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BCC Minutes 08/03/1999 R August 3, TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, August 3, 1999 1999 LET IT BE REMEMBERED, that the Board of County Commissioners, in and for the county of Collier, and also acting as the Board of Zoning Appeals and as the governing board(s) of such special districts as have been created according to law and having conducted business herein, met on this date at 9:00 a.m. in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: ALSO PRESENT: CHAIRWOMAN: Pamela S. Mac'Kie Barbara B. Berry John C. Norris Timothy J. Constantine James D. Carter Robert Fernandez, County Administrator. David Weigel, County Attorney Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, August 3, 1999 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY ADMINISTRATOR PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". 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 REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRWOMAN. ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION - Reverend Les Wicker, Naples United Church of Christ 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF AGENDAS A. APPROVAL OF CONSENT AGENDA. B. APPROVAL OF SUMMARY AGENDA. C. APPROVAL OF REGULAR AGENDA. 4. APPROVAL OF MINUTES A. June 8, 1999 - Regular meeting. B. June 16, 1999 - Special Sheriff's Budget Appeal meeting. 1 August 3, 1999 C. June 16, 1999 - Special LDC meeting. D. June 17, 1999 - Budget workshop. E. June 18, 1999 - Budget workshop. F. June 21, 1999 - Budget workshop. G. June 22, 1999 - Regular meeting. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 1) Proclamation designating the week of August 1-7, 1999 as National Clown Week. To be accepted by Ms. Gloria Carter (Dixie Belle), Ms. Jackie Nolder (Melody Merrymaker), and Ms. Carol Abbott (Sonshine) B. SERVICE AWARDS 1) 2) 3) 4) 5) 6) 7) 8) 9) lO) 11) 12) 13) 14) 15) 16) 17) 18) Stephen Fontaine, Bldg Review & Permitting - Ten Years Carmen Richards, Compliance Services - Ten Years Richard Woodcock, Library - Ten Years Sue Buck, Information Technology - Ten Years Mary Ellen Donner, Parks and Recreation - Ten Years Randy MacDonald, Wastewater - Ten Years Ramiro Manalich, County Attorney - Ten Years James Snyder, Social Services - Ten Years Fred Reischl, Current Planning - Ten Years John Houldsworth, Planning - Ten Years Jose Calderin, Parks and Recreation - Five Years John Daly, Information Technology - Five Years Elizabeth Froloff, Revenue Services - Five Years Sharon Phillips, Building Review & Permitting - Five Years Charles Robixhaud, Parks and Recreation - Five Years Willie Pugh, Water Department - Five Years Bruce Gasteneau, EMS - Five Years Mark Wolin, Water Dept. - Five Years C. PRESENTATIONS 1) Recommendation to recognize Jean Jourdan, Real Property Specialist II, Real Property Management Department, as Employee of the Month for July 1999. 2) Presentation of the 1999 State of Florida EMS Provider of the Year Award. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. PUBLIC PETITIONS A. John D. Jassy regarding street name change for CR 951. Robert C. Gebhardt representing Patrick and Helen Philbin, et al - regarding the privatization of roads in the Foxfire subdivision. 2 August 3, 1999 o 11. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Review the schedule for implementation of the Final Order of the Administration Commission issued June 22, 1999, direction for staff to prepare a work plan and a schedule for a phased Agricultural Rural Assessment and to include the regular cycle amendments, the urban area density reductions and the remedial amendments in one transmittal due by November 30, 1999. 2) THIS ITEM WAS CONTINUED FROM THE JUNE 22~ 1999 MEETING. Discussion of an extension of the additional 1% levy of Tourist Development Tax due to expire December 31, 1999. B. PUBLIC WORKS 1) This item has been deleted. 2) This item has been deleted. 3) This item has been deleted. 4) Approve an Amendment to the Transportation, EMS and Library Impact Fee Update Agreement with Tindale-Oliver and Associates, Inc. C. PUBLIC SERVICES D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR 1) To adopt proposed FY 2000 Millage Rates and to amend the FY 2000 General Fund Reserve Policy. F. AIRPORT AUTHORITY G. EMERGENCY SERVICES COUNTY ATTORNEY'S REPORT BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Hispanic Affairs Advisory Board. B. Appointment of member to the Bayshore/Avalon Beautification MSTU Advisory Committee. C. Appointment of members to the Environmental Advisory Council. D. Appointment of member to the Collier County Community Health Care Ad Hoc Committee. OTHER ITEMS A. OTHER CONSTITUTIONAL OFFICERS 3 August 3, 1999 1) REQUEST THAT THIS ITEM BE DISCUSSED PRIOR TO SETTING THE MILLAGE RATE. Recommend that, in addition to the Sheriff's operating budget, the Board provide a 5% reserve for contingencies for the Sheriff's Office in FY 1999-2000. 2) REQUEST THAT THIS ITEM BE DISCUSSED PRIOR TO SETTING THE MILLAGE RATE. Recommend that the Board endorse a recruitment and retention adjustment for the Collier County Sheriff's Office during FY 1999- 2000. 3) REQUEST THAT THIS ITEM BE DISCUSSED PRIOR TO SETTING THE MILLAGE RATE. Recommend that the Board restore the reductions made in the Collier County Sheriff's Office budget request for FY 1999-2000. B. PUBLIC COMMENT ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. 13. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) RECONSIDERATION AS DIRECTED AT THE JUNE 22"d MEETING. Petition R-99-3 Geoffrey Purse of Purse Associates, Inc. representing Golden Gate Inn, requesting to change the zoning classification of a property from "GC" golf course to "C-3" intermediate commercial district. The subject project is located on the southwest coroner of Golden Gate Parkway and County Road 951 in Section 26, Township 49 South, Range 26 East, Collier County, Florida. This site consists of 1.81 acres. 2) THIS ITEM WAS CONTINUED FROM THE JUNE 22~ 1999 MEETING. Petition PUD-99-6 Donald W. Arnold, AICP, of Wilson, Miller, Barton & Peek, Inc., representing G.L. Homes of Naples Associates, Ltd., requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Rigas PUD for a maximum of 725 residential dwelling units and a maximum of 10,000 square feet of convenience commercial and recreational uses for property located on the south side of Immokalee Road (C.R. 846), approximately one mile east of 1-75 and one mile west of C.R. 951, in Section 28, Township 48 South, Range 26 East, Collier County, Florida, consisting of 232 +/- acres. C. OTHER 1) Amend Ordinance 89-83, Summerwood PUD to address exotics removal requirements. 2) Amend the Rental Registration section of the Collier County Housing Authority Ordinance to reflect administrative improvements to the program. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 4 August 3, 1999 14. 15. 1) THIS ITEM WAS CONTINUED FROM THE JUNE 22, 1999 MEETING. Petition OSP-99-01, R. Bruce Anderson of Young, van Assenderp & Varnadoe, P.A. representing Gulf Coast Building Association, requesting approval of off- street parking for property described as Lot 46, Cypress Woods Estates Plat #2, to serve the existing businesses located at 3838 North Tamiami Trail, Section 22, Township 49 South, Range 25 East, Collier County, Florida. 2) THIS ITEM WAS CONTINUED FROM THE JUNE 22, 1999 MEETING. Petition PR-99-1 Emilio J. Roubau, P.E., of RWA Inc., representing Hideout Golf Club, Ltd., requesting reservation of land for off-street parking, having an equivalent capacity of 43 parking spaces for a private golf club, located on Brantley Boulevard in Sections 24 and 25, Township 49 South, Range 26 East, Collier County, Florida. 3) Petition V-99-10, Anthony P. Pires, Jr., Esquire, of Woodward, Pires, & Lombardo, PA, representing Tina M. Osceola, requesting an after-the-fact variance of 13.6 feet from the required front yard setback of 30 feet to 16.4 feet for property located at 4447 29tn Avenue SW, further described as Lot 18, Block 101, Golden Gate Unit 3, in Section 27, Township 49 South, Range 26 East, Collier County, Florida. B. OTHER STAFF'S COMMUNICATIONS BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS 16. CONSENT 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. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Approval of utility easements for water and sewer facilities for Pebblebrooke Lakes, Phase 1. 2) Assignment Agreement for easement for Fiddler's Creek, Phase l-B, Unit 3 3) Authorize a 50% waiver/50% deferral of impact fees for one house to be built by Elvin Urbina and Maria Pineda in Naples Manor Annex, Collier County. 4) Authorization of a 75% deferral of impact fees for one house to be built by Zenorino Labra and Maria N. Labra at 5342 Carlton Street in Naples Manor Addition, Collier County. 5) Authorization of 100% waiver of impact fees for three very Iow income single family houses to be built in Naples Manor, Collier County, by Habitat for Humanity of Collier County, Inc. 6) 7) Request to approve for recording the final plat of "Olde Cypress, Unit One, Block 9" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. Recommendation to approve Commercial Excavation Permit No. 59.696 J & D Grading and Hauling Excavation located in Section 30, Township 48 South, 5 August 3, 1999 Range 28 East: bounded on the north by vacant lot, on the east by vacant lot, on the south by 56th Avenue NE Right-of-way and on the west by canal right-of- way. 8) Request to approve for recording the final plat of "Pelican Strand Replat - 7" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 9) Recommendation to approve Commercial Excavation Permit No. 59.687, "Whippoorwill Woods Land Trust Commercial Excavation and Homesite" located in Section 22, Township 48 South, Range 28 East; bounded on the north, east, south, and west by vacant land zoned Estates, and also on the east by Desoto Boulevard, and on the north by C.R. 858 and the Winchester Lake Fill Pit. 10) RECONSIDERATION AS DIRECTED AT THE JUNE 22~ 1999 MEETING. Recommendation to approve Commercial Excavation Permit No. 59.690, "Everglades Boulevard Lake and Homesite" located in Section 18, Township 48 South, Range 28 East: bounded on the north, east, south, and west by vacant land zoned Estates and also on the east by Everglades Boulevard. 11) Authorize the remittance of the balance of funds received from private donations and allocated to the Building Immokalee Together Project (#01700) to the Immokalee Main Street Organization and approve the necessary budget amendment. 12) Interlocal Agreement between the City of Naples and Collier County for contractor licensing by Collier County. 13) Request to approve for recording the final plat of "Crown Pointe Shores Two" 14) Authorization of 100% waiver of impact fees for one very Iow income single family house to be built in the Seminole Subdivision in Immokalee, Collier County, by Habitat for Humanity of Collier County, Inc. 15) Authorization of 100% waiver of impact fees for nine very low income single family houses to be built in Naples Manor, Collier County, by Habitat for Humanity of Collier County, Inc. 16) Approve an extension to the Tourism Advertising and Promotion Agreement between Collier County and the Tourism Alliance of Collier County. 17) Request to approve for recording the final plat of "Golden Acres" 18) Execute a participating party agreement with Global Manufacturing Technology, Inc. 19) Approval of a lease agreement between Collier County and Primesite Consulting Group, Inc. 20) Authorization of 100% waiver of impact fees for a very low income single family house to be built in Naples Villas Subdivision, Collier County, by Habitat for Humanity of Collier County, Inc. 21) Request to approve for recording the final plat of "Olde Cypress Unit Three", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 6 August 3, 1999 22) Approval of interim policy for commercial lake excavations located in Golden Gate Estates. 23) Request to approve for recording the final plat of "Coco Lakes" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 24) Transfer of grants and vehicles from Good Wheels to the County. 25) Approval of amendment No. 1 for Contract GC526 with the Florida Department of Environmental Protection 26) Adoption of the Public Transportation Development Plan and creation of a Public Transportation Manager position. PUBLIC WORKS 1) Approve an Alternate Road Impact Fee for the Naples Executive Golf Course based on a site-specific computation. 2) Approve an Alternate Road Impact Fee for the Old Cypress (fka Woodlands) Golf and Country Club based on a site-specific computation. 3) Approve an Alternate Road Impact Fee Calculation for the Vanderbilt Country Club Development. 4) Accept certain easements in order to improve various road intersections. 5) Approve a Resolution for the Tentative Award of a Construction Contract to Project Integration, Inc., for the North County Water Reclamation Facility 5-MGD Expansion Project, Bid 99-2908, Project 73031. 6) Approve Work Order VGW-FT-99-3 to The V Group Wilkison Joint Venture for Engineering Services related to a Proposed 20-inch Reclaimed Water Main along Vanderbilt Beach Road, Project 74034. 7) Approve a Donation Agreement and accept a Utility Easement for access and maintenance within Audubon Country Club. 8) Request for Speed Limit Reduction and Truck Restrictions in the Estey Avenue area and Brookside area Neighborhoods. 9) Authorize the Redesign of Airport-Pulling Road to an Urban Roadway to allow for pathways on both sides of the roadway under the Six Lane Improvements, Project No. 62031; CIE No. 055. 10) Award Bid 99-2927 to selected firms for Trenchless Sewer System Rehabilitation Contracting Services, Project 73050. 11) Approve Professional Services Agreement with Metcalf & Eddy, Inc. for South County Regional Water Treatment Plant Reverse Osmosis Expansion, RFP 98- 2891, Project 70054. 12) Request for Speed Limit Reductions from fifty-five miles per hour (55 MPH) to forty-five miles per hour (45 MPH) on Immokalee Road (CR 846) from Wilson 7 August 3, 1999 Boulevard to 39th Avenue NE, and on Oil Well Road (CR 858) from Immokalee Road easterly for a distance of 0.75 miles. 13) Approve Work Order #TS-CC-9901 for Cabana Construction Company, Inc. for Bayshore Beautification MSTU Jack and Bore Operation for Utilities. 14) A~vard Bid #99-2955 - "Immokalee Road Grounds Maintenance Service." 15) Recommendation for a Speed Limit Reduction from forty-five miles per hour (45 MPH) to thirty-five miles per hour (35 MPH) on Bayshore Drive, from U.S. 41 to Thomasson Drive for a distance of about one and a half (1 ½) miles. 16) Recommendation that the Board of County Commissioners approve an Increase to the Contract with Turrell and Associates for Environmental Consultant Services for the Clam Bay Restoration Project. 17) Approve a Confirmation and Acknowledgment of Easements. 18) Approve an Agreement for Sale and Purchase of a Parcel to provide for Potential Access to Future Improvements to the Canal along the west side of Forest Lakes Homes Subdivision. 19) Approve Change Order to Work Order CDM-FT-98-11, to provide Engineering Services for the Manatee Station Pump Upgrades - Project 70052. 20) Approve Work Order #TE-98-KH-06 with Kimiey-Horn and Associates, Inc. for the Airport-Pulling Road Six Lane Improvement Project No. 62031; CIE No. 55. 21) Approve Supplement Agreement No. 7 with CH2M Hill for the Pine Ridge Road Improvement, Project No. 60111; CIE 41. 22) Approve a Construction Phasing and Grant Application Plan for East U.S. 41 Landscape Improvements between Davis Boulevard (S.R. 84) and Rattlesnake Hammock Road (C.R. 864). 23) Award Professional Services Agreement to Water Resource Solutions, Inc. for Engineering Services related to Aquifer Storage and Recovery of Reclaimed Water, Contract 99-2926, Project 74030. 24) Approve Amendment 8 to Professional Services Agreement with Hole, Montes & Associates, Inc. for Engineering Services related to Improvements at the South County Water Reclamation Facility, RFP 93-2121, Project 73916. 25) Approve a Subordination Agreement between Collier County and the State of Florida Department of Transportation. 26) Approve a Budget Amendment to transfer funds from Project 60171, Advanced Right-of-Way, to Project 60172, Traffic Signals. PUBLIC SERVICES 1) Authorize the name "Conner Park at Vanderbilt Beach" for the park to be constructed on Bluebill Avenue. 2) Award Bid #99-2958 for sprinkler parts and related items. 8 August 3, 1999 Do Eo 3) Authorization of a budget amendment for the Collier County Medical Examiner to cover increased laboratory testing costs. 4) Approve an agreement with Collier Sports Officials Association, Inc. for the purpose of providing sports officials for County-sponsored activities. 5) Authorize an amendment in the Grandstand Construction Agreement between Collier County and the Gulf Coast Skimmers, Inc. 6) Approve budget amendments recognizing a Federal Emergency Management Agency reimbursement and additional Tourist Development Tax Revenue available to the County Museum. 7) Approve the Medicaid Waiver Continuation Contract and authorize the Chairwoman to sign the contract between Collier County Board of County Commissioners and the Area Agency on Aging for Southwest Florida, Inc. D/B/A Senior Solutions for Southwest Florida. 8) Authorize an application for a matching $10,000 Urban and Community Forestry Grant. 9) Authorization of a work order under the County's annual engineering and design contracts for Barany Schmitt Summers & Weaver to provide a coordinated site development plan of the Golden Gate County Government Complex. 10) Waive requirement for formal competition and award contract funds in 001- 156332-763310 for renovation of a soccer field at Vineyards Community Park. SUPPORT SERVICES 1) Recommendation to Award Annual Bid 99-2937, Uniform Rental 2) Recommendation to Change Invoice Provision in Four (4) Existing Contracts 3) Award of Bid #99-2949, "Gasoline and Diesel Fuel" 4) Approve Staff's Selection and Award an Agreement for Fixed Term Professional Architectural Services, RFP 99-2930. s) Approval of the Collier County Government Equal Employment Opportunity Plan. COUNTY ADMINISTRATOR 1) Ratification by the Board of County Commissioners of consent/emergency items by the County Administrator during the Board's absence. An Request approval for the emergency purchase of computer network access equipment for the four newly leased off-campus locations for the relocation of the Sheriff's operations personnel and approval of a related budget amendment. B. Budget Amendment Reports Nos. 99-321, 99-322, 99-326, 99-327, and 99- 335. 9 August 3, 1999 C. Budget Amendment Reports Nos. 99-286, 99-328, 99-330, 99-345, 99-368, 99-369L, 99-374, 99-375, 99-380. F. BOARD OF COUNTY COMMISSIONERS 1) Proclamation designating September 29, 1999 as Law Enforcement Appreciation Day for 20th Judicial Circuit G. EMERGENCY SERVICES H. MISCELLANEOUS CORRESPONDENCE 1) Satisfaction of Lien: NEED MOTION authorizing the Chairwoman to sign Satisfaction of Lien for Services of the Public Defender for Case No.: 90-1435- TM 2) Miscellaneous items to file for record with action as directed I. OTHER CONSTITUTIONAL OFFICERS 1) Request approval for the emergency purchase of telephone systems for the four (4) newly leased off-campus locations approved by the Board for the relocation of Sheriff's operations personnel from Building "A" and approval of related budget amendment. 2) Recommendation to approve a Budget Amendment to recognize Confiscated Trust Fund Fiscal Year 1998 Carryforward, Fiscal Year 1999 Additional Revenues, and use of Confiscated Trust Funds to purchase specialized equipment by the Collier County Sheriff's Office. 3) Request approval for the purchase of historical archived disks to continue implementation of the Records Imaging Project. 4) Recommend that the Board of County Commissioners designate the Sheriff's Office as the Official Applicant for the United States Department of Justice 1999 Law Enforcement Block Grant Program, accept the Grant when awarded and approve applicable budget amendments. 5) Request approval for the purchase of a processor card for the telephone system switch at the Sheriff's Office main facility. J. COUNTY ATTORNEY 1) This item has been deleted. 2) Recommendation to approve a Legal Services Agreement with Fixel & Maguire as legal counsel to represent County relating to County's property acquisition interests including eminent domain proceedings, for the Pine Ridge Road Improvement Project (Project No. 60111). 3) A Resolution authorizing, as a valid public purpose, expenditures of funds for County Commissioners to attend functions of fraternal, business, environmental, educational, charitable, social, professional, trade, homeowners, ethnic, and civic associations/organizations. 4) Recommendation that the Board of County Commissioners acknowledge and consent, as required by agreement, to the merger of WCI Communities Limited 10 August 3, 1999 17. Partnership into Florida Design Communities, Inc., whose name is changing to WCI Communities, Inc. 5) Recommendation to uphold Collier County Board of County Commissioners' June 8, 1999 decision granting a petition for rezoning from "A" Agriculture to "PUD" Planned Unit Development for the Naples Reserve Golf Club. K. AIRPORT AUTHORITY SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. Ao V-99-6, William and Therese Holzinger requesting a 5 foot variance from the required side yard setback of 15 feet to 10 feet on each side for property located at 1838 Santa Barbara Boulevard further described as Lot 9 and the south one-half of Lot 10, Block 153, Golden Gate Unit 5, in Section 21, Township 49 South, Range 26 East, Collier County, Florida. Bo Petition CU-99-7, Hoyt Holbrooks, representing the Lake Trafford Baptist Church, requesting a Conditional Use "11" of the agriculture zoning district for a day care facility for property located at 1207 Carson Road, in Section 31, Township 46 South, Range 29 East, Collier County, Florida. Co V-99-09, Jim Titsch, representing Bernard and Ashley Freeland, requesting a variance of 6 feet from the required 50 foot front yard setback to 44 feet for the principal structure, an after-the-fact variance of 13 feet from the required 50 foot yard setback to 37 feet for an existing guest house, and an after-the-fact variance of 6.2 feet from the required 30 foot side yard setback to 23.8 feet for an existing guest house, for property located at 92 Myrtle Road, further described as Lot 8, Block M, Pine Ridge Extension, in Section 3, Township 49 South, Range 25 East, Collier County, Florida. Do CU-99-09, Katherine Dinatale, representing Ann Phillip Pre-School, requesting Conditional Use "3" of the "RMF-6" zoning district for a playground as an accessory to an existing child care facility per Section 2.2.5.3 for property located at 864 102aa Avenue North, further described as Lot 48, Block 72, Naples Park Unit 5, in Section 28, Township 48 South, Range 25 East, Collier County, Florida, consisting of 0.154+/- acres. Eo THIS ITEM WAS CONTINUED FROM THE JUNE 22~ 1999 MEETING AND IS FURTHER CONTINUED TO THE SEPTEMBER 14~ 1999 MEETING. Petition PUD- 98-13, R. Bruce Anderson of Young, van Assenderp & Varnadoe, P.A., representing Collier Development Corporation, requesting a rezone for lands zoned "A" Rural Agriculture and "PUD" Planned Unit Development "PUD" to "PUD" for a new "PUD" Planned Unit Development to be known as Collier Tract 21, formerly Beachway PUD, for a golf course and accessory and incidental facilities including a clubhouse, 50,000 square feet of C-3 Commercial Uses and/or a hotel on property located between U.S. 41 on the east and Yanderbilt Drive on the west, lying north of 111th Avenue and south of the Cocohatchee River, in Section 21, Township 48 South, Range 25 East, Collier County, Florida consisting of 267.44 + acres. 11 August 3, 1999 Fo Petition PUD- 98-5(1), Mr. Bob Thinnes, of Q. Grady Minor & Associates, Inc. representing Mr. William E. Touloumis, requesting to amend the Walgreens PUD for the purposes of adding depository institutions and allow other uses comparable in nature to the list of permitted uses for property located on the southwest corner of Airport-Pulling Road (CR-31) and Vanderbilt Beach Road (CR-862), in Section 2, Township 49 South, Range 25 East, Collier County, Florida. Petition VAC 99-012 to vacate a 3' wide portion of the platted 14' wide drainage easement on Lot 4, Block G, "Kensington Park Phase Three-B", as recorded in Plat Book 28, Pages 5 and 6; to vacate a 4' wide portion of the platted 7.5' wide drainage easement on Lot 18, and to accept a 4' wide drainage easement over a portion of Lot 19 as a replacement drainage easement, "Kensington Park Phase Three-C", as recorded in Plat Book 30, Pages 19 and 20, Public Records of Collier County, located in Section 13, Township 49 South, Range 25 East. Ho Petition V-99-15, Sami Saadeh requesting a 5 foot variance from the required 5 foot rear yard setback established for accessory structures to 0 feet to accommodate a pool and screen enclosure for a property located on Napa Ridge Way and further described as Lot 12, Napa Ridge Subdivision Unit II in the Vineyards PUD. Petition V-99-11, John Sissman requesting a 27 foot after-the-fact variance from the required 30 foot side yard setback to 3 feet on the south side of an existing single family residence located at 425 Cocohatchee Boulevard in Section 22, Range 25 East, Township 48 South, Collier County, Florida. Jo Establishment of a new schedule of development related review and processing fees to include procedural requirements for fee waiver requests; providing for new and revised building permit and land use petition fees; adopting a new schedule of fees for fire prevention permits collectively established and adopted by the independent fire districts in Collier County; adopting that same schedule of fees for fire prevention and control permits and compliance inspections for the dependent fire districts in Collier County; and updating language to reflect current nomenclature. Petition PUD-99-20, William L. Hoover, AICP, representing Gulf Sun Corporation, requesting a rezone from "A" to "PUD" to be known as Whippoorwill Lakes PUD, a residential development not to exceed 518 dwelling units, on property located approximately 'A mile south of Pine Ridge Road (C.R. 896) on Whippoorwill Lane, in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of 76.85 + acres. Lo An ordinance amending the Water Safety and Vessel Control Ordinance to add a new body of water known as Hell's Gate as an idle speed zone. Mo Scrivener's Ordinance Amending Collier County Ordinance No. 99-35, which Amended Ordinance 98-37, "The Collier County Reclaimed Water System Ordinance." 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 12 August 3, 1999 August 3, 1999 Item #3 REGULAR, CONSENT AND SUMMARY AGE~DA ~ APPROVED AND/OR ADOPTED WITH CHA_NGES CHAIRWOMAN MAC'KIE: Good morning. We'll call to order the meeting of the Board of County Commissioners for Collier County for Tuesday, August 3rd, 1999. We're honored this morning to have Reverend Les Wicker from Naples United Church of Christ with us to lead us in the invocation. If you'll stand for that, afterwards we'll have the pledge of allegiance. REVEREND WICKER: Let us pray. Oh, mighty God, we give thanks for the gift of living in a land of democratic process and elected leadership. We pray for your divine guidance, for the concerns of this meeting of the commissioners of our county. Give to all sound understanding, farsighted vision and integrity and judgment. As we gather to begin important deliberations, help us to remember the blessings of living in such a progressive community. Make us eager to make good decisions for all our people, that the concerns of all might be to their and the community's best benefit. May we be so guided by your spirit in this and every time of need as we offer these and all our prayers in your name, amen. (Pledge of allegiance was recited in unison.) CHAIRWOMAN MAC'KIE: Can you tell us what the lapel buttons stands for? UNIDENTIFIED SPEAKER: Came from the clowns. CHAIRWOMAN MAC'KIE: Ah. All right. Thank you. Okay. Tim and I were just saying that when you guys come up for your presentation, we think we ought to get you up behind here for a little political statement. COMMISSIONER CARTER: Well, some may think we ought to switch seats. CHAIRWOMAN MAC'KIE: That's what I had in mind. COMMISSIONER BERRY: Some think we already have. CHAIRWOMAN MAC'KIE: Some think we already have, that's right. Okay. Guys, we have a list of changes to the agenda. Will you take us through those, Mr. Fernandez? MR. FERNANDEZ: Yes. Good morning, Madam Chairman -- CHAIRWOMAN MAC'KIE: Thanks. MR. FERNANDEZ: -- and commissioners, and welcome back. CHAIRWOMAN MAC'KIE: Thanks. COMMISSIONER CARTER: Thank you. MR. FERNANDEZ: The first change in add is item 5(A) (2), is proclamation designating the month of September, 1999, as childhood cancer & blood disorder awareness month, requested by the board office. The next one is an add. The item is 10(E), proposed joint meeting with the City of Naples, City of Marco Island and the City of Everglades City to discuss FEMA map changes, requested by Commissioner Mac'Kie. The next is to add item 10(F). It's a request by Senator Saunders for discussion regarding the title loan transactions, also requested by Commissioner Mac'Kie. The next is to move item 16(B)4 to 8(B)5, that's from consent to regular, to accept certain easements in order to improve various road Page 2 August 3, 1999 intersections, and that was requested by the staff, by the real property staff. The next is to continue item 17(K), to September 14th meeting. That's PUD No. 98-20, rezoning of Whippoorwill Lakes, requested by the petitioner. The next is to move item 12(C)1 to item 8(A) 3. This is amend ordinance 89-83, Summerwood PUD, to address exotics removal requirements. This is requested by the County Attorney's Office. The last item is to move item 16(C)5 to 8(C)1. This is the amendment in the grandstand construction agreement with the Gulf Coast Skimmers, Incorporated, requested by Commissioner Mac'Kie. Just a note, in addition, that there are a number of items under section 11, ll(A) I, (A) 2 and (A) 3 were requested that they be heard before the setting of the millage rate. That request was made by the sheriff's office. CHAIRWOMAN MAC'KIE: Likewise with that, I got a note just a few minutes ago that Judge Blackwell wanted to be heard on ll(A) 3 and wondered if we could set a time certain for that so that he could schedule his courtroom accordingly. Do you have any advice, Mr. Fernandez, about what we might set as a time certain for all of those budget items? COMMISSIONER CONSTANTINE: How about right after the break? CHAIRWOMAN MAC'KIE: 10:307 MR. FERNANDEZ: 10:30 is a perfect time for us. COMMISSIONER CONSTANTINE: Right after the break? MR. FERNANDEZ: We'll be ready. