bills paid through the County Purchasing? Mr. Ward replied that there is no problem. I have been a little too diligent in not paying things, because I was more interested in insuring that you understood all of the exact bills that were going to be processed for payment before they were actually paid. What I said to you a month ago and what I had said to Mr. Brown and the rest of the team, was that before we proceed any further down the road, I want a budget prepared of all the consultants and the work that is going to be done to get -2117- PELICAN BAY ADVISORY COMKITTEB 1 ! G December 4.199 us through to a certain point. I am not going to pay a bill until we get to that process. That essentially is what this document is intended to do. I did not want to process bills in terms of our payment system and get things done without your full knowledge of that. Besides I have to go back to the Board of County Commissioners with an approval of all of this. I wanted to do that in one Executive Summary instead of going back every two weeks. Mr. Mudge asked if he was able to do that now? Mr. Ward replied that this only sets the framework for the project. They have to actually meet and define specific Scopes of Service with a specific fee schedule outlined and once I receive those numbers, as long as they are in accordance with this budget, then I can go to the Board with an Executive Summary. Mr. Mudge asked when this information will be available in order that Mr. Ward can go to the Board of County Commissioners? Mr. Ted Brown replied that he has met with everyone with the exception of Mr. Lewis and we are going to be meeting tomorrow to discuss that issue. It should all be available by Monday. Dr. Varley asked if that information would be provided to the Advisory Committee as soon as it is available. Mr. Ward replied that he would send a copy of the Executive Summary as well as all of the proposals. Mr. Werner stated that he is confused. A few minutes ago we -2118- PELICAN BAY ADVISORY COMMITTER . pocember 4. 199 16G were told that we are not being asked to approve anything and now I feel we are being told we have to approve this concept without the numbers, so that Mr. Ward can write an Executive Summary'. and get it approved. Where are we? Mr. Ted Brown stated that unless he gets the sense that the Committee is tired of the whole process and wants to stop, in which case I will send my final bill and close the file and go home. One of the unique things about this type of work is that the people who work in it are highly motivated to do it. There are a lot of folks giving time, energy and effort, and a lot of folks outside what I am asking you to pay that are giving time, energy and effort to make this happen. We are going to keep going until you tell us to stop. We are not going to quit. I do need to tell people like Mr. Tackney to feel comfortable that he is going to get retained here. I would like you to approve the consultant team and we can work on the numbers. I at least want him to know that you think enough of him to let him be part of your process. Mr. Ward stated that in being frank and honest in terms of this process, in order to get the consulting team hired I have to go back to the Board of County Commissioners and ask them to retain these specific consultants for a specific service at a specific fee. If Mr. Brown wants to meet the time schedules to file this permit during the first quarter of 1997, that in my opinion is important that this gets done right away. If you want -2119- VZLICAX SAY ADVISORY COmarrBm 16 to wait until January, that is fine with me and I have no problem with that. It just means that you put off the permit for another thirty (30) days. I will tell you I am not going to bave consultants work without having work authorizations in plats, with the understanding that they may get paid at some point in the future. That is not happening under this administration. If you want to proceed forward, the time schedules are abort. we will try to get the information to you as quickly as possible, with the understanding of it being on a daily basis with everyone. If you want to reconvene in another week when we have the final proposals that is fine. If you want to wait until January, that is fine. If you are comfortable with doing it today, that is fine with me too. The time schedules because of everyone's concern to get the permit filed as soon as possible, we are trying to get this information to you as soon as possible. Sometimes that means you are going to get it a couple of hours before your being asked to act on it. That is what is happening here today. If you are uncomfortable with that, that is fine. That just means you have to understand if you want to take a couple of days or weeks to look at something, that means the time schedule to get the permit application in just gets pushed off until we hire the consultants necessary to do the job. Mr. Mudge asked what the Board needed more time for? Mr. Hoyt stated that we do no have good numbers here. Mr. Mudge stated we have "not -to- exceed" numbers from the -2120- PELICAN HAY ADVISORY COWKITTEE 1 6 G Deoomber 4. 1996 consultants. Mr. Ted Brown stated that he does not have those numbers from Mr. Lewis or Wilson, Miller, Barton & Peek. Mr. Popper stated that even if they are bigger numbers, are we saying we are not going to do it? Mr. Ted Brown suggested that the action be taken to approve today on these numbers. Mr. Tom Brown stated that it is most important that if we are spending this kind of money, we should be getting a monthly progress report, where the money went and what's going to be accomplished in the next one, two or three months. This will enable us to go back each month and see that was supposed to be accomplished and it was or was not. Mr. Hermanson suggested that go in the contracts. Mr. Ted Brown replied that is not a problem. Mr. Tom Brown stated that we thought we would be off and running in December and we have nothing. We are in a very awkward position when we look at the residents of Pelican Bay and say we didn't get anything done in six months. Mr. Ted Brown replied that he disagrees with that. I think a lot has been done. A statement has been made to which I take a strong exception. I have probably twice as much time in this file than I have been paid for. I am not complaining about that. That is just the way these processes work. They are extraordinarily labor intensive. I suspect the budget I gave you -2121- G PZLICAX BAY ADVISORY COXXITTEE 16 G December 6. 1996 for my and Dr. Hillestad's work will be exceeded by multiples of two or two and one -half times. To say you haven't gotten anything, that depends on what your expectations were. If your expectation was that you had something at hand, you haven't. We have made a lot of progress in terms of getting this position for an opportunity for success. Mr. Ward stated that he agrees with Mr. Ted Brown in the way the process has worked. At least from my perspective, a lot of the work we have talked about in this longer term program in the initial months, really is the dialogue that has occurred with the regulatory agencies. This is a negotiation and he is negotiating heavily with these regulatory agencies right now, to be able to put something on a piece of paper at some point in the future. It is not a good idea to do that at this time and articulate that level of detail every month with you. Some of it is that we have got be assured that I trust what Mr. Brown and Dr. Hillestad are doing in terms of this process. That process will be successful for you in the coming months. I think he has done an incredible job in the work effort that has been put it. It has been beyond my expectations of where I thought we would be at this point in time and I am sure that effort will continue over the next couple of months. At least from my perspective I think we have gotten an excellent program going and that will continue as we go into 1997. Mr. Carl Bontemps, Mangrove Action Group stated that he is -2122- PELICAN BAY ADVISORY COXXITTBE December 4. 1996 supportive of what is going on here. The Mangrove Action Group took the opportunity to be in touch with Mr. Brown and invited him to talk with us. We cross - examined him as to what you'.are going to do when you dynamite out there, how wide, how deep, what are these parameters? We felt extremely confident that Mr. Browns group has their head screwed on right, are doing the right things and going about it technically right. I am an engineer and my background is in science and technology and I feel real good with what is being done. Mr. Craighead stated that he does not want our Committee to be guilty of what governmental agencies are, of not making decisions. Xr. Hermanson moved, seconded by Xr. Platto and approved unanimously that we approve the concept letter of December 3, 1996 for the consulting team as it is spelled out, with the numbers as stated and subject to WC21s written approval. Mr. Ted Brown stated his appreciation for the endorsement. I feel an enormous amount of need to succeed, which is driven by not only my personal dedication to the environment that you have out there, but due to the fact that I know there is a real commitment of wanting to see something happen. I say to you that we will have and continue to have, by the nature of human equation, our small disagreements about where we are and how fast we are getting there, but I want to assure you that our hearts are in the right place and we are trying to do this as cost effectively and as quickly and as time sensitively as possible. -2123- PELICAN BAY ADVISORY COMKITTEE pecesber 4. 1996 16 G If any of you have a need to talk with me, I am available by phone and I will provide you with the up to the minute news at that time. Mr. Werner stated that his frustration is not with Mr. Brown, but we have been promised monthly reports on the budget today on the amounts expended, amounts to be expended and how that compares to the reserve amount, etc. and we have not received it. Mr. Tom Brown stated that if a monthly status report had been submitted with the problems listed, this discussion could have been cut in half or less. Mr. Brown stated he is committed to doing that. FLUSHING CUTS Mr. Ward stated that the flushing cuts are going to be done one week from today. Mr. Craighead asked where it was going to be? Mr. Ward stated that it would be to the north of the south boardwalk. I have a map that locates the area and I will send it out to you. Dr. Varley stated that he has had people commenting on how long it has been taking to get the median cuts finished on Pelican Bay Boulevard. It does look as if things have started to move along in the last two to three days. -2124- PELICAN BAY ADVISORY COXMITTEE Degemb.r 4, 1996 Dr. Varley asked if it was not a stipulation that this work would be done before the tourist season? Mr. Ward replied that he has heard the same comments ",and feels they have done a pretty good job of doing all of the construction activities in terms of the time schedule. I did not see a huge problem with it. They finished up the curb today and will clean it up this afternoon or tomorrow and will finish up the landscape early next week. They have moved along at a relatively good pace for the level of work that had to get done. Mr. Mudge asked if they would be replacing the dead trees? Mr. Ward replied that there is a landscaping program. The Oaks are fifteen years old and not really replaceable. I think one of them is definitely gone. They have agreed to replace with other materials. $ OAK LIGHT Mr. Mudge asked if there was progress being made on the Hammock Oak traffic light? Mr. Ward stated that he would have to check on the status of that light. CLAN-2-ASS-PERMIT Mr. Werner asked if the items from last meeting had been researched? One item was whether or not the Clam Pass permit was good for one year and if it could be used to open the pass if it would close again? Dr. Varley stated that Commissioner Hancock was to respond -2125- 16G1 PELICAN BAY ADVISORY COXXXTTEE r December 4. 1996 G to that item and he has not heard. Mr. Ward replied that he had not received any information and was suspect it was due to the holidays. Mr. Ward stated that he would contact Commissioner Hancock's office. Mrs. Desilver stated that she spoke to Commissioner Hancock in the last few days and the reply was that the permit was not good for one year. Mr. Werner continued that another item was whether or not we would get $30,000 or $60,000 from the County as part of their NRPA effort? Mr. Ward replied that Commissioner Hancock was going to follow up on that item. I will contact Commissioner Hancock tomorrow. The question was, what was in the County budget for the NRPA for the area west of the berm. Mr. Mudge asked whether there is any idea of why the cattails have died at the north berm? Mr. Ward replied that the only logical answer came from Mr. Hatcher of Collier County that stated that due to some of the tidal flows that occurred in the north bay, there was a lot of saltwater intrusion in that location. Obviously cattails do not live in saltwater and this had a detrimental effect. IRRIGATION SYSTEM Mr. Flatto stated that along Pelican Bay Boulevard, Crayton Road and West Boulevard the sprinklers are hitting the road more -2126- PELICAN BAY ADVISORY COMMITTEE Doc mher 4, 1996 '-16 G than the grass in terms of placement and asked if someone could look at that situation. ADVISORY COMMITTEE MEMBERS Mr. Werner stated that he has applied to be re- appointed to the Advisory Committee. When he had first been appointed there were active committees, where people were involved in the landscaping and other aspects of Pelican Hay. If I am re- appointed I would encourage the resurrection of these committee as an agenda item for February. Dr. Varley stated that he feels that is an excellent idea and should include other people that are not on the Committee to be involved also. Dr. Varley stated that there are five openings on the Committee as of January 29, 1997. The vacancies are for Mr. Werner,-Dr. Varley, Mr. Hoyt, Mrs. Althoff and Dr. Goodman. ADJOURNMENT There being no further business, the meeting adjourned at 4:40 P.M. Dr. Alan Varley, Chairman -2127- f Naples, Florida December 16, 1996 LET IT BE KNOWN, That the Pelican Bay MSTBU Advisory Committee met in Special Session on this date at 1:00 P.M. at the Foundation Center, 8962 Hammock Oak Drive, Naples with the following members present: Dr. Mr. Mrs Mr. Mr. Mr. Mr. Alan Varley, Chairman Russell Mudge, Vice Chairman Mary Lou Althoff Thomas C. Brown (absent) Rodkey Craighead Frederick Flatto (absent) Glenn Harrell Mr. George Hermanson (absent) Mr. John Hoyt Mrs. Cora Obley Mr. Anthony Pires Mr. Charles Popper (absent) Mr. George Werner Mr. Bernon Young ALSO PRESENT: Various residents of Pelican Bay (approximately 10) ; Mr. James P. Ward, Division Administrator and Mrs. Barbara Smith, Recording Secretary. 1. Roll Call 2. Discussion regarding the Executive Summary to Board of County Commissioners for the Long Term Restoration Program 3. Adjournment Dr. Varley called the meeting to Order at 1:00 P.M. and asked that the record show Messrs. Brown, Flatto, Hermanson and Popper absent with excused absences. Dr. Varley explained that the meeting today was to discuss the proposal to the Board of County Commissioners to authorize the spending of' the additional funds to complete the short term mangrove project and to complete the Management Plan. Mr. Ward stated that the Board of County Commissioners will meet for the last time tomorrow before going on it's Christmas and New Year's recess and will not return to session until -2128- 16G PELICAN BAY ADVISORY COMMITTEE December 16, 1996 16G � January 7, 1997. In accordance with that and in accordance with our last meeting, what I have been trying to work on is to get in some final form, the proposals from the sub - consultants that we can put on the County Commission Agenda for December 17, 1996 in order to begin this work for the Long Term Restoration Program. The alternative was to hold all of these proposals until we came back to you in January and then put it on an agenda later in the month. Obviously, bringing this back is due to the fact that these proposals are different from the numbers that were presented to you a week ago. In order to keep the process moving forward as much as we possibly could, during the intervening period, I thought it was most appropriate to go ahead and put this item on the agenda for the December 17 meeting and to allow you to have discussion about this proposal before tomorrow's vote, so that we would have an understanding of exactly where we are in the process. Mr. Ward explained the changes in the proposals as they related to what had previously been presented. The changes are totally in the area of Lewis Environmental. As a part of the permit that we currently have from FDEP relative to the flushin,�t cuts, there is the requirement to do a number of things now and over the ensuing five years, which is the length of the permit, relative to the monitoring of those flushing cuts. These requirements entail such items as baseline monitoring, setting some wells to monitor water levels, identify plant species and to -2129- I , PELICAN BAY ADVISORY COMMITTEE 1 6 G December 16, 1996 report to those agencies on a periodic basis a number of different parameters. In doing that, my staff has been working with Mr. Lewis to come up with a short term proposal to allow us to meet the requirements of the short term permit that we have with the Corps of Engineers and FDEP, with the understanding to do two things. First is that we would be in a position to have my staff trained as much as possible relative to the continuance of that monitoring over the time left on that permit. There is a certain amount of money contained in this proposal to do that. Secondarily, to go back to the regulatory agencies on the short term permit to modify some of the permitting criteria that they established in the issuance of those short term permits. One is to better monitor the system for the benefit of the long term program and to change some of those monitoring requirements that will both help that and in addition, reduce our overall costs over the long term. That short term program has come in at approximately $42,500. That breakdown has been passed out to you earlier. In the memorandum dated November 15 from Mr. Lewis that is attached to the Executive Summary, the amount was approximately $10,000 less. There is a faxed memorandum attached to that dated December 8, where Mr. Lewis includes an additional $10,000 for the support necessary relative to the changes that we are looking to implement in the short term permit. Secondarily to that, the $42,500 has never been discussed with you in terms of the long term program. This is a separate issue in terms of -2130- PT.LICAN HAY ADVISORY COXXITTEB Degeabgr 16. 1996 16G the monitoring requirements that we have been handling outside of the constraints of Mr. Brown's proposal. Mr. Ward continued that Part II is the fact that Mr. Brown had referenced to you a few weeks ago that we had expected Mr. Lewis's work efforts to include about $30,000 for his efforts on the long term program. That final proposal from Mr. Lewis is still being worked on at this moment, but the budget number of $30,000 is satisfactory from Mr. Brown's perspective in terms of trying to get Mr. Lewis on board and to more specifically identify his work efforts over the next few weeks. The other part of the issue that is important is the relationship and the Scope of Services that have been included from Wilson, Miller, Barton & Peek. The amount that we have included in this budget is $90,000 which is the amount that Mr. Brown had referenced. What Wilson, Miller will be doing is probably one of the most subjective parts of the work effort between now and the next few months. That work effort is related to drawings and graphics and data gathering and things that the regulatory agencies may or may not require over the next few months, as Mr. Browns starts to flush out the details of this overall program. The $90,000 is the most flexible part of the budget in terms of whether it will go up or down. I think it has the potential to go either way at this point in time. In my mind it is a conservative number to start with, relative to this particular proposal. -2131- PELICAN BAY ADVISORY COMMITTEE December 16. 1996 ' 16G With that the major part of the changes is Mr. Lewis's work on the short term work which we had not discussed before, but which are extraordinarily important that we begin undertaking as soon as possible. It will give us a lot of credibility with the agencies if we can get that work effort started, get it into the agencies as soon as possible and begin to produce the kinds of results that we are looking for over the ensuing months. That lets the regulators know that we are going to be able to at least meet the conditions of our existing short term permits, which are although expensive in terms of this work effort, but relatively minor in terms of the overall restoration effort. I think they will go a long ways towards recognizing our commitment to the restoration efforts and is one of the reasons I think it is very important that we now begin moving on this front as soon as possible. Mr. Ward stated that the financial statements will be ready for the January 8, 1997 meeting. I have been making some changes with Finance and they are in the middle of their audit period, so it is a little time consuming to get them to make changes, but something will be ready by the January 8 meeting which will totally answer any questions you have relative to the financing of this system. In general with this proposal and with Mr. Brown's proposal we will have about $300,000 in total obligations for the system, for the long term efforts and the monitoring on the short term efforts. Everything prior to October 1 was either -2132- tv . PELICAN BAY ADVISORY COXXITTEE December 16, 1996 f 16G paid for by us or paid for by WCI or the County in whatever form and have not been included in our long term efforts. Of that $300,000 approximately one -half will be coming from WCI as their participatory share of the program. WCI has reviewed this proposal and agreed to it and urge us to go forward. Dr. Varley stated that the short term program that is not part of the Brown effort, he thought was a single time permit to open those channels. Dr. Varley stated that he thought it was a single event, then all over. Now I hear that it is going to keep going on for some time now and we have to monitor it. I quite frankly did not know we were committed to monitoring after the results, let alone this perpetuity out into future time. What is our commitment? Mr. Ward replied that the permit runs through May 1, 2001 which is the permit expiration date. Dr. Varley asked if that means that we can open those channels at our discretion any time until then? Mr. Ward replied that it means we are required to monitor the existing conditions to determine how successful they were. I am not aware that it gives us the latitude to go in and reopen those channels in the, event they close again. Anytime you receive a permit from a regulatory agency, the given always is that you are going to have conditions associated with that permit that require you to do certain monitoring. That is always true in an estuarine system that you are making changes to. Any permit that -2133- PELICAN BAY ADVISORY COXXITTEE DOCember 16. 1996 we ever get will always have a monitoring condition associated with it. The key is to negotiate those requirements to be the least costly, but the most beneficial, in terms of whatever it is you are trying to accomplish. Dr. Varley asked if there was any estimate of what it would cost per year until 2001? Mr. Ward replied that once we complete this initial work relative to the short term program, which is the $42,500, my staff will be in a position to do approximately 90% of the work. Our in -house staff and equipment will handle the plant identification and accumulating all of the data and I think we will probably utilize Mr. Lewis's firm to do some of the report preparation for submittal to the regulatory agencies. Staff time, our own equipment and Mr. Lewis's time, I expect will run about $10,000 per year on the long term effort through the year 2001. Dr. Varley asked if that included Mr. Lewis? Mr. Ward replied that it would include Mr. Lewis. Mr. Lewis will be relatively low in terms of the distribution of costs after we finish this work. It will be just the accumulation of data in the format that the regulatory agencies like and then the submittal of the data. Mr. Pires asked about the details of Mr. Lewis "s proposal. With the addition of $10,000 there is no breakdown as to hours, personnel or the rates to be charged for fee. -2134- PELICAN BAY ADVISORY COXXITTEE December 16, 1996 Mr. Ward replied that we have not identified a specific number of man hours for that work. It is more related to assisting Wilson, Miller in what I am still calling the short term work efforts, which include the overflow structure and probably working with the regulatory agencies on modifying some of the existing permit conditions to make them more consistent with what we will know we will need on the long term basis and less costly to us in the long run. That is Mr. Lewis's estimate of the time to do that and we have not gotten the detailed proposal from him at this particular time, but we are working on getting that. Mr. Pires stated that Mr. Lewis's proposal had an item listed for CADD work and asked if this was for the short term program because Wilson, Miller will be doing the graphics and will need CADD work also? Mr. Ward replied that this is short term work. The CADD drawings required to get the information to the regulatory agencies with the reports. Mr. Pires asked if this was not proprietary to Mr. Lewis so that he can give it to Wilson, Miller in order to avoid a duplication of effort? Mr. Ward replied in the affirmative. Mr. Ward explained that for everyone's edification, CARD means Computerized Design and is essentially what engineers use to do drawings these days, that then get submitted to whomever. Most of the graphic work today -2135- 16G I r, PELICAN BAY ADVISORY COXXITTEB Deoember 16. 1996 16G that comes before you from engineers is done on CADD Computerized Design Systems. The issue between all of the consultants if you listen between the lines, once one guy does the CARD drawings they don't want to give them to anybody else because they consider them proprietary. We have already negotiated that problem away and those CARD drawings will be shared. Mr. Hoyt asked that when you say $300,000, is that the $213,000, plus the $85,000? Mr. Ward replied in the affirmative. Mr. Hoyt asked if WCI has agreed to participate in the $85,000 as well as the $213,000, which means our costs are around $150,000? Mr. Ward replied in the affirmative. Mr. Hoyt asked Mr. Ward is he said the $90,000 to Wilson, Miller could go higher? Mr. Ward stated that he indicated that it was the most subjective cost at this point in time because it is going to be the part that we are not real sure what the regulatory agencies are going to require in terms of the issues that Mr. Pires raised for graphic information, etc. I have put a number in here that I think is relatively conservative and generally by that I mean, I hope that it won't go any higher than that. I really do not know at this point, it is just going to take effort as we go through the ensuing months, but it is the most conservative number in here at this point and is subject to change. It is not a fixed -2136- PELICAN BAY ADVISORY COMMITTEE 1 6 G December 16, 1996 r ' number. Mr. Hoyt asked if an increase would need approval to go higher? Mr. Ward replied in the affirmative. Mr. Werner stated that this is part of the summary that does not go higher without County approval and does not necessarily mean that we have anything to say about it. Mr. Hoyt stated that we are advising the County. Mr. Ward replied that the way the contracts are written it comes through me. As I have done with these proposals they come to me, goes on to you for approval and then on up through the chain. Mr. Hoyt asked if the flushing cuts were finished? Mr. Ward replied in the affirmative. They were completed last week. Mr. Hoyt asked if anyone assisted Mr. Lewis on that effort? Mr. Ward replied that his staff was out there, along with Mr. Lewis; Wilson, Miller and the newspapers were also notified. I do not know if the newspapers were there or not, but everyone was notified. Mr. Young stated that he had a figure of around $35,000 for Mr. Tackney and now it is $46,000. Mr. Ward stated that a few weeks ago Mr. Tackney's proposal was in the amount of $30,000. The new number is $46,000. What Mr. Tackney is doing is an essential part of this program. He is -2137- PELICAN BAY ADVISORY COXXITTEE Deceaber 16, 1996 6G a hydrologist and is the one who prepares the computer model that identifies water flows in and out of the system and what is the best way in his opinion, hydrographically to move the watei in and out of that system. He is a integral part of the design. Once he and Mr. Brown sat down they recognized that in terms of the amount of work that is required, the better that model is, the better chance we are going to have to get the permits necessary. The better design you get, the better potential for success in the long term. They significantly changed Mr. Tackney's proposal to you in order to accommodate that. My experience with Mr. Tackney as it related to both the quality of his work and the amount of money that he charges f or this work has been very good. He does excellent work. If you have ever seen his shop, it is a very small low key shop and the rates that he charges and what you get out of him for the amount that he charges is really extraordinary today. Although the change was significant in terms of his proposal, I was comfortable with who he is and the quality of work that he produces. Mr. Young asked if Mr. Tackney was the person doing the work with the Clam Pass Management Plan since his work is primarily water movement? Mr. Ward replied that the County has retained Humiston Moore and Turrell i Associates for the actual Clam Pass Inlet Management Program. As indicated before, both Mr. Tackney and Dr. Hillestad have had a lot of discussion relative to the best -2138- PELICAN BAY ADVISORY COMMITTEE I Decker 16, 1996 7 L i v way to keep Clam Pass opened long term for the community and Collier County. We know that long term effort for Clam Pass will get caught up or melded into this particular process and I think they will be a integral part of working with Humiston & Moore and Turrell in providing our information and vise versa, so that Inlet Management Plan and the long term permit to keep it open will be an integral part of the permit process that we are going through. Mr. Young stated that he is concerned. What happens if the two do not