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER CONSTANTINE: Okay. Time certain. CHAIRWOMAN MAC'KIE: So we'll do those right after the break, close to 10:30. If somebody could let Judge Blackwell know that, I'd appreciate it. Okay. Other changes. Mr. Weigel, any? MR. WEIGEL: None additional, thank you. CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: Commissioner Berry? None. Commissioner Norris? Unfortunately I do need to pull 16(B)22. 16 (B) 22. Where do you want to put that? Well, it would go to -- 8(B)67 8(B)6. And what is that one, just -- Has to do with landscaping of U.S. 41. Oh. Thank you for pulling that. Commissioner Constantine? COMMISSIONER CONSTANTINE: Yeah. I have several. Two I need to pull from the consent agenda. 16(C)8. CHAIRWOMAN MAC'KIE: 16(C) 8 will be 8(C)2. And what's the topic of that one? COMMISSIONER CONSTANTINE: my front page. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER CONSTANTINE: to it. CHAIRWOMAN MAC'KIE: Okay. I just wrote the numbers down here on So I'll be better prepared when we get 16(C)8 will be 8(C)2. Page 3 August 3, 1999 COMMISSIONER CONSTANTINE: And 16(J) 3. CHAIRWOMAN MAC'KIE: I don't know where to put that one. How about that, Mr. Fernandez? MR. FERNANDEZ: That's under county attorney. CHAIRWOMAN MAC'KIE: Okay. So it will be 9(1) -- I mean 9(A). And that's 16(J) 37 COMMISSIONER CONSTANTINE: Yes. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER CONSTANTINE: Quick question. We may not need to pull these, but we may. 16(E)I(A) and 16(I)1 appear to be the same thing. CHAIRWOMAN MAC'KIE: Give the numbers one more time. 16 -- COMMISSIONER CONSTANTINE: (E) 1 (A) -- CHAIRWOMAN MAC ' KIE: (E) 1 (A) . COMMISSIONER CONSTANTINE: -- and 16(I)1, emergency purchase of telephone systems for newly leased off-campus locations. One request from the administrator, one request from the sheriff. They appear to be the exact same thing. CHAIRWOMAN MAC'KIE: Didn't one say it was computer network access, the same as telephone systems? COMMISSIONER CONSTANTINE: I don't know. And if they're not the same, that's great. I just wanted to make sure we weren't approving the same thing twice. CHAIRWOMAN MAC'KIE: Don't be ashamed to buy it twice. MR. FERNANDEZ: Madam Chairwoman, they relate to each other. One is one that I approved in the board's absence, and it was in the smaller dollar amount, and requests the board's ratification. The latter is a much larger dollar amount. I didn't feel comfortable approving that one in the board's absence, so that's there -- COMMISSIONER CONSTANTINE: Thank you. I don't need to pull either one of them. I just wanted to make sure they weren't the same thing. CHAIRWOMAN MAC'KIE: That's fine. COMMISSIONER CONSTANTINE: Two others. 16(A) 22, I've got a couple of calls, and I wondered if we could just continue that item. That is the one on excavating we've talked about out on the estates zoned property, and I've just got a call from some of the contractors who do that type work who said, gosh, wouldn't it be nice if we could actually talk about this as we put those requirements together. And they'd just like to be part of that process. So I wondered if there's any objection if we just continue that to whenever the next meeting is. CHAIRWOMAN MAC'KIE: Mr. Fernandez? MR. FERNANDEZ: Madam Chairwoman, I think it's important that you have some additional information before you decide on this one. If 16(A) 22 is, in fact, pulled, there are some related items that are also on the agenda that are based on 16(A) 22. There is 16(A) 7, 16(A) 9 and 16(A) 10. COMMISSIONER CONSTANTINE: Is there anything that would prohibit those ones from being approved using these rules without making that standard policy? MR. FERNANDEZ: I'd have to defer to the planning staff on that one. Mr. Mulhere? MR. MULHERE: Just for the record, Bob Mulhere, planning director. No, those would -- they're consistent with the rules that Page 4 August 3, 1999 we're proposing, and we could continue until the next board meeting the discussion on procedures for commercial excavations. CHAIRWOMAN MAC'KIE: But we could approve the three -- MR. MULHERE: Correct. CHAIRWOMAN MAC'KIE: -- today. COMMISSIONER CARTER: And they would follow the rules that are proposed -- MR. MULHERE: Yes, they've agreed to. COMMISSIONER CONSTANTINE: And don't misunderstand me. I'm not in any way suggesting we shouldn't do the policy. I just -- in fairness to the guys in the industry, we probably ought to let them be part of the discussion. CHAIRWOMAN MAC'KIE: Good communication. Okay. COMMISSIONER CONSTANTINE: And one other is the -- 10(C) is the appointments of EAC stuff. Can we do one of two things, either continue that until we've had a chance to have a full legal discussion on that, or be prepared today to have a full legal discussion on that, because in my mind, there's some question there, if it's an advisory board, whether or not there's the conflict of interest that caused the mass resignations, and I think we ought to be comfortable that we have sorted that issue out before we make new appointments so that we don't end up with the same problem again. CHAIRWOMAN MAC'KIE: Why don't make that questions that we'll have for the county attorney, and then we'll decide whether or not we're going to make appointments today. COMMISSIONER CONSTANTINE: That's all I have. Thank you. CHAIRWOMAN MAC'KIE: Commissioner Carter? COMMISSIONER CARTER: No. Mr. Constantine has cleaned my list. CHAIRWOMAN MAC'KIE: Oh, good. And I don't have additional changes, but I do want to register an abstention on item 16(A) l. That's my Pebblebrook Lakes client. Anybody want to make a motion on the agenda? COMMISSIONER CONSTANTINE: I'll make a motion we approve the consent agenda, summary agenda and regular agenda, as amended. COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: Motion and second. All in favor, say aye. Opposed? (No response.) Passes unanimously. Page 5 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING AUGUST 3, 1999 ADD: ITEM 5(A)(2) - PROCLAMATION DESIGNATING THE MONTH OF SEPTEMBER, 1999 AS "CHILDHOOD CANCER & BLOOD DISORDER AWARENESS MONTH". (BCC OFFICE). ADD: ITEM lO(E) - PROPOSED JOINT MEETING WITH THE CITY OF NAPLES, CITY OF MARCO ISLAND AND CITY OF EVERGLADES CITY TO DISCUSS FEMA MAP CHANGES (COMMISSIONER MAC'KIE). ADD: ITEM lO(F) - REQUEST BY SENATOR SAUNDERS FOR DISCUSSION REGARDING TITLE LOAN TRANSACTIONS (COMMISSIONER MAC'KIE). MOVE: ITEM 16(B)(4) TO 8(B)(5) -ACCEPT CERTAIN EASEMENTS IN ORDER TO IMPROVE VARIOUS ROAD INTERSECTIONS. (STAFF'S REQUEST). CONTINUE: ITEM 17(K) TO THE SEPTEMBER 14TM MEETING: PUD NO. 98-20 REZONING FOR WHIPPOORWILL LAKES. (PETITIONER'S REQUEST). MOVE: ITEM 12(C)(1) TO 8(A)(3) - AMEND ORDINANCE 89-83, SUMMERWOOD PUD TO ADDRESS EXOTICS REMOVAL REQUIREMENTS. (STAFF'S REQUEST). MOVE: ITEM 16(C)(5) TO 8(C)(1) - AMENDMENT IN THE GRANDSTAND CONSTRUCTION AGREEMENT WITH THE GULF COAST SKIMMERS, INC. (COMMISSIONER MAC'KIE). NOTE: ITEMS 11(A)(1), 11(A)(2) AND ll(A)O) - REOUEST THESE ITEMS BE HEARD BEFORE SETTING THE MILLAGE RATE: SHERIFF'S RECOMMENDATIONS REGARDING THE FY 1999-2000 BUD GE T. August 3, 1999 Item #4 MINUTES OF THE JUNE 8, 1999 REGULAR, JUNE 16, 1999 SPECIAL, JUNE 16, 1999 SPECIAL LDC, JUNE 17, 1999 BUDGET WORKSHOP, JUNE 18, 1999 BUDGET WORKSHOP, JUNE 21, 1999 BUDGET WORKSHOP AND JUNE 22, 1999 REGULAR - APPROVED AS PRESENTED CHAIRWOMAN MAC'KIE: Minutes to approve. COMMISSIONER BERRY: I move approval of minutes of June 8th, 1999, June 17th, 1999, June 18th, 1999, June 21st, 1999, and June 22nd, 1999. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) Passes unanimously. Item #5A1 PROCLAMATION DESIGNATING THE WEEK OF AUGUST i - 7, 1999 AS NATIONAL CLOWN WEEK - ADOPTED Commissioner Carter has a proclamation. COMMISSIONER CARTER: Yes. This morning we have a great proclamation. And would the people representing the nat -- for National Clown Week please come forward. We have Ms. Gloria Carter, who is known as Dixie Belle, Ms. Jackie Nolder, who is known as Melody Merrymaker, and Ms. Carol Abbott, who is known as Sonshine. MS. ABBOTT: Sonshine. COMMISSIONER CARTER: Here come the clowns. CHAIRWOMAN MAC'KIE: Oh, they're coming on up. COMMISSIONER CONSTANTINE: Bring on the clowns. COMMISSIONER BERRY: Oh, no. You can have my seat. You can be a commissioner for the day. MS. CARTER: My name's Carter, so I'll stay right here. COMMISSIONER CARTER: Stay right here, right here. MS. CARTER: We're making history. COMMISSIONER BERRY: No. You can have my seat. You can be a commissioner for the day. MS. NOLDER: Could somebody give me some coffee, please? I need coffee. MS. ABBOTT: I can't sit on my tail. It hurts, you know, when you sit on your tail MS. NOLDER: How about a doughnut to go with that coffee? That would be good. MS. CARTER: Are you ready for the sheriff's budget? COMMISSIONER CARTER: Could we approve that right now? MS. NOLDER: Excuse me, Dixie Belle. MS. ABBOTT: I've got to clean up around here. MS. NOLDER: Excuse me, Sonshine, Dixie Belle. Don't be clowning around with the sheriff's budget. That is not funny. That is not funny. The budget is a very serious thing. CHAIRWOMAN MAC'KIE: You've got a political opinion now. COMMISSIONER CARTER: Well, so we can move forward with this proclamation. Page 6 August 3, 1999 WHEREAS, through the ages clowns have used their talents of drama, music, dance, whip, acrobatics, juggling, balloon sculpturing and makeup to provide laughter and entertainment; and WHEREAS, being a clown requires physical skills, dramatic ability and firm understanding of human nature; and WHEREAS, the familiar comic character known as the clown encourages laughter in the young, the old, the rich and the poor, and makes people forget their troubles, afflictions, handicaps and depressions; and WHEREAS, clowns give a part of themselves to delight and bring moments of quiet splendor and hope to those in orphanages, children's hospitals, homes for the elderly and the retarded. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the weeks of August 1 to 7, 1999, be designated as National Clown Week and urges all citizens to recognize the many charitable activities performed by clowns and to enjoy the wholesome entertainment they provide for all our citizens. Done and ordered this 3rd day of August, 1999, Board of County Commissioners, Collier County, Florida, Pamela S. Mac'Kie, Chairwoman. I move that we accept this proclamation. COMMISSIONER BERRY: Second. COMMISSIONER NORRIS: Second. MS. ABBOTT: Oh, I third it. CHAIRWOMAN MAC'KIE: Motion and a second. All in favor, please say aye. Opposed? (No response.) Passes unanimously. MS. ABBOTT: Thank you, thank you. MS. CARTER: Madam chairman -- madam chairman, vice chairman and the commissioners, we joyfully accept this proclamation. And as the ambassadors of Collier County, spreading mirth and tomfoolery, we would like to express our appreciation with this little token of clown. Thank you very much. CHAIRWOMAN MAC'KIE: Okay. I think we should wear these for the duration of the meeting. COMMISSIONER BERRY: I like you. MS. ABBOTT: I like you. I like you too. CHAIRWOMAN MAC'KIE: I like you too. COMMISSIONER NORRIS: We've got our secret decoder rings. COMMISSIONER CONSTANTINE: Thank you very much. COMMISSIONER CARTER: Well, I'll tell you the sheriff's in trouble now that I've got this ring. COMMISSIONER BERRY: Yes. We have special powers now. CHAIRWOMAN MAC'KIE: Okay. We need some gift disclosure forms up here. Okay. Well, that kind of sets the tone for coming back from vacation, doesn't it? COMMISSIONER CARTER: Right, terrific. Page 7 AUG- 3 1999 PROCLAI A T_ ON through the oyes, downs hove used thdr talents of drama, music,. dance, w/t, acrobat/cs, juggling, balloon sculpturing and make-up to provide laughter and entertdnment; and, VYH~REA$, being o clown requires physical skills, dramatic ability and o firm understanding of human nature; and, the familiar comic character known as a clown encourages laughter in : ,e old, the rich and the poor and makes people forget th= ?oung, ~'7 their troubles, afflictions, handicaps and depress/ow and, c/owns give a port of themselves to delight and bring moments of quiet splendor ' orphanages, children's hosp/ta/s, homes for NOVY DONE AND ~ by Commissioners of 1999 be act/v/t/es PAMELA 5. MACK'rE, ~AN August 3, 1999 Item #5A2 PROCLMATION DESIGNATING THE MONTH OF SEPTEMBER, 1999, AS "CHILDHOOD CANCER & BLOOD DISORDER AWARENESS MONTH" - ADOPTED CHAIRWOMAN MAC'KIE: Okay. Commissioner Constantine has a proclamation. Probably won't be quite as much fun, but important, nonetheless. COMMISSIONER CONSTANTINE: Well, it can be kind of fun. We have -- is Nancy here? Who is here? We had this as an add on. Come on right up here and tell me who you are so we can tell everybody in TV land. MR. TRYZNA: My name is Jim Tryzna. COMMISSIONER CONSTANTINE: Jim Tryzna is with us. And let me read the following proclamation. If you'd turn around. WHEREAS, Florida's greatest resource and most cherished treasures are, in deed, our youth, who truly have so much to offer ... included in this population are those children with special needs who suffer from childhood cancer and blood-related disease; and WHEREAS, while the research and treatment of today has extended the lives and made a positive impact upon the life experiences of many of these children, and while the number of long-term survivors is steadily increasing, it's essential that we work together as a people and as a state to ensure that this trend continues on the upscale; and WHEREAS, dedicated organizations like Candlelighters remain deeply committed to expanding the resources and education available to families whose children have cancer or blood-related disease; and WHEREAS, Florida, proud home of some of the finest medical institutions in the world whose professional staff are presently at the forefront in cancer research and other advances, is pleased to join in recognizing and applauding the valuable role which families of childhood cancer and blood disorder patients play in helping our medical community to reach great heights in the name of caring. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that the month of September, 1999, be designated as childhood cancer and blood disorder awareness month. Done and ordered this 3rd day of August, 1999, the Board of County Commissioners, Pamela S. Mac'Kie, Chairwoman. Madam Chair, I'd like to make a motion we approve this proclamation. COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? Passes unanimously. MR. TRYZNA: Thank you very much, Commissioners. I just wanted to say a couple words on behalf of the Candlelighters, which is a great organization. I have personal knowledge of it since I have two children that were diagnosed with cancer myself. And today's actually a very special day for my family, because it's my daughter Heather's sixth anniversary in remission after a bone marrow transplant, so I know the benefits that this organization affords to families such as mine. And I just wanted to thank the commissioners for their continued support. We have one of our largest fund-raisers coming up, which is Page 8 August 3, 1999 going to be held on September 18th at the Bonita Bay Country Club, which is the fifth annual Candlelighters' golf outing. So again, you know, we appreciate your support and we look forward to seeing, you know, many of the people in this room attend this year's event. Because it's always, you know, a very nicely attended event. CHAIRWOMAN MAC'KIE: How would they get in touch with someone if they wanted to be involved? MR. TRYZNA: They could contact Claire Snellbaker at the Candlelighters, which is located at Health Park South. Her phone number is 432-23 -- or 2223. CHAIRWOMAN MAC'KIE: Wonderful. Thank you. MR. TRYZNA: And we have, you know, plenty of brochures that we could send over. COMMISSIONER CONSTANTINE: They can actually call me if they want, because I have a number of those brochures here for distribution, so. CHAIRWOMAN MAC'KIE: Wonderful organization. Thank you both for bringing it. MR. TRYZNA: Thank you very much. CHAIRWOMAN MAC'KIE: Thanks. Page 9 AUG 0 3 Jgg PROCLAA~A TION ~VHEREA$, Florida's greatest resource and most cherished treasures ar~e indeed our youth, who truly have so much to offer .../nc/udedin population are those children w/th spec/a/needs who suffer from childhood cancer and blood related disease; and, ~IHEREA$. while the research and treatment of today has extended the lives and made a positive impact upon the life experiences of many of these children, and while the number of long-term survivors is steadily increasing, it is essential that we work together as a people and as a 5tare to ensure that this trend continues on the upsca/e; and, WHEREAS, dedicated organizations like Candle//ghters remain deeply committed to expanding the resources and education available to families whose children have cancer or blood related disease; and, I~/HEREA$. F/or/da, proud home to some of the finest medical institutions in the world whose profesdona/ staff are presently at the forefront in cancer research and other advances, is pleased to join in recognizing and applauding the valuable role which families Of childhood cancer and blood disorder patients p/ay in he/ping our medical community to reach great heights in the name o£ coring. NOH/ THERE?ORE, be it proc/aimed by the Board of Count)<. Commisdoners of 'Collier County,'F/oHda, that the month of September, 1999, be designated as CHILDHOOD CANCER ' BLOOD DZ$ORDER AWARENESS MONTH DONE AND ORDERED THIS 3rd Day of August, 1999. D E. B OC£CLERK BOARD OF COUNTY COMMISSIONERS / Item #SB EMPLOYEE SERVICE AWARDS PRESENTED August 3, 1999 Commissioner Norris has just a few -- that was sarcasm -- service awards this morning. COMMISSIONER NORRIS: Must have been a popular month for entry into the system. I certainly have a few here. Our first one is Mark Wolin for five years with the Water Department. We have, Bruce Gasteneau has five years with EMS. Willie Pugh has five years with the Water Department. Charles Robixhaud has five years with Wastewater. Sharon Phillips has five years with Building Review and Permitting. Elizabeth Froloff has five years with Revenue Services. John Daly has five years with Information Technology. Jose Calderin has five years at Parks and Rec. Steven Fontaine has 10 years Building Review and Permitting. Richard Woodcock has 10 years in the library. Mary Ellen Donner has 10 years with Parks and Rec. Ramiro Manalich has 10 years as assistant county attorney. Fred Reischl has 10 years in Current Planning. And John Houldsworth has 10 years in planning. And that does it for today. Item #5C1 JEAN JOURDAN, REAL PROPERTY SPECIALIST II, REAL PROPERTY MANAGEMENT DEPARTMENT, EMPLOYEE OF THE MONTH FOR JULY, 1999 - RECOGNIZED CHAIRWOMAN MAC'KIE: I'd like to ask Jean Jourdan to come up. She is the employee of the month for July, 1999. Jean works in the Real Property Department as a Property Specialist II. Come on up. Let's get you on the TV. Sorry I'm not organized enough. Jean's been with the Real Property Management Department since November of 1997. As a specialist II, she's responsible to provide professional real estate services to various county departments and divisions. In the past few months, Jean has been commended by various client departments for her hard work and dedication. In addition, Jean has received feedback from property owners for which she has negotiated property rights for use by Collier County. During the negotiations phase for the Golden Gate Boulevard project, Jean has been able to secure 24 easements, over one-third of her assigned parcels, either by donation or monetary consideration. She represents the county in all her negotiations, while being empathetic to each property owner's needs and feelings. Jean is a self-motivated employee. She sets professional goals for herself. And due to her motivation, she exceeds established project deadlines. Jean is a team player in every sense of the word. Due to her exemplary customer service and her dedication to exceed the call of duty, Jean has been selected as July's employee of the month. And Jean, I'm pleased to present to you a letter for your file, a plaque to indicate our sincere gratitude for your work, and a little bonus check for you. Thanks. MS. JOURDAN: Thank you. CHAIRWOMAN MAC'KIE: And as we know, from having seen this state not do a good job in this kind of work, it's critical that there be Page 10 August 3, 1999 somebody who really can do the work well, and I'm thrilled that we have Jean working for us. Item #5C2 1999 STATE OF FLORIDA EMS PROVIDER OF THE YEAR AWARD - PLAQUE PRESENTED TO CHIEF DIANE FLAGG The next item is a presentation that I'm just thrilled to get to have made publicly, and that is, 1999 State of Florida EMS provider of the year award for the state. Diane -- Chief Flagg, are you bringing this forward or -- ah, there's a video. CHIEF FLAGG: Good morning, Commissioners. We're going to show a short video about emergency services. CHAIRWOMAN MAC'KIE: Wonderful. Come on, Katie, turn on the video. That's all it took. COMMISSIONER CONSTANTINE: Cue by the chairman. (Video was played.) CHAIRWOMAN MAC'KIE: Couldn't say it better. MR. VILLANI: Madam Chairwoman, members of the Board of County Commissioners with Collier County, my name is Dino Villani, and I'm the chief of the Bureau of the Emergency Medical Services with the State of Florida Department of Health in Tallahassee. And it's a great honor for me today to bring this honor to you. And this is the ninth year that our office has offered this award. And this award honors the most outstanding EMS organizations and individuals in the State of Florida. This award honors an EMS service which assumed a leadership role in EMS by achieving in areas of quality assurance, patient care, public access, medical control, disaster preparedness, public education, and in training in the State of Florida. Let me share with you today the presentation that was made a month ago at the State Advisory Committee in Orlando. Probably the most important things that the committee looked at were as follows: One, the mission of Collier County's Emergency Medical Services. It's an outstanding mission, and that is to provide world class patient care to the community in an efficient and effective manner. It is a constant reminder of who you serve. Your department maintains state of the art medical equipment and vehicles, including a completely updated fleet of medium duty ambulances. Refusing to rest on your laurels, in 1998 you launched an innovative public access AED program by strategically placing AEDs throughout the community. This involved community members as AED rescuers and provides local first responders with AEDs. You even established an ordinance to establish guidelines for training, utilization and data collection of all AEDs under the control of Dr. Tober and the EMS department. This program is unique in many ways because of its ability to truly let your community help itself. By increasing awareness, providing training in AEDs, Collier County gives a second chance to the cardiac arrest victims and to their loved ones. Not only do you improve the well-being of your citizens, but you also improve the quality of life of the survivors. Collier County will serve as a model for other communities to emulate. Page 11 August 3, 1999 Your EMS has also developed partnerships with the Cities of Naples, Marco Island and Everglades City. Three member teams allow single emergency response vehicles to respond to medical emergencies in their communities. A comprehensive fitness program is on its way. This is important. Two paramedics are completing their certifications as personal fitness trainers, and a grant proposal to our office has been submitted for equipment and program funding. As we all know, EMS personnel are exposed daily to situations where poor fitness or incorrect lifting techniques can cause serious injury. This program will not only help to prevent injuries, but is expected to enhance overall health and performance of your EMS crews. Over the past years, Collier County was an integral playing in getting the special risk legislation passed. Prior to this, EMTs and paramedics were not covered by the special risk classification of the Florida Retirement System. We salute you for that. Collier County EMS recognizes that public education is an extension of their service. Numerous public education programs are in place. Public CPR classes, file for life program, twelve lead EKG screening at local malls, and an average of 45 public events each month. This is admirable. And the participation -- and their med. flight one helicopter, which was so beautifully shown in your video, has logged over 5,000 accident-free hours over the past 10 years in its service to the community. And finally, Collier County EMS stays focused on the community and supports the March of Dimes, Walk America, American Heart Association Heart Walk, the Diabetes Foundation, and the United Way each year. What a team, what a system, what world class patient care. It is truly an honor and a pleasure for me to congratulate Collier County EMS as selected as the 1999 State of Florida EMS provider of the year. Thank you. CHAIRWOMAN MAC'KIE: Thank you. MR. VILLANI: Madam Chairman. One last remark, Madam Chairwoman, and members of the board. There is a national award which is put out by the National Association of EMTs, and I encourage you, in light of this, to apply for that award, and wish you luck in that endeavor. CHAIRWOMAN MAC'KIE: Thank you. MR. VILLANI: Thank you. CHAIRWOMAN MAC'KIE: Diane, do you have something to say? CHIEF FLAGG: Just briefly, Commissioners. On behalf of the Collier County Emergency Medical Services Department and the paramedics who have dedicated their lives to the service of others, I'd like to thank you for your support, your wisdom, your commitment to world class emergency services for our community. And I'd also like to extend a special thanks to the public information department for their expertise in putting the video together for us. CHAIRWOMAN MAC'KIE: That's very nice. CHIEF FLAGG: Thank you. CHAIRWOMAN MAC'KIE: I have to say too, just before you go, Diane, first of all, I think that Chief Flagg deserves a tremendous amount of credit for the department that she has run, and obviously has created something that's recognized now on a state level and maybe even will be on a national level, and we know that it rises to that level of competence and professionalism that no other, certainly in Page 12 August 3, 1999 the state, does, and now we have that officially designated, and we thank you for that. And also to the on-the-line guys. You-all are motivated by something that I frankly don't understand. You don't do what you do for the money. But it is such a tremendous need and such a wonderful service that you provide, I just wanted to take just a second to tell you how much we sincerely appreciate it and how grateful we are that there are people who are motivated to do what you do. And thank you, you've made us really proud. CHIEF FLAGG: Thank you. MR. FERNANDEZ: Madam Chairwoman, I'd just like to add my thanks and congratulations to Chief Flagg and the entire department. I think once in a while it takes an event like this and the video to remind us of the value of the good work that our county staff does, and I just wanted to add my congratulations to yours. Thank you, Diane. CHAIRWOMAN MAC'KIE: Thank you, and congratulations to all of you. Item #TA JOHN JASSY REGARDING STREET NAME CHANGE FOR CR-951 - STAFF TO REVIEW OPTIONS AND COME BACK Okay. Now we move on to public petitions. John Jassy has the first one. I'll tell you, for public petitions, you have up to 10 minutes to make a case. The board can't make any decisions on the public petition, but could direct staff if they so choose. So, Mr. Jassy. MR. JASSY: Thank you. Thank you, Commissioner. Ladies and gentlemen of the Commission, I thank you for allowing me to speak. On sort of a humorous note, since we have the clowns with us this morning, I'd like to begin, with those of you that have children, to recall what it was like -- CHAIRWOMAN MAC'KIE: John, I'm sorry. I didn't ask you to identify yourself for the record. Thank you, Tim. MR. JASSY: I'm sorry. My name is John Jassy and I'm a resident of Naples. Again, ladies and gentlemen of the Commission, thank you very much for allowing me to speak. Going back to the humor of this morning, I'd like all of you that have children to try and recall what it was like when trying to name those children and what you went through and all the names you thought of and what a good name or bad name and some liked it and some didn't, and in the end, it all seems to have turned out okay. Approximately 10 years ago I became involved in properties on County Road 951. From the beginning of that time, I've heard some barrage of complaints from people about the name. Some people thought 951 sounded too rural. For a while it was well known as Isle of Capri Road, and some people still think it is, although, officially, it isn't anymore, and the people of Naples and Golden Gate didn't think that was appropriate for a road running through Golden Gate and Naples. Most of the people I spoke to wanted a name that reflected something that was consistent with that part of the county, quality and a positive image that would reflect on that area. Page 13 August 3, 1999 As most of you probably know from the newspaper, I took it upon myself to see if I could help move this process along just as a private individual. After talking to many of the property owners, one thing that was unanimous was that almost