agree? Why would we not have used the same water flow expert that the County is using on the Clam Pass problem so that we did not run the risk of having two consultants not agree on solutions? If they do not agree, Clam Pass does not get opened. Mr. Ward replied that the quality of work that Mr. Tackney will produce for you and the rest of these consultants will lead to a solution for the restoration of Clam Bay and in keeping Clam Pass. opened. When you get right down to it, I think those consultants will eventually agree on a solution for keeping Clam Pass opened and that will essentially be an outcome of that whole process. I am relatively comfortable at this point that the two of them will work together. Humiston & Moore are excellent consultants and their work will meld together very well. Mr. Young stated that he hates to see this Committee under the impression that they think approving $298,500 worth of consultant fees today is the solution of Clam Pass. Clam Pass is -2139- PELICAN BAY ADVISORY COXXITTEE December 16, 1996 1 6 G not part of the $298,000.00, other than the work that is done in this consulting meshes with the work the County is doing in the Clam Pass Management Plan and when the two are put together we have a final document. Mr. Ward replied that you are absolutely correct in that analysis. Mr. Young stated that he is wondering how we go ahead with this project without involving the County and their work in the Clam Pass Plan. That is the part that I cannot put together, of where this comes together or what assures us this will come together. Dr. Varley asked if the County was doing anything with Clam Pass, is Turrell and Associates doing anything? Mr. Ward replied that he hates to keep saying yes, because in four years the answer has always been no. I really do not know what they are or are not doing. I know that consistently there are changes to the Scope of Services that keep going through for Turrell and Associates to do this, that or the other thing. That went by the Commission two or three months ago. I do know that the regulatory agencies keep telling the County that without an overall plan for the restoration of Clam Bay, they are not predisposed to providing the County with a long term permit to open Clam Pass. To me, the bottom line is that the answer at the regulatory level is going to be that they are not going to allow either our plan or that plan to get submitted or approved without -2140- PELICAN BAY ADVISORY COXXITTEE December 16, 1996 16G a overall program that is satisfactory to them, that solves both the opening of Clam Pass long term and the restoration efforts in Clam Say long term. To me that is going to end up having to fall out as a result of at least the dialogue that I see going on between the regulatory agencies and the County's consultants on Clam Pass itself. I am comfortable that at least the consultants we have on our side of the equation are going to make that happen. That is just going to have to happen with respect to keeping Clam Pass open. Mr. Young's comments in the final analysis are correct. We do not have in our numbers or in our budgets, the permitting efforts to keep Clam Pass opened. We are relying on Humiston & Moore, Turrell & Associates plan to work in concert with our plan and that the consultants will have the ability to work out the solutions to those, but the parties all have to sit down at the same table and work together. Dr. Varley stated that he has been getting the very distinct feeling that there is no County plan. We sat and heard the Public Hearing which turned out to be only the first part of a three part plan. We heard someone from the County and someone from Turrell and Associates arguing as to whether the application had even been filed or not. I just have the feeling that the County just isn't doing anything. Mr. Ward replied that he is not going to question that. He has sat here for many years now and keep asking where is the long term permit for opening Clam Pass and it seems every month the -2141- r PELICAN SAY ADVISORY COMMITTEE 1 b G n•Qember 16. 1996 answer changes. Mr. Young has a very valid concern and irrespective of the status of what the Turrell permitting process is, I can assure you that the consultants that are in this proposal are going to work with Humiston & Moore and Terrell & Associates to come to a conclusion on the Clam Pass Management Plan that will go into our overall permit application that we submit to try and solve that problem. I don't know of any other way to do it other than to take on the financial responsibility for doing all of that, which I have been unwilling to do at this point in time. I am unwilling to do it and I am unwilling to recommend to you that you do that. I think this proposal allows us to do that because I know there are sufficient dollars in here for us to work with those consultants to come to a conclusion. My assumption is that I have a willing partner sitting on the other side of the table when it comes to Humiston & Moore and Turrell & Associates to do that. To me there is not much question that at least the desire from this community and public pressure on the County to complete that plan, will provide the impetus for us to have a willing partner sitting on the other side of the table to negotiate that out. Mr. Mudge stated that we have sat here over the last six months sort of kicking Clam Pass around. I remember the Clam Pass Meeting that was held with Turrell & Associates and others in attendance and they could not agree. Maintenance of Clam Pass is paid for by the Tourist Development Tax. Why don't we get the -2142- PELICAN BAY ADVISORY COMMITTEE December 16, 1996 166 County in here at our next meeting to bring us up to date on what they are doing on the Clam Bay Study and clear up once and for all the status of the permit, how long is it going to be,*. are they going to work with our people. This comes up every month and has been going on for three or four years. Dr. Varley asked if they told you, would you believe them? Mr. Mudge stated that he does not think we got an answer from Commissioner Hancock regarding the ten year permit. Dr. Varley stated that Commissioner Hancock was going to get back to him, but he has never heard from him. Indirectly I did hear that it was not a ten year permit and we do not even have a one year permit. Mr. Mudge asked if we could invite someone from the County to give us an update at our January 8, 1997 meeting. If Clam Pass closes again, people are going to be pretty disgusted that nothing has been done. I have been trying to get a budget out of the County, but I haven't seen it yet. Dr. Varley stated that he is fairly convinced in his own mind that they are not doing anything. They do not care to say they are not doing anything. Mr. Hoyt asked who we could have that could speak for the County? Mr. Young suggested we invite Mr. Ray Miller who is the Acting Director of Capital Projects, since the resignation of Mr. Conrecode. -2143- PELICAN BAY ADVISORY COXXITTEE December 16, 1996 6G�•4 Dr. Varley asked that in order to answer Mr. Young's problem, which is a real one, is it possible if we are going to get into it and assume the responsibility for this long term Inlet Management Plan that we could get a commitment from Commissioner Hancock that they will stay out of it so that we do not have this competition? Mr. Ward replied he did not think that was appropriate. Mr. Young stated they could not stay out of it, they own the property. Dr. Varley stated that they stay out of everything else, what is wrong with staying out of the Inlet Management Plan. Mrs. Obley stated they only stay out of the financing. Mr. Ward stated that is not going to happen. We just have to work through the issue and it will work itself out. Mr. Mudge stated that having been around Tallahassee for the last five years, I get confused when Mr. Brown talks about getting permits through the Army Corps of Engineers, FDEP, etc. Would it be helpful to have some department head come down and help us understand this thing. Mr. Ward replied that your staff has an incredible insight as to what needs to be done at both the State and Federal level relative to who the "Movers and Shakers ", "Pushers and Pullers" really are. I would strongly urge you not to bring those individuals down here at this particular point in time during this process. -2144- BELICAN BAY ADVISORY CONXITTEE December 16, 1996 16G Mr. Mudge stated that he is worried about the way things are tossed around. We had a nice young lady (Ms. Ilene Barnett) who attended Commissioner Hancock's meetings, but nothing seems to have happened from that. I thought she was going to be somewhat helpful. Mr. Ward stated that was Ms. Ilene Barnett and that did not seem to pan out. Mr. Werner stated that he is very uneasy with the vagueness of these proposals and the not -to- exceed amounts. That may be the nature of the beast. We were talking a little earlier of going at it with a shotgun and I guess you have to do that in the beginning to find out what the agencies are going to require you to focus on. Can we do these proposals without bids, and I assume the answer is yes or we wouldn't be doing it? The comment I have is, that I will guarantee you that not one of these firms is going to come in under the number that we have now. Wilson, Miller at $90,000 will find something that it is needed for. I am very uneasy with that situation and there is nothing else we can do, but it doesn't make it more palatable. Mr. Ward agreed. The process that we are going through is a negotiation. To a great extent it is a big negotiation with the Federal and State regulators. As a result of that, some of the decision in your own minds privately, you need to frame the financial argument of how much are you willing to play the game until it is time to pull the cord and not play anymore. At least -2145- PELICAN BAY ADVISORY COXXITT88 6 G 40 4 ftaw in my mind it is not a $300,000 game, it is much higher than that, before we ever get to that point in making the decision. The process to date has been very good. The comments from'.the regulatory agencies have been good and I am optimistic at this point that all of the work effort, whether it is $200,000 or $300,000 or another number, will be worth it in the end. I am still hopeful that it will be. This dialogue that we have every. month is good because it helps you to understand the extraordinarily complicated level of detail that we get into, not only related to the financial end of the system, but in the permitting end of the system as to what we can do. We just have to watch the dollars and watch it very closely and continue to ask what comes next. Mr. Werner added that each dollar we commit ourselves to spending, makes it that more difficult to pull the plug or whatever you are going to do. The further we go with this, the more difficult it is to get out. Dr. Varley stated that he feels the biggest single problem we have here is that the commitment with Mr. Brown to begin with was that he was going to be the expert that was going to do the advising. I feel that we just got a pile of stuff here of what we ought to do and what we ought to pay for, but we really don't have his critique. He also promised to provide us with an outline of this management plan. I think all of us are struggling to try to figure out how these things fit into an -2146- PZLICAN BAY ADVISORY CONXITTIN ' December If. 1996 overall management plan. Mr. Ward replied that they get you to that point. Dr. Varley continued that he noticed in Mr. Tackney's comment that you have now changed the direction you are going, rather than trying to do everything before we submit a permit. Now we are doing the pieces of it. Mr. Ward explained that you got the commitment to go forward to get the permit out of the agencies. I can tell you every single day that the direction we take will change. This is what will happen from now until the day we get a permit. That is a given. You will not get out of anybody, here is the management plan, let's debate it for three months and then submit it to the regulatory agencies. You are not driving the train. The regulatory agencies are driving the train. The control you have is quite frankly, how much faith you have in the people you have working on your side of this equation to get the permit out of these agencies. I think that is the faith you have to have in the project. In order to keep it moving, the evaluation of this is getting done very quickly in terms of trying to keep it moving as quickly as we possibly can. The other side of the equation is why don't we have the management plan, why aren't we building things today? This train changes constantly all the time.and it is going to change and nobody is going to be able to provide you the kinds of assurance you want. It is going to continue to go down one path. You are going to have a management plan. The -2147- VELICAN BAY ADVISORY COXXITTEE 1 6 G Decomber 16. 1996 sentences of it will come out on a daily basis when they get into a piece that may change when they get to the next regulatory guy. It is a long, arduous, difficult process. Dr. Varley asked if any regulatory agency has asked Mr. Brown to produce anything to date? Mr. Ward replied that the better question would be, have we really submitted anything to the regulatory agencies? The answer is no. What we are trying to do is go through Step 1 -A which includes some minor hydrographic information, maybe some aerial photography, etc. Then Mr. Brown and Dr. Hillestad can take that small piece and go around to the various agencies and receive input from them. You have to understand that these people at the State level are eminently qualified to do what they do. Most of them have Masters and Phd's. They all have different agendas or concerns with respect to how the process moves and they have to understand out of all of the different players exactly what will or will not work and then make changes to Step 1 -A to go back and get it to the point of everyone saying we are happy. Then we go on to Step 1 -B which has a little more detail, more work and get concurrence on that. They keep going through that process until they have a completely engineered, designed management plan. That is the process they are going through right now and that they will continue to go through over the next few months. Mr. Craighead asked if we did not hire Mr. Brown to manage the whole program and why should we be trying to micro - manage? I -2148- PELICAN RAT ADVISORY COK ITTBB December 16, 1996 166 thought we were going to let him say who the consultants would be. He said he would come up with costs and he did. We may not like the costs, but what we are trying to do is micro - manage.'. If we are going to have him do it, we ought to let him do his work. Dr. Varley stated that he is not trying to micro - manage, only to understand what it is we are trying to do. Mr. Craighead replied that he is not sure we will ever understand it, we just have to put our reliance in Mr. Brown. If we don't trust him we have to go back to square one. Mr. Ward explained that the level of detail is extraordinary. I am not sure any of us understand the level of detail that you are getting into. There will be many parts of the program that you understand the intricate level of detail and you will focus in on things that are important to you. There will be other parts of the program where they may not be necessarily as important to you, as they will be to the next member of the Committee and you may not focus on that issue as heavily as you do other parts. In aggregate overall, all of you will have a very good understanding of the whole program itself without necessarily understanding all the steps 1 -1000 that make up this whole permit or.whole program. To a great extent we need to rely on the consultant that we have working for us to get a permit that we can implement and a cost effective permit. Mr. Werner stated that to answer Mr. Craighead-Is question, we agreed to spend $85,000 to Mr. Brown's firm. A week ago they -2149- BELICAN BAY ADVISORY COXXITTEB December 16, 1996 asked for $160,000 and we wanted to find out what that was for. Now we are up to about $213,000. The question of why it is needed, I do not believe is micro - managing. It is important'.for us to try and understand it, if we are going to recommend that we tax ourselves and the other citizens of Pelican Bay to pay for it. Mrs. Obley asked if we get done paying this money along with Mr. Brown's fee, we should have enough information to get our permits? Mr. Ward replied that is the objective. That is the goal in the constraints of having the world look at the issues. Mrs. Obley stated that six months ago we agreed to make this effort. I understand the government changes its' mind every time you have a new person and I think we should go ahead and give it a shot.. If we get the plan and we don't like the continuing prices, then it is time to say "Okay Collier County, it is time to start paying ". Dr. Varley stated that he is not anxious to stop the program, but I don't see any type of a course, maybe it's there, but Mr. Brown sure has not articulated it to me where it is that we are going. If we took all the data that we have now, with the exception of the Gordon Bridge, this has got to be one of the most studied areas in Collier County. If we took all of the data we have now and filed a permit application, would we not then begin to get some answers as to what the regulatory people really -2150- 16GI PELICAN BAY ADVISORY COXXITTEE l t flenomber 16, 1996 0 do want? Mr. Ward replied that he is not sure that he would recommend that you do that. If you want the regulators to drive',the issuance of the permit totally in terms of what they want done for the restoration of Clam Bay, I am not sure any of us in this room have the money to meet that criteria. What we indicated to you during the process, was that if you wanted a permit for the restoration of Clam Bay, that kept Clam Pass opened long term, that dealt within the constraints of Pelican Bay and did not go outside of that Clam Bay system for restoration efforts, then that is what they are trying to do. If you take all of the data which is there and give it to the regulators and say tell us what you want us to do, that is a different ballgame. That will open heading north into Vanderbilt and south into Seagate, plus whatever else my come out and I am not sure you are going to get a financially viable plan. I don't disagree, $250,000 is a lot of money, but in the context of this restoration effort, it is worth the expenditure. Dr. Varley stated that he does not think it is a lot, but I am just wondering what is next. The concern I have is best expressed by Mr. Tackney when he says, "It reflects a somewhat different permitting philosophy in that it anticipates all concerns that may reasonably be expected to come in from the permitting agencies ". Is that what we are going to try to do is answer everybody's possible questions in the permitting agencies? -2151- ` PELICAN HAY ADVISORY COXXITTEN December 16, 1996 If that is the case, it is going to get terribly expensive before we get through. Mr. Ward replied that within the context of the question earlier of who within the agency is actually driving the decision making, to the extent you have to answer that individual's questions, sure that is exactly the way it is going to happen. Talking about answering everyone's concern within the other regulatory agencies, I am not so sure we are intending to do that. Mr. Mudge asked when we talk permits can we be a little more clear? You mentioned keeping Clam Pass opened as one permit, and restoring the mangrove area, is that two permits? Mr. Ward replied that it could be two, it could be four. It could be however many more than that depending upon the agencies. Mr. -Mudge asked if the thought was to get it permitted all at the same time on one elaborate total plan? Mr. Ward replied that it would be one elaborate plan with more than one permit. Any permit will have as part of it what Mr. Brown referred to earlier as a SAMP Program and each permit has the exact same program attached to it so that you are not duplicating efforts. Mr. Mudge asked the timeframe Mr. Brown anticipated in order to be helpful with the audience here today to understand. Mr. Ward replied that Mr. Brown was hopeful of having most of this level of detail worked out in early 1997 and be completely -2152- . PELICAN HAY ADVISORY COXXITTEE December 16. 1996 16G through the permitting process, with permits in hand, the later part of 1997. Mr. Craighead stated that the only things he can think of actually in construction other than the flushing cuts which have already been accomplished, were the flapgates and the overflow. Everything else, of all the money we have been thinking about, has to go to consultants that are really carrying the load to the permitting agencies for us. I don't think we have a whole lot of that money committed to be spent for construction. Mrs. Obley stated that is your environmental sciences. They are very subjective and it changes every time a new person comes on board and we have to live with the world the way it is. I thought Mr. Brown did a very good job of telling us he was going to be working with these people. Mr. Brown also said there was a chance we may not succeed and it really depends upon the people running the show, but I think we have to try. Mr. Frank Barchard, Claridge resident. Being for the restoration of the mangroves is a very general generic objective. It is like being for apple pie, motherhood, the American flag or whatever. Nobody is going to object to that. What I would like to know is why can't we identify the elements of the permits that we are trying to get? Are we trying to get a permit to open Clam Pass, open flushing cuts, put in flapgates? What are the elements we are trying to get permitted? To go to an agency and tell them we want to restore the mangroves is not specific -2153- FELICAN HAY ADVISORY COMMITTEE December 16, 1996 1 L v G enough. Do we have a plan with certain elements that could be permitted that could be pursued objectively and individually? Mr. Ward replied that this proposal along with Mr. Brown's will get you that. Mr. Barchard replied that Mr. Brown has never told us specifically what he is trying to get a permit for. Mr. Ward replied that until you hire the consultants to do the job, you will not find the answer to that. Mr. Barchard stated that with all of the work done in the last year with the Task Force and the consultants, we still do not have a plan for ..mproving the mangroves. We are asking the permitting agencies for a broad permit. If we do not tell them what we want to do, they cannot tell us what data they want and if they don't tell us what data they want, how are we getting specific estimates of costs from people to provide the data? It is all nebulous. Mr. Ward replied that he agrees. Again, unless you hire the consultants to do the job, you are not going to find out the answer to the question. It is a negotiation. You are not going to be able to hire consultants to do a plan in a vacuum and then submit it to you for your review and approval and then go to the regulatory agencies. Life doesn't work that way in the environmental sciences. It just doesn't. You have got to give these consultants the rein to do the job, to get you the permit and you have got to give them the latitude to negotiate with -2154- PELICAN BAY ADVISORY COXXITTEE � � (` December 16, 1996 u those regulatory agencies to obtain that permit. Mr. Brown may walk in here tomorrow and say I want to get a flapgate at Seagate, I want to do this at Vanderbilt, I want to open flushing cuts D, E, F, G and H and next year I want to open I, J, K and L, and we think that might be great and we want to get a permit to put an overflow structure out to the Gulf of Mexico and we don't think that is great to do that and that is the objective of the plan, and that may or may not work at the regulatory agencies. The complications are mammoth and we saw some in the short term program in terms of the amount of money that was spent versus what we actually have done and in place today. You need to give these guys some latitude to do their job and they will get to Step 1 or 1 -A. They will go do their negotiation and get to the point of understanding what the regulatory agencies want. They will come back redefine it and redesign it, then go on to Step 1 -B. You have Federal agencies to deal with, plus all of the commenting agencies at the Federal level and State FDEP to deal with. They are the ones who I think work together to come up with a plan and that is what has to happen in this environment. Mr. Barchard stated that the plan submitted in September had specific recommendations on how to repair the system and it seems that those recommendations should be the elements of what we are trying to get permits for. Mr. Ward replied that he is sure they will be. We are just not in a position to tell you that they are. I think they will -2155- 141 t. PELICAN BAY ADVISORY COMMITTEE December 16: 1996 be, but whether that is going to come out of the agencies nobody knows the answer to that. Mr. Barchard stated that it is hard to measure your progress against your objectives, unless you have specific objectives and we haven't really spelled out our objectives except in a very broad way. Mr. Ward stated that we have spelled them out more than in a broad way. There are some specific objectives that Mr. Brown is looking for. He both articulated those and put them in writing when we hired him and all that is happening now is that he is trying to get those objectives implemented. Whether you want to micro - manage it or not, if you want a permit, that is the bottom line. That is what the objective ought to be and that is not too broad for my purposes, that is the goal. How we get there we can debate all day long, but the goal is to get a permit out of the regulatory agencies to keep Clam Pass open and to restore Clam Bay and that is what we ought to be shooting for and in my opinion the proposals that have been submitted to you effectuate that goal. Mr. Barchard stated that in the meeting with Mr. Brown a few weeks ago and in Mr. Tackney's letter indicates that the original plan for building a SAMP has now been modified substantially from what it had been in the beginning and we do not know what the new plan is. Mr. Ward replied that is not what Mr. Brown said to you. -2156- PELICAN BAY ADVISORY COXXITTEE Dec or 16, 1996 UG L f� What he indicated to you, was that the management plan identified has not changed at all. All he indicated to you was that the Army Corps of Engineers and the individual that will'. be processing it is more comfortable with the issuance of an individual Corps permit than the utilization of a SAMP (Special Area Management Plan). That is all he said. He is applying for an individual permit that will have all the same information in it as the SAMP. Again, that is one of those changes that occur every day. The guy that is processing the permit at the Corps. level is more comfortable with us submitting that as an individual permit. Not that anything within it is changing, but just that we are going to call it an individual permit versus a SAMP at this point. Mr. Harchard asked if there was any idea at this point whether our chances of getting a permit are 1 in 10 or 9 in 10? Mr. Ward replied in the negative. It is too early in the process. Mrs. Claire Desilver, Mangrove Action Group I don't think we have any question about approving this. It has to be approved. On Page 2 of the Executive Summary, under Wilson, Miller stated "the development of the various submittals required to process the permits ". Are we buying a promise to process or are we buying a goal? How tangible are the items that are being prepared by the consultants? Should we try to pin down not -to- exceed numbers. For instance, Mr. Lewis's memo does not -2157- BELICAU BAY ADVISORY COXXITTEE December 16, 1996 have a not -to- exceed number. 16 G Mr. Ward replied that you are buying a process, a goal, an objective. The objective is to obtain the permit necessary'.for the Clam Bay restoration and Clam Pass opening. This does not include construction documents or permitting after the fact, or permit monitoring, etc. I have no idea what those numbers are at the moment. Mrs. Desilver asked if we could not figure out how that could be accomplished, assuming that it is approved, the construction documents could be formulated from the consultant's work? Mr. Ward replied that if the question is, will the work that we will be doing as a part of this process be utilized in the preparation of construction documents, the answer is absolutely yes. All of this work is intended to provide the base documents utilized to go to construction with, in addition to the obtaining of the permit. That is a given when you do this kind of a permitting process. Mrs. Desilver stated that obviously it is there if you just go back and check it out, but the work could be done with the goal of trying to provide what we need if we ever get to that point. Mr. Ward stated that the way we work in the County is, obviously to the extent that the Board of County Commissioners approves this proposal whether it says not -to- exceed or it doesn't, it is not -to- exceed. I do not have the authority to -2158- VELICAN BAY ADVISORY COMMITTEE neaember 16. 