everyone wanted a name change. Most of them wanted something that reflected the nature of the area and some picture from themes. Initially thoughts came up of things from plants and trees and other things like that. And after going through the phone book and talking to the county, all those names really had been taken. The second theme that came up was an idea of golf with all the golf courses that are currently being built or have been built on 951. Currently there's approximately 50 percent more golf courses, country clubs and holes of golf than any other road in the county. Ideas came up after, naming it after a golfer, and there didn't seem to be any consistencies to people knowing who those golfers were or whether that was a good idea. The most consistent name that came up was something generic of Country Club Boulevard. I personally took that name to the Golden Gate Civic Association. They seemed to like the name. We took it to a lot of the developers and owners on the street. A lot of them also thought it was -- you know, they all had their own ideas but seemed to settle on that was, you know, a certain name that was okay. Just from the sure number of people that have ownership on 951 just really ranges, I think, in the hundreds, so it wasn't possible to contact them all. I believe that the name of Country Club Boulevard, I would just like to suggest is a positive possible change for the name of that street. I think it positively reflects the upscaling image that Golden Gate is doing. I think it reflects the development of all economic levels, from the Golden Gate Country Club to Naples National, and I think it would benefit the county. And I believe the name Country Club Boulevard doesn't cause a change of what's going on out there, but just reflects the change and the upscaling and the quality of development that's going on in that part of the county. Thank you very much. May I answer any questions? CHAIRWOMAN MAC'KIE: Are there questions for the petitioner? No? Thank you for bringing this forward. MR. JASSY: Thank you very much. COMMISSIONER CONSTANTINE: Just a quick comment. In 1992 the board, on which none of us served, changed, as you mentioned, that it was briefly called Isle of Capri Road. And in early '93 we changed that back for the simple reason that the -- at the time the post office wouldn't deliver mail if it said Golden Gate, Florida. You had to put Naples, Florida. So if you owned a business like the Golden Gate Gazette on Isle of Capri Road in Naples, Florida, the poor UPS guy is looking at that trying to figure out where he's supposed to go, because it's got three different distinct areas in it. It didn't work very well. And so it still appears on a few maps here and there as Isle of Capri Road, because for six months or eight months, it really was Isle of Capri Road, but that was changed back. I think there was some general agreement then that, perhaps, C.R. 951 wasn't the appropriate name. And I know we have a process to go through. We've got -- I've been at the Civic Association when John came and spoke to them and at some other groups, and I know it's -- he Page 14 August 3, 1999 has received pretty warm support to give it some sort of name and okay support for Country Club Boulevard. It's not a bad name. I don't think it's drawn great passion from people either. One thing, I just mentioned to Commissioner Mac'Kie, I leaned over and said, when you said, you know, trying to create something that reflects quality and a positive image and so on, we just lost Gene Sarezen this past year who was on Marco, and of course, that was his travel, up and down what's now 951. And that might be a -- if we choose to do a change, that might be a nice way to hang on to him, but a -- certainly a quality human being and certainly a good positive image. So I don't know if it's something the board wants to entertain changing without going through all of the process. MR. JASSY: And I think all of our group would certainly support that also. CHAIRWOMAN MAC'KIE: Well, I have to be honest with you, I don't really like Country Club Road. MR. JASSY: Okay. CHAIRWOMAN MAC'KIE: But I do think that the road needs a name. A number is not a good idea. And even not being a golfer, I've heard of Gene Sarezen, so maybe that has some potential. COMMISSIONER CONSTANTINE: And I think the important thing with him is -- and that's just an idea, but with Gene Sarezen, it's not just an athlete, but that was a quality individual who did a lot of work for the community, did a lot of work, not only in our community, but around the country for people, and, you know, just a very good person, let alone a good athlete. COMMISSIONER BERRY: Well, my idea was Collier Boulevard, because when you get down into Marco -- CHAIRWOMAN MAC'KIE: That's nice too. COMMISSIONER BERRY: -- it becomes Collier Boulevard, so if you started it at the beginning, which is the beginning of 951, then run it all the way down the road, it's Collier Boulevard. And what better talks about Collier County? It certainly isn't a derogatory name by any means. CHAIRWOMAN MAC'KIE: Now, one name for the roads is sure an improvement over what we've been doing. COMMISSIONER NORRIS: Isle of Capri was the one that didn't make any sense at all, since 951 doesn't go to the Isle of Capri. COMMISSIONER CONSTANTINE: Right. CHAIRWOMAN MAC'KIE: But the question, I guess, here is, is the board going to do something -- do we want to direct staff to look into this without the 50 percent plus one, which we do have the authority to do -- am I right, Mr. Weigel? MR. WEIGEL: That is correct. CHAIRWOMAN MAC'KIE: So is there interest on the board's -- COMMISSIONER CONSTANTINE: I wouldn't have any objection to having them look around, if any of us, or anybody else for that matter, has suggestions for what's a name. It doesn't mean we have to do it, but at least we can explore that and see what some of the options are. I think Barb's got a great idea. CHAIRWOMAN MAC'KIE: Yep. Mr. Weigel. MR. WEIGEL: And one further statement for the record here is that the Supervisor of Elections, Mrs. Morgan, has indicated that, should there be a name change, she would like to have notice, some kind of appropriate notice sent out to the people that would be so affected to assist in a transition, both for her offices and the Page 15 August 3, 1999 county government generally, because she receives a lot of calls in that regard. CHAIRWOMAN MAC'KIE: Okay. So we'll give direction to staff. I guess that would be, Mr. -- I'm sorry. Who are you? It's been a while? MR. MULHERE: Bob Mulhere. MR. FERNANDEZ: Madam Chairwoman, if you could just direct it to me, I can figure it out. CHAIRWOMAN MAC'KIE: There you go. Thank you. I don't have to do that. If you'll give direction to staff, Mr. Fernandez, thank you. And we'll -- MR. FERNANDEZ: Okay. Thank you. CHAIRWOMAN MAC'KIE: -- go forward from there. COMMISSIONER BERRY: They might want to also, Madam Chairman, check with some of the businesses out along there and see what kind of an impact this will have in terms of -- COMMISSIONER CONSTANTINE: Right. CHAIRWOMAN MAC'KIE: Stationery. COMMISSIONER BERRY: I don't know all of the implication in changing this, but I would think that would be appropriate, Mr. Fernandez, to check with those businesses. CHAIRWOMAN MAC'KIE: Great. MR. JASSY: And we'd be pleased to support either of those names. The goal, again, is really just to have a quality name on the street, and whether it's Gene Sarezen Boulevard or Collier Boulevard, I think either of those would be a real improvement over what we've got, and we'd be pleased to support it. And thank you for your time and your help. CHAIRWOMAN MAC'KIE: Thank you, Mr. Jassy. Item #7B ROBERT C. GEBHARDT REPRESENTING PATRICK AND HELEN PHILBIN, ET AL REGARDING THE PRIVATIZATION OF ROADS IN THE FOXFIRE SUBDIVISION - NO ACTION Now we have Mr. Philbin who has a public petition regarding Foxfire. Same rules apply, 10 minutes. The board can't take any action but could direct staff to undertake something if they so choose. Welcome. MR. PHILBIN: Madam Chairperson and members of the commission, for the record, my name is Patrick G. Philbin. My wife Helen and I are two of the petitioners herein. On June 1st, 19 -- June 1st of this year, we filed a petition with this board requesting a reinstatement of resolution 99-235 to this calendar so that the community at large could bring facts to your attention that were not brought out at the hearing on May llth, 1999. This request was not granted. On June 8th I came before you and discussed our contention that facts which were presented to you and upon which you heavily relied were not true. Specifically, I discussed the community letters of support which were later proven to be just the opposite. Since that time, we have found the closing of Kings Way was in violation of the transportation element of the growth management plan. The transportation element states that the county is to develop and operate a safe, efficient and Page 16 August 3, 1999 cost-effective transportation system, both for motorized and non-motorized movement of people and goods through the county, and to encourage neighborhood involvement and pleasant conditions for residents, pedestrians, bicyclists, and motorists of neighborhood streets, and to encourage the interconnection of neighborhoods. Did the closing of Kings Way accomplish any of these goals? Absolutely not Callously and with little thought of the people of Collier County, you did exactly do the opposite. We come before you now with a question for which we can find no logical answer. What had changed so dramatically from one year to the next and made it so imperative for you to close Kings Way in defiance of all logic? Traffic projections were the same on both petitions. Nothing was new here. The number of Foxfire residents affected was the same. What was so different that you could entertain the identical application year after year? So, looking for answers to this mystery, we went to the minutes of both meetings. Four of the five commissioners presently sitting here today heard all of the testimony in 1998 from both the petitioner and the county staff. It was a perfect example of government action, reports, diagrams, statements, salient questions by the commissioners, and representations made by both the commission and the petitioner as to why they believed in their positions. Foxfire agreed to permit pedestrians and cyclists to use the road. The only ban was on motorized vehicles. The record of that hearing is also replete with sound arguments made by members of this commission to allow this essential road to remain open. Good job. And everyone including the public knew what was happening. Based on the evidence, the commissioner did the right thing and voted the application down. A year passes and Foxfire is back with the identical same application. Well, almost the same application. There were some changes that were not brought out at the hearing, but each one on its own merits should have alerted you and proved to you that Kings Way should not have been closed. First, as a result of the calming methods employed by the county and Foxfire, speeding was no longer a problem. Second, vehicular traffic was reduced by up to 2,000 cars per day. Both facts are from your own staff's report. Third, Foxfire made no provisions for pedestrian and bicycle traffic. The promise made the year before was out, so was the public. Everyone was banned from Kings Way. Neighborhoods were disrupted and smooth and continuous north/south flow of the bicycle pathway system in Collier County was disrupted. Does the commission plan to shift all the bicycle traffic to Airport-Pulling Road along with the cars? Did you think of the safety of the cyclists? Does the commission plan to install bicycle lanes on Airport-Pulling Road, or is the cyclist on his own? You better decide soon. The Foxfire gates are going up, or should we say, the Foxfire gates are going down? At the second hearing in May of 1999, no presentation was made by the petitioner, no reports given, no records, no diagrams, no traffic patterns presented, no salient questions from the commissioners, nothing, nothing at all to tell the public what was happening. Page 17 August 3, 1999 Mr. Ken Kyle, the attorney for Foxfire, was to make the presentation for Foxfire and noted that this presentation would take 15 seconds, and it did. Just five lines of testimony. The minutes read more like a meeting of a mutual admiration society than a hearing on a petition. The commissioners congratulated the petitioners on doing a great professional job, and the petitioners congratulated each and every commissioner for being available for phone calls and private meetings whenever they were asked. Did I say private meetings? For what purpose? Private lobbying, perhaps? Which brings up another question. If public participation is to be the keynote for the future of Collier County, as Commissioner Mac'Kie stated last week at a growth management meeting -- and I sat right back there -- was the public informed and invited to these meetings? I'm sure they were not. Private meetings and private lobbying violate the due process clause of the United States Constitution and the Florida Constitutions, and goes against the sunshine laws of this state and all-around fair play. COMMISSIONER CONSTANTINE: You know, I've let it go up till this point, but I can't let that one go. If someone calls me -- MR. PHILBIN: Are you on -- COMMISSIONER CONSTANTINE: -- Mr. Philbin -- MR. PHILBIN: Am I on my time? COMMISSIONER CONSTANTINE: You'll get your extra time. MR. PHILBIN: Fine. Thank you, sir. COMMISSIONER CONSTANTINE: If somebody calls me, anybody in this room calls me, anybody in Collier County calls me and wants to talk about an issue, they're welcome to come in and sit down and talk with me. That doesn't mean that I'm then required to invite all of Collier County to come and sit down because some Golden Gate resident or anyone else wants to come sit with me. So I'm not sure what this private meetings point is. Anybody who wants to meet with their commissioner can call their commissioner and come in and sit down with their commissioner, and there's not a darn thing wrong with that. CHAIRWOMAN MAC'KIE: And let's resist -- I mean, I would ask, I'm personally resisting rebutting some other points that are troubling in your remarks and would like to go back on the clock and -- MR. PHILBIN: Check -- check the minutes, check the minutes. I checked them fully. Court rulings in Florida have been very strong in protecting the rights of each and every citizen to witness and give input to governmental operations and decisions. Commissioners, you're not allowed to leave the public out, and you did in this case. In the minutes, Commissioner Carter, prior to voting, stated that all his questions had been answered. What questions? The minutes showed you never asked any. What questions did he have and when and where were they asked and answered? COMMISSIONER CARTER: Excuse me, sir. All my questions were answered by the people who came to me, so let's get the record straight. MR. PHILBIN: That's my -- that's my thought. COMMISSIONER CARTER: I always wondered -- MR. PHILBIN: That is exactly my thought. COMMISSIONER CARTER: -- what frustrated federal prosecutors did. Now I know. Page 18 August 3, 1999 MR. PHILBIN: That's exactly my thought. Would you allow me to finish? CHAIRWOMAN MAC'KIE: Okay, please. COMMISSIONER CARTER: Of course. You can have all the time that you're allowed. MR. PHILBIN: Thank you. Thank you, Commissioner. COMMISSIONER NORRIS: You're finished, but you can continue. MR. PHILBIN: Thank you, Commissioner. Commissioner Mac'Kie, who insisted that there must be community support for the closing of Foxfire before it would even have been brought before the commission, and you said that, backed down when we proved that support was not there. You spoke to me at June 1st in front of the Naples Council with Channel 10, and you said, if I didn't have the support of all the surrounding communities, it never would have been brought before the commission. You know there's no support. CHAIRWOMAN MAC'KIE: I don't. MR. PHILBIN: What happened to her standards? Is her idea of community support and participation nothing but rhetoric? Commissioner Constantine appeared with the Foxfire -- petitioners of Foxfire at a community meeting in Briarwood on April 7th, five weeks before the hearing, and supported them in their request to close Kings Way. Is it proper for a commissioner to lobby on behalf of a matter which will be called before on an unbiased vote? Should he not have recused himself or not participated in the matter? At that very least, you should not have voted. You're either a commissioner or a petitioner, but you're not both. It is also difficult to understand Commissioner Berry, who voted against closure in 1998 and for closure in 1999. She too asked no questions and had no comments. It was apparent her mind, too, had already been made up beforehand. Commissioner Norris changed his vote from the year before, and in so doing, disenfranchised thousands of his constituents, in which I am one. No, ladies, Kings Way was certainly not your shining hour. In conclusion, our petition today asks you to look at the record with total objectivity and do whatever it takes to reverse this decision. All your basic arguments to keep Kings Way open are still valid. In fact, they are more valid today than at any time. The community support is not there, your own staff recommends against it, traffic and speeding is now reduced, non-motorized traffic is prohibited, and the growth management plan has now been compromised. We know you'll do nothing. You are rigid in your error. Not a desirable quality in a governmental body. That leaves us with no other course of action than to take the matter to the people. There is presently an application on Mr. Robert Fernandez's desk calling for a binding referendum to be placed on the ballot in the year 2000. This referendum will call for the repeal of the resolution that closed Kings Way. When approved, we will begin the task of collecting the necessary number of signatures. It will be a formidable task. But public support for our position has been so strong, we are confident we will succeed. Page 19 August 3, 1999 We are raising funds and assigning volunteers, however, we are sure that despite your best efforts to the contrary, Kings Way will be reopened for public use. In the final analysis, the people are the ultimate governing body with the right to make a change, and make a change we will. CHAIRWOMAN MAC'KIE: Thank you. Thank you. If you wouldn't mind coming to order, the next item on our agenda -- thank you. We have business. COMMISSIONER NORRIS: It's too bad these people can't put their efforts into helping us get the FP&L easement done, so we could actually do something positive, rather than just waste their money on attorneys with this. UNIDENTIFIED SPEAKER: What is positive with this? CHAIRWOMAN MAC'KIE: No. Excuse me. No -- excuse me. No, sir. No, sir. Excuse me. You cannot yell at us from the back of the room. Sir, excuse me. COMMISSIONER BERRY: Get Jim. CHAIRWOMAN MAC'KIE: I will have to, and I would like very much -- one more and I'm going to have to ask you to leave the room. UNIDENTIFIED SPEAKER. CHAIRWOMAN MAC'KIE: to put your -- UNIDENTIFIED SPEAKER: CHAIRWOMAN MAC'KIE: have to. That's fine. That's fine. Thank you. We welcome you. You're welcome You guys are doing crazy stuff up there. Good heavens. Jim, I guess you're going to COMMISSIONER CONSTANTINE: Brown shirt. THE BAILIFF: Which one is it, Madam? CHAIRWOMAN MAC'KIE: Well, hopefully they're leaving. And it's a shame, because there is some valid communication that needs to go on in this regard. COMMISSIONER CARTER: I think Mr. Weigel has some comments that these people leaving should hear before they -- COMMISSIONER BERRY: Need to hear. Absolutely. COMMISSIONER CONSTANTINE: If they're interested. Let me make a couple of comments real quick, and then I know Mr. Weigel has some legal things. And those people who are interested probably ought to hear these things. But Mr. Philbin is obviously very passionate about this, and that's fine. He's also inaccurate on some of this information -- CHAIRWOMAN MAC'KIE: Absolutely. COMMISSIONER CONSTANTINE: -- and that's important to know. When he talks about violating the transportation element and then he goes on to talk about, we're supposed to create safe conditions, we're supposed to create pleasant conditions for residents -- those are all exact words that appear in there -- protect neighborhood streets, all of those things are done. And when he said, what is different about this than a year ago, the construction of Livingston is the big difference. CHAIRWOMAN MAC'KIE: Livingston Road, absolutely. COMMISSIONER CONSTANTINE: And when it looks at spilling 17,000 cars a day onto a neighborhood street that he quoted himself -- thank you. MR. PHILBIN: May I speak? Is this rebuttal? CHAIRWOMAN MAC'KIE: Sir -- COMMISSIONER NORRIS: No, sir Page 20 August 3, 1999 COMMISSIONER CONSTANTINE: comment. here. No, sir. This is my opportunity to CHAIRWOMAN MAC'KIE: This is -- it's not a court. MR. PHILBIN: I'll have a surrebuttal if I may. CHAIRWOMAN MAC'KIE: You may not. COMMISSIONER CONSTANTINE: Well, you don't. There's a process COMMISSIONER BERRY: But you might want to listen, Mr. Philbin, to some legalese that we're going to be presenting here today so you can understand what our position is. COMMISSIONER CONSTANTINE: I understand you're passionate about it. It's kind of important that you know the factual information too. And you've presented what you believe it to be. It's important in this process that you actually listen too. It's ironic that we're being accused not of listening, yet you don't have any interest in what we have to say. And so when we talk about those 17,000 cars a day spilling onto a neighborhood street, then we are doing exactly what the transportation element says, and that is protecting those neighborhoods and creating safe conditions. Those are the very conditions that assist us in our process. My decision certainly wasn't based because some neighboring property -- it's an influence, but it's not based on a neighboring property's agreement or not as to whether -- the transportation element was a key part of what we were saying. What's interesting, as you pointed out, very limited discussion, no detail, questions and so on, there were also -- MR. PHILBIN: Excuse me. COMMISSIONER CONSTANTINE: Mr. Philbin -- MR. PHILBIN: Do I have a rebuttal? COMMISSIONER CONSTANTINE: - you had your 10 minutes. MR. PHILBIN: Do I have a rebuttal? CHAIRWOMAN MAC'KIE: No, sir. You -- COMMISSIONER NORRIS: You've asked that several times. No, you don't. CHAIRWOMAN MAC'KIE: Excuse me. I'll answer that question. Respectfully, sir, you had 10 minutes, and that's the way the process works. MR. PHILBIN: Fine. CHAIRWOMAN MAC'KIE: And now the board would like to have something to say. And they have that opportunity as well. COMMISSIONER CONSTANTINE: It's interesting that while there were limited questions and limited comments, there were no objections. And it was a public hearing. It was advertised. COMMISSIONER NORRIS: He wasn't here. COMMISSIONER CONSTANTINE: That's right. Mr. Philbin wasn't here. No one was here objecting. UNIDENTIFIED SPEAKER: Don't say that. I was here. COMMISSIONER CONSTANTINE: You're right. You're absolutely right. The gentleman from Briarwood was here. UNIDENTIFIED SPEAKER: I was here. You were having a private conversation while I was talking and addressing the board. COMMISSIONER CONSTANTINE: Mr. Chairman, Madam Chairman? CHAIRWOMAN MAC'KIE: Excuse me. UNIDENTIFIED SPEAKER: You didn't hear one word I said, along with my petition. You forgot that, didn't you? Page 21 August 3, 1999 CHAIRWOMAN MAC'KIE: Sir, please respect the body, if not the individuals. Sir, please. God, I don't want to ask to have somebody removed. I really do not want to do that. Please be quiet. UNIDENTIFIED SPEAKER: I don't want to be called an invisible person. CHAIRWOMAN MAC'KIE: No, sir. And he was trying, while you were talking now, to correct that statement, that absolutely you were here and you did speak and there was that one objection. COMMISSIONER CONSTANTINE: I did correct that. CHAIRWOMAN MAC'KIE: Yes, you did. COMMISSIONER CONSTANTINE: The other thing, and this was directed at me, and that I should have recused myself, and Mr. Philbin apparently doesn't understand Florida law and the requirement for us to vote and also the allowance for us to express our opinion on these things whether it's before, after or during a public hearing. All of those things are allowed. MR. PHILBIN: I've heard enough. COMMISSIONER CONSTANTINE: And so if -- Mr. Weigel might want to, before he goes into the referendum issue, for my benefit, if you would explain Florida law and how we are required to vote on these things. I didn't even have an option of recusing myself from that vote. MR. WEIGEL: Well, you're absolutely correct, Commissioner, and that is that under Florida law, specific statutes, there is a requirement for the commissioners to be present and voting on all matters that come before them unless there is an outright conflict and perception of conflict. And the perception statute is a separate statute, and it puts it within the province of the voter to make that determination, and there's nothing -- COMMISSIONER CONSTANTINE: Will you explain conflict according to state law? MR. WEIGEL: Okay. Well, the conflict according to state law would be if you had a -- if one had a remunerative interest, something that would come to your personal benefit or detriment by making the vote or participating in a vote either yea or nay. COMMISSIONER CONSTANTINE: Thank you. MR. WEIGEL: Okay. CHAIRWOMAN MAC'KIE: And likewise, I guess, it would have been worthwhile -- and let's go ahead and make a record, because this meeting is shown on replay, and hopefully the people who are too passionate about it to stay in the room will hear this via the replay, and that is, they're about to undertake a tremendous task of acquiring signatures for what they believe will be a binding referendum. I've been advised that that's not, in fact, possible legally. Could you give that advice at this point, Mr. Weigel? MR. WEIGEL: I'd be happy to. Thank you. I'd like to note that -- I preface my remarks with a few factual statements here, and there will be some legal opinion at the appropriate point, and that's to note that historically the agenda item concerning the vacation of Kings Way in Foxfire was duly advertised and heard at a public hearing of the board and decided, I believe it was May 8th, '99. It was a significant period ago. There has been on the books as county ordinance, that's local law for the county, the reconsideration ordinance, it's been in effect many, many years, and the reconsideration ordinance exists for one primary purpose, and that is, to allow the opportunity for people to come to board members who voted in the majority and convince them, if Page 22 August 3, 1999 they wish, it can be to convinced, to return an item for further consideration. It's really unclear that this avenue is pursued until very late in the time period of the 30 days that exists for reconsideration. Mr. and Mrs. Philbin themselves, in fact, met with the County Administrator's Office and met with me personally, and I instructed them on how to utilize that process. Whether that process was fully utilized by them is not entirely to my knowledge. But I will say that I was approached with less than one week left in the ordinance period, which, in effect, is a statute of limitations for reconsideration. Why does the Board of County Commissioners, through many years, have a reconsideration ordinance? Well, of course, it is to give the opportunity to rehear and review something if it chooses to do so, but also it's to provide a mechanism for finality. And I just mention that in passing, because the idea is, is that, if anything is considered temperate or subject to change, it also is considered not subject to change by the Board of County Commissioners under the normal application of the reconsideration ordinance, which was not utilized here. Secondly, Mr. and Mrs. Philbin and others, through attorney Mr. Gebhardt, did file a petition, a petition purportedly challenging the decision of the county, the same decision to vacate the public road rights of way at Kings Way and Foxfire. Under Florida Statute 163.3215, there was a challenge based upon them claiming that the county had violated its growth management plan in making the decision that it did. I will note that the county legal staff disagreed with the allegation, and furthermore, that the petition was filed untimely under the rules of that particular statute, which provides for a 30-day period following the action complained of, in this case by the Board of County Commissioners, and subsequent to that 30-day period would come a window upon which the petitioners could file a petition into the courts. But there is a condition precedent before you go to the courts under an allegation of violation of section 163.3215, and that is that you have to give, in a timely manner, the Board of County Commissioners an opportunity to respond. The county legal staff has responded to the petition and stated the fatal flaws in its response, and that's of record right now, and I wanted to clear that up because appearing in the agenda item itself was a request by Attorney Mr. Gebhardt to extend the response period, based upon what they had previously filed. And I wanted you, as well as the public, anyone, to know that the response has been done on behalf of legal staff, on behalf of its client, the board, and it failed for legal sufficiency at the outset, let alone the allegation that was contended. I'd like to further mention that the county does have a policy in place, and it was adopted specifically in 1996. It's per resolution number 96-134, and it's entitled, a resolution of the Board of County Commissioners adopting a Collier County citizen petition process policy. It is a policy for citizen petitions that has been in place now for about three years, and it is that vehicle under which Mr. and Mrs. Philbin, and others, I believe, have filed a petition with the county administrator for his review. Now, this rather comprehensive policy that was adopted in 1996 provides significant information for those citizens that wish to go Page 23 August 3, 1999 forward and utilize the petition process to the Board of County Commissioners. I certainly won't recite it in toto, but I will mention that it includes such things as creating road improvement districts, municipal service taxing units, benefit units, lighting districts, and petitions seeking to place a binding referendum on the ballot, as well as straw ballot items, but it must be remembered that this -- the county government is a statutory government. This county is not a charter county. It's not like municipalities, charter cities, cities with a charter, and some of which may provide for -- specifically provide for citizen initiative, binding referendum. No, under general law, Florida Statutes, there is no requirement that a county have a binding referendum. And this policy follows general law. And what it provides within the policy is that -- and I quote from page two of eight of the policy. Any proposed citizen petition, the purpose of which is to convince the Collier County Commissioners to create a district or do such other things, shall go forward and include certain requirements in the petition that is submitted for review, first by the county administrator and secondly by the county attorney. Paragraph two on the same page, page two, mentions that any proposed citizen petition shall be limited to a single subject, and it continues, stating, this requirement exists in the event the board subsequently decides to place the matter on the ballot. I want to make it perfectly clear that this citizen petition policy process is a vehicle to get matters before the board, but it's not a vehicle that forces the board to do anything in regard to referenda election and ballot questions. Now, further, it provides, after a preliminary review by the county administrator as to sufficiency of format, it provides for the county attorney to review in terms of legal sufficiency. I think it's a courtesy to the public and the interested citizens that are involved with this petition to state right now that the county attorney office, working in concert with the county administrator, has reviewed the petition that has been filed for legal sufficiency, but not waiting for 10 percent of the signatures to come in, even if Mr. Fernandez were to determine that the legal format was appropriate. And what I want to note for the record and for the public is that, the question that has been tendered as the question for review by the county -- county offices is -- the ballot title is, referendum repealing resolution 99-235, which denies public access to Kings Way and other Foxfire streets. The question itself -- and again, if you'll bear with me, I'll continue -- states -- and this is the ballot question. Shall Collier County Board Resolution 99-235 be repealed so that the public will once again have motorized, non-motorized and pedestrians access, parens, ingress/egress, parens, to Kings Way, Estey Avenue, and the rest of the streets that it mentions within the Foxfire subdivision, units one, two and three. Frankly, it's my opinion that the question itself, pursuant to the elements of review that the county attorney has and must utilize under the policy, fails for legal sufficiency. And I'd like to explain a little bit why. I don't have to explain why, but I think it's good to explain why, and that is, it should be noted that the vacation that occurred of the Kings Way roadway occurred pursuant to, again, general law. There's a county policy on it that implements the Page 24 August 3, 1999 general law, but it's section -- or chapter 177 of the Florida Statutes. The property rights as well as obligations have been transferred pursuant to that law, 177 -- and chapter 336 specifically of the Florida Statutes. The mere repeal of the resolution, which appears to be the intent of the resolution, or the ballot -- of the ballot question, would not alter or reverse the vacation of the county's and public's interest in the Kings Way roadway. In fact, to do so would potentially slander the title. And I would -- and I do opine that it would be an illegal act and I would find it inappropriate, and I would not sign for legal sufficiency a resolution repealing or rescinding the prior resolution that's adopted. That's the sum of my comments. I'm ready for any further questions, if there are any. CHAIRWOMAN MAC'KIE: Are there any questions for the attorney? COMMISSIONER NORRIS: No. CHAIRWOMAN MAC'KIE: David, I appreciate that -- your thoroughness and review, because it is as a public service, despite the fact that the members of the public we're giving this advice to are unhappy with us. My only comment would be that it's not the first time nor will it be the last that we have been asked to make a decision that, it turns out, is unpopular, when it is something that we feel is clearly in the public interest, and that being because of the additional cars that could be dumped onto that road, and it's just not built for it after the extension of Livingston. I will tell you, too, the only other comment, among many that I would like to rebut, but the only other one that I will rebut, Mr. Philbin is correct that I stated, and it is true, that those letters of support were very important to me in making my decision. It has not been proved to me that those letters were false. I knew they were form letters. I'm not stupid. I can see that they had the same words in them, but there was nothing wrong with them being form letters if they, in fact, represented the opinions of those communities. And I appreciated that that work had been done. Nevertheless, all that did was pave the way and make it smoother and easier and made me expect that this outcry would not follow. The reality is is that the safety issue is what requires the closing of that road. We cannot have that level of traffic added to a neighborhood street. It's not designed for it. It's not appropriate. We have to provide other solutions to our traffic problems. Does anybody else have something they just are dying to say? COMMISSIONER BERRY: No. I think you brought up an interesting point though when you said, looking for other ways to solve the problem, and that's exactly what this board is trying do when, I believe, last meeting, Mr. Norris, you brought up the idea of having staff pursue the possibility of another roadway, and -- COMMISSIONER NORRIS: And what I said and what I'd like to say again is, if these people would direct their energies towards helping us accomplish that -- COMMISSIONER BERRY: Right. COMMISSIONER NORRIS: -- then we could do something productive instead of just fighting with these -- these individuals. Page 25 August 3, 1999 COMMISSIONER BERRY: And then we both have an impact of traffic on a particular neighborhood. COMMISSIONER NORRIS: Exactly. CHAIRWOMAN MAC'KIE: Mr. Fernandez, you and I have briefly discussed, you can just tell -- send us a short report, about the status of those discussions with FP&L. MR. FERNANDEZ: We have had discussions with Florida Power and Light regarding the easement and the utilization of the easement to connect Radio Road and Davis Boulevard. The staff that have met with us from Florida Power and Light have heard our arguments, have heard our presentations. They have not been -- pardon me. They have not been particularly encouraging, but they did say that they would -- or attempt to secure approval from their superiors. That's the last status report I have heard on that. I don't know if we have heard any further from the superiors. CHAIRWOMAN MAC'KIE: And the point being there, that perhaps a public outcry directed in that regard could be useful. And I've been hopeful that tempers would settle and we might be able to work toward a common goal, and maybe that can still happen. Commissioner. COMMISSIONER CONSTANTINE: It's certainly not the first time that the board has done something that everybody didn't love. And from time to time, we've taken criticism over the years. But by and large, you have five pretty reasonable people here who are trying very hard to do what they think is the right thing. And just as a rule, coming in and hollering at us and telling us how bad we are isn't a great way to try to solve a problem. I do think the FP&L thing holds an opportunity. There are a couple others. I just wanted to add to that. I spent some time, actually went out to the site with Carlton Kates, president of FP&L. And so it appears we're working from both ends within there from the management up and the top down. And you know, I think we'll get a fair shake on that, and if that doesn't work, we'll play with some other alternatives. But you've got five people who are trying to do the right thing here, and, you know, we'll continue to work on it. CHAIRWOMAN MAC'KIE: If there's nothing further -- excuse me. Those are supposed to be turned to silent when you're in this room. Please, ma'am, in the future. COMMISSIONER CONSTANTINE: Can we bring back the clowns? That was -- CHAIRWOMAN MAC'KIE: That was good. Yeah, and the EMS. We were all happy. Let's take a break now and come back at 10:40 and we'll go directly to the budget items that we have given a time certain. (A recess was taken.) Item #8E1 PROPOSED FY 2000 MILLAGE RATES AND TO AMEND THE FY 2000 GENERAL FUND RESERVE POLICY - DISCUSSED LATER IN THE MEETING CHAIRWOMAN MAC'KIE: I'd like to call the meeting back to order. I'd ask you please to go back to your seats so we can call the meeting back to order. Thank you. Calling the meeting to order. And we're going to go, as we promised, to a time certain item in deference to Judge Blackwell's schedule. I'm sure he'll be here any minute. Page 26 August 3, 1999 And Mr. Fernandez, who's going to start us out on these ll(A) I, 2 and 3, and the other item that -- MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: -- with it is what? MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes. MR. FERNANDEZ: I would suggest that we begin the discussion with the presentation that Mr. Smykowski has prepared on the budget. CHAIRWOMAN MAC'KIE: That's exactly -- MR. FERNANDEZ: And that will kind of set the tone for the discussion. And then you can call upon the sheriff to present his portions under 11 before the board takes action on the budget. CHAIRWOMAN MAC'KIE: And if you would -- if you'd watch for Judge Blackwell, he may have just called a short time-out. MR. FERNANDEZ: And Judge Blackwell -- CHAIRWOMAN MAC'KIE: Yes. So Mr. Smykowski. Where are you? There he is. But if it's a brief power-point presentation -- just kidding. He does those a lot. MR. SMYKOWSKI: Good morning. For the record, Michael Smykowski CHAIRWOMAN MAC'KIE: Good morning. MR. SMYKOWSKI: -- budget director. Item 8(D) l is the adoption of the proposed fiscal year 2000 millage rates and a proposed amendment to the fiscal year 2000 general fund reserve policy. The tax rates that the board would adopt today have to be provided to the property appraiser by tomorrow, August 4th. He uses those in preparing the notice of proposed taxes, which must be mailed by August 24th under the trim law to each property owner within the county. In the September public hearings, the board could maintain or lower the millage rates in each taxing unit at the level of the proposed millage rates. They can't be raised subsequent to this adoption without meeting additional public notice and advertising requirements. COMMISSIONER CONSTANTINE: Take the stairs today, did you? MR. SMYKOWSKI: I did, at warp speed. The old engine ain't what she used to be. COMMISSIONER CARTER: And he's so young to say that. MR. SMYKOWSKI: The proposed general fund millage rate is a proposed tax decrease of $4.52 per $100,000 of taxable value when compared to the FY '99 adopted level. Within the unincorporated area, the proposed millage is $6.84 per 100,000 less than the adopted FY '99 rate. And in aggregate, which factors in all the special taxing districts that the board administers, there's a decrease of $7.48 per 100,000 of taxable value. The public hearings on the budget are already scheduled for September 7th and September 22nd. During the June workshops, the board also discussed a proposed change to the general fund reserve policy. The current reserve budget are based on five percent contingency reserve with a cash flow reserve of $1.5 million. Staff did an analysis of the use of general fund reserves over the last five years. And as a function of the expenditure base, which is primarily the constitutional officer budgets as well as the county administrator's budget in the general fund, on average we have used just shy of one and a half percent of that total; therefore, staff was Page 27 August 3, 1999 recommending reducing the general fund contingency to one and a half percent and increase -- correspondingly increasing the cash flow reserve by a like amount, by that three and a half percent margin. Page three of the executive summary identifies the impact of the proposed reserve policy revision, and it's just slightly above $3.8 million that would be shifted from the reserve for contingency to the cash flow reserve. CHAIRWOMAN MAC'KIE: Thank you. MR. SMYKOWSKI: You're welcome. MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes. MR. FERNANDEZ: If I could just add one word about that reserve policy issue. Keep in mind this is the board's policy. You have the discretion to set that policy wherever you'd like. I have remarked in the past that I think it's a great advantage that this county had a tradition of establishing that policy at the beginning of the budget process, and it's been a great help to me in formulating the budget recommendations that come to you, but it's your policy. It's not driven by state law. The only requirement is that your reserve for contingency cannot exceed 10 percent in any given fund. But within that, the board can establish its own policy with respect to these matters. Item #11A3 RECOMMENDATION THAT THE BOARD RESTORE THE REDUCTIONS MADE IN THE COLLIER COUNTY SHERIFF'S OFFICE BUDGET REQUEST FOR FY 1999-1000 - DENIED CHAIRWOMAN MAC'KIE: And if I could at this point, I see Judge Blackwell is here, so I'm going to pause the discussion about the reserve issue. And in deference to his schedule, ask Judge Blackwell if you have comments to make to us about the sheriff's budget issues generally, if you'd come forward, we'd appreciate it. Have you got a jury sitting over there waiting for you to come back? JUDGE BLACKWELL: No, it's not that easy. Good morning, everyone, and thank you very much for this dispensation to come over and speak to you briefly. I don't know that I have a lot to add to what you've already received in the way of information. As you know, we're building out the courthouse, or you are. You've appropriated the funds to do that. We're going to have several new courtrooms on the fourth floor. And part of that arrangement was to house the entire Public Defender's Office also on the fourth floor. Now, the impact of that in terms of what the sheriff is doing and asking you for, so far as I'm able to determine, is simply this, the presence of the public defender on the fourth floor will create a gross increase in the traffic in humans that will access the fourth floor. We'll not only have the courtrooms and the activities there, but there will be a high traffic level into the Public Defender's Office. And given the nature of their clientele, we would anticipate that there might be some need for increased security level in that area. I understand the sheriff's asking for funding for three additional officers for the courthouse bailiff staff. And based on Page 28 August 3, 1999 what I know about courts and about traffic into lawyers' offices, particularly a lawyer's office like the public defender with the large number of attorneys that they have in that office, I think the sheriff's request for three additional bodies up there to add to the security level or to maintain the present security level is a reasonable request. And I'd like to go on record as supporting his request in that area if I can. CHAIRWOMAN MAC'KIE: Thank you, Judge. JUDGE BLACKWELL: If I can answer any questions, I'll be happy to try. CHAIRWOMAN MAC'KIE: Questions for the judge, board members? COMMISSIONER NORRIS: No, it's straightforward. CHAIRWOMAN MAC'KIE: I appreciate the information. You're making it real practical information for us about the repercussions, so thank you. JUDGE BLACKWELL: All right, thank you. Have a good day. CHAIRMAN MAC'KIE: You too. I guess the best way to approach these budget items would be to -- well, we could either address the millage question first or we can address the reserve question first. The millage question will bring up the sheriff's two additional requests, so it seems to me that's how they break down. Either we'll talk about -- we'll talk about reserves first. Any objection to that? They're tied, certainly. COMMISSIONER NORRIS: They're laid in order. CHAIRWOMAi~ MAC'KIE: Okay. COMMISSIONER NORRIS: Just do them as they are. CHAIRWOMAN MAC'KIE: Why don't we take the reserves question? MR. FERNANDEZ: Madam Chairwoman, at this time, would you like to hear the petition from the sheriff -- CHAIRWOMAN MAC'KIE: Yes. MR. FERNANDEZ: -- regarding the change -- CHAIRWOMAN MAC'KIE: Yes. MR. FERNANDEZ: -- to what we are recommending? MS. KINZEL: Commissioners. Thank you. For the record, Crystal Kinzel, finance director for the sheriff's office. On the reserve item, we just had several questions to maybe clear up some understanding of the purpose of each of those reserve accounts. The cash flow reserve versus the contingency reserve and who would have access to each of those reserves. CHAIRWOMAN MAC,KIE: Mr. Weigel, that sounds like a question for you. I'm sorry. I know you were trying to help us otherwise. But the question is, who has access? Now the -- if we establish two separate reserve accounts, who has access to the two accounts? MR. WEIGEL: Well, I look at the -- I look at the statutes specifically and stringently, and the denomination or the name of the account under 30.49, the sheriff's statutes concerning that, is a contingent reserve fund, I believe it is. I don't have it in front of me right at this moment. And so it seems to me that the board, the county, can -- could conceivably distinguish that, that fund, which is specifically addressed under the sheriff's statute from the other fund, and the purposes purportedly are different. CHAIRWOMAN MAC'KIE: I have a question related to that that I just want to go ahead and get right out on the table, and that is, it seems to me that what we're proposing here are two funds, one will be the kind that we have agreed now the sheriff has unencumbered access Page 29 August 3, 1999 to by virtue of request that goes on the consent agenda, and that is which account? MR. FERNANDEZ: Reserve for contingency in current budget year. Keep in mind, that agreement only applies to the current budget year. CHAIRWOMAN MAC'KIE: So the policy -- MR. FERNANDEZ: However, it raises the question that if the board changes considerably from that policy, the same issues will be raised again next year potentially by the sheriff. CHAIRWOMAN MAC'KIE: Okay. I thought we had established that as a policy that we weren't going to have to readdress each year. COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: everybody agrees? COMMISSIONER BERRY: COMMISSIONER CARTER: you're -- That was an agreement, one year. It's one year at a time. That's what One year at a time. Well, that's the way I understood it, but COMMISSIONER CONSTANTINE: I think the -- my recollection of the discussion is the way the item is written addresses one year, but that the sheriff stood at that podium and said, can I safely assume that this is where we're headed, and the board said, well, yeah. And so I don't know what the document that we passed -- if that may only deal with this year, but I think we made some sort of commitment there. I think there was a comfort level that, okay, we're dealing with an overall issue here. CHAIRWOMAN MAC'KIE: It was certainly my understanding that we were establishing a policy that, if we wanted to change it or future boards want to change it, we certainly can't bind them. COMMISSIONER BERRY: Right. CHAIRWOMAN MAC'KIE: But that we had indicated our agreement with the policy that, as to reserves for contingency, the policy for the sheriff's acquisition of those monies would be consent agenda request more or less to let us know that he has tapped those funds, not that he has to get our permission. Are we changing that policy? COMMISSIONER BERRY: I don't think so. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER BERRY: I don't think that's the issue. CHAIRWOMAN MAC'KIE: No, I don't think it is either, but the question now -- I just wanted to be sure that that was clear, that that remains the policy of the board. MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN M3tC'KIE: Yes. MR. FERNANDEZ: The recommendation that the reserve for the contingency amount be set at 1.5 percent was based upon an assumption that the policy would be continued. CHAIRWOMAN MAC'KIE: Okay. That's what I thought. So that's settled. Now, let me ask another question, and that is, with regard to the cash flow reserves, it's been brought to my attention, I think the reference was 191, chapter 191, Mr. Weigel, that says something about, that that cash flow reserve can only be used -- you know, guys, we have that gap in time between collection and spending? COMMISSIONER CARTER: Right. CHAIRWOMAN MAC'KIE: And that the cash flow reserve was for that limited purpose; therefore, should we, God forbid, have a catastrophe, we would not be able to use those monies -- sorry -- unless the catastrophe occurred during those three months, that we would be Page 30 August 3, 1999 losing access to those funds, that that cash flow contingency fund was for the gap only. Do you know that? MR. FERNANDEZ: Madam Chairwoman, my understanding is that if the gap funding requirements continue to be met, there's no restriction against putting additional funds in that category. In other words, if we continued to reserve the 90 days' cash flow amount of funds in that fund during that period of the 90 days, the additional funds in that fund would not be restricted. CHAIRWOMAN MAC'KIE: And I guess I'm going to ask Mr. Weigel to look at that for a legal opinion, because it's a lawyer who brought that to my attention. Is that -- have you been asked that question already, Mr. Weigel? Are you prepared on that question, or -- MR. WEIGEL: Well, I haven't been asked that question specifically, but that's what I was alluding to with my prior response is that this is a different category under the county budget, and it appears, you know, both statutorily and by county staff design is that it has a different use, a different implementation. And your question previously had to do with, is this different and does the county -- does the sheriff have the ability to access that like he does the reserve for contingencies. CHAIRWOMAN MAC'KIE: I have the answer to that question. MR. WEIGEL: And it appears the answer is no. CHAIRWOMAN MAC'KIE: The answer to that question is, he does not. But the question I have now is of, frankly, greater concern to me, and that is, if we have an emergency in this county and need to have contingency reserves, if we have a hurricane and we need emergency money, can we spend cash flow reserves for that purpose, or does 191 prohibit that? MR. WEIGEL: Okay. I'd like to look at that, but I tend to think that, no, you're not. The overall powers that the county commissioners have for health, safety and welfare would allow them to probably access that with the right predicate in place in the board meeting or under our emergency ordinance, the appropriate Chairwoman, Vice Chairman, or whomever, if there's a failure to get a quorum in the case of catastrophe, to do what has to be done. CHAIRWOMAN MAC'KIE: Since that, for me, is a critical question, would you be looking at that -- MR. WEIGEL: I can look at that. CHAIRWOMAN MAC'KIE: -- to confirm your opinion, because I think it's going to continue to come up. MR. WEIGEL: I'll be right back. CHAIRWOMAN MAC'KIE: So Crystal, did that answer your question? MS. KINZEL: Okay. Well, that answered one. Then -- so we're saying that the cash flow, he's going to check on what that can be used for? Because that's a concern of ours also. If the hurricane happens later in the year and we've limited one reserve that we have access, and we couldn't have access to another reserve, that does put a damper on the dollar amount in what we're able to do. COMMISSIONER CONSTANTINE: That's a fair question. MS. KINZEL: Okay. And could I just ask how it is different, the reserves that were established previously? Because our concern is that in February, and even through the workshops and through the appeal process, when we talked about the five percent budget policy, that yes, that was a policy of the board. But could I ask, why the Page 31 August 3, 1999 difference? Now we're splitting that five percent into the two pots? Is there a reason for that? CHAIRWOMAN MAC'KIE: Mr. Fernandez. MR. FERNANDEZ: Madam Chairwoman, the reason is to set the reserve for contingency in the general fund at the historic level, which we indicated from our analysis is about 1.5 percent. Also we reported to the board during the budget process that we identified a trend in our expenditures that indicate that fund balance was being spent down. Increasing the amount that is transferred from the reserve for contingency to the reserve for cash flow would have the effect of counteracting that trend and building back fund balance. CHAIRWOMAN MAC'KIE: So the -- my understanding of the answer is, historically of the reserve, contingency reserve, about one and a half percent is what has been spent, so why set a higher reserve amount than what we've actually needed. MR. FERNANDEZ: Right, right. CHAIRWOMAN MAC'KIE: And I guess that brings me to the question of our bond rating. Do we have a concern -- apparently in our bond rating, in the process, the underwriters are quite impressed with the fact that we have such a significant reserve. Have you addressed that question? MR. FERNANDEZ: My understanding is that our position is enhanced with the bond rating agencies because of the fact that -- my previous statement. We have taken measures to reverse a trend of reducing fund balance. This would increase our fund balance. MS. KINZEL: And just one other question on the reserves. Can the cash flow be used in the same way then as those other reserves, or are we still waiting on that answer? MR. FERNANDEZ: That's the other question that she asked previously that Mr. Weigel's going to be researching. MS. KINZEL: Okay. MR. FERNANDEZ: It's our understanding that we do have access to that money if, in fact, we have a catastrophic event. MS. KINZEL: And would the sheriff have that same access then? MR. FERNANDEZ: Madam Chairman? CHAIRWOMAN MAC'KIE: Yes. MR. FERNANDEZ: If I may respond to that one. That question was posed to me last week when we met, and I may have stepped out of line in speaking on behalf of the board. But I responded that if we had a catastrophe in this county and the sheriff incurred costs as a result of that catastrophe, the Board of County Commissioners would be receptive to making amendments to the budget to meet whatever needs are incurred by the sheriff in addressing that catastrophe. And I would think that would -- CHAIRWOMAN MAC'KIE: Surely that's a reasonable statement. MR. FERNANDEZ: -- only be reasonable. We all will be facing that situation together, and we will use all resources of this organization to address that. And the limits of funds and types, I think, will be waived in order for us to address what the need is. CHAIRWOMAN MAC'KIE: The question for me is whether or not those funds are available for emergency use beyond those three months, because if they are, then the sheriff's emergency contingency hurricane needs will be addressed just like everybody else's. MR. FERNANDEZ: Right. CHAIRWOMAN MAC'KIE: But this amount in the cash flow reserve would not be an amount that the sheriff, in looking at the cash flow Page 32 August 3, 1999 needs of his agency, could tap without approval, without a budget amendment -- MR. FERNANDEZ: Right. CHAIRWOMAN MAC'KIE: -- approval. MS. KINZEL: So it would be a little bit different than what we had settled on in the agreement for the appeal process, which was that we would notify -- CHAIRWOMAN MAC'KIE: No. MS. KINZEL: -- you or inform you of the use of that fund? CHAIRWOMAN MAC'KIE: No. In fact, there would be -- there would be two piles of money. MS. KINZEL: Right. CHAIRWOMAN MAC'KIE: The agreement -- the policy that we set about consent agenda and your ability to access that money, Sheriff, without our approval but with only notification, would apply to the one and a half percent. But as to the three and a half cash flow reserves, that amount would require an actual budget amendment process. The question is -- for me the question is, do you -- COMMISSIONER CONSTANTINE: The 90-day window. CHAIRWOMAN MAC'KIE: -- is too, the 90-day window, the bond rating, and three, do you have a reason to believe that one and a half percent of your budget is not enough for reserves for you to be able to tap into by mere consent agenda notification? MS. KINZEL: I guess it goes back to the appeal issue that we discussed previously, in that we haven't tapped the reserves up to this point. CHAIRWOMAN MAC'KIE: Right. MS. KINZEL: So we can't say that we're unhappy with that amount, but we do need to have access to those funds, and -- CHAIRWOMAN MAC'KIE: And the question is, is the amount that you now clearly have access to, one and a half percent of your budget, is that -- do you have a case to make that that's not enough? MS. KINZEL: I think that would depend on the answer to the other questions about the remaining balance and what's our access to that in the case of an emergency, because for example -- CHAIRWOMAN MAC'KIE: Okay, okay. MS. KINZEL: -- at the last weekend of the last fiscal year when we were hit with a very, very minor