1996 16G spend $1.00 more than what is in this proposal, without going back to the Board of County Commissioners. I have some latitude, but nothing of any major consequences. Clearly, this is'.the proposal that is before you and I have planned on bringing these types of proposals back to the Committee and obviously to the Board of County Commissioners, to the extent modifications will be required in the future. Mrs. Desilver stated that the not -to- exceed would be nice if it is in there. Mr. Ward replied that is what he is telling her, it does not have to be. We will either sign a contract or issue a Purchase order for the specific Scope of Services that will automatically say not -to- exceed, so these proposals will not be the final legal documents that we enter into with the consultant. It will either be a separate contract or a separate Purchase Order that identifies a specific Scope of Services and amount which will automatically become a not -to- exceed number. Mrs. Desilver asked if we are now at a point where we will not have an additional request for funding for additional consulting work or are we going to go through this some months down the road? Mr. Ward replied that you will go through this again. That is a given in this process. Mr. Harrell stated we have two choices, one is to quit, the other is to go ahead. -2159- r PZLICAN HAY ADVISORY COMMITTEE Decmber 16, 1996 16G Mrs. Desilver stated that we all want to go ahead and that is why I started out saying that we have to approve this. The other question in the back of everyone's mind is that we want to make sure that we get circulation at the north end. In all of this, I do not want to lose sight of those issues. The Clam Pass thing rises to the surface and then it submerges and I have a feeling that no one is really focusing on getting that circulation. Mrs. Obley stated that Mrs. Desilver should not feel so comfortable that 100% of the people of Pelican Bay support this program. They don't. They want to see the pass kept open and a lot of people feel they do not see the north part and don't worry about it. We took it upon ourselves to try to correct this problem. Not everyone in Pelican Bay supports this program. Mrs. Desilver replied that the people at the south end of Pelican Bay are extremely alarmed as you have heard Mrs. Potter say numerous times. It is not just the north end that is dying. This is an ongoing process and if we do not f ix it, the whole system is going to go by. Mr. Marvin Peterson, Calais resident - I have been following the mangrove problem and have the exact feeling of the Chairman. I can't get the. feeling whether there is or is not a plan. Mr. Brown has made a lot of good statements and a lot of good cliches, I didn't take that course in law school. Is his idea that this type of problem we have here in dealing with environmental people, and a lot of environmental people differ -2160- PELICAN BAY ADVISORY COMMITTEE 1 6 G December 16, 1996 - from saying don't do anything, to go to the agencies to find out what they want and then he will develop the plan? Is that the idea? He has never said what he has done, only that he has a good feeling, etc., but nothing specific. Mr. Ward replied that it is somewhat more than that. What I have seen Mr. Brown do in other areas is, he either develops the original data to go to the permitting agencies with, fortunately in this instance that multi - million dollar effort we didn't have to undertake because there is a significant amount of material from which we are now utilizing as a basis. From that information they will develop in stages or very small steps solutions that address specific areas within Clam Bay. Whatever that may be. They will take that small piece and go around to all of the regulatory agencies and obtain consensus from those agencies that what they did, what they designed or the way they are going to design it will be acceptable to them such that they will get a permit out at the end of the game. They will write that up as part of the management plan. They will continue to do that, such that by the end of the day, whenever that turns out to be, they will have a complete puzzle put together which all of the regulatory agencies have at least verbally agreed to all of the pieces of the puzzle. Now they have the whole puzzle to look at and that will be the permit application we submit from which we now expect to obtain the permit itself. Mr. Peterson asked if the application would not be submitted -2161- pELZCAX BAY ADVISORY COXXITTEE 16-6 December 16, 1996 until all of the interviewing has been done to try to get an informal approval in advance? Mr. Ward replied in the affirmative and the reason for that is truly cost. You could triple these numbers if you want to develop a plan, submit it to the agencies and then begin the dialogue back and forth as to what would be approved. He is trying to circumvent that whole process, not only in terms of cost, but time also. That is some of their consternation. Mr. Peterson stated that is part of your answer to the Committee because there is not a plan as such, because ee do not know what kind of plan we can get through. Mr. Ward replied in the affirmative. Dr. Varley stated that one of the things that was appealing to him in Mr. Brown's proposal was that his examination was that we were not going to get this approved by taking little pieces of the puzzle and going to all of the agencies. What we need is an overall conceptual broad understanding called a management plan, that all of the regulatory agencies could now see the wisdom of our thinking and they would then sign it and be a part of it. That appealed to me. We have a goal, where we are going. Now this seems to have totally dissolved. Mr. Ward replied, not at all. Mr. Brown's idea of a complete plan to be approved by the regulatory agencies and how you get there are two different animals. How we get there is by the development of the pieces of the plan that is acceptable to the -2162- z, pELICAN BAY ADVISORY COMMITTEE 16 " December -6. 1996 regulatory agencies, such that by the time he actually submits the plan for the restoration of the overall system, that is the plan. What is unacceptable to the regulatory agencies is what is going on in Clam Pass right now. A ten year permit to open Clam Pass, that for the last number of years closed once or more than once, and a permit to open just the pass is not acceptable to them. What they are saying is take a look at the rest of Clam Bay and factor in what is going on environmentally within the whole system and solve that problem and you will automatically fix Clam Pass. We will be more favorable at giving you a permit for Clam Pass at that point. We are looking at it in total, but the pieces of that puzzle have to be worked out in detail with those regulatory agencies. Mr. Craighead moved, seconded by Mr. Harrell and approved unanimously that we direct Mr. Ward to present this program to the Board of County Commissioners on December 17, 1996 for approval. DENATERING MONITORING Mr. Young stated that he wanted to call another issue before the Committee. Recently it was reported that there was a contractor dumping water back into Clam Bay. It appeared the method he was doing it was not in compliance with the South Florida Water Management District. As it turned out, when they finally investigated at Mr. Ward's request, they found that the contractor was not discharging water in compliance. He was asked to stop and he did. In the meantime we now find and it is a -2163- 16G PELICAN BAY ADVISORY COXXXTTEE December 16. 1996 learning process. Our group has been very remiss in not having someone on our staff that knows the rules and regulations of the South Florida Water Management District enough so that they inspect all new construction going on in Pelican Bay. If they suspect a violation they report it. Unbeknownst to me, the County has no process of checking on -site construction for water management violations. The South Florida Water Management District has three inspectors to cover six counties. The only way they ever catch anything is by a once a month fly over in a helicopter and then they would not catch a project here in Pelican Bay. We have caused a lot of these problems ourselves, by allowing construction to take place in Pelican Bay where there has been violations, just by the fact that there is no one policing it. We have to learn from our past mistakes and we really should start forward on some kind of a process to be sure that our staff is acquainted with what can and cannot be done. .Mr. Young continued that specifically what he is looking at is that the current rules allow for a ninety (90) day permit to dump up to 10,000,000 gallons per day. If they are dumping that much water back into the mangroves at the same time we are trying to get it out, it causes a problem. There is groundwater discharge and they try to hold it on site, but the other thing is groundwater from storms is not allowed to be discharged directly. There is two types of water and two types of discharging and when you mix it together on a construction site as this water was, -2164- BELICAM BAY ADVISORY COXXITTEE 1 6 G Dtcamber 16, 1996 they can discharge up to 10,000,000 gallons per day back into the mangroves. I am sure this is how we flooded the mangroves in the first place. There are certain times of the year when this wouldn't affect it, but when the Bay Colony people called and alerted us, it was still during the rainy season, so there is no question they were discharging up to 10,000,000 gallons back into the mangroves at the same time we had a high water table. if this has happened in prior years, let's not let it continue to happen. Dr. Varley stated that very project issue was raised in Commissioner Hancock's Ad Hoc Committee of how much rain water would be added because they are going to asphalt almost every square inch of the site and how much more water was going to go into the system. I was told flat out, it was none of our business. Mr. Young replied that he finds out now that it is our business and the Director of the Fort Myers Branch for the South Florida Water Management District will be happy to work with us to educate our people as to when they should be alerted of any violation. Dr. Varley asked if we have a right to hire our own inspector? Mr. Ward replied that we would probably have the right to contract. It is in South Florida Water Management District's environment if they are willing to allow us to assist them in that regulatory review. We certainly could not usurp their -2165- PELICAN BAY ADVISORY COMMITTEE Decembe r 16. 1996 - authority, you could work with them. Mr. Young replied that the Director's comment was that the only way they have of knowing, is to have a citizen report•.it. We are citizens and we need a system here in Pelican Bay when there are violations of water discharge. We do not have to decide that today, but it is something we should be working on. Maybe you want to get in touch with Mr. Merman and work something out and have it presented to the Committee and we establish some kind of a program. Dr. Varley asked if he is talking about a citizens program? Mr. Young replied that we are citizens. Mr. Harrell stated that even a construction consultant that came in and did a weekly inspection would catch it before a helicopter would and it couldn't be that expensive. Mrs. Obley asked why we couldn't have a detailed article in the Communique? Mr. Young stated that is how we found out about it in the first place. A citizen of Bay colony called and asked if that pump should be going all night long. Mr. Harrell stated that he would hate to see citizens running on a construction site. Mr. Young stated that is why he thinks it should be done within this committee. Dr. Varley stated that in this particular instance you could not drive by and see it, you would have to be hunting for it. -2166- 9� 166 PELICAN BAY ADVISORY COMMITTEE December 16, 199 Mr. Hoyt stated that we cannot trespass onto a construction site without some authority behind us. Mrs. Obley asked if he went on the construction site to'.see the water? Dr. Varley stated that it was on the site. Mrs. Obley stated that apparently someone saw it from their window. That is why if we all had some knowledge we could ask an. intelligent question and if presented that way more people would be alerted. Mr. Young stated we should think about it and see if we want to establish some kind of a program so that it can't continue to happen. This could be part of our problem in flooding the mangroves in the first place. Mr. Kinley Robey, St. Pierre resident, stated that it is not only what is actively being pumped into the mangroves that ought to concern us, but also draining from the construction sites from Underground. There is a culvert that is the third culvert north of the tram stop behind the St. Pierre, on the east side of the berm, there has been for several weeks a greenish -grey discolored kuid that has been pouring out of the bottom of the little canal that borders the berm. Walking along the berm it appears as if muddy water were settling in there. It very well may not be muddy water because in all of this time it never settles. The discoloration continues and it is heavy enough that it lies along the bottom of that canal and has moved almost to the north end of -2167- pELICAN HAY ADVISORY COXMITTEE 1 6 G K December 16. 1996 - the berm on that side. As far as I know, no one checks on what is happening along that berm. Dr. Varley asked whose construction site it was? Mr. Robey replied that it is a little north of St. Laurent. It is the second culvert up from the St. Laurent and it is not coming through the culvert. It is coming right up out of the ground about two feet in front of the end of that culvert. I don't know what this is tapping or even what it is, but it looks as though it is something that should not be running in there. Dr. Varley asked if Mr. Lukas2 could take a look at this situation? Mr. Ward replied in the affirmative. There being no further business, the meeting was adjourned at 2:40 P.M. Dr. Alan Varley, Chairman -2168- 0 16G Naples, Florida January 8, 1997 . LET IT BE KNOWN, That the Pelican Bay MSTBU Advisory Committee met in Regular Session on this date at 3:00 P.M. at 'the Foundation Center, 8962 Hammock Oak Drive, Naples with the following members present: Dr. Alan Varley, Chairman Mr. Russell Mudge, Vice Chairman Mrs. Mary Lou Althoff Mr. Thomas C. Brown Mr. Rodkey Craighead Mr. Frederick Flatto (absent) Mr. Glenn Harrell Mr. George Hermanson Mr. John Hoyt Mrs. Cora Obley Mr. Anthony Pires Mr. Charles Popper (absent) Mr. George Werner Mr. Bernon Young ALSO PRESENT: Mr. Robin Lewis, Lewis Environmental Services; Mr. Ted Brown, T. R. Brown Company; various residents of Pelican Bay (approximately 16); Mr. James P. Ward, Division Administrator and Mrs. Barbara Smith, Recording Secretary. 