storm, luckily, we still incurred costs of over $400,000 at the sheriff's office for that period of time with evacuations and other issues. So if we really do have a storm, our concern is how much is available in total for the county and for what purposes. If we segregate those two costs, the first question is the first 90 days. But also, if we segregate those pots of money and the sheriff's office has to come back for an amendment based on an emergency and those reserves have been accessed for other types of expenditures all year, yes, we're a little concerned as who has -- what purpose those other cash flow funds could be drawn down for in the case of a hurricane. CHAIRWOMAN MAC'KIE: And at that point, and -- you know, respectfully, but at that point you have to have some confidence in this board's ability to be sure that its reserves never sink below a level that would be sufficient in the event of a major storm. COMMISSIONER CONSTANTINE: No. We're not decreasing the overall number at all. That's the -- Page 33 August 3, 1999 CHAIRWOMAN MAC'KIE: No. And historically, those reserves have been there and been there and been there. There's no reason to think that this board would do anything to compromise that concern. COMMISSIONER CONSTANTINE: I can't imagine, literally cannot imagine a situation if we have an emergency like a hurricane that we're not going to fund the emergency procedures. That's -- priority number one is making sure that public health, safety and welfare on those -- and I just -- I can't even fathom a situation where we wouldn't do that. CHAIRWOMAN MAC'KIE: But I think, Crystal, the last point that she made was that she's, perhaps, afraid that we might have already spent the money on something else because we can do budget amendments through the year to access that money. COMMISSIONER CONSTANTINE: And I think the important point of that is, we're not decreasing the amount that we're doing. They're splitting funds there for bond purposes and otherwise, but the amount of money we're setting aside, the percent of money we're setting aside, overall big picture is still the same -- CHAIRWOMAN MAC'KIE: Right. COMMISSIONER CONSTANTINE: -- for that. So I don't think that needs to be a worry. My only worry is that 90 days. As long as we can still use it outside that 90-day window, that's fine. And if we can't, then that's a genuine concern. COMMISSIONER CARTER: Well, Commissioner, I have a great concern about that window, and that's a cash flow reserve, and the purpose for which it's set up. And if I'm in the financial institution for a flat year, five years, I see that you have one and a half percent set up in your cash flow reserves and you've got five percent sitting over here in your contingency reserves, and you suddenly flip-flop this process, that would raise questions in my mind in the access part of this. And so I have concerns about that. Although it doesn't change the total numbers, I'm concerned about what does it look like and where does it take us. CHAIRWOMAN MAC'KIE: Commissioner Constantine. COMMISSIONER CONSTANTINE: Mr. Fernandez, you said you'd been told that that would actually enhance our bond rating in that situation. MR. FERNANDEZ: It's my understanding it would, yes. COMMISSIONER CONSTANTINE: Who shared that information with us? Is that our bond counsel that said that? MR. FERNANDEZ: We met recently with -- CHAIRWOMAN MAC'KIE: Moody's. MR. FERNANDEZ: -- Moody's, the representative of Moody's, which is the bond -- a bond rating agency, and they did remark on the trend that they indicated. They recognize beginnings of a trend to reduce fund balance because we are spending it down. And I concluded from that that measures that we would take that would have the effect of building back that fund balance would be regarded as positive by them. CHAIRWOMAN MAC'KIE: Okay. MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes. MR. FERNANDEZ: I would always offer that the intent of this recommendation is that the additional, the surplus, if you will, funding in the reserve for cash flow would be available for expenditure as the need arises beyond that amount, in other words, beyond the 90-day needs. Because we have, with this proposal, more in Page 34 August 3, 1999 there than would be required by the 90-day needs. And whether it be the sheriff or any other need that arises from the county, we would have access to those funds. Of course, Mr. Weigel may need to confirm that and feel comfortable with his preliminary opinion on that, but it was our intent all along that if the sheriff needed that funding from that source, he would have the opportunity to come before this board, request it, the board could deliberate on it and pass judgment on whether or not to grant those funds. The only difference is, this is not the unfettered access -- CHAIRWOMAN MAC'KIE: Sure. MR. FERNANDEZ: -- portion that the board had agreed to earlier. That's the only ~- COMMISSIONER CONSTANTINE: The sheriff still would have the opportunity to come and access that money. I just wanted -- MR. FERNANDEZ: Right. COMMISSIONER CONSTANTINE: You were talking to Crystal, Don. I wanted to make sure you heard that part of it. MR. FERNANDEZ: That's what the intent was of this recommendation. CHAIRWOMAN MAC'KIE: Sheriff Hunter, you have something to say. SHERIFF HUNTER: Good morning. CHAIRWOMAN MAC'KIE: Good morning. SHERIFF HUNTER: Don Hunter, sheriff for Collier County, for the record. I do have a concern, a couple. A couple of comments, a couple of questions, perhaps, and a concern. Clearly, I appreciate the board's action before adopting the position that you had taken pertaining to the contingency reserve and the access that the sheriff was being granted, or acknowledgement of the law pertaining to the access for contingency reserve. I'm somewhat concerned that staff is suggesting to the board that we go in a different direction on contingency reserves as budgeted -- as a proportion of your budget in an effort to, in my mind, get beyond this agreement that was met relative to the statute, because we do have a couple of things on the horizon that we can't predict. For instance, Y2K. We know that conversions of computer systems, although that's something of an area that I don't have a great deal of expertise in, I've heard a couple of presentations from the Division of Emergency Management at the state, from the Florida Department of Law Enforcement, and from other government bodies that have cautioned sheriffs that we are on the cusp of some very serious problems that may occur in the last couple of weeks of the, 1999 and the first week to 10 days of the year 2000 pertaining to the embedded chip problem and the conversion problems relative to computers. And we're talking about -- and I don't want to make a Y2K presentation this morning, but everything from traffic lights to cell doors to bank runs, et cetera, et cetera, et cetera, which are all going to be -- COMMISSIONER CONSTANTINE: I was going to jokingly ask about cell doors. Now I'm getting scared. CHAIRWOMAN MAC'KIE: Yeah, but your staff has been here, told us that you're testing and everything is going to be compliant and we aren't going to have Y2K issues. I mean, I guess -- SHERIFF HUNTER: We hope. But we're not sure about the embedded chip problem. The Y2K issues extend beyond the computer system. Page 35 August 3, 1999 My point in making reference to the runs on banks, banking services where it has been recommended -- I've heard one recommendation that all members of the public should have at least $500 cash available at some point just in the waning days of 1999, into the first part of the year 2000. If that happens and everyone waits to get the maximum benefit of their interest on their bank accounts and they wait until the last couple of days in 1999 or the first day of the year 2000, then I think what we will see is -- we almost have, I believe, more bank branches than we do golf courses, and that's hard to believe but -- CHAIRWOMAN MAC'KIE: It's close. SHERIFF HUNTER: For us to be called upon as a law enforcement agency to maintain crowd control at every branch, banking institution, grocery store in Collier County will be a severe drain on resources, if it's even possible. I don't believe it's possible. So we're working with some of the banking groups to see what we can do about consolidating the locations where people will get funding so that we can maintain some status -- some visibility there. That's just one issue. Then the hurricanes, which are being used as the focal point of an emergency in Collier County, that's certainly a concern. Woods fires, tornadoes, downed commercial aircraft, which is one of the scenarios we've just trained on at the airport just months ago. All of those are viable emergency situations that we know we -- we have seen other agencies have to deal with or try to deal with. Columbine shooting was a major incident that lasted more than just the few hours that we saw on television. There was an extensive crime scene for several weeks that had to be managed by law enforcement at the federal, state and local level. All of those things, although we don't wish it on Collier County, are potentials that we know exist out there and can happen here, just as they can happen elsewhere. In addition to that, we have other things that can't be planned. You are familiar with our attrition issue. You are familiar with the issues pertaining to other corporate groups. And you, yourself, are having difficulties finding qualified people to serve in government positions. We don't predict those things. The market changes, demand changes. We would like to be able to remain in competitive positions so that we are able to attract people. We will need to have -- with all of those examples given, what I'm trying to paint is the picture that we have to have some ability to get to monies that we do not know now we have to spend in order to conduct the business of the Collier County Sheriff's office. CHAIRWOMAN MAC'KIE: And I guess the question is -- SHERIFF HUNTER: And I believe that's what the statute speaks to. CHAIRWOMAN MAC'KIE: The question then is, is one and a half percent of your budget sufficient for those non-hurricane type emergencies? Because in a hurricane situation, we're obviously all going to be down here dividing up the reserves to spend them in the best interest of the citizens. SHERIFF HUNTER: Well, by definition -- since we're talking about a contingency for reserve for emergencies, I'm unable to predict what we are going to need unfortunately. And we're relying upon past experience of the county in order to determine what might be expended. But I think one and a half million, if that's what the experience has Page 36 August 3, 1999 been, in a Y2K year where we know we have a significant issue looming, might be short-sighted. That's just one example. We have also had some significant other issues like E1 Nino where we had excess rain. Now we're in the reverse where we have very little, and we can expect the woods fires. We already had that demonstrated last year right at the end of -- right at the end of summer in the northern parts of our state, in the first parts of winter. I'm just -- I have those concerns, and I don't believe that my personal opinion and professional opinion would be that one and a half million -- if one and a half percent is the experience of the county over the last several years, there have been several things that have intervened as valuables now that are not taken into consideration in that trend analysis that was conducted by staff that we may need to consider as a county. I think you -- my opinion would be that we would want to increase the reserve for contingency. That money is available for emergency expenditure so that we can cover the Y2K probable woods fires, and as we grow as a county and experience additional jet traffic and larger commuter traffic, that we would plan for that as well, the other emergencies. CHAIRWOMAN MAC'KIE: Thank you, Sheriff. Commissioner Norris, then Berry, then Constantine. COMMISSIONER NORRIS: Sheriff, as I understand it though, what the staff is proposing here is that there will be the same five percent in a reserve account, actually, I should say, in two reserve accounts. One and a half in one reserve account, three and a half in the other for a total of five. So it's the same amount, it's just held in a separate account for some of the reasons that Mr. Fernandez listed earlier. So I really don't -- I really don't understand the level of concern that you seem to have, because the money's going to be there. SHERIFF HUNTER: Well, my only concern, again, would be back relative to the breaks that the board takes from time to time. As long as -- as long as the legal staff is able to give us reassurance that the emergency funds truly are available in the emergency, then I suppose we would not have -- we would not be asserting a major objection. COMMISSIONER NORRIS: Okay. Well, I think -- CHAIRWOMAN MAC'KIE: We'll get there. COMMISSIONER NORRIS: -- I think I saw Mr. Fernandez acknowledge in the affirmative on that and -- CHAIRWOMAN MAC'KIE: And if anybody's got a copy of 191, I'd like to look at it too. MR. FERNANDEZ: Madam Chairwoman, it's not 91 -- CHAIRWOMAN MAC'KIE: 191. MR. FERNANDEZ: -- 191. It's 129, which is the budget statute. CHAIRWOMAN MAC'KIE: Okay. MR. FERNANDEZ: I'd like to cite chapter 30, which really is a reference that conforms to the statement that I made earlier about if a catastrophe comes, we will use whatever resources that we have within the county to meet the needs that are presented. Subsection 10 of chapter -- I'm sorry. Section 10 of chapter 30.49, budgets, it says, if in the judgment of the sheriff an emergency should arise by reason of which the sheriff would be unable to perform his or her duties without the expenditure of larger amounts Page 37 August 3, 1999 than those provided in the budget, he or she may apply to the Board of County Commissioners for the appropriation of additional amounts. If the Board of County Commissioners approves the sheriff's request, no further action is required of either party. COMMISSIONER NORRIS: So that seems to indicate that even over and above whatever we set aside -- MR. FERNANDEZ: Yes. COMMISSIONER NORRIS: -- he could ask for additional if that -- if an emergency may be necessary. MR. FERNANDEZ: If an emergency exists. CHAIRWOMAN MAC'KIE: And that's a separate question from the 90-day question? MR. FERNANDEZ: Oh, yes. CHAIRWOMAN MAC'KIE: The 90-day question -- MR. FERNANDEZ: It's there in 129. CHAIRWOMAN MAC'KIE: -- is here, and I'm looking at that. MR. FERNANDEZ: The limit there is 20 percent. CHAIRWOMAN MAC'KIE: Right, but that's not the -- still not the issue, and I'm going to wait for Mr. Weigel, because I want to ask him a question. It looks to me like in 129 it says, a cash -- a reserve for cash balance may be provided for the purpose of paying expenses from October 1 of the ensuing fiscal year until the time when the revenues for that year are expected to be available. So the statute says that the cash reserves -- I'm sorry -- that the cash balance reserves are for that gap purpose. MR. WEIGEL: Yes. CHAIRWOMAN MAC'KIE: And it goes on. Does it help us in (e) that it says, if there's a surplus you can carry it over to another fund? MR. WEIGEL: Well, I was looking at that, and I thought it also seemed to intimate regarding the change of fiscal year, one fiscal year to the next. And it does give -- clearly gives that flexibility, but I don't think it goes so far as to say that during a fiscal year you can do that. CHAIRWOMAN MAC'KIE: That's a problem. MR. WEIGEL: Well, I'm not saying that it can't be done, but it's not specifically stated there. It seems to me that when you look at the -- use that phrase, we attorneys, in pera materia, you try to make all the statutes work together. The statute -- the subsections of section 30.49, which is the sheriff's budget statute, talks about the sheriff having the specific authority, the ability to come to the Board of County Commissioners for money. So it seems to me that we're not handcuffed to have to be money necessarily out of that cash reserve fund either. Could be some other source. CHAIRWOMAN MAC'KIE: And David, I'm not as concerned about that. Okay. So there's -- good. So the sheriff has an option of where to go if there's a hurricane, but do we? Where's our -- where's our ability to tap into the cash flow reserves in the event of a real emergency? I don't see it. MR. WEIGEL: I think -- well, you don't see it right there, but I think under 125.01, the general powers and duties of the Board of County Commissioners, that you have full general ability, unless denied by statute, to do what you have to do for the public health, safety and welfare. Page 38 August 3, 1999 COMMISSIONER CONSTANTINE: Up to and including -- I mean, if you had a hurricane and we ran out of money, theoretically -- CHAIRWOMAN MAC'KIE: You could borrow money. COMMISSIONER CONSTANTINE: -- you could either borrow money or you could have special assessment type things, and then -- MR. WEIGEL: That's right. COMMISSIONER CONSTANTINE: -- there's no limitation there as long as it's for health, safety and welfare. MR. WEIGEL: You have the whole plethora of possibilities. MR. FERNANDEZ: Madam Chairwoman, the Board of County Commissioners has access to its budget, and you have different processes available to you to get access to different portions of it. The distinction is, the reserve for contingency is a reserve that you set aside expressly for the purpose of unanticipated expenditures, but you can cover unanticipated expenditures in other ways in your budget. COMMISSIONER NORRIS: That's the flexibility I think you're looking for, Madam Chairman. CHAIRWOMAN MAC'KIE: I'm looking for it, I'm just afraid -- I mean, when you get down to it, it's the clerk who's going to say if he's going to cut the checks or not, and we all know he's quite the stickler for the details of the statute. And you know, I would like to -- COMMISSIONER CONSTANTINE: Can we continue -- maybe -- CHAIRWOMAN MAC'KIE: I'm concerned. COMMISSIONER CONSTANTINE: -- just as part of this discussion, Mr. Weigel, can you continue to piece together those different pieces? When you make a general reference to 125, can you, either yourself or have someone on your staff, as this discussion goes on -- MR. WEIGEL: Yes. COMMISSIONER CONSTANTINE: -- pull that out, because I think maybe that gives us some level of comfort, and we can actually have those and see that in front of us. It probably makes that a little easier to grasp. COMMISSIONER NORRIS: Let me ask Mr. Smykowski a question. In the experience of the county, have we typically -- after the 90-day period where we need the cash flow reserves, have we typically transferred those other funds in the past? MR. SMYKOWSKI: No. COMMISSIONER NORRIS: No? Just leave them sit and roll them till the next year? MR. SMYKOWSKI: That's correct. CHAIRWOMAN MAC'KIE: We generally spend what percentage of -- when we were doing one and a half, is that what we had in there for cash flow reserves? What have we historically had for cash flow reserves? COMMISSIONER CARTER: One and a half. MR. SMYKOWSKI: A million and a half dollars. CHAIRWOMAN MAC'KIE: Okay. And how much of that have we usually spent? MR. SMYKOWSKI: We have not physically drawn on it ever. CHAIRWOMAN MAC'KIE: Ever? MR. SMYKOWSKI: Yes. What the reserve for cash flow does, it helps ensure that you have carry-forward on the revenue side in the subsequent year to meet those bills during that interim 90-day period. COMMISSIONER CARTER: I think a part of this, too -- I would also like the clerk's interpretation of this, because he cuts the checks. Page 39 August 3, 1999 CHAIRWOMAN MAC'KIE: That's right. COMMISSIONER CARTER: And if he's not comfortable with this and we get into a bind, I think we're buying trouble. COMMISSIONER CONSTANTINE: What I heard the sheriff say earlier -- and this goes hand in hand with what Mr. Carter said, but if he has access to this in the case of any of those emergencies, great, but we want to make sure that's the case, because we don't want to find out partway through that, gee, there's some limitation there. And I think -- the only exception being when you talked about pay plan adjustment as part of those emergencies, that's probably not something that on Wednesday you decide, okay, I've got to have this today. That's something that you may be able to wait two weeks before you get to the board -- SHERIFF HUNTER: Not necessarily. COMMISSIONER CONSTANTINE: -- even if it's an updated thing. But virtually everything else you described, whether it's, heaven forbid, a high school type scenario like you mentioned or a hurricane or anything else, you're going to see an emergency drawing together of this board anyway. If for some reason that you mentioned or Mr. Fernandez mentioned on a summer break, if for some reason you can't track down three members of the board, the chair has the authority in that case to -- or in the absence of the chair, the vice-chair and so on, to actually grant those. So I think if we can get access outside those 90 days and making sure the same amount of money is actually set aside, we can make sure that money is always available because there is no higher priority than your services in those emergencies. I just want to make sure those two ifs are real. And if they are, great. I think that solves everybody's problem. If they're not or if we can't get a definitive answer, then I'm a little concerned, so. CHAIRWOMAN MAC'KIE: Would it be useful at this point, Sheriff, if we went on and discussed the other two budget items that you have, and then we'll try to resolve that 90-day question and the remaining questions you may have, or do you have other points on the reserve? SHERIFF HUNTER: I have one statement for the record on the reserve, and then certainly I will move to the other. CHAIRWOMAN MAC'KIE: Please. SHERIFF HUNTER: First of all, I regret and I am sorry -- I guess I apologize to the board for causing so much staff activity in terms of now completely reworking the board's policy on contingency reserves. I think it is a matter of record. We've already spent now 20 or 30 minutes here. You're directing legal staff to go back and find other unique ways of preventing the sheriff from getting to the reserve for contingency, and I regret that that's happening. I think we've demonstrated over the years that we have never at any time gone into the contingency reserve. You have no reason to distrust the sheriff's office that we will suddenly go berserk and spend monies out of contingency reserve that we've never done before. It's clear by Mr. Smykowski's comments that only the Board of County Commissioners have spent from the contingency reserves and on, I'm sure, an as-needed basis. I'm not responsible for reviewing that nor would I ever suggest that you have done so in an irresponsible way. It's just a matter of record that the board is spending from those reserves. Page 40 August 3, 1999 When I made the point that we needed access to the reserves previously, as you know, it was because we had been faced with trying to provide a constitutional duty to the City of Marco Island but having no funds to do it because we hadn't taken action as a county to tax the City of Marco for that purpose, and I needed access to the reserves for purposes of continuing the patrols inasmuch as Marco seemed reluctant to fund patrols. So I was stuck in the middle of a dilemma and had no ability to perform my duties, my constitutional duties which put me in a position, unhappily, of perhaps being removed from office by the governor if I failed to perform my duties. I certainly didn't want that to happen. There are things that will occur in this county that I can't predict. I don't control the Board of County Commissioners, I don't control the city council, I don't control acts of God. And I am sad to see that we're putting so much effort into this process of trying to keep us from contingency reserve when, as I said before, as a matter of record, we have never spent monies from contingency reserve, and I -- by its very definition, I'm not predicting that I'm going to spend any today. I just would like to see that the board would keep the contingency reserve at a level that would provide me access, immediate access, as you say, unfettered access as the law states, and that we would not change, because of me, the long-standing policy. CHAIRWOMAN MAC'KIE: I personally -- SHERIFF HUNTER: And that's all I need to say, and it doesn't really require -- CHAIRWOMAN MAC'KIE: Well, I have to say that I don't know what's broken here that we're fixing. I don't understand why we need to change. If there's a fiscal reason for it and that had something to do with that trend that -- on fund balance, if that's the reason for this, then there's a fiscal reason for it. If it all has to do with this bologna about whether or not you have unfettered access, then I'm not interested in participating because I have no concern about whether or not you're going to access funds inappropriately. How absurd. You're the guy who arrests people who access funds inappropriately. SHERIFF HUNTER: Well, we hope that that isn't occurring. CHAIRWOMAN MAC'KIE: So -- SHERIFF HUNTER: The other two points. CHAIRWOMAN MAC'KIE: Yes. On the other two -- go right ahead on the other two points. SHERIFF HUNTER: If I may. MS. KINZEL: Did you want to talk to -- CHAIRWOMAN MAC'KIE: Oh, I didn't see Dwight come in. Thank you. Dwight, why don't you tell us what your interpretation is of this cash flow reserve since you've got to write the checks. MR. BROCK: Okay. I was watching on TV. And as I understood the question, the question was, could you spend the money in the cash flow reserve for purposes other than to carry you over that 90 days? CHAIRWOMAN MAC'KIE: Yes. MR. BROCK: Okay. Without a budget amendment, my answer to that is no. But as Mr. Weigel said, you have the power under the budget process to amend that budget at any point in time, and you could, in fact, amend that line item to transfer funds from that reserve to any other budget appropriation expenditure line item and spend it. Page 41 August 3, 1999 COMMISSIONER CONSTANTINE: So the answer is yes, it would require a budget amendment, but it can be done? MR. BROCK: That's correct. COMMISSIONER NORRIS: Could you identify yourself, please? MR. BROCK: I'm sorry. My name is Dwight Brock, clerk of courts. CHAIRWOMAN MAC'KIE: Thank you. Okay. So that's a reassuring answer to that question. Thank you very much for coming over. COMMISSIONER CARTER: Dwight, do you have any insight into how that affects us financially by changing the way we're doing this process? MR. BROCK: Okay. CHAIRWOMAN MAC'KIE: From a bond rating perspective? COMMISSIONER CARTER: From the bond ratings and people that look at us. CHAIRWOMAN MAC'KIE: Thank you. MR. BROCK: I have had extensive discussions with my staff who are intricately involved in the bond issues here in this county. CHAIRWOMAN MAC'KIE: Speaking of whom, here's Mr. Mitchell. MR. BROCK: He just ran in. He was probably watching the same TV set. We do not, and we will profess that we do not, know the definitive answer to that, but we're concerned what impact that would have on our ability to raise money and its cost to the taxpayers. I will be the first to admit to you that I do not know definitively what the answer to that is. I know that contingency reserves are, in fact, very important by the people who issue these bonds, and that I think is something that you need to be aware of. CHAIRWOMAN MAC'KIE: A follow-up question to that is, if you had to balance the negative impacts of a decreased contingency reserve with the negative impacts of a decreasing fund~balance, because that's what we're measuring here, can you give a thought about which bond raters might see as more negative? What Mr. Fernandez is telling us is that we need to make this shift so that we can stop the trend of our fund balance decreasing. MR. BROCK: I keep hearing that, and I've had this conversation with my finance director. We do not see a trend in fund balance decreasing. CHAIRWOMAN MAC'KIE: There's a big question, because that's the only legitimate reason to be doing this, otherwise it's a game for the sheriff. MR. BROCK: We had this discussion 30 minutes ago, in which we have not been able to identify a trend in our fund balance decreasing. I mean, using fund balance as a term of art, we can't identify any such trend. If you look at -- CHAIRWOMAN MAC'KIE: Mr. Smykowski, can you -- COMMISSIONER CONSTANTINE: Do you have a question for the clerk? CHAIRWOMAN MAC'KIE: Yes. Let's -- MR. SMYKOWSKI: The fund balance available in the general fund forecast this year, based on last year's actual, is slightly above 19.9 million. The projected availability for fund balance in fiscal year 2000 is 14.6 million. CHAIRWOMAN MAC'KIE: And Mr. Mitchell, you disagree with that projection? MR. MITCHELL: No, no, no. Commissioners, for the record, my name is Jim Mitchell, the director of finance and accounting. The difference that we're talking about here is budget versus actual. Okay. We deal in actual as opposed to budgetary numbers. Page 42 August 3, 1999 CHAIRWOMAN MAC'KIE: Okay. MR. MITCHELL: When we look at -- when we measure fund balance, which we do on an actual basis through our financial statements, there has been a trend upward in fund balance for the last three years. Fund balance is approximately $24 million as of 9/30/1998. And the one thing you have to look at is, what is fund balance. Fund balance is strictly a measurement of your assets to your liabilities. Assets minus liabilities equals fund balance. We deal in real numbers. What they're talking about here is budgetary numbers. Now, they're dealing forecast. I have no idea what fund balance is going to be as of 9/30/99. I mean, we can measure it today. We can measure it whenever, but we look at it from an actual standpoint. CHAIRWOMAN MAC'KIE: So the decline has been in the budgeted amount for fund balance, not in the actual fund balance at the end of each fiscal year? MR. MITCHELL: As we measure it in the financial statements, there has an been upward trend in fund balance in the general fund. COMMISSIONER CONSTANTINE: Over what period of