1. Roll Call 2. Approval of Minutes of December 4, 1996 and December 16, 1996 Meetings 3. Update on Mangrove Long Term Management Program 4. Committee Requests 5. Adjournment 'Dr. Varley called the meeting to Order at 3:00 P.M. and asked that the record show Messrs. Fred Flatto and Charles Popper with excused absences. Mr. Mudge moved, seconded by Mr. Werner and approved unanimously, the Minutes of the December 4, 1996 meeting. Xrs. obley moved, seconded by Mr. Werner and approved unanimously, the Minutes of the December 16 1996 meeting. -2169- PELICAN BAY ADVISORY COMMITTEE January S. 1997 UPDATE ON CLAM BAY ECOSYSTEM CONSULTANT MANAGEMENT REPORT Mr. Ted Brown stated that his report would be brief and then he would be available for questions. The Christmas holidays-are to some extent a down time in the government circle, but we have been making progress. A draft of a Table of Contents has been distributed to you of what the Management Plan will look like. Significant portions of this have been prepared and are in the process of being reviewed and analyzed by your team of consultants. As this begins to evolve, portions of the report will be given to you for your review and comment as well. To my right is the most recent aerial photographs of the project. The upper photograph was taken in October, 1996 and the photograph at the bottom was taken in November 1995 and anybody is welcome to look at those. Mr. Lewis has done an analysis of the comparison and has.also provided a group report which also includes colored - grapTiics making compar�'sons on the die off (COPY ATTACHED AS PART .OF THE MINUTES). Generally speaking, it can be said that over the last year the system has remained relatively stable with no significant increase in the die off area and shows natural regeneration taking place. That should not be confused for an attempt to do nothing because not doing something, whatever that is occurring out there naturally, is still exposed. Mr. Ted Brown continued that over the last few weeks they have continued to meet with the agencies, both locally and at the State and Federal levels and we continue to have discussions -2170- PELICAN BAY ADVISORY COMMITTEE 6G ' about where we are going. They, like you and me, are anxious now to see a submittal. That is an important step and one that we are still on schedule to have by the end of February or first of March. Getting filed is the next and most significant threshold. Once we have filed that application we will then get the feedback that we need, to define to some degree what we can accomplish and what we cannot. Mr. Robin Lewis reported that two questions have been raised over the last couple of months about the project. One question was, has the work that we have done and has been paid for through the Pelican Bay Services Division accomplished anything? The second question is, what is the status of Clam Bay, are we experiencing additional die off, is it stable, etc.? The second page of the Memorandum shows a table with six numbers. The numbers listed show the acres of die off for the respective years. The die off continued through 1996 and we made estimates through February of 1996 and the number that was used at that time was a little over 51 acres. We did not have this type of aerial photography to work from. We were working from what are called Oblique Aerials. Those aerials are taken looking from an angle. With the present type of photography, it is shot from a scale and can be traced on computer and estimated very accurately. We now know that instead of having about 51 acres, it was more like 37 acres at that point. Through February of 1996 we had an additional 3.9 acres of die off. Item 03 is -2171- PELICAN BAY ADVISORY COMMITTEE January 8, 1997 1 6 G additional area that has died since February, which account's for another 5 acres. The total is 45.9 acres. What we are saying, is that we had about 40 acres of die off based upon the best estimate that we could make, through early 1996. The new photography indicates that we have an additional 5 acres of die Off. That 5 acres of additional die off is scattered and is not located in one single lump area. There are citizens who have expressed some additional areas to be added and have seen some things they would like to have examined. We will do so to clarify these numbers, but we are very comfortable at this point that these are as accurate as you can get. The bottom line is that we have not seen additional large scale die off and things appear to have stabilized at this point. Mr. Lewis continued that the second question that has been raised and discussed before, is are we achieving successful >.,• —'= restoration? -- if you look at the color diagrams g provided, the Clam Bay Land Use, dated January 1997 indicates the Mangroves Being Restored as 10.1 acres. We are now seeing a little over 20% of the mangroves that have died in Clam Bay are now undergoing active restoration. By that, we mean that there is plant cover on the ground, a mixture of plant cover which includes Saltwort which is a low growing marsh type species in which mangroves are embedded. Mr. Hermanson asked if the mangroves are naturally recolonizing or are they being replanted? -2172- 1 PELICAN BAY ADVISORY COMMITTEE January S. 1997 16 G Mr. Lewis replied that there has been absolutely no replanting. What is out there has been planted by Mother Nature and we believe so far that is the best way it is going to work. Mr. Hermanson asked if the Saltwort was a temporary plant or will it remain there? Mr. Lewis replied that it will disappear because it is a classic progressional thing. If you think about would happen if you left your lawn alone for twenty -five years. It would succeed from grass to shrubs and then trees. It would be shaded and your lawn would disappear. We call that natural succession. That is exactly what is happening here. We have a temporary groundcover species, it is not an exotic plant, found very commonly in these situations. If the mangrove is dead it gets a lot of sunlight and when the mangroves grow up and shade it, it will die and that will not be a disaster, it is just the way it is done. The system will eventually become 100% mangroves as long as it .proceeds at the pace it is proceeding. A word of caution there is, all of the recovery we are seeing is directly related to areas to which we have provided drainage. The permits that we have gotten and the drainage that we completed and the dynamite that we blew off, are all in the areas where we are seeing recovery. The areas where we have not dug any channels are not showing any recovery. There is still standing water in those areas and they are still impeded from natural restoration. The net result is that a little over 20% of what was damaged is being -2173- PELICAN BAY ADVISORY COMMITTEE January S. 1997 restored, as a direct result of the permits that were issued and the project that was undertaken. The only thing that really concerns me at this point about the restoration process is that Clam Pass is being restricted as we speak and may in fact be completely closed. Mr. Tackney has looked at it and indicated that the amount of water flowing in and out over the last few months has been decreasing and the pass is becoming truly restricted. Should it close completely and should we have some rainfall, it is possible that this restoration area could be reversed and we would kill what we have gotten restored. It is very important that the pass, if it should close or is closed today, should be actively looked at for the possibility of getting it opened. Mr. Lewis continued that the second colored diagram provides a historical series that shows mapping of Clam Bay based upon aerial photography. These diagrams are dated 1940, 1973 and 1996 and simply show the changes the system underwent, the construction location of Vanderbilt Beach Road, etc. It shows primarily that the system became choked off with a narrowing of the channels. Mr. Lewis explained that the third colored diagram shows the ponds and channels in the system. The numbers lA -6A are the channels that were constructed by hand and using dynamite. Ponds 11 -16 are ponds we have arbitrarily numbered for referencing purposes. The areas in pink are dead mangroves and the areas of -2174- PELICAN BAY ADVISORY COMMITTEE January 2- iaa*7 j6G green are live mangroves. The yellow area is the Strand arch and light blue in all cases represents water. Mr. Hermanson asked Mr. Lewis to point these areas out on-the aerial for reference. Mr. Lewis referenced the area on the map and indicated the areas that have been restored. Assuming that the pass does not cause further problems, we expect additional restoration for the areas completed in December, within the next six months. Mr. Tom Brown asked how wide were the channels that were put in? Mr. Lewis replied that they vary from 10' -21, depending upon the location. Mr. Tom Brown asked if the channels could handle a canoe? Mr. Lewis replied in the affirmative. Dr. Varley asked if this was the end of the flushing cuts? Does the permit we are applying for focus on the tidal creeks? Mr. Lewis stated there is absolutely a need for additional flushing cuts. We need to locate the spots, put them on a map and this become a part of the permit application. At such time as the permit is issued, we will go back in and add the additional cuts. I would say we need approximately three times as many cuts as we have today. Mr. Tom Brown asked what was done with the material that was removed? Mr. Lewis replied that the material removed by hand was -2175- PELICAN DAY ADVISORY COMMITTEE -16G broken into football size pieces and placed out far enough from the channel so that they could naturally decay and not get back into the channels. The materials that were blown out, were literally spread as a very thin layer of mud all around. The material taken out is called peat and is a combination of plant roots and mud all bound together. The material is totally organic. Mr. Lewis explained that the fourth exhibit is two Photographs, one taken November 15, 1995 and one taken December 12, 1996 from the top of the Contessa. What you see in the dramatic changes are two fold. The top photograph is white because of the reflection of the standing water which is collecting sunlight and you can barely see a few circular green areas. In the bottom photograph we have completed all of the channels and are no longer experiencing standing water. Even when 'it rains.•, the e " "watet runs off within twenty -four hours and we .have had significant recolonization by mangroves. A lot of the green in the bottom photograph is a combination of the mangroves and saltwort. Mr. Ted Brown reported that the permit which was applied for to install the pump and pipe system has been issued as of January 2, 1997. It is anticipated that we will now do everything necessary that that permit allows, to get that system implemented. Between now and the next forty -five days we will have two all day work sessions with the regulatory agencies. One -2176- PELICAN BAY ADVISORY COMMITTEE 1 L G will involve the Army Corps of Engineers, along with the Behches and Shores and also FDEP personnel. The second will involve the Marine Fishery folks, the Fish and Wildlife, along with .EPA personnel. Those sessions will occur prior to the filing of the management plan. Mr. Hoyt stated that he is impressed by the photographs and asked if the conclusion is that this is the right way to go and pursue that work more diligently? Mr. Ted Brown replied that we do have some conclusions. What we think this demonstrates is that the approach we are seeking to have implemented here, which is to basically improve the circulation of the system, is the way which will allow natural regeneration of the mangrove forest. In saying that, we have to put in a cautionary note that, Mother Nature has a way of doing what she wants to do even after we do it. Mr. Hoyt asked if this provided a basis to go forward? Mr. Ted Brown replied that it provides justification for the argument we wish to advance to the regulatory authorities, to expand this notion to the larger portion of the marsh area. As Mr. Lewis indicated, what we are working on now is to identify the precise areas within the system for them to enlarge channels and those areas will be very precisely denominated at the time we file this permit application. Mr. Mudge asked if the permit issued January 2, 1997 for the pump and pipe was for heavy rains and flooding as a temporary -2177- PELICAN BAY ADVISORY COMMITTEE item? Mr. Ted Brown replied yes, and as indicated, it will become a part of our request under the permanent permit to continue tc have the flexibility to do that. What we are anticipating doing is proceeding forward to install the discharge pipes since they are a permanent attribute of the development and probably build a gravel or concrete pad of some sort on which to sit the pumps. On an as need basis you would rent the pumps, hook them up, start them up and let them do their thing. Our real belief is that if we are successful in improving the way this system operates and reorient the way we put fresh water into it, the need for those Pumps ought to be only in the most extreme circumstances, such as a tropical depression or hurricane, that would totally overwhelm the system. Mr. Mudge asked if it would also contain the Seagate flap gates? Mr. Ted Brown stated that as we go through the permitting, that is one of the fist attributes that we will seek to install. The permit will probably be a four inch document that will have all of that in ?ubsets for each one of these various components. Mr. Craighead asked if Mr. Brown would anticipate any Opposition from the Venetian Bay people? Mr. Ted Brown stated that he hopes not They have met with the Save the Bays people and were positively received in terms of what they heard and what they understood the science of it to be. -2178- 16G PELICAN BAY ADVISORY COMMITTEE �TanuarV 8. 1997 , We think we can demonstrate by an overwhelming preponderande•of evidence that there is no negative impact on the Doctor's Pass area or anything else. As it relates to water quality issues, it is pretty much a wash. It is what it is today and will remain so even after we perform the work. There is no down side to the Venetian Bay people in any way whatsoever. The practical problem we face is that where the culverts are is not government owned land. It is owned by a private party and therefore we have to address that and negotiate a set of conditions under which we can gain access to implement that phase of the project. Mrs. Obley asked if they know who owns the property? Mr. Ted Brown replied that he has gotten two distinct different answers in asking that question. It has not actually been researched, but there is a chain of people I will be contacting to delve into that right now. Mr. Hermanson stated that he may be racing to a conclusion too fast, but is quite impressed by the change that has happened if you are getting 20 -25% coverage just from a couple of smaller ditches. Does that indicate to you that we might not have to do everything as we originally contemplated? If we are looking at that positive result and we are looking at literally millions of dollars to potentially do this and toward the end of that you get into the diminishing returns area, are there certain components that may not be necessary that might save some money? Mr. Tom Brown replied that the answer to, that question is, -2179- 6G' PELICAN BAY ADVISORY COXMITTEE 1 that is part of what we continue to look at as we go through this process. What we want to do is file an application which is our best estimation of what is going to be minimally required to be 100% successful. We are not exactly sure where that is and what Mr. Tackney is doing is trying to determine what amount of additional tidal prism we can actually force up into the most northern regions of the bay area. There is some difference of opinion of how successful we can be there and what magnitude of constrictions we need to deal with. Clearly, the most convoluted creek is right before you get to Inner Clam Bay and is one area that has to be looked at and then again, immediately north of that area. How far out we have to go remains to be seen. The real key is to make sure we have a system that moves water in and out effectively and efficiently. You should not be mislead because what we have done we have been successful in, as we are in a dry season now, the pass has been functioning and is increasingly restricted and unless we can get all of these things working together simultaneously, you run some risk of the gains that have been made being lost just as quickly as they resurrected themselves. Mr. Hermanson stated that the key, regardless of anything else, is that the pass has to stay open. Mr. Ted Brown agreed. Mr. Hermanson asked if that is part of the permit in the management plan, are we going to be required to do a lot of stuff -2180- 6G" PELICAN BAY ADVISORY COXXITTEE 6G internally that may be marginal, when in fact we can dig h few ditches and do a few things and do 95% of something that it would cost twice as much to do? That is a real hard thing to quantify, but I want to make sure we are not putting more into it than we absolutely have to. Mr. Ted Brown replied that he can assure Mr. Hermanson that we are not going to do that and before it gets to a place of being signed, sealed and delivered you will have an opportunity to look over what we are seeking to have done and what we anticipate the cost of that to be. That plan is designed to deal with the pass issue and is the threshold concern. Without that you have nothing. Mr. Lewis agreed 100% with Mr. Ted Brown. We are not going to over - design this. We are looking at this very carefully. The pass has been open, we have had relatively dry conditions, rainfall this year is substantially less than it was last year. The ditches were and are absolutely essential, but the lack of rainfall has helped. We are moving along in an incremental fashion and we are learning more all the time. You will see the plan. It will be a coordinated plan that we all agree to and the best minimum plan. Mr. Tom Brown stated that we were told at a previous meeting that one of the biggest problems with Clam Pass was that there was a large build -up of sand inside the pass therefore, it was not flushing as it should. Are you addressing the fact that a -2181- PELICAN BAY ADVISORY COMMITTEE 6G great deal of dredging should be done on the inside of Clam'Pass and the need for a place to dump it, and that is out on the beach. Mr. Ted Brown replied that the answer is yes. Mr. Mudge stated that on January 18 the pass is going to close. If that happens, can we et it open pen and can we go back in and dredge more and more of that because there is one beck of a lot of sand up in there? Mr. Ted Brown replied that the pass is severely constricted. As indicated in the past, it is my conviction that if asked and With the continued progress of this agenda, as we have bere, the agencies could respond favorably to an effort to immediately on an expedited basis, allow us to reopen that pass. mat I think that means, is to reauthorize the permit that was issued a year ago to Collier County, such that that permit would be the scope of the work that they would be entitled to do. It may be that some small tweaks and squeezes could be made to that with some hurry up official drawings and justification being shown. We will have a site visit that will include the Army Corps of Engineers and FDEP, not before January 18, but shortly thereafter, and we would hope as part of that to demonstrate to them the probable necessity for the immediate consideration for that alternative presently. With respect to how much further you can go, I would say no further. y y ou could . g I do not anticipate the government to allow an expansion beyond what had been -2182- PELICAN BAY ADVISORY COMMITTEE 6G previously determined. Dr. Varley stated that his first concern is whose responsibility this is. We seem to go through this every time.. The County looks to us, we look to the County, the County looks to the State. Can we get that resolved? Mr. Ted Brown replied that yes, we would get that resolved. My sense is, from the meeting I had, is that the County will step Up and pay for that permit. Dr. Varley asked if an emergency has to be declared? That is what had to be done before. Mr. Ted Brown replied that he does not know whether you will or not. That remains to be seen. The dialogue that I have had with the government is and we have all recognized and agreed to, is that the pass is an important attribute to the stability and health of the system. To the extent the pass closes, it technically requires a permit to open it. There is no permit presently. The choices then are two. One is to process a whole new permit which would be a total waste of time, effort and energy since we are in the process of doing this large master Plan. Two, is to request them to reauthorize the existing permit for this emergency. This is the approach I would recommend and the one that I think would have the best chance of success. Mr. Mudge asked why we do not do that now? Mr. Ted Brown replied that timing is everything and it is being done now in a manner of speaking. It has not been formally -2183- PZLICZY H,Z AD S=y CMWJV.TEZ 16 G g requested. I had a meeting this morning with Commissioner Hancock, who is the new Chairman of the Collier County Commission, to discuss this issue. There are some protocols here and some steps you have to address in an orderly way, so that we make sure we end up where we want it to end up. We will have a site visit with these agencies within the next ten to twelve days and once we have done that and they have physically seen the ground, it will either exacerbate or solve our problem. I cannot predict which, but I suspect if we can demonstrate that it is as constricted as we think it is, that will help us and in turn they will be receptive. I must caution you in saying that. I and no one can predict with any certainty of how the government will respond. They may say, "no it is not flowing like you like it to and it certainly can flow better, but we are not convinced that it needs to be dealt with now, call us in a month". I do not know, I hope not, but I do not know what they are going to do when we push that agenda. Dr. Varley asked if this was something that Mr. Ward should be working on or something you are going to be working on? Mr. Ted Brown replied that item now rests with Mr. Ward. Mr. Pires stated that recognizing that Chairman Hancock has been spoken to, is there a need to ask for some standing authorization from the Board of County Commissioners to act as their agent to apply for the reauthorization of the permit? Mr. Ted Brown replied that was discussed this morning and -2184- PELICAN SAY ADVISORY COMMITTEE �__..�.... a 1097 even beyond that, in the context of what is happening here and what your real level of authority is. This is one of those delicate areas. In the discussion I had with the Commissioner he requested that I not disclose what it is he and I talked about. It is being worked on and I believe there are solutions to the problem. We believe we are all going in the same direction and are on the same page and there is nothing but a high level of cooperation, but we are dealing with a situation where this Committee for example, as a Dependent District has very limited authority to do anything. One of the issues raised this morning was to face realities here. Who is the signatory to this permit? Does the Pelican Bay Services Division have any authority under their present structure to implement or manage this permit if they get it? I am not sure you do and that means I can go through all this effort and walk down to the County Commission and present them with a permit and they sign it. Does that mean they are going to accept financial responsibility for it, and if they are, do they want to and will they? There is a lot of complexity here and it is being dealt with and I think the chips will all come up the way you want them to. Dr. Varley stated that it has been established that Mr. Ted Brown is going to be the Point Person on this issue. Some of us have been through this a number of times. I don't think anybody has any real feeling that the pass will never, ever be opened again. The government will eventually open the pass. The thing -2185- ■ 4, VZLICAM SAY ADVISORY COXXITTEE 1 6 G January 9. 1997 that is so frustrating is having to go through the rigmarole of the permits, emergencies, declarations, meetings and the questions of who is responsible. That is what we are trying to shorten up. Mr. Ted Brown replied that you can be assured that he has no desire to spend his time in an unproductive bureaucracy. Dr. Varley asked if the pump responsibility rests with Mr. Ward or Mr. Brown? Mr. Ted Brown replied that it will now rest with Mr. Ward to be implemented. Dr. Varley asked Mr. Ward if we know what we are going to do and who is going to do it? Mr. Ward replied that prior to January 1, there was a contractor ready to mobilize. I need to make sure that is still in place. Dr. Varley asked if this had to be done prior to turtle nesting season? Mr. Ward replied in the affirmative. Mr. Tom Brown stated that the County owns these 500 acres and asked if it would be logical to have somebody in the County with the responsibility of being the caretaker and involved in everything that goes on? Mr. Ward replied that is true, but one of the things being wrestled with is, once that permit gets issued and signed off on, how does that get implemented during the ten or so years of that -2186- PELICAN BAY ADVISORY COXHITTEE 1 6 G , S. 1997 permit. My discussion with Mr. Brown is that he needs to work through those issues. I think logistically it is going to end up somewhere in the Pelican Bay Services Division through my office. That is one of those things that will work itself out as we get further involved. Dr. Varle stated that he gathers that there is confidence in Y g being on schedule to have the permit ready to file by the end of February or early March. Is there anything this group needs to do to make sure we meet that date? Mr. Ted Brown replied no. Dr. Varley asked the logistics. Will it be presented to this group? Mr. Ted Brown replied that he would like to get the draft put together, distribute it to each Committee member and in all probability hold a workshop to get some feedback. I may or may not have interpreted your desires correctly and there may be adjustments needed. This will be prior to March 1. I want this to be filed March 1 or a few days thereafter. You also have to remember, we will not have it right the first time. The government and other citizen groups will have input into this, some of which will have value. It is not important that we be 100% right to get filed and actually start processing the formal application. Mr. Jim Pelton, Seagate Property Owners - We are concerned about our low tidal flow right now. Our flow is about 50% of the -2187- VELICAN BAY ADVISORY COMMITTEE Gulf. Being a tide watcher over the last twenty -five years, there used to be a channel that came forward where the Registry Volleyball Court is right now. That channel carried five times the water it does right now. That was sufficient for years and kept the pass open for five to seven years at a stretch. It was only after a hurricane that channel filled in quickly and a new channel formed behind it which is opening up gradually. If that could be opened up and a new channel dredged that would bring twice the amount of water into outer Clam Bay. Mr. Young asked how important it is during this restoration for some type of surveillance mechanism to be in place that should we find a contractor dumping water back into the conservation area at a time when we are trying to get water out, we would be able to alert immediately the South Florida Water Management District? Should this be our responsibility? Mr. Ted Brown replied that he has not thought about that issue. The only water that goes into this system that I am aware of, is water that is part of your surface water management. Mr. Young stated that we just recently had several million gallons of water pumped from a construction site back into our area by one of the contractors. It was a citizen who saw this pipeline, almost under the ground, and alerted us. We have no mechanism here as an organization to deal with a situation like that. By the time we got the South Florida Water Management people in here and got it stopped, I don't know how many more -2188- PELICAN BAY ADVISORY COMMITTEE 16 G w January 9, 1997 millions of gallons got pumped. There pumps were going twenty -four hours a day. How should we set up internally some kind of surveillance so that should we find that this is happening again we can get it stopped immediately? Mr. Ted Brown stated that once this project is completed there is not going to be that kind of construction exposure. There are still some opportunities for construction. I have not researched the right to dump that water into the estuary. Mr. Young asked if we should do anything at all or just let matters drop? Mr. Ted Brown stated that at this point he does not know if there is anything to do. I cannot tell you that there has been any discernible damage that has been done as a result of that, but if the timing had been different and had been in a flood stage, several million gallons of discharge could be problematic. Mr. Young stated that is what amazed him. It was taking place at the time Mr. Lewis was up there doing his ditching and no one called anybody's attention to it. Mr. Lewis replied that condition was never observed. Mr. Ted Brown stated that he also never observed that condition. Ms. Susan Hebel Watts, WCI, stated that there are a lot of County Inspectors around and a call to Mr. Cautero, or a letter to Mr. Fugate bringing that to their attention might help. When they are out there they inspect everything and if they are aware -2189- PELICAN BAY ADVISORY COMMITTEE January f. 1997 of it, they can alert their staff to make the call. Mr. Young stated that this was assumed to have been taking place, but all of these inspectors said that is not their responsibility. Ms. Watts stated that is true, but the County, South Florida Water Management District and DEP all have a network of cooperation. I am suggesting maybe a letter from Dr. Varley to Mr. Fugate will make them more aware. Dr. Varley asked if it would be worth writing a letter to the contractors that are still building and make them aware of a problem that has come up and that we are going to be watching that this doesn't happen again and would appreciate their cooperation. Mr. Ward replied in the affirmative. Mrs. Claire Desilver invited all members to the Mangrove Action Group One Year Anniversary Meeting on January 17. The speakers will be Mr. Robin Lewis and Mr. Ted Brown, along with Ms. Dorothea Zysko. Dr. Varley asked if the charges that are under the heading Expenses Incurred to Date, other than the two $10,000 checks, have not been paid? Mr. Mudge asked if there was a problem in getting these bills paid? Mr. Ward replied that yes, there is a problem and it is being worked on now. It is a bureaucratic problem. -2190- pELICAX BAY ADVISORY COKKITTEE 16G janua 8,. 1997 Mr. Werner asked the cost of the pumps that we will be using? Mr. Ward replied that we do have the costs, but he does not remember them at this time. Dr. Varley stated that there would be two costs. One is to put the pipe in and if an emergency came, we would need to lease the pumps to pipe the water out. Mr. Ward replied that these pumps are very expensive to lease. The pipe is reasonably priced, but the leasing of the pumps is very expensive. Dr. Varley asked if they would be getting the Financial Statement every month? Mr. Ward replied in the affirmative. Mr. Tom Brown stated that everybody in Pelican Bay that comes into this building would be interested in seeing one of those photographs. Seeing how they have already been paid for by the Pelican Bay Services Division and the people who live here, could we place those photographs on the wall in this building? Mr. Ward replied that is a good idea, but the consultants are going to need those aerials and they are very expensive. Mr. Harrell asked how much is very expensive? Mr. Ward replied that they cost in the neighborhood of $3,000 each. Mr. Craighead stated that the pumps concern him. We are going to lease them at a time when there is high water and they may not be available due to everybody else needing them and will -2191- 1bGk pELICAM HAY ADVISORY COXXITTE they be available? Mr. Ward stated that due to the size of the pumps he does not feel that is going to be a problem. sHERI!?11S REPORT Dr. Varley asked if there was any comment on the report that was sent out? Mr. Werner and Mr. Harrell stated that they found them absolutely useless. The crime report is for the period of August 16 through September 15, the memo to Mr. Ward is dated December 20 and we get it January 8. Mr. Harrell stated that he would like to see a summary of hot spots, good things and bad things, rather than this count down. Mr. Ward stated that he would talk to them about shortening the report. Dr. Varley asked if we should have the officer here? Mr. Harrell stated that the report is just more detail than he needs to know. He only needs the summary. Maybe it is time to get the Sheriff's office back to a meeting. Dr. Varley stated that he has the feeling they are doing this for somebody else and just copying for our use. Mr. Ward replied that this is being put together strictly for US. It is compiled from statistical information that he gets from his overall District information. It is untimely, not by any fault of the Sheriff's office, but just by the matter of when it is available to him and he can put it together. -2192- 16.G pELICAN BAY ADVISORY COMMITTEE $FATnz= UPnATE Dr. Varley stated that when we put our budget together and the letter went out to the property owners explaining it and included in that was a statement that we would keep them posted and up to date. I feel a personal responsibility to do that. There are a lot of ways to do that. There are a lot of people that are either not here or do not read the Communique. What is the sense of the group? Should we put together another status report? We are now getting close to filing this permit and would be the opportune time to let the property owners know where we are and what has happened with the money that we are asking for every year. Mrs. Obley stated it should go out with the Communique. Everybody gets it. Mr. Young stated that the Communique is being mailed now. It is just a question of Mr. Ward getting the article to Mr. Estes or at least giving him an idea of how much space he will need, so that he can reserve the space and get it to Mr. Estes on time. Mr. Craighead asked if we want to talk too much before the permit is filed? We are just six or seven weeks away. Dr. Varley stated that he feels the people do not understand what is going on. Even with the Communique and the articles, I am constantly asked questions. Mr. Mudge stated that he thinks the Communique is the way to do it. It does not have to be a large article, but an update on -2193- BELICAN HAY ADVISORY CONKITTEE the progress. What we have heard today is encouraging. 16G Mrs. Claire Desilver stated that if Mr. Brown writes the update it is more authoritative than anybody else, because he is the one doing it. It can and should be in the Communique and also done after the application is filed. ADJOIIR�T There being no further business, the meeting was adjourned at 4:20 P.M. Dr. Alan Varley, Chairman THE NEXT REGULAR SCHEDULED MEETING IS FEBRUARY 5, 1997. -2194- 16G ' " o Lewis Environmental Services, Inc. MEMORANDUM r To: Pelican Bay Services Division From: Roy R" Robin" Lewis III, President, Lewis Environmental Services, Inc Date: January 8, 1997 Re: Status of Mangroves at Clam say Ted Brown has provided me with a copy of the October 1996 vertical color aerial photography that he had flown. We have interpreted the photography and compared it to the November 1995 vertical aerial photography provided by WCI. Currently there are 35.83 acres of dead mangroves and 10.11 acres of mangroves in the process of being restored. This represents a total of 45.94 acres of mangroves that have died since the initial die-off event in 1992. This restoration process is thus initiated in 22% of the dead mangroves. This is very close to the original estimate of 20% that I gave you several months ago. This restoration process can be expected to continue as long as excess rains do not occur and Clam Pass does not close for an extended period of time. In support of these data I have attached five color figures. The first is a January 1997 map of the Clam say system showing the total area of dead mangroves and the recovery areas. This map is slightly different from one previously prepared that estimated the die-off area at 51.4 acres as of February 1996. We know believe this was an overestimate due to the need to interpret oblique aerial photography instead of vertical aerial photography, which was not available at the time. The second color image is a combined series of three color maps showing clam Bay circa 1940, 1973 and 1996. Careful examination of these images reveal the changes in the system that occurred as a result of the construction of Vanderbilt Beach Road in the early 1950's. The most obvious changes were significant narrowing of the most obvious channels within and between the bays. This narrowing is believed to have lead in some cases to the total closure of tidal channels which resulted in a reduced ability of the system to provide adequate drainage of flood waters from the heavy rainfall in 1995. The third color image shows the restored channel network that was proposed for permitting in May of 1996, permitted in June of 1996 and completed in December of 1996. The fourth color image shows two closely matched color photographs taken approximately 13 months apart (November 15, 1995 v. December 12, 1996) from the top of the Contessa condominiums looking south. For reference, the pond in the top of the photograph is termed Number 11 , and is shown in the third color image. The top photograph shows standing water under the dead mangroves, which provides the white reflected signature scattered among which are circular patches of the pioneer mangrove groundcover species, natiS ma[W=, or sakwort. This species, and several others in Clam Bay provide a "nursery" function and trap floating mangrove seeds and seedlings ( "propagules ") and apparently provide improved survival of P.O. BOX 20005 - TAMPA, FL 33622 -0005 • (B1 3) BB9 -9684 - .2195- Rl "mom PELICAN BAY KSTBD ADVISORY COXXITTEE 1 6 G Thomas C. Brown (H) 594 -1949 1/29/95 1/29/99 8415 Excaliber Circle (F) 594 -1949 B -1 (F) 262 -3074 Naples, Florida 34108 (H) 597 -9666 1/29/91 1/29/01 Rodkey Craighead (H) 597 -3886 2/08/94 1/29/98 5555 Heron Points Dr (F) 598 -2557 11701 (F) 591 -2179 Naples, Florida 34108 (H) 597 -6773 1/29/91 1/29/98 Frederick Flatto (H) 598 -3849 3/19/91 1/29/99 FGF Insurance Group (W) 598 -4334 800 Laurel Oak Drive (F) 598 -1080 1/29/91 1/29/99 Naples, Florida 34108 (W) 434 -0101 1/29/91 1/29/99 Edward Griffith (H) 598 -1192 2/1/97 1/29/01 8191 Lowbank Drive (W) 947 -2600 2/2/93 1/29/99 Naples, Fla. 34109 (F) 947 -9354 801 Laurel Oak Drive Glen Harrell (H) unlisted 2/08/94 1/29/98 5415 Tamiami Trail N. (W) 598 -1605 Naples, Florida 34108 Suite 320 (F) 598 -1773 Naples, Florida 34108 Mr. Herbert Hasson (H) 598 -9064 2/1/97 1/29/01 6001 Pelican Bay Blvd. (F) 597 -0014 11602 Naples, Fla. 34108 Mr. George Hermanson (H) 597 -4895 4/23/95 1/29/98 811 Pitch Apple Lane (W) 262 -4617 Naples, Fla. 34108 (F) 262 -3074 John W..Hoyt (H) 597 -9666 1/29/91 1/29/01 801 Laurel Oak Dr. (W) 597 -8989 2/2/93 1/29/01 Suite 615 (F) 591 -2179 Naples, Florida 34108 (F) 591 -2179 J. Russell Mudge (H) 597 -6773 1/29/91 1/29/98 16 Las Brisas (F) 591-0683 Naples, Florida 34108 Cora Obley (H) 591 -1802 1/29/91 1/29/99 802 Slashpine Court (W) 434 -0101 1/29/91 1/29/99 Naples, Florida 34108 (F) 434 -5623 Anthony Pires (H) 597 -6983 2/2/93 1/29/99 Woodward, Pires i Anderson 801 Laurel Oak Drive (W) 566 -3131 Suite 640 (F) 566 -3161 Naples, Florida 34108 Charles Popper (H) 591 -1452 1/29/91 1/29/98 Collier's Reserve C.C. (W) 597 -7200 11711 Collier's Reserve Dr. Naples, Fla. 34108 (F) 592 -6640 George H. Werner (H) 566 -3361 2/2/93 1/29/01 712 Heathery Lane (W) 591 -2171 Naples, Florida 34108 (F) 591 -2179 Alan Varley (H) 591 -3119 2/2/93 1/29/01 8111 Bay Colony Drive (F) 591-0683 Apt. 904 Naples, Florida 34108 Bernon W. Young (H) 598 -1785 1/29/91 1/29/99 6760 Pelican Bay Blvd. (F) 598 -1785 Apt. 334 Naples, Florida 34108 EXPENDITURES Environmental Consult. Akerman, Senterfitt, et. al. Lewis Environmental Serv. Tackney do Associates Wilson. Miller, et. al. Dr. Samuel Snedeker Others Sub -Total Capital Outlay Improvements General Sub -Total Other Fees & Charges Tax Collector Property Appraiser Revenue Reserve Sub -Total PELICAN BAY SERVICES DIVISION CLAM DAY RESTORATION FUND - DECEMBER 31, 1996- 16G F.Y. 1997 Exp. Incurred Amount Pd. Amount Pd. Total Paid By Balance Budget To Date By PBSD By WCI PBSD & WCI $85,000 $33,325 $10,000 $10,000 $20,000 $51,675 $72,500 $29,798 Akerman,Senterfitt &Eidson 11/26/96 1590071 $42,702 $46,000 $14,453 1621525 $8,155.58 Tackney & Associates $31,547 $90,000 $10,413 Tackney & Associates 12/6/96 538 $79,587 $5,000 $263 541 $9,420.39 WLB &P $4,737 $1,500 $0 WNB&P 9/20/96 37086 $1,500 $300,000 $88,252 $10,000 $10,000 $20,000 $211,748 $150,000 $0 Dr.Snedeker. 10/11/96 10 -11 -96 $262.50 $150,000 $0 $0 $0 $0 $150,000 $16,000 $0 $10,700 $0 $12,600 $0 $39,300 $0 $0 $0 $0 $39,300 TOTAL APPROPRIATIONS 1 $489,300 $88,252 $10,000 $10,000 $20,000 $401.048 ACCOUNTS PAYABLE - DECEMBER DATE INVOICE NO. INVOICE AMT. T.R. Brown 9/9/96 09 -09 -96 $352.56 T.R. Brown' 10/14/96 10 -14 -96 $101.71 Akerman,Senterfitt &Eidson 11/26/96 1590071 $4,715.40 Akerman,Senterfitt &Eidson 12/12/96 1621525 $8,155.58 Tackney & Associates 10/10/96 526 $2,375.93 Tackney & Associates 12/6/96 538 $2,656.76 Tackney & Associates 1/9/97 541 $9,420.39 WLB &P 6/16/96 37086 $9,075.36 WNB&P 9/20/96 37086 $835.00 WNB&P 10/25/96 37086 $432.50 WW&P 12/26/96 1377 $70.00 Dr.Snedeker. 10/11/96 10 -11 -96 $262.50 Lewis Environmental 1/15197 97006 $13,561.44 Lewis Environmental 1/15/97 97007 $16,236.70 TOTAL INVOICES $68,251.83 'T.R. Brown same as Akerman, Sentertitt & Eidson f V4 � ry; ,r • h �$4cnfff Pion u #�z Collier County Govt. Complex Bldg. - J 3301 amiami Trail, East, Naples. FL 33962 Telephone (AC 813) 774 -4434 JIM WARD PELICAN BAY SERVICES 801 LAUREL OAK DR. NAPLES, FL. 34108 JANUARY 22, 1997 •16G DEAR JIM, I'VE ENCLOSED A COPY OF THE PELICAN BAY CRIME REPORT FOR THE PERIOD OF 09 -16 -96 THROUGH 10- 15 -96. PELICAN BAY HAS EXPERIENCE SEVERAL RESIDENTIAL BURGLARIES LATELY. THE METHOD OF OPERATION IS SIMILAR TO THE BURGLARIES THAT TOOK PLACE LAST YEAR. THE BURGLARIES ARE OCCURRING IN THE EARLY EVENING WHEN HOMEOWNERS LEAVE FOR DINNER. THE PERPETRATORS ARE WATCHING FROM THE GOLF COURSE AND MAKING ENTRY THROUGH THE REAR SLIDING GLASS DOORS. I DON'T WANT TO DISCUSS OUR CURRENT OPERATIONS IN THIS FORMAT, BUT I WILL DO SO AT•THE NEXT COUNCIL MEETING. I HAVE ADDRESSED THE BURGLARY PROBLEM IN THE COMMUNIQUE AND ON THE PELICAN BAY T.V. CHANNEL. IT ALSO NEEDS TO BE NOTED THAT JEWELRY IS THE PRIMARY PROPERTY BEING STOLEN. WE ARE ASKING HOMEOWNERS TO POOPERLY SECURE THEIR JEWELRY AND OTHER VALUABLES. WE OUR CONTINUING OUR EFFORTS TO ISSUE WARNING TO BICYCLIST, ROLLER - BLADES AND PEDESTRIANS WHO VIOLATE TRAFFIC LAWS. DEPUTY ERNIE GANGL HAS RECENTLY BEEN TRANSFERRED FROM PELICAN 11 BAY TO THE COMMUNITY POLICING PROGRAM IN NORTH NAPLES. +, ERNIE WILL CONTINUE TO WORK CLOSELY WITH PELICAN BAY. ONE COMMUNITY POLICING PROJECT THAT ERNIE HAS BEEN WORKING ON IS r. GETTING EMERGENCY KEY BOXES INSTALLED ON THE PELICAN BAY CONDOMINIUMS. THIS WILL ALLOW EMERGENCY ACCESS FOR THE ? PELICAN BAY DEPUTIES. DEPUTY SCOTT PROPPER HAS REPLACED y ERNIE IN PELICAN BAY.- I'M LOOKING FORWARD TO THE COUNCIL MEETING ON FEBRUARY 5TH. S I WERELY, SGT. TO D P. TAYLOR NORTH NAPLES SUB- STATION SIGNATORE ID# Of Substation Coxanander t -a -g 7 Date l.bG U N I F O R M D I V I S I O N M O N T H L Y S T A T R E P O R T MONTE OF: DECEMBER 1996 DISTRICT ONE /PELICAN BAY TOTAL ACTIVITIES 1223 FELONY ARRESTS • WRITERS 00 BAKER ACT 00 44 MISD ARRESTS 00 ACCIDENTS WORK 16 MYERS ACTS 01 WARR. ARRESTS 00 *SIG 41R 340 ACCIDENT ASSIST pg ARREST ASSIST 00 *SIG 41B 383 *F. I. REPORTS 14 *TRAFFIC CITS 24 CITY CALLS 00 *INTELL. REPORTS 00 *TRFC. WARNINGS 28 BACK-Up CLS 13 *COMM POL. FORMS 06 *PARRS CITS. 01 AID OTHER AGENCY 00 SCEOL RING 00 N.T.A. ' S 00 TRFFC STOPS 45 SPECIAL ASSIGN 00 FALSE ALARMS 163 S.I. TOTAL 247 w+ ew ,r,r * * * * * * * * * * * *,r **** * * *,► * * *,r * * * * * * * *,r,rw * * *,r, * * * * * * * * * rat*, r*****, w*****, r*,►*, r****** * * * * * * * ** sew*************** * *,t+r,r * * * * * * * * * *�,► * * * * *,► * * * * * * * * * * * *,rw : *,t * *s * * * *s * * ** SIGNATORE ID# Of Substation Coxanander t -a -g 7 Date Collier County Sheriff's Office Crises /Dispatches by Day of Week From 09/16/96 through 10/15/96 • 1 6 G For Grid 1201 PELICAN BAY AREA 3 i Class Class /Dispatch Sun Mon Tues Wed Thur Fri Sat Total BURG- VEHICLE / AUTO 0 0 0 0 1 0 0 1 BURGLARY OF DWELLING 0 0 1 0 0 0 0 1 BURGLARY /TRESPASS 0 0 0 0 1 0 0 1 ` DOMESTIC DISTURBANCE 1 0 0 0 0 0 1 2 :GRAND THEFT ALL 0 1 0 0 0 0 0 1 .INFORMATION ONLY 0 0 2 0 1 0 0 3 LOST /STOLEN PROPERTY 0 0 1 1 1 0 0 3 MAKE HARASSING 0 0 0 1 0 0 0 1 • MARCHMAN /MYERS ACT 0 0 0 1 0 1 0 2 MTR VEHICLE THEFT 0 0 0 0 1 0 0 1 NONE 32 42 62 41 3a 53 30 29a PETTY /GRAND THEFT 0 0 0 0 1 1 0 2 PETTY /GRAND THEFT 0 0 0 0 0 1 0 1 RCOVERED PROP -OTHER 0 1 0 0 0 0 0 1 ROBBERY UNARMED 0 0 0 0 1 0 0 1 SUSPICIOUS INCIDENTS 0 0 1 0 0 0 0 1 TRAFFIC ACCIDENT 0 0 1 0 0 0 0 1 :sea seas mamma :a :3 :azs : :sa msaa aaaa Grand Totals 33 44 68 44 45 56 31 321 3 i { RECEIVED y DEC 2 6 SW xoTICB OF PUBLIC �tEBTZNO 8oard of County Commissioners NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY MSTBU ADVISORY COMMITTEE AT THE FOUNDATION CENTER, 8962' HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 ON JANUARY 8, 1997 AT 3 =00 P.K. I. ROLL CALL II. APPROVAL OF MINUTES OF THE DECEMBER 4 AND DECEMBER 16, 1996 MEETINGS III. UPDATE ON CLAM BAY ECOSYSTEM CONSULTANT MANAGEMENT REPORT IV. ADJOURNMENT ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON 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. u y Norris v Hancock Constantine Mac'Kie _ Berry GY.- .vY`♦Ai e. Misr— Torres: Date: — Item# Copies To: CS!1!' ,� _ _ a {•. '.:aryl -;,�', ' , � � '`� ^. i6G .o. Jr.'1 2 7 Z_-'7 ` )NOTICE OF PUBLIC MEETING C C � •, r ' NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE PELICAN BAY MSTBU ADVISORY C-OrIKITTEE AT THE FOUNDATION CENTER, 8962 • HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 ON FEBRUARY 5, 1997 AT 3:00 P.M. I. ROLL CALL II. INTRODUCTION OF NEW ADVISORY COMMITTEE MEMBERS III. ELECTION OF CHAIRMAN AND VICE CHAIRMAN FOR 1997 IV. APPROVAL OF MINUTES OF THE JANUARY 8, 1997 MEETING V. UPDATE ON CLAM BAY ECOSYSTEM CONSULTANT MANAGEMENT REPORT VI. SECURITY UPDATE - SGT. TODD TAYLOR VII. ADJOURNMENT ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON 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. Norris Hancock Constantine Mac'K i! Berry Misc. Corres: Date: Item# Copies To: CERTIFICATE OF AUTHENTICITY FOR CLERK OF THE CIRCUIT COURT COLLIER COUNTY, FLORIDA This is to certify that the microphotographs appearing on this reel are true and accurate reproductions of the records of the Clerk of Circuit Court, Collier County, Naples,Florida. That the records were microfilmed on the date or during the period indicated; and that at the time of microfilming the records were in the custody of the Clerk of Circuit Court. It is further certified that the records microfilmed on this reel were microfilmed under the authority of the Clerk of Circuit Court: and that in order to insure archival quality, authentic reproduction, and legal admissibility of records filmed they were microfilmed with equipment and film approved by the Department of State, Division of Library and Information Services - Records Management and that the guidelines set forth by the Department of State, Division of Library and Information Services - Records Management were adhered to. Microfilm Camer4 Operato'1` Dat6 - Month /Day /Year CERTIFICATE OF AUTHENTICITY REGARDING . CONTENT OF INFORMATION ON FILM This to certify that the microphotographs appearing on this film; start with CASE NUMBER and end with CASE NUMBER Microfilm Camera Operator Date - Month /Day /Year