time? MR. MITCHELL: Last three years. CHAIRWOMAN MAC'KIE: Then I don't see a reason, Mr. Fernandez. COMMISSIONER CONSTANTINE: Is that an increase also in percentage and -- you know, I don't understand the difference -- what's -- there's clearly a reason why we're doing them the way we are, Mr. Smykowski. And also I just -- both a question for Dwight and for Mr. Fernandez is, you know, Moody's, I assume, would be considered a pretty good expert on this type stuff. How extensive of a conversation was that? Would the clerk dispute Moodies' opinion on that? You know, that has some impact on me. When you share that discussion with me -- CHAIRWOMAN MAC'KIE: Good point. COMMISSIONER CONSTANTINE: -- I have some confidence in Moodies' ability to read this stuff. So I'm wondering, what is it they're looking at and what were their concerns versus your saying it's not a concern? CHAIRWOMAN MAC'KIE: And Jim, you were in the room, and I don't know if you were, Dwight. MR. BROCK: I was not in the room. Jim was in the room, so I'll let Jim share it with you. CHAIRWOMAN MAC'KIE: Did you have the same impression about their concern about declining fund balances? MR. MITCHELL: Actually, I presented to Moody's the fund balance position of the general fund. And I think the concern of the trending downward was one that was raised by Mr. Fernandez and not one that was raised by Moody's. CHAIRWOMAN MAC'KIE: As he pointed out that budgeted downward trend, did you see a reaction? MR. MITCHELL: Oh, absolutely. There's no doubt about that. If there is a trending downward, it's definitely going to raise some flags at the rating agencies. There's no doubt about it. But at what level is the question. We have sufficient fund balance currently. I mean, we have a significantly high fund balance in our general fund. CHAIRWOMAN MAC'KIE: Jim, does Moody's look at actual or budgeted fund balance when they rate our bonds? Page 43 August 3, 1999 MR. MITCHELL: They look at both. They look at history from actual, and they look at forecast for budgetary. CHAIRWOMAN MAC'KIE: I'm running out of legitimate reasons why we would make this change, because it doesn't sound like it's a significant fund balance trend issue to justify a whole new budget policy. It looks more like it has to do with the sheriff and his unfettered access than it does to anything else. MR. FERNANDEZ: Madam Chairwoman? MR. MITCHELL: Commissioners, if I could make one more comment. CHAIRWOMAN MAC'KIE: Yes, and then Mr. Fernandez. MR. MITCHELL: Okay. The one thing that concerns me is that when you start looking at reserves -- and there's no doubt when a rating agency looks at one of our issues, they do look at our reserve position. And you look at a reserve for cash flows, which has been extremely flat since the implementation of that particular reserve, and you have a contingency reserve that has been sufficient to carry us through those periods, and now all of a sudden we're flipping it. That's going to raise some -- in my opinion, that's going to raise some red flags at the rating agencies, why are you doing that. And the question that could possibly be raised is, do you anticipate a slowing down of your tax revenue? Why is it that you're increasing your cash flow reserves when you've never had to even tap into it? And second, in a year that we're faced with right now -- as Sheriff Hunter very clearly stated, we've got the millennium to deal with. There's a lot of unknowns with that, and there may be an expectation that you see a reserve contingency going up instead of downward in this particular period. CHAIRWOMAN MAC'KIE: Thank you. Thank you, Mr. Mitchell. Mr. Fernandez. MR. FERNANDEZ: I was going to mention, Madam Chairwoman, that I have a list of seven counties. I believe this is the same list that we used in our discussion at budget time in comparing the sheriff's reserve for contingency request. We also included in that graphic at that time what the Board of County Commissioners' general fund reserve was. And the list ranges from 0.7 percent in Manatee County to a high of 2.8 percent in Lee County; Alachua has 2.5 percent; Bay County, 0.9 percent; Charlotte, 1.3 percent. CHAIRWOMAN MAC'KIE: Do we know if their bond rating is as good as ours? MR. FERNANDEZ: The bond ratings are, Alachua County, double A minus. CHAIRWOMAN MAC'KIE: And what is ours? MR. FERNANDEZ: Charlotte County -- CHAIRWOMAN MAC'KIE: Ours is triple A, isn't it? MR. FERNANDEZ: Mike, do you know? CHAIRWOMAN MAC'KIE: Mike, do you know? Isn't our bond rating triple A? MR. MITCHELL: Depends on the bond. MR. SMYKOWSKI: Ours is GO. CHAIRWOMAN MAC'KIE: GO is extremely high. I mean, of course other counties have less, but that doesn't mean that we should, especially if it might affect our bond rating, which means we pay higher interest rates, which means taxpayers pay more. I don't see a reason to do this, but that's my opinion. Page 44 August 3, 1999 COMMISSIONER CONSTANTINE: Let's hear about the other issues. ***CHAIRWOMAN MAC'KIE: Shall we go on to the other two budget issues and then come back, have an overall discussion on the budget? COMMISSIONER CONSTANTINE: Yep. CHAIRWOMAN MAC'KIE: Thank you very much, Mr. Clerk, sir, for coming over. Crystal. MS. KINZEL: Hi. For the record, again, Crystal Kinzel with the sheriff's office, finance director. I'll go back to then -- ll(a)3 actually has the additional budget items that we wanted to bring back for reconsideration by the board. And those go back to -- the first item there is the road patrol services from Marco Island. I believe the board has received a letter from Marco Island indicating that they expect that the sheriff's services will be there, that they only envision their services in addition to the sheriff's services. And I know -- I see by the shaking of heads that -- but that is the letter that's been presented. We have the same -- CHAIRWOMAN MAC'KIE: Let me say this to Crystal just in the interest of getting information out, because I was at the meeting with Mr. Fernandez when both the chairman and the city manager from Marco told us that they absolutely fully expect to be on line. And there was no hint at that time that this was intended to be supplemental and they expected to continue to have a level of service greater than that, that other cities, a/k/a, the City of Naples has. I just want COMMISSIONER CONSTANTINE: No. And frankly -- CHAIRWOMAN MAC'KIE: The letter was absolutely different from the conversation. COMMISSIONER CONSTANTINE: And last year the whole discussion was, we don't want to have to pay in because we're going to provide our own. We're -- it wasn't a supplement. At no point was it discussed as a supplement. CHAIRWOM3~N MAC'KIE: And we just have to make that clear, because you're right, the letter says something entirely different. MS. KINZEL: And you can see -- COMMISSIONER CONSTANTINE: Which is not your fault at all. And I'm not -- MS. KINZEL: Thank you. COMMISSIONER CONSTANTINE: It's just very frustrated with the city of Marco. MS. KINZEL: And you can see our concern. We had originally been told October 1 of last year, then we were at December, then we were at March. Our concern is that if we do not provide the funding for Marco services and they are not available on January 1, we will be at a deficit position, then that goes back to the question, are those reserves enough if then we have to fund Marco. So that's issue one, and we've talked about that. You've heard about the bailiff issue from the judge, and we also have some other supporting letters. We think that that's critical because of the increased traffic, the opening of the courthouses (sic), we'd like to see that brought back in. The 11 investigator positions -- MR. FERNANDEZ: Excuse me. Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes. Page 45 August 3, 1999 MR. FERNANDEZ: Before we pass that one. CHAIRWOMAN MAC'KIE: Are we on bailiffs? MR. FERNANDEZ: The bailiffs. We had recommended the three to go along with the three new courtrooms. The request for reconsideration is for seven bailiffs, as I understand it. So I think we need to make a clear distinction there. MS. KINZEL: We did separate those items because we did understand that there was a distinction between the four roving bailiffs and the three in the courtrooms, so those are two separate items on our agenda, but we think that at least we need to provide the bailiffs for those courtrooms. We can maybe then compromise on the roving position. We had talked about, instead of one for each floor, maybe one to do all the floors. That would bring us to a total of four new positions, and we think that that would probably, you know, bring us to where we at least need to be when they open those courtrooms. CHAIRWOMAN MAC'KIE: So one request is for three and, perhaps, four additional bailiffs? MS. KINZEL: Right. CHAIRWOMAN MAC'KIE: And the next one is? ***MS. KINZEL: We had talked about the investigator workloads, again going back to that, and I know Commissioner Constantine had asked us to phase in those investigators. We did just want to bring it back to the board's attention that we have phased in the total requirement and that to not go to the 11 investigators will actually increase the caseload from where we are. We need to get back to -- it's the -- and I have a presentation on the caseload that -- CHAIRWOMAN MAC'KIE: Maybe you want to put it on the visualizer, Crystal, and then the public can see. MS. KINZEL: Okay. Let me just give you an example. The actual caseload for 1998 would be 162 cases per investigator. The caseload projected then into 2000 at the same crime rate would be 172 cases per investigator. And the average agency surveyed were at about 150. That would require the 11 new. So I think it goes back to Commissioner Constantine's point that, yes, we could maintain with half of those, but we're not going to make any progress in resolving those caseload issues. And we just wanted to bring that back for reconsideration so it's on the record with the amounts. COMMISSIONER CONSTANTINE: And actually the numbers weren't to maintain. And if there's a new projection or there are different numbers now, I don't know. But when you-all were sitting at the table out here, we did the math, and I think the sheriff was even here when we did some of that math, and it brought it down to -- I don't know -- it was 162 or 163 per year the first year, and then the second year, when we added those in -- and we acknowledged even the second year you may need one or two more beyond this split for a total of 13 or something over two years, but that that would then bring you down to 150 or a little below 150 actually. MS. KINZEL: Right. COMMISSIONER CONSTANTINE: And that was just trying to ease it in over two years. Doing half of them did make it a lower number for next year, certainly better than where we're at. But I think there was, for me anyway -- I don't know if there's a commitment from the whole board, but to make sure we did phase it in all the way over two Page 46 August 3, 1999 years, but just to try to make it affordable. That's why I was doing it in two years instead of one lump year. CHAIRWOMAN MAC'KIE: Commissioner Norris. COMMISSIONER NORRIS: Well, Madam Chairwoman, we're getting back into the same issue we always get into on the sheriff's budget, and that is, the county commission is being put in the position of deciding operational questions for the sheriff, and that's not our job. I say this every year, several times a year when we're doing these budgets, it's not our job to decide where you're going to spend $375,000 or whatever. You know, we decide on a total amount of money for you. You decide how to spend it. I mean, that's your job. You decide what you need to spend this money on that we're going to approve for you, to do the best job in the best interest of the citizens of this county. That's not our job. MS. KINZEL: We agree with that, Commissioner Norris, but I think the point in bringing these back for reconsideration is that there also has to be a basis for the cuts. And when you determine the flat amount of money that we're going to get in the sheriff's office to operate, we need to point out to you and to the public the services or the type of workload and caseload impacts that these cuts are going to have. And we think it was significant enough, particularly in light of the Marco, in combination, a $1.9 million cut severely impacts the operations of the sheriff's office. So my only reason for going over each of these points is so that you do have an understanding of the types of things that we are very concerned about with the budget the way it sits right now. COMMISSIONER NORRIS: And yes, and we did this in June, you see, and that's why I'm saying now, again, you're trying to put the commission in the position of saying, grant the sheriff more money because we need to do this operation or this operation. Well, we've already been through that. MS. KINZEL: Well, here's our primary concern. When you set the millage rate today, it's prior to the workshops, or excuse me, the budget hearings or the public hearings in September. If you set that millage too low today and the public -- or we get a hurricane in between now and then or the public comes in here next month and says, we would like more money, we don't really have the flexibility of that millage going up. COMMISSIONER NORRIS: Crystal, you're talking about two budget years, two separate budget years. MS. KINZEL: No. CHAIRWOMAN MAC'KIE: No, no. MS. KINZEL: Not really, because the reserves are already budgeted for the carry-forwards. So if we're greatly impacted this year in reserves, your carry-forward for next year is going to be impacted, so that still does play a part here. And our fear and our reason for bringing this forward today is, today's the day you set the millage. And if it's set low, we have no flexibility for September. COMMISSIONER CONSTANTINE: There is actually a process if we need to increase it, in the event -- you mentioned a hurricane. That's a fair analogy, or a fair example is, if we had to spend a big chunk of reserves, that could potentially put us in a bind for next year. Page 47 August 3, 1999 There's a process we can go through in an emergency type like that where we can adjust the millage up. It's a cumbersome process. MS. KINZEL: Very, and costly. COMMISSIONER CONSTANTINE: It's not one we're going to do -- true. But one that would be warranted in the event we had a hurricane that spent down those reserves. Probably not one that's warranted to just add in another line item. An so it's -- for all intents and purposes, on regular line items, we're not going to increase it, you're right, but to use the emergency situation, I think is -- we're not limited on that. I don't think we would limit on that. MS. KINZEL: Well, I guess I was looking at it in the big picture of balancing. If we have to draw down on reserves for those emergencies, it gives less flexibility then for the line items adjust -- line item adjustments that may become critical for our operations. CHAIRWOMAN MAC'KIE: Mr. Fernandez has been very patient. MR. FERNANDEZ: Madam Chairwoman, I wanted to call to your attention, there's another procedural consideration here, and that is that your budget policy calls for you to reconsider all other items that were presented in the budget process and not funded if, in fact, you reconsider these. If you put yourself in a posture of having to take another look at your budget priorities, it requires you to look at things that we may have considered in April and early in this process and rejected, things that I have -- I have taken out of my budget proposal and bring back to you. We have a list of record -- or requested but not recommended, and we have a list of those things that I recommended and the board took out of the budget. Your policy calls for you to consider those as well so that your decision reflects your priority given all of these things compared to each other. CHAIRWOMAN MAC'KIE: What I understand that the sheriff's office is asking us on these two items unrelated to the reserve question is, to set a millage rate cap that gives us the flexibility to look at these questions in September, and perhaps we would also look at others. And if the policy requires it, that would have to be done. I don't think it means that every single one of them has to be discussed by this board again. It would mean that a review has to be made about the total priorities. But frankly, you know, I don't have a whole lot of desire to change my mind after what we went through at budget hearings, and I don't want to mislead you into thinking that I'm going to be ready to change a vote in September, but I do have a little bit of interest in having some flexibility in the millage rate, in the millage cap, to be able to listen to a case if one can be made in September. COMMISSIONER NORRIS: Okay. Well, let me see if we can start making some progress here, and then -- I'll go ahead and make a motion that on 11 -- what is this -- ll(a)3, that we deny the request. CHAIRWOMAi~ MAC'KIE: I don't think it's a public hearing, so I wouldn't have to close it, but there may well be speakers also. So there's a motion on the floor. Is there a second for the motion? COMMISSIONER CONSTANTINE: I'll second it just to keep it there. And let me say this. There is a budget process we go through and the sheriff goes through, and Crystal and everybody spent their entire spring on, and it's a very deliberate process. And I think to try to alter that now, literally 24 hours before we need to change that or Page 48 August 3, 1999 turn that in to Abe Skinner is outside that process and it is probably not appropriate. I'm not likely to support altering the millage rate we came up with in June. I think we went through a long process. We saw everything at the same time and very carefully decided what we thought were appropriate numbers, and I'm still comfortable with that. I agree with Commissioner Norris that you-all can choose to fund whatever you do with that bulk, including these or other things. I want to mention one thing though. I leaned over and I asked Commissioner Mac'Kie. I thought when we were talking -- and while, again, it's your choice, we talked about different things that we saw as priorities or not, and I know the sheriff said, boy, if we have to cut things, what would you recommend? And I thought when we talked about having a new bailiff in each courtroom, that the board was pretty comfortable with that. So when that reappeared on here as another line item, I think we had envisioned that included in whatever the lump sum was anyway. CHAIRWOMAN MAC'KIE: I thought we kept the three bailiffs -- COMMISSIONER BERRY: I did too. CHAIRWOMAN MAC'KIE: -- and maybe four. COMMISSIONER CARTER: I think we did too. COMMISSIONER CONSTANTINE: And I think we had said -- I can't remember. We might want to go back and look, but I think we may have talked about having one roving -- CHAIRWOMAN MAC'KIE: Rove. COMMISSIONER CONSTANTINE: -- instead of several. MS. KINZEL: I, too, thought that was the direction, but in the final summary that -- they're not funded, and that's a huge concern for us. Also the shift in the Marco Island policy. CHAIRWOMAN MAC'KIE: I understand. MS. KINZEL: And it puts us right back to where we were with the CHAIRWOMAN MAC'KIE: We're not going to have that debate. COMMISSIONER CONSTANTINE: And I was going to touch on Marco, but I wanted to finish it. I don't know, when you say they weren't funded because -- again, we don't have the authority to fund or not fund individual line items. But I really thought the discussion was, we liked those items and hoped you included those as part of that. I thought we were talking about those items, the bailiff items. MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Mr. Fernandez. MR. FERNANDEZ: I think we can cut this short. We had recommended the three. We thought that the board's action was to cut. If, in fact, that was not your intent, we can just say right now the three are back in. COMMISSIONER CONSTANTINE: Yeah. And the only other item was the Marco one, and that is, right now all we have to go on is, I have our prior information and I have a letter here signed by both our chair and by the sheriff requesting a response from the City of Marco, and we don't have that response. And I think we're all frustrated by that. CHAIRWOMAN MAC'KIE: Well, we do have. COMMISSIONER CONSTANTINE: I will -- well, not in any -- not consistent with what they have told us over the months. CHAIRWOMAN MAC'KIE: Correct. Page 49 August 3, 1999 COMMISSIONER CONSTANTINE: So I do hope that we can all work together on sorting that one out. And I realize that particular item may be a problem and we may need to readdress that. And I think -- I recognize that, probably the board recognizes that up front. The other ones I just -- hopefully you can plug in as you see as a priority. But Marco is a problem. Without getting definitive or consistent answers, it's hard for any of us to work on that, and we'll just pledge to continue to work with you. COMMISSIONER CARTER: Madam Chair? CHAIRWOMAN MAC'KIE: Yes. COMMISSIONER CARTER: One thing, back to the bailiffs. CHAIRWOMAN MAC'KIE: Thank you. COMMISSIONER CARTER: It was my understanding that we had approved three bailiffs and that the roving security was going to be provided by Skip Camp's group. That was the direction that we were going with that. That's how I understood it. CHAIRWOMAN MAC'KIE: So is that not -- if -- when Crystal totals up the cuts and subtracts them from their request, her math indicates that we must have cut those three bailiffs because the dollars don't add up. MS. KINZEL: That's what was indicated in the budget document that came back to us, is that those were cut. COMMISSIONER CONSTANTINE: My only point -- and again, I agree completely with Commissioner Norris, whatever your priorities are are yours to make. My only purpose in bringing that up is that as you go back and try to figure out, okay, you know, what can we afford to do here and what can't we, I think -- and we've now heard three members of the board say their recollection is, that was something we did want to see. And so I don't know what the summary said, but I just hope, you know, you realize where we're coming from on that. I don't want to get into whether it should be or shouldn't be, because it should be, in my opinion. But you guys will figure that out. CHAIRWOMAN MAC'KIE: But we have to answer that question -- MS. KINZEL: Funding CHAIRWOMAN MAC'KIE: -- from a fiscal perspective, and that is, if the three bailiffs are in, what's the dollar cost of those three bailiffs, Mr. Smykowski? MS. KINZEL: 338,900 was the budget, I think -- CHAIRWOMAN MAC'KIE: For seven? MS. KINZEL: Right. The three new ones were 254,300. COMMISSIONER CONSTANTINE: And my point is, I'm comfortable with the dollar amount. But just when we're talking about what that dollar amount covered and what it didn't cover, it's not up to us to pick and choose each of those -- COMMISSIONER BERRY: That's right. It's up to them. COMMISSIONER CONSTANTINE: -- but we had tried to give some indication to the sheriff, and we were comfortable with those. But I'm not trying to alter the dollar amounts, so I'm sorry if I was not clear there. COMMISSIONER CARTER: Well, I guess what I'm hearing is, altering the dollar amount would only take that total budget and add 254,000 to it. And the question then becomes, how would that adjust the -- where we finally end up. 254,000 out of 60 million is not -- CHAIRWOMAN MAC'KIE: Right. COMMISSIONER CARTER: -- I mean, I wouldn't think is too much. Page 50 August 3, 1999 COMMISSIONER BERRY: In other words, what's it do to the millage. CHAIRWOMAN MAC'KIE: Right. I am interested in putting that 254,000 in the sheriff's budget for this -- that purpose. COMMISSIONER CONSTANTINE: My recollection was that if we included those in there, then whatever number we've come up with already is inclusive of those. So I don't have an interest in adding more in, because it -- in what we were suggesting, it was already included. MR. SMYKOWSKI: My recollection from the workshop -- CHAIRWOMAN MAC'KIE: My inquiry is, is there -- is there some kind of a scrivener's error? Was there some sort of error in the math? MR. SMYKOWSKI: I don't believe so. CHAIRWOMAN MAC'KIE: Because we want the money in. MR. SMYKOWSKI: There was 2.7 million that was on the table and expanded. I remember from the workshops, Commissioner Constantine -- where they talked about a number, reducing that to 3 million. The issue of the bailiffs came up. And my recollection was the board said, if that's something that is a high priority for the sheriff within the midst of that 3 million, that's something he would fund. CHAIRWOMAN MAC'KIE: My recollection is that we agreed to leave that $254,000 in the sheriff's budget. COMMISSIONER BERRY: We probably did. COMMISSIONER CONSTANTINE: We came up with a -- we may have, but we came up with a dollar amount, and I can't tell you whether it was 3 million or what it is, but we came up with a dollar amount -- CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER CONSTANTINE: -- that the majority of the board agreed upon. CHAIRWOMAN MAC'KIE: Okay. Let me just poll the board. Is there any interest in changing the total amount of the sheriff's budget with regard to the bailiffs, the 254,000? COMMISSIONER CONSTANTINE: No, because I think they already -- COMMISSIONER NORRIS: You can call the question. That will do it. COMMISSIONER CONSTANTINE: Oh, yeah. We already have. CHAIRWOMAN MAC'KIE: That's right We have a public speaker on it though. MR. FERNANDEZ: Mr. Gill Erlichman. COMMISSIONER NORRIS: He's gone. MR. FERNANDEZ: That's the only one, we have. CHAIRWOMAN MAC'KIE: Okay. In his absence, I'll call the question on the motion. Ail in favor, please say aye. COMMISSIONER NORRIS: Aye. COMMISSIONER BERRY: Aye. COMMISSIONER CONSTANTINE: Aye. CHAIRWOMAN MAC'KIE: Opposed? Aye. What was the vote? COMMISSIONER CONSTANTINE: Four to one? CHAIRWOMAN MAC'KIE: Where did you vote on that, Commissioner Carter? I didn't hear you. Was it four to one? COMMISSIONER CARTER: It was add the other 254 back in, right? CHAIRWOMAN MAC'KIE: Okay. So it's three to two. COMMISSIONER CARTER: I'm going with you, Chairwoman Mac'Kie. I think it should have been put in there if there a question on it. CHAIRWOMAN MAC'KIE: Three to two, but it doesn't do you a lot of good because it's still a no. Okay. Page 51 August 3, 1999 Item #11A2 RECOMMENDATION THAT THE BOARD ENDORSE A RECRUITMENT AND RETENTION ADJUSTMENT FOR THE COLLIER COUNTY SHERIFF,S OFFICE DURING FY 1999-2000 - 3.5% INCREASE TO BE MAINTAINED FOR THE SHERIFF'S OFFICE! COUNTY ADMINISTRATOR TO WORK WITH SHERIFF'S STAFF FOR NEXT YEAR'S BUDGET PROCESS The second question had to do with raises. MS. KINZEL: Right. And we have here today a representative from Arthur Andersen, Sandra Gaffin, and she wants to just give you a little more information on the pay plan proposal you see before us. We did not have this included in our base level budget because we didn't have the final results back and we hadn't had it confirmed by an outside source. We've done that step now. This all ties in a little bit to the millage and the reserve and all of these issues, and it's to advise the board that we are under in the pay plan area, once again. Usually in the pay plans, you get those reviewed every couple of years. We're past that. Last time that we did implement a full pay plan adjustment was in '96. We partially implemented that plan adjustment because of the total cost. We had to cut back on that. So I'd just let her give you a little more information. If you could just keep in mind, all of the issues though with Marco and the bailiffs, and while we're talking about a flat dollar amount, there reaches a point when you cut that flat dollar amount to a certain level, you have no options to fund many of those services that are going to be required. And I do -- CHAIRWOMAN MAC'KIE: I'm going to jump in and say though that this frustrates the beck out of me, because if I were able to control your budget, this would be my highest priority for where you'd spend money. And I'm so frustrated that we got a budget this year that didn't include raises that I think are appropriate for agency staff. I understand you didn't have the final, final report and all that stuff, but -- COMMISSIONER NORRIS: I don't think they even mentioned it. CHAIRWOMAN MAC'KIE: If I had the authority to tell the sheriff how to spend his money, this is the first place I'd tell him to spend it. MS. KINZEL: And I really appreciate that philosophy. Unfortunately, the funding requirement of the $2.6 million, with the cuts that we saw from just growth items, we would not be able to fund anything like these potential pay plan adjustments. COMMISSIONER CONSTANTINE: I've got to share some frustration though in that, as I said, there's a deliberate process that we all go through in the budgeting process. Timing of it is identical every year. Has been for the seven years I've been on the board, the 10 or 12 years that the sheriff has been sheriff, and it's just very frustrating to have this never even mentioned, not one word mentioned during the budget hearings, and then it comes back after we've already set a millage rate. There's a great deal of time and effort that goes into that from Mr. Smykowski and his staff. And to come in literally 24 hours before and say, oh, yeah, by the way, there's one more pretty big chunk item. CHAIRWOMAN MAC'KIE: Whoops. MS. KINZEL: Again -- Page 52 August 3, 1999 CHAIRWOMAN MAC'KIE: Why don't you speak to that for us, Sheriff, before we hear -- SHERIFF HUNTER: I'm frustrated as well with this particular part of the process. As was indicated to you, we did try to conduct a survey, to try to get it into the budget this year. What you will hear, if you permit the presentation, is that it is a significant amount of differentiation between this agency and other agencies in the state that we did not predict. I didn't know that we were so far below market. We've also asserted to the board, for as long as I've been sheriff, that each time you conduct a salary survey, please conduct one for us as well, then we don't have to do an independent, and you can be assured of the validity of the numbers that come back to you. But each -- what has happened each year is that the surveys are conducted -- well, in the years that you've conducted the surveys on salaries, and we have not been included, which causes us to have to back and fix that, so we are a little out of sync with you, and we did hope that with the contingency reserve available, maybe we could get by this year. But the numbers came in much more significant than what we thought they would be. CHAIRWOMAN MAC'KIE: Why is that, Mr. Fernandez? SHERIFF HUNTER: So I apologize for that. And I am frustrated by it as well. But nonetheless, we feel that you need to be aware of it. This may be our only and last opportunity to make you aware and to cause monies to be available so that we can fund it, as well as the public safety growth issues for next year. CHAIRWOMAN MAC'KIE: I'm going to retract my question, Mr. Fernandez, and ask instead, could we be -- can we work together on this in the future for salary surveys? MR. FERNANDEZ: Madam Chairwoman, I suggested this myself last week in a meeting with the sheriff's staff. I felt that these issues are the same for county agencies as they are for the sheriff's agency in terms of competitive salaries, being able to retain qualified and quality employees. And I thought that we would be much more successful in making our case to the Board of County Commissioners if we came to you together. So I propose that we do that for the next budget process, that we do the salary analysis together and bring to you a full package that includes all the employees. CHAIRWOMAN MAC'KIE: So at this point, is there interest or is the board willing to hear the salary information before we set the millage rate for the sheriff's office? COMMISSIONER CONSTANTINE: It seems to me to be a little out of place. I understand the work that's gone into it, and I understand where you're trying to Having gone though the budget process, having tried to assess all priorities while trying to stick to our stated goal of remaining millage neutral or less, to come in and do this now at, what does cause an increase, seems out of line, seems inappropriate. And I know what you're trying to do, and if your timing got thrown off, I don't blame you for coming and asking. But I guess I would rather see the two work together on this and go through. I also, just -- and this is maybe -- sit down sometime outside of this meeting, but I'd love to sit down and go through the numbers with you. I know we did in '96, I guess, it was a fairly significant adjustment across the board on your pay plan, and most of that was Page 53 August 3, 1999 implemented. I think it was about the same time we did ours, and then have had some cost of living increases the last couple of years. But just to -- I'd love to sit down and go through in probably greater detail than we can here how that's impacted, because I have no idea what other sheriffs are doing around the state or, you know, what competition you're facing. I know in '96 we were seeing some attrition because of it. You were losing people because of pay, you were fairly comfortable the next couple of years that we were able to hold them in. And I'm just wondering how far we've slipped in the last year or two on that. But I'd like to do that in some detail, I guess, outside this forum. CHAIRWOMAN MAC'KIE: My question for the board on that issue -- and I guess this is a Smykowski question too -- is if we were to adopt a millage rate that's millage neutral, how much money would that give us to be able to listen to this presentation in September in the budget hearings? COMMISSIONER BERRY: Yeah. You want to know what the wiggle room is. CHAIRWOMAN MAC'KIE: What's the wiggle room? If we adopt -- MR. FERNANDEZ: Just over a million dollars to remain -- CHAIRWOMAN MAC'KIE: -- a neutral, a millage neutral budget, does that accomplish much? MR. SMYKOWSKI: It would give you approximately a million dollars net for appropriation after tax collector fees, revenue reserves, et cetera. COMMISSIONER CONSTANTINE: I would tell you, the problem I have with that is we have a month's long procedure, we have four full days of hearings, and at the end of that and a great deal of work, effort and thought, we come up with a number that we think is appropriate. And to just throw out another number now essentially tells me I wasted all of my time all spring and in the month of June, because we're just going to have the same millage rate as last year so that we can talk about it some more in September. CHAIRWOMAN MAC'KIE: And as important as that is and as frustrating as that would be, I'm still willing to consider it, because I have some of the knowledge of what the attrition rates are and just how horribly the bleeding is in the sheriff's office, about how badly they're losing people. COMMISSIONER CONSTANTINE: Maybe you could share those with us. CHAIRWOMAN MAC'KIE: Well, we can hear them from people with more knowledge than me -- COMMISSIONER CONSTANTINE: Fine. CHAIRWOMAN MAC'KIE: -- but Commissioner Berry. COMMISSIONER BERRY: One of my concerns -- and I'm not going to sit up here and take a slap at the sheriff's department, because I hold the deputies and all the employees in that department in high regard. But it would seem to me that there had to be an indication of where they were salary-wise, okay, which if I were -- I hate to say this. If I were going to do this, then I certainly would have come in the budget with a certain amount of money for X percentage of a pay increase, knowing full well that this study was coming forward and to, more or less, phase in, you're going to have a percentage this year, and next year we're going -- depending on what the study finally says, then we'll see what that final word is and, perhaps, come in the budget next year for that final phase. Page 54 August 3, 1999 I'm disappointed that on August 3rd, after we have, as Commissioner Constantine said, sat through numerous days of hearings, that suddenly we're being asked for 3.6, I believe it is, million dollars. That really troubles me, when there was no indication of that in June, or when we did the -- and I guess it was June when we did those budget hearings. I would have at least liked to have been -- if there was a concern at that point in time, at least there should have been something included in that budget to cover some of those increases, at least get the process started and mention that this study is going on and that there is a, you know, a very sincere feeling that they are very far behind. There's no question in my mind that the deputies and individuals in this area, that they certainly need the money. I'm not -- I'm not, you know, opposed to that at all. But the timing on this, I have to tell you, Sheriff, really stinks. CHAIRWOMAN MAC'KIE: How did we not even get a heads up? SHERIFF HUNTER: May I, Madam Chairwoman, please, if you'll let me? COMMISSIONER BERRY: Yeah. We didn't know until this thing -- SHERIFF HUNTER: Yes. Excuse me. I have to correct the record. CHAIRWOMAN MAC'KIE: What? SHERIFF HUNTER: In June I did inform the board that there was a pay plan adjustment pending, that we had a survey being conducted and that we would present to the board the results of that pay plan adjustment once we had the results of the study. I did -- and we can go back and consult the transcript on that. CHAIRWOMAN MAC'KIE: Looked at it. SHERIFF HUNTER: You were notified at that time. We do not misjudge this except that we did not know that the board would cut us $2 million and also, once again, gut the contingency reserve. The contingency reserve, once we had Commissioner Constantine indicating that we had this policy and we had an agreement, it looked -- it looked like things were going to work out okay, even though we were now hearing some early reports that we were grossly underpaid, we thought we could make it work. And this is part of the budget process. We're still in the budget process until September 30th. We have submitted a proposed budget, and I am asking that the board at least entertain this consideration of an amendment to that proposed budget, now that we have better information as we've moved along, and before you set the millage. CHAIRWOMAN MAC'KIE: Commissioner Berry. SHERIFF HUNTER: That's all I've -- that's all this is about. COMMISSIONER BERRY: Okay. My concern is -- Sheriff, is -- and you just touched on it when you said the contingency. In my mind, you don't use a contingency fund for salaries. And you just indicated that by us adjusting the contingency fund, this has kind of gutted part of your plan. And I have a concern over that. You shouldn't be using contingency funds -- SHERIFF HUNTER: Well, I disagree with you. COMMISSIONER BERRY: -- for salaries. SHERIFF HUNTER: I disagree with you. COMMISSIONER BERRY: Well, I don't. To me -- SHERIFF HUNTER: It's an unpredicted expense that the officer shares. COMMISSIONER BERRY: -- a salary should be in the budget. Page 55 August 3, 1999 CHAIRWOMAN MAC'KIE: Excuse me. COMMISSIONER BERRY: A contingency fund is based, as I believe is stated, those are for emergencies, and I think we're playing -- we're playing a game here. I mean, up until this point, I believed in what you were doing, Sheriff. And now I'm really concerned when you said that you wanted to use the contingency possibly for salaries. In my opinion -- I don't know how the rest of the board feels, but I feel that's wrong. That is something that you budget. SHERIFF HUNTER: May I again? CHAIRWOMAN MAC'KIE: Of course. SHERIFF HUNTER: Please? CHAIRWOMAN MAC'KIE: Yes, Sheriff. SHERIFF HUNTER: I appreciate your comments. Well, I don't appreciate them. I understand your comments, and I certainly understand your frustration. Let me tell you what it means to try to operate the agency. We have roughly a thousand members. You have roughly same numbers. When you're told, which I was, in approximately March of this year, April of this year, that there's a possibility that we may be losing anywhere from 20 to 50 members of the agency because they are looking at other agencies from Orlando south and the Florida Department of Law Enforcement, that is an emergency. If I lose 50 members from a patrol component, that is a very serious public safety emergency. I had some early reports about what we may be underpaying our people, but I did not have a formal plan. So I think we may dispute what an emergency is. If I lose those numbers in the agency, I can't make it up with overtime because the board's already cut the budget. I'm not sure how I would go with that. So I'm making the board aware, and I'm doing the best I can. And I understand. I'd love to have had the information earlier. We had -- we had a belief that we were only talking two or three percent. We're not talking two or three percent under. And two or three percent, I thought, was workable. I thought we could retain the people in the agency. And I -- I almost dismissed those numbers that we might lose up to 50 people. Because I said -- COMMISSIONER CONSTANTINE: How many people did you lose? SHERIFF HUNTER: -- well, why would anyone leave for roughly the same pay? But that's not where we are. COMMISSIONER CONSTANTINE: How many did you lose? SHERIFF HUNTER: I don't have a number. We haven't lost 50. We still have the same threats out there in the sense that I'm being told on the side that we have people prepared to leave the agency. And it may be 12, 10 or 12. But we've already lost members. COMMISSIONER BERRY: I agree. I'm not interested in your losing people, because I think I understand the difficulty in your trying to get people, to get them trained and that kind of thing. But Sheriff, the thing that troubles me is that if there was a pay dispute, that it is something that should have been recognized by the agency and that there should have been something included in that budget then for this pay -- for a pay increase, at least to start the process, whether it's a two-year process for phasing it in or whatever. Knowing that this study was fully going to come, that would have been fine. And yes, we'll sit up here and set the dollar amount, and Page 56 August 3, 1999 it's up to you to decide how you want to spend it. If you want to give them salary increases, that's up to you to do it. SHERIFF HUNTER: Oh, I understand exactly what you're saying. COMMISSIONER CONSTANTINE: Question. I think we set ours at three and a half this year; is that right? MR. FERNANDEZ: Yes, three and a half. COMMISSIONER CONSTANTINE: Is it the same, what we had figured in? Traditionally we've plugged in or -- CHAIRWOMAN MAC'KIE: Yes. COMMISSIONER CONSTANTINE: -- the constitutional officers have plugged in the same number? MR. FERNANDEZ: Uh-huh. We fit your policy. COMMISSIONER CONSTANTINE: So that was three and a half for this coming year? MR. FERNANDEZ: Yes. CHAIRWOMAN MAC'KIE: Yes. COMMISSION CONSTANTINE: Because it seems to me, that's the thing. We're not -- your people aren't going to fall further behind. I mean, CPI this past year was under two percent. So three and a half is close to, literally close to double CPI. What we ought to do right now -- I'm not prepared -- there's a process set up. We gave that process, we've gone through that. It's unfortunate this didn't come up as part of the process, but it didn't. And what I think we ought to do is make a commitment to work together in this coming year. We've got human resource issues we need to deal with. We ought to deal with the sheriff at the same time so that seven months from now when we're in the next budget process, we're all dealing with this very specifically. And that's why I asked the question -- I'm just going to wait, because I want the sheriff to hear all this too. I think if we have the two human resources working together so that seven months from now when we're working on the budget process, we can both be dealing with those, because we've got some similar issues right now. And that's why I asked the question, and I feel a little better anyway, at least if it's a dozen or 20 folks -- hopefully we don't lose any, but that are thinking about that and looking, that's a more comfortable number out of a thousand than 50. I agree with you there. CHAIRWOMAN MAC'KIE: I've got to pause you for one second. The court reporter is completely out of paper. I was trying to get to the end of your comments before -- (A brief recess was had.) CHAIRWOMAN MAC'KIE: Okay. We're back. COMMISSIONER CONSTANTINE: I think we ought to work together on that. I do disagree. I think salaries, HR issues, are not an emergency expenditure. Gosh, I've got to have this next week because I didn't know it was coming up. I'm going to wait again. I want the sheriff to actually be part of this conversation. SHERIFF HUNTER: I'm sorry, Commissioner. Go ahead. COMMISSIONER CONSTANTINE: I disagree. I agree with Commissioner Berry that HR and salary issues, while individual incidents within that could create an emergency, overall, that's not an emergency expenditure. The way a hurricane is or the way Y2K won't be, but could potentially be, or any of those things, I think HR issues and salaries are things that you can study, you can look at, you can say, gosh, we Page 57 August 3, 1999 are at risk here, we need to correct it, but that's a planning process. That's an ongoing planning process as opposed to Hurricane Donna blowing in one week and we didn't have any idea the week before. But I'd like to see us -- I'm not willing to reconsider the number. I am, however, willing to consider this in the overall scope in the upcoming year, because we're doing some similar things in our HR. We've already given Bob some direction on that. COMMISSIONER NORRIS: Is that a motion? COMMISSIONER CONSTANTINE: No, but I'll entertain -- I'll be happy to join one. CHAIRWOMAN MAC'KIE: Mr. Fernandez and then the sheriff. MR. FERNANDEZ: Madam Chairwoman, I just thought it would be helpful to remind the board of the method that we used. When we came to the board, we felt we needed four and a half percent at the time. We didn't have our study completed either, so we didn't know what the numbers would say. Because we didn't have the study in hand, the board wasn't willing to go the whole four and a half percent, and we ended up with three and a half percent. Consequently, we're in the position now of having to implement our survey, February 1st, I believe, is the date. We're having to phase it in because we don't have full funding to do everything that we would have hoped to do. But I felt that that's the risk that we had to take at budget time. We had to come to you and say, we're planning to do this. We don't know what the number is yet. We think it might be in the four and a half percent range, but we didn't know. And we had to -- and I'm sure we all recall the very messy discussion we had about that. It's not one of my fondest memories, but that's what happened to us. We tried to anticipate a number that we couldn't. CHAIRWOMAN MAC'KIE: Bob, are you losing employees at a rate similar to this year? MR. FERNANDEZ: I can't say that we're losing them at a particular rate, but I do know we have particular pockets we're having difficulty recruiting. We are losing some. There are departments where that is more prevalent than in others. COMMISSIONER NORRIS: Well, while there's a lull in the action, I just want to -- for the record, I've heard a couple of people say that we cut the sheriff's budget. Actually, for the record, we approved a 7.1 percent increase. Not a cut. CHAIRWOMAN MAC'KIE: Okay. Sheriff. SHERIFF HUNTER: Yes, may I? On the issue on the matter of the pay adjustments, we go through each year a similar process that Mr. Fernandez now annunciates, which is simply, we try to predict what kind of adjustments we need in order to retain people. What I hope I've conveyed to the board was that we faced a unique situation this year. The Florida Department of Law Enforcement, as an example, we were told, is hiring 120 new people. That's 120 threat to us. They were going to put most of those people on in the south Florida area, which is not a large move if you live in Collier County. Tampa and Lee County. That is a threat to us. We were not aware of those position adjustments in the Florida Department of Law Enforcement prior to this year. We were not aware of it even in January of this year, nor in February. What I'm saying is that -- and I know that you're subject to the same stuff that I am. When I hear rumors, it's about three months old. That means I'm Page 58 August 3, 1999 three months behind already before I can make a move and plan properly for what I need to do in order to conduct business. Unfortunately, I'm caught with that. This was rumors. We've lost -- I've been handed a document that demonstrates that we have lost 43 members as of the beginning of the calendar year 1998 through roughly today in the correctional officer and law enforcement areas. Correctional officers are important because you know I have a jail first policy which says, you'll serve in the jail first. You can't become a law enforcement officer until you've done that for 18 months. But unfortunately, other agencies in the region don't do that, and they try to draw our jail deputies away into law enforcement positions, which are the coveted positions, and they are successful in 18 incidents this -- for that period in doing that. We didn't lose 50. We've lost 43. And in the period that I'm talking about when I was first aware of this threat, and we might lose an additional number, I'm going to say that we lost roughly 15, 17, somewhere in there. But we still have a threat of losing additional positions now. What I'm asking the board for consideration on is that you acknowledge that this may fit the definition of an emergency. I consider it as such. We thought when we were going with the initial proposal that we had this all covered because of the discussions pertaining to the contingency reserve as well We did not know that the board was going to go away from that and into a one and a half percent -- CHAIRWOMAN MAC'KIE: Which we haven't yet done. SHERIFF HUNTER: And I'd like to address that today, if nothing else. If we could at least finalize that discussion so we know where we stand -- CHAIRWOMAN MAC'KIE: We will. SHERIFF HUNTER: -- relative to the salaries. And what we're going to have to do, whether we give up the positions this year at some -- and I don't know how we do that with growth and fund the salaries so that we don't lose an additional 50 positions and compound our problem of growth, trying to meet growth issues, or whether I'm going to be able to fund some positions and the salary adjustments necessary to retain the members. And I'm relying upon professional help here in the form of a well regarded consultant group on these salary issues as to what we need to do in order to retain the people within the agency that we've -- we're currently funding, and we have huge training dollars invested in and experience. CHAIRWOMAN MAC'KIE: Commissioner Constantine. COMMISSIONER CONSTANTINE: I'm going to go ahead and make a motion that we maintain the budget at three and a half percent increase for sheriff personnel, and commit to have our administrator and his staff work with the sheriff so that we can do a comprehensive look this coming year, so that by next spring when we're doing our budget process, all of us can be addressing this, because I think it's a legitimate issue, but I think there's a time to go through this process. And the three and a half percent should still be of great assistance in maintaining those folks and then taking a real square look at it in the meantime with them. COMMISSIONER NORRIS: I'll second that. CHAIRWOMAN MAC'KIE: My thoughts on that motion are that it's a shame -- we are in the unfortunate position of putting form over Page 59 August 3, 1999 substance if we make that choice, because the procedure then takes precedence over the actual need. I'm only willing to go so far as to adopt a millage neutral cap, and that would allow us, as Mr. Smykowski said, a million dollars to try to adjust both the sheriff, and if Mr. Fernandez has similar emergencies, we could look at those in September, and then, as you say, go forward with the rest of it, but -- and again, not committing to that change, but to allow the possibility that we could hear something in September that would allow us to -- that would convince us that we need to spend that addition million dollars. COMMISSIONER CONSTANTINE: Let me respond to that, if I can. One, I don't -- I think it's extremely poor business practice to throw out all the work you've done and arbitrarily choose a number, which is essentially what you're asking. But I also don't believe that it's accurate to say this crisis or -- that wasn't your word -- but that the sheriff is facing, because 48 people in the past two years is still well below the four percent attrition rate that we talk about every year and that we budget for every year. And so I understand your concern. And if there are a number of people looking to move, you have a very valid concern. But the numbers, when we say 48 people since the beginning of '98, is well below what we budget for leaving every year. And so there may be a concern boiling, and that's why I'm suggesting we should address that and we should have our own HR addressing the same concern for us. It's a great economy right now. Times are tight. People have the luxury of looking around because they're paying higher everything for things. But I think we need to do a comprehensive study on that, our HR, sheriff's HR, work together and bring that back as part of the next budget process. CHAIRWOMAN MAC'KIE: The only problem is that, as the sheriff said, by the time he gets information, gets knowledge that the pot's boiling, it's old info. And the problem of losing staff in the sheriff's agency is a little more severe than our agency losing personnel because of the nature of their work. But -- does anybody else have something to say on the motion? COMMISSIONER NORRIS: Could you call the question, please? COMMISSIONER BERRY: Restate the motion. CHAIRWOMAN MAC'KIE: Well, first let me see if anybody else has something to say on the motion. COMMISSIONER BERRY: Restate the motion. CHAIRWOMAN MAC'KIE: Would you restate the motion, Commissioner Constantine? COMMISSIONER CONSTANTINE: The motion was to maintain the budget at three and a half percent increase. I think that was it. Obviously you can do more or less than that if you want under statute, but that was the number we had plugged in for increase for the sheriff's personnel, and commit our administrator and his staff to work hand in hand with the sheriff in the upcoming year for an in-depth study to make sure if there's a problem out there we address it both on our own staff and the sheriff's. CHAIRWOMAN MAC'KIE: And the proposal I hope to offer in the alternative if that motion were to fail, is that we adopt a millage neutral cap and listen to the sheriff's case in September, at which point we may go exactly back to what Commissioner Constantine just described, or we might adopt up to a million dollars of additional funds for salary. Page 60 August 3, 1999 You had something to say, Mr. Fernandez? MR. FERNANDEZ: Just a little piece of perspective. We lost 180 people last year. That's an indication of our turnover rate. CHAIRWOMAN MAC'KIE: Not apples to apples, but it's information. SHERIFF HUNTER: Well, we lost 90 total. I was trying to give you a sense of what -- CHAIRWOMAN MAC'KIE: I understand. SHERIFF HUNTER: -- what is currently looming on the horizon, rather than go back and reconstruct what happened to us. We -- just in our resignations we lost approximately 70. CHAIRWOMAN MAC'KIE: Okay. Before we go into, you know -- COMMISSIONER CARTER: Well, I'm just going to make one other comment. As we address this issue, remember every time you replace somebody, it's going to cost you 100 percent or better of whatever you were paying them. If you paid them $30,000 going out the door, it's going to cost you another 30 grand to get somebody up to speed. Now, those are national statistics. It was at 93 percent, but it now exceeds that. So it is a dilemma and it is a problem. And we -- and I think we've got to go in the direction of trying to resolve that. We're not going to do it here this morning, but it's a wake-up call that if we don't get a good plan together and reduce the numbers turning over, wherever they are, it's very expensive. CHAIRWOMAN MAC'KIE: Any further comment? Motion and a second on the floor. All in favor, please say aye. COMMISSIONER NORRIS: Aye. COMMISSIONER BERRY: Aye. COMMISSIONER CONSTANTINE: Aye. CHAIRWOMAN MAC'KIE: Opposed? Aye. COMMISSIONER CARTER: Aye. CHAIRWOMAN MAC'KIE: Passes three to two. Item #11Al RECOMMENDATION THAT, IN ADDITION TO THE SHERIFF'S OPERATING BUDGET, THE BOARD PROVIDE A 5% RESERVE FOR CONTINGENCIES FOR THE SHERIFF'S OFFICE IN FY 1999-2000 - CHANGE AS RECOMMENDED BY COUNTY ADMINISTRATOR REGARDING RESERVES The only item then left, I think, for our discussion would be the -- whether or not we want to make the policy change on the reserve question. COMMISSIONER NORRIS: Okay. And let me comment on that. I think we -- earlier we went through all of the legal questions and everything. We found out that yes, if we make a policy change, that there's no restriction on how we can use the funds. We've heard from our manager that Moody's says that it will actually help our bond rating, and they are the people who give you the bond ratings, Moody's, and the other people. And so if you hired this manager to manage -- and we had a long discussion about that a few months ago -- that's what he's recommending to us, and I think we should go with his recommendation, and I'll make that a motion. COMMISSIONER BERRY: I'll second it. Page 61 August 3, 1999 CHAIRWOMAN MAC'KIE: I thought that the conclusion that I drew from the discussion was almost the opposite of that, and that is that there was no legitimate reason to make this change, because the -- because of the testimony we got from Mr. Mitchell that, in fact, it isn't an issue with the bond raters and that, in fact, it will raise a red flag if we flip and go to a three and a half reserve on cash flow, they will wonder, instead, do we anticipate our revenues going down, otherwise, why would we be increasing the cash flow reserve, that he raised it and indicated that he thought it would do exactly the opposite to our bond rating. COMMISSIONER CARTER: I'm going to take the position, Commissioner Mac'Kie, that if I was sitting on the outside and watched this flip-flop, that it would raise concerns in my mind. CHAIRWOMAN MAC'KIE: Me too. COMMISSIONER CARTER: And I agree we hire a county administrator to come up with plans and make decisions, but ultimately a board of directors is not the only occasion where a board will override a CEO. And in this case, I am not in favor of changing what we've been doing in the past. I have some concerns that if we change it, it would raise some flags. I think I listened attentively to what Jim Mitchell and the clerk said, and I'm more inclined to look at -- if we're looking at what actually is there versus what is budgeted, that is two different items. I've got to go with what's actually done versus what's budgeted. COMMISSIONER CONSTANTINE: I'm going to vote in favor of the change, but I'm also -- there's nothing to prohibit us from altering that change in September. COMMISSIONER NORRIS: It's a policy. COMMISSIONER CONSTANTINE: Yeah. It's a policy. The money amount, total, is the same. And during the September hearings, if we choose to alter those funds -- and what I'd like to do is have some definitive response in that time frame from Moody's and from some other people who are experts in the field so that we can make it. I lean toward it for the reasons that Mr. Fernandez has outlined, but I think the sheriff has raised some very valid questions, and I think they need to be clearly answered. And if we can get those answers between now and September 21, that option is still open to us, and I'll be happy to entertain that in the process. COMMISSIONER NORRIS: Before you call the question. CHAIRWOMAN MAC'KIE: Yes, sir. COMMISSIONER NORRIS: I guess this whole discussion this morning has got me a little confused, Sheriff, because you've told us that you have never dipped into reserves for contingency, yet at the same time, you seem very concerned that you have a large amount of reserve for contingency available to dip into, so I really don't understand it. I'm confused about that. SHERIFF HUNTER: Yes, I am. I'm concerned on having available -- am I being permitted to speak now? COMMISSIONER NORRIS: Oh, sure. CHAIRWOMAN MAC'KIE: Please do. COMMISSIONER NORRIS: Yeah, I asked you a question. COMMISSIONER CONSTANTINE: Not only permitted, but encouraged. SHERIFF HUNTER: Yes. We have several things, I think I enumerated very well. And for the public good right now, since I'm Page 62 August 3, 1999 being challenged on this issue, once again, I don't believe we're being -- I hope that the board is not mistrusting me. We have the Y2K issues that the State of Florida has gone to great expense in informing law enforcement about what that means to us. This is coming from the Florida Department of Law Enforcement. I'd be happy to give you a briefing on that as well, but I don't believe we should do it in this forum. I have a great concern about the Marco Island situation and leaving them with no law enforcement. Once again, being put in exactly the same position as last year with no monies available for patrol. So I am asking you to consider that. And I now am aware that we may be losing a large element of the agency, which I have now informed the board on the record as part of your liability, because if you fail to fund me and we lose a large contingent of members -- and I wished that we had had a full presentation to the board, and that's why we've asked a consultant to be here, for the record, I am informing the board that we have the potential of losing a large element of the agency and being unable to provide the same levels of public safety that we've been providing the board and this community, because we -- we don't control that. We don't -- when a member leaves for roughly exactly the same money or slightly more, I don't know how to -- how to turn that. COMMISSIONER NORRIS: I don't believe that was my question actually. SHERIFF HUNTER: Well, you wanted to know about my contingency reserve concerns. I am very concerned about having a contingency reserve for emergencies. CHAIRWOMAN MAC'KIE: That's why. SHERIFF HUNTER: These are emergencies. CHAIRWOMAN MAC'KIE: Personnel are leaving. SHERIFF HUNTER: I just gave you the reasons. COMMISSIONER NORRIS: Well, if the personnel are leaving, then obviously you're not paying them any more, so you have a lot of money left over that you didn't use. CHAIRWOMAN MAC'KIE: Good Lord, John. We can't just have fewer cops in a community that's growing at this rate. They can't just leave and not be replaced. COMMISSIONER NORRIS: But you can't -- you can't say on the one hand, I've lost 100 people, and on the other hand, I have to have a lot more money to pay all those 100 people, because they're not there. You're not paying them. CHAIRWOMAN MAC'KIE: No. What you have to say is what Commissioner Carter pointed out. I've lost 100 people. Now my expenses double because I have to not only get those people back, I have to train them, and the national statistics show that that's a 100 percent increase. COMMISSIONER CONSTANTINE: Comment? SHERIFF HUNTER: We'll also be paying overtime for that period of time that you're trying to recruit, train and hire. COMMISSIONER CONSTANTINE: Comment? CHAIRWOMAN MAC'KIE: Commissioner Constantine. COMMISSIONER CONSTANTINE: I understand you have a concern and you have heard that people are considering leaving. The numbers bear out that right now you are still below the budgeted amount of attrition. Page 63 August 3, 1999 SHERIFF HUNTER: No, that's not correct.COMMISSIONER CONSTANTINE: Well, the numbers you have recited to me -- SHERIFF HUNTER: No. I only gave you two elements. We're actually at six percent or better. CHAIRWOMAN MAC'KIE: Agency wide, which is the attrition budget number. COMMISSIONER CONSTANTINE: Earlier you asked us, you said, I hope the board will also recognize on the record that the salary and HR issue is an emergency and -- could be an emergency, and I'm not willing to do that. I think that's one of those that, you hear that, you have to react to that. Your HR has an ongoing job. And that is not the same as a hurricane that you have three days' notice on. It's not the same as, you know, Y2K, if you have to fulfill what you're doing, what you described with those. And so I'm not willing -- I don't know how the rest of the board feels. It's an important item, but it's not under a contingency emergency the same as a hurricane or one of those. It's one we have to plan for, one we have to take care of, and take care of employees with. But to try to describe that and put it in the same category, I just disagree with you. We may disagree. CHAIRWOMAN MAC'KIE: And I'm going to disagree with you too because the reason -- it's different -- I know. It's so unusual for us to disagree. But the fact of the matter is, is that, if we are short-staffed as a county agency, that is not an emergency like a hurricane. But if the sheriff should be short road patrol staff -- likewise, if he's short clerical staff, it's not an emergency. But if he's short road patrol staff to a point that he can't fund them from overtime and can't adequately provide law enforcement, that's as much an emergency as a hurricane. That's my opinion. Are there any other comments on this question? SHERIFF HUNTER: I would add that -- to build upon your point, Commissioner, that if the board would merely put this in the context of EMS crews, and if you lose 10 people from an EMS group, what that represents to the board in terms of an emergency. It depends on whether you consider being unable to respond to medical emergencies an emergency to you. COMMISSIONER CONSTANTINE: Just to be clear though, you're not in that situation right now? That's -- SHERIFF HUNTER: Well, yes. COMMISSIONER CONSTANTINE: -- something you're concerned about could happen, but that's -- SHERIFF HUNTER: We are on the cusp of it, yes. We've lost 43; you said 48, just -- COMMISSIONER CONSTANTINE: Road patrol deputies? SHERIFF HUNTER: A mixture of road patrol and jail deputies who would -- CHAIRWOMAN MAC'KIE: Just the same. SHERIFF HUNTER: -- become road patrol in the next academy. So yes, road patrol. We are told that we may be losing blocks of people. This isn't the creeping issue that is being portrayed. It's not one here, one there. We're being told we may lose five and 10 at a time. That's a significant issue for us -- COMMISSIONER CONSTANTINE: I just want to make sure -- SHERIFF HUNTER: -- if we can't remain competitive in pay. Page 64 August 3, 1999 COMMISSIONER CONSTANTINE: I just want to make sure it's painted accurately in the media that we may lose five to 10, we may -- certain things may happen, but I want to be very careful that it's not going to be mayhem in the streets this week. We're not so shorthanded on road patrol deputies that you have inadequate response right now. And I appreciate the concern that we may be there and we need to address that, but I don't want to it be mischaracterized that, golly, you are so shorthanded that we're going to mayhem in Collier County tomorrow. SHERIFF HUNTER: Well, let me ask this question. If that happened, would you consider that to be an emergency? If we began losing five and 10 at a time, and we have the potential of losing 20, 30, 40, maybe 50 people, do you understand that to be an emergency? CHAIRWOMAN MAC'KIE: Because you can't -- SHERIFF HUNTER: And have I ever, ever come before this board and made these representations before? And I have been sheriff 10 years, eleven years, a lifetime, and it seems -- this is an usual circumstance I'm making the board aware of. I don't expect to be here next year saying the same thing. I'm hoping that we can cure this defect. I hope to retain the qualified members. And I'm not trying to create some crisis. I'm merely communicating it. I didn't do it. I didn't create it. COMMISSIONER NORRIS: And once again, if the sheriff's department is short a large number of personnel, there's absolutely nothing in the world from stopping you from raising the salaries with that money that you're not paying for salaries, raising the salaries of those people who are still on board and offering new hires the same amount of increased pay? There's nothing to stop you from doing that? Sure you're -- SHERIFF HUNTER: Except money. COMMISSIONER NORRIS: -- going to be shorthanded, but the way you're looking at it, you'll be less shorthanded than otherwise if you don't make pay adjustments on your own. SHERIFF HUNTER: No, sir, that mischaracterizes. We would have to pay overtime in order to staff the patrols and the investigator positions while we're waiting the arrival of the new people. If we then add a pay adjustment on top of that overtime, we run out of money at some point along that venture, especially if we're faced with a whole fiscal year to do that in. If we're only talking a month or so, we can probably get by on that. But we're not planning -- what I'm hearing from the board, we're not planning on this potential, and we're not listening to what the gross underpay is. COMMISSIONER NORRIS: Are you fully staffed today? SHERIFF HUNTER: No, we are not. COMMISSIONER NORRIS: How short are you? SHERIFF HUNTER: Do you have the number? CRYSTAL KINZEL: Sixty-six. SHERIFF HUNTER: Pardon? CRYSTAL KINZEL: Sixty-six. SHERIFF HUNTER: Approximately 66 positions. COMMISSIONER NORRIS: So that's 66 positions you're not paying salaries for? SHERIFF HUNTER: We're paying overtime for many of those. COMMISSIONER NORRIS: That's true. Page 65 August 3, 1999 SHERIFF HUNTER: So that's actually more expensive than paying a salary. COMMISSIONER NORRIS: Well -- SHERIFF HUNTER: And the reason -- CHAIRWOMAN MAC'KIE: We don't have jobs that can just go undone. SHERIFF HUNTER: -- we're understaffed is because we don't pay an adequate salary. COMMISSIONER NORRIS: That's not the point at all. SHERIFF HUNTER: So we're in a circular problem. COMMISSIONER NORRIS: You pay time and a half for overtime? SHERIFF HUNTER: Yes, we do. COMMISSIONER NORRIS: Okay. It's not double time? SHERIFF HUNTER: No. COMMISSIONER NORRIS: So it's not double time? SHERIFF HUNTER: It's more than the salary, the base salary. COMMISSIONER NORRIS: Sure, it is. SHERIFF HUNTER: If you're paying time and a half above the base salary, that's more. COMMISSIONER NORRIS: That's less than two base salaries is my point. CHAIRWOMAN MAC'KIE: But it's not zero. COMMISSIONER NORRIS: You have some net money that you're not paying out in salary. SHERIFF HUNTER: Sir, it's still more if you're paying at time and a half than it is at one time. COMMISSIONER CONSTANTINE: But you are not paying benefits and all the extras to that same guy twice. SHERIFF HUNTER: Oh, yes, you are. COMMISSIONER NORRIS: That's not the point at all. SHERIFF HUNTER: Certainly you are. Certainly you are. COMMISSIONER NORRIS: The point is that he's got 60 salaries that he's not paying on, and if you pay time and a half to fill those spots, you're paying 30 -- the equivalent of 30. So you're -- SHERIFF HUNTER: No, sir. COMMISSIONER NORRIS: -- netting 30 -- SHERIFF HUNTER: No. If you have 20 vacancies in telecommunications and the jail -- let's just start easy -- and I have to post people in those positions so they can answer the phone and dispatch the radio to fire, emergency, ambulance service and law enforcement, we are paying time and a half instead of that straight time -- COMMISSIONER NORRIS: Sure. SHERIFF HUNTER: -- to post that. COMMISSIONER NORRIS: Sure. SHERIFF HUNTER: So we can't turn around and add to the salaries of everybody else in the agency and still pay the time and a half sums out of that straight time money that we have left and still make the budget come out at the end of the year. COMMISSIONER NORRIS: If you continue to be 60 personnel shorthanded, of course you can. CHAIRWOMAN MAC'KIE: And how are they going to fund -- not only do they continue to be 60, but the 60 increases because the salaries are so below market. So not only do they stay at 60, but the problem COMMISSIONER NORRIS: Okay. Obviously you don't understand what I'm getting at. Page 66 August 3, 1999 math. CHAIRWOMAN MAC'KIE: I think obviously you don't understand the COMMISSIONER NORRIS: So let's just call the question. CHAIRWOMAN MAC'KIE: It's hard to imagine how -- COMMISSIONER CONSTANTINE: Can we repeat the question? CHAIRWOMAN MAC'KIE: Well, it's your question, so go ahead and repeat it. It's your motion. COMMISSIONER NORRIS: No, I made it. CHAIRWOMAN MAC'KIE: You made the motion. COMMISSIONER NORRIS: That's right. He made the motion. CHAIRWOMAN MAC'KIE: You want to withdraw it and let somebody else make one? COMMISSIONER CONSTANTINE: Sure. I don't know where we are after we've addressed it so far away. CHAIRWOMAN MAC'KIE: Okay. Motion's withdrawn. Is there a motion -- COMMISSIONER NORRIS: Actually, I made the motion. COMMISSIONER CONSTANTINE: I don't believe I made a motion to withdraw, so -- I made the one that passed, and that was maintaining the three and a half budget. I didn't make another one after that. COMMISSIONER NORRIS: Actually I made the -- COMMISSIONER CONSTANTINE: I think Commissioner Norris did and Commissioner Berry seconded it. CHAIRWOMAN MAC'KIE: You're right. COMMISSIONER NORRIS: Yeah. I made it, Commissioner Berry seconded it, and the motion was to approve the change recommended by Administrator Fernandez. COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: favor, please say aye. COMMISSIONER NORRIS: COMMISSIONER BERRY: Right, for the reserve. Okay. I'll call the question. Ail in Aye Aye. COMMISSIONER CONSTANTINE: Aye. CHAIRWOMAN MAC'KIE: Opposed? Aye. COMMISSIONER CARTER: Aye. CHAIRWOMAN MAC'KIE: Motion passes three to two. SHERIFF HUNTER: May I pose one more question to this board? CHAIRWOMAN MAC'KIE: Why not? SHERIFF HUNTER: You've been very patient. May I ask the chair to ask if there are any representatives from Marco Island here today? Because I was told that they would be? CHAIRWOMAN MAC'KIE: Is there anyone in the room representing Marco Island in order to make some official presentation on their behalf? COMMISSIONER NORRIS: I don't see anybody. UNIDENTIFIED SPEAKER: I'm from Marco, but not representing that. CHAIRWOMAN MAC'KIE: The record will reflect that there was a resident of Marco here, but not an official representative. COMMISSIONER CONSTANTINE: I'd like to just repeat what I said before, Sheriff, and that is, I think we recognize, I recognize anyway, the frustration of the Marco situation. This reiterates that. And I think we're committed to working with you. And if that requires an adjustment as time goes on because Marco can't even respond to a letter, let alone to an emergency call, then I'm committed to working with you on that, make sure we don't leave out that part of the county. Page 67 August 3, 1999 SHERIFF HUNTER: And a final comment. I believe I'm correct in making this statement. This is a two-part statement. The first, I believe, is the only questionable area. My recollection is that we have received a letter after the letter that was signed by myself and Chairperson Mac'Kie. CHAIRWOMAN MAC'KIE: We have. SHERIFF HUNTER: We have received a letter stating that they will not be able to meet the January 1, year 2000 deadline as originally hoped. That's their belief. And that they wish -- this was told to me directly in a council meeting, that they do believe that this group that they're hiring is supplemental, for traffic control purposes essentially, and for backup of us if necessary on Marco Island, and as a supplemental force, they expect the sheriff's office to be there on Marco Island. With those two statements having been made, I am asking the board to reconsider the $845,000 plus that has been reduced from the budget as proposed and to consider reinstating that amount of money for purposes of the millage, setting the millage, if that has any dramatic effect. I assume at almost a million dollars, it would have some effect. I would ask that the board reconsider that so that we have that flexibility to fund those services on Marco and not put me in that position that I was in last year. CHAIRWOMAN MAC'KIE: Commissioner Berry. COMMISSIONER BERRY: Is there any way that on this particular item we can just table this item until toward the end of the meeting, and in the meantime, contact Marco Island and their city manager, Mr. Moss, or the chairman, Mr. Brandt? CHAIRWOMAN MAC'KIE: We have a letter from Mr. Brandt. COMMISSIONER BERRY: No. I want them up here personally and I want the statement made publicly in this room as to what their intentions are with our sheriff's department. I don't think it's fair to the sheriff, I don't think it's fair to this board, and I don't think it's fair to the residents of Marco Island. COMMISSIONER CONSTANTINE: I would certainly -- COMMISSIONER BERRY: I think they need to be up here, and I think they need to be up here this afternoon and make that statement in front of us. COMMISSIONER CONSTANTINE: It's certainly not, and I think the point is the 845 represents if they had -- were not going to do anything next year. I mean, if they're saying now, not January 1, does that mean February 1, March 1, does that mean never? The comment that they said it was supplemental is completely inconsistent with what they've said in the past, so I think it's a great idea. CHAIRWOMAN MAC'KIE: Mr. Fernandez. MR. FERNANDEZ: Madam Chairman, I've been confused about this subject, because when it was first mentioned to me that we had received a letter as has been described by the sheriff, I wasn't aware of that. CHAIRWOMAN MAC'KIE: You weren't copied on the letter? MR. FERNANDEZ: We had -- we had received a letter dated June the 23rd, but it doesn't say that we won't be ready by January 1st. It talks about what the intent is to not replace the sheriff's services, but to supplement the sheriff's services. It talks about that, and I have that letter here. Page 68 August 3, 1999 But I was under the impression that they were talking about an additional letter that has been recently received that says, we will not be ready by January 1st. And I don't think that letter has -- CHAIRWOMAN MAC'KIE: No. This is the letter that you've read, I know, Commissioner Carter, because you wrote me in response to it. COMMISSIONER CARTER: Right. CHAIRWOMAN MAC'KIE: We have only one letter. MR. FERNANDEZ: This is all I've received. There's another letter after this. COMMISSIONER CONSTANTINE: Which reiterates Commissioner Berry's point. COMMISSIONER CARTER: No. It actually predated that. COMMISSIONER BERRY: I still want the statement made in this room in front of this body and in front of all these individuals. COMMISSIONER CARTER: Well, they need to be here, and we need to get this resolved -- COMMISSIONER BERRY: Absolutely. COMMISSIONER CARTER: -- because if they want to buy the sheriff's services, that's fine. If they want to spend a million dollars a year, fine. Then they make sure the sheriff has that million so that he can do what he needs to do down there. COMMISSIONER BERRY: That's right. COMMISSIONER CARTER: But it is not fair to the rest of the taxpayers of Collier County to be paying for the sheriff's protection of Marco Island because they won't ante up what they need to do to get their own coverage. That's no different than Pelican Bay coming to me and saying, I'm sorry, we don't want to pay for police protection anymore. MR. FERNANDEZ: But we want the same level we've been enjoying. COMMISSIONER CARTER: But we want the same level. Of service. Pelican Bay wanted additional level of service, what'd they do? They paid the sheriff $345,000 a year for additional level beyond what he -- what he provides. So I'm sorry. I'm with Commissioner Berry. They need to be here. They need to get this resolved. COMMISSIONER CONSTANTINE: The one thing I would ask is that whomever here actually have the authority to represent the council, because we've had Mr. Moss here before who said, I can't tell you anything. I can't say. I don't know. It's not up to me. And I don't want to re-open this debate for another hour this afternoon if we're not getting anywhere. If someone on the council can come and represent the council, great. COMMISSIONER NORRIS: They won't be able to do that though without a meeting. COMMISSIONER CONSTANTINE: They may already have -- I don't know. CHAIRWOMAN MAC'KIE: Maybe they've had a policy. Maybe they have adopted a policy because -- COMMISSIONER CONSTANTINE: Maybe during the lunch break -- how about this. Maybe during the lunch break we can call, check, see, A, do they have a policy, B, can somebody come represent it to us. Then when we come back after lunch, we'll know yes, we'll hear from them later in the day, or no, we won't. COMMISSIONER NORRIS: And by the way, just to clear the record, Commissioner Mac'Kie and I teamed together and voted against the policy, but Marco Island is paying for sheriff's protection, because they now pay into the general fund, the same as the City of Naples, Page 69 August 3, 1999 under our new policy. So just to clarify the record, they are paying for their sheriff's services. CHAIRWOMAN MAC'KIE: Mr. Fernandez. COMMISSIONER NORRIS: Same as everybody else. MR. FERNANDEZ; And this is a point that we've been making to the sheriff, that they're also paying the same as the people in Looneyville. And what is the level of service that they receive? So for Marco to expect to receive the Pelican Bayesque services at the same price that they're paying -- that the people in Looneyville are paying, is not realistic. CHAIRWOMAN MAC'KIE: I think at this point we'll adjourn for lunch until two o'clock. When we get back at two o'clock, we'll decide whether or not there is somebody from Marco Island. You will contact them during the break, Mr. Fernandez, and tell us if there's somebody from Marco who can come and make a recommendation on the record. We'll be back at two. (A luncheon recess was taken.) CHAIRWOMAN MAC'KIE: We'll call the meeting back to order of the Board of County Commissioners for August 3rd, 1999. I would like to entertain a motion to table the budget items at this point. COMMISSIONER NORRIS: I will move to lay this on the table. COMMISSIONER BERRY: Second it. CHAIRWOMAN MAC'KIE: All in favor say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: It passes unanimously and we can move on to the next agenda item and come back to that. For the benefit of the public, we're waiting for the Marco officials who we expect around 2:45. Item #8B5 ACCEPTANCE OF CERTAIN EASEMENTS IN ORDER TO IMPROVE VARIOUS ROAD INTERSECTIONS APPROVED Rather than try to start the whole final order discussion or the tourist tax -- COMMISSIONER NORRIS: Tourist tax won't take long. CHAIRWOMAN MAC'KIE: It might, dang it. Continuing optimism here. What is the Summerwood PUD? Who pulled that? COMMISSIONER NORRIS: 12(C) (1)? CHAIRWOMAN MAC'KIE: Actually, this would be 8(A) (3). COMMISSIONER BERRY: Summerwood PUD. CHAIRWOMAN MAC'KIE: Staff pulled off Summerwood PUD. Can we have that one now or would you rather us wait? UNIDENTIFIED VOICE: I would rather wait. CHAIRWOMAN MAC'KIE: Okay. Then how about the impact fee, (B) (4) -- 8(B) (4)? That's the same problem. UNIDENTIFIED VOICE: Mr. Kant isn't back at this moment. CHAIRWOMAN MAC'KIE: Okay. Let's do those two then, 8(B) (5) and 8(B) (6). We've got to get something done. 8 (B)(5) is road intersection easements. MS. TAYLOR: Sandy Taylor, Road Property Management Department. Item 16(B) (4) requested the acceptance of four easements. Page 70 August 3, 1999 CHAIRWOMAN MAC'KIE: It's kind of hard to hear guys, if you don't mind. Excuse me, but it's difficult for us to hear while there is all this talking. Thanks. MS. TAYLOR: Item 16(B) (4) requested the acceptance of four easements. Since the time the item was submitted to the Board, one property has been sold. So, therefore, staff is no longer requesting the acceptance of the easement from Jaeger, Trustee -- excuse me, Richard L. Jaeger, Trustee. However, staff is requesting when we get the replacement easement, provided it is also by donation, that we get Board acceptance. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER NORRIS: I think that's Tim's item. CHAIRWOMAN MAC'KIE: No, no, no. You didn't care about that road intersection easement item, did you? COMMISSIONER CONSTANTINE: Nope. Well, I cared about it, but I don't mind that you went ahead. CHAIRWOMAN MAC'KIE: Staff pulled it off. COMMISSIONER NORRIS: Staff pulled it off? CHAIRWOMAN MAC'KIE: So is there a motion on this item? COMMISSIONER CARTER: I move. CHAIRWOMAN MAC'KIE: Somebody want to make a second? Anybody second? COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor -- COMMISSIONER CONSTANTINE: The motion is -- CHAIRWOMAN MAC'KIE: To approve the staff recommendation with regard to the intersection easement with that one tiny change. All in favor please say aye. Opposed? (No response.) Page 71 PROJECT: Intersection Improvements PARCEL NO: 101 & 801 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and between HY A. BERSHAD AND ANITA R. BERSHAD, husband and wife, (hereinafter referred to as "Owner"), and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as "Purchaser"); WHEREAS, Purchaser requires a perpetual, non-exclusive easement for road right-of-way, sidewalk drainage, utility and maintenance purposes over, under, upon and across the lands described in Exhibit "A", which is attached hereto and made a part of this Agreement; WHEREAS, Purchaser requires a perpetual, non-exclusive easement for drainage, utility and maintenance purposes over, under, upon and across the lands described in Exhibit "B", which is attached hereto and made a part of this Agreement; WHEREAS, the property described in Exhibit "A" and "B" shall be collectively referred to as the "Property"; WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions set forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: Owner shall convey the Property to Purchaser for the sum of $17,000, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided; however, that Purchaser shall have the unilateral right to extend the term of this Agreement pending receipt of such instruments, propedy executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. Conveyance of the Property by Owner is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Easement Agreement AU6- 3 1999 Page 2 Agreement, including all exhibits attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 5. Owner is aware and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 6. Owner represents that the Property and all uses of the Property have been and presently are in compliance with all Federal, State and Local environmental laws; that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically disclosed to the Pumhaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the Property to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) anYexisting or threatened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7. Owner shall indemnify, defend, save and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 6. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 8. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited to transfer, documentary and intangible taxes, and recording costs for any curative instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with the securing and recording a Subordination, Consent & Joinder of Easement of the mortgage(s) recorded against the Property from the mortgagee(s). 9. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and construed in accordance with the laws of the State of Florida. AUG- 3 1999 Easement Agreement Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this~?~,~.., day of ~ , 19 ~,~ Date Property acquisition approved by BCC: AS TO PURCHASER: ATTES.,T:it ~t DwiGRT I~. ~ROCK, Clerk ~'/,,~/~'//~'~,~,'~ De~3~ty Clerk ~D~TEI~: ,~ Witness (Sigl3ature) Name: ~ql,-~,.~l 3-. '{~ , ~~(Print.or T~p~ Witnes~S~n~tu~e)._l ' ~ ' _ ~Prin,t 6r Typ~) ' Witness (S~ture] N~me: ~l,~i ~.V,1 ~. (Print or T~) Wit~gnatu~e) Name:~ ~~ ~',~1 ~, (print ~r Typ~ BOARD OF COUNTY COMMISSIONERS J~Yarr~la S(IV~c'kie, ~'haT'rw~'~,~n " / Anita R. Bershad Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney PROJECT NO. 66065 PROJECT PARCEL NO. 101 A,tl6- 3 1999 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE EAST 62 FEET OF THE WEST 122 FEET OF THE NORTH 20 FEET OF THE SOUTH 50 FEET, TOGETHER WITH THE WEST 538 FEET OF THE EAST 568 FEET OF THE NORTH 10 FEET OF THE SOUTH 40 FEET OF TRACT 150, GOLDEN GATE ESTATES UNIT NO. 27, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 7, PAGE 17 CR-951 RNV WHITE BLVD. , (60 FT R/W) ~ I I I I I ........... j','30 FT 100 FOOT CANAL R//W 39~h STREET (60 FT R/W) ~; ','q 20 FEET ; I ' ' 62 FEET il 10 FEET TRACT 150, UNIT 27 NORTH / [I : , PROPOSED ROAD RIGHT-OF-WAY, DRAINAGE, ~ 4-.-- UTILIIY & MAINTENANCE EASEMENT I 30 FT! I 300 FEET WEBER BOULEVARD TRACT 149 BIT (60 FT R/W) I SCALE: 1 inch = 100feet Collier County Real Property Management Department 12/15/98 9:12 AM PROJECT NO. 66065 PROJECT PARCEL NO. 801 AU6- 3 1999 LEGAL DESCRIPTION & SKETCH (NOT A SURVEY) THE EAST 62 FEET OF THE WEST 122 FEET OF THE NORTH 20 FEET OF THE SOUTH 70 FEET, TOGETHER WITH THE WEST 538 FEET OF THE EAST 568 FEET OF THE NORTH 30 FEET OF THE SOUTH 70 FEET OF TRACT 150, GOLDEN GATE ESTATES UNIT NO. 27, ACCORDING TO THE PLAT THEREOF, RECORDED IN THE OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 7, PAGE 17 WHITE BLVD. (60 FT R/W) CR-951 R/W ,/ 100 FOOT CANAL 39· STREET (60 FT R/W) ~-'"~,: : * 20 FEET (DRAINAGE EASEMENT) ~ 62 FEET :~' ,~ 30 FEET (DRAIANGE EASEMENT) ~ TRACT 150, UNIT 27 TRACT 149 I NORTH ~ .: ~ , PROPOSED ROAD RIGHT-OF-WAY, DRAINAGE, ~ ~ UTILITY & MAINTENANCE EASEMENT I 30 FT~ , 300 FEET WEBER BOULEVARD (6OFT R/W) I SCALE: 1 inch = 100feet Collier County Real Property Management Department 12/15/98 10:17 AM August 3, 1999 Item #8B6 CONSTRUCTION PHASING AND GRANT APPLICATION PLAN FOR EAST U.S. LANDSCAPE IMPROVEMENTS BETWEEN DAVIS BOULEVARD (S.R. 84) AND RATTLESNAKE HAMMOCK ROAD (C.R. 864) - APPROVED CHAIRWOMAN MAC'KIE: We can do 8(B) (5) . COMMISSIONER BERRY: Six. We just did five. CHAIRWOMAN MAC'KIE: 8(B) (6). Oh, yeah, John, that's the one you pulled off. COMMISSIONER NORRIS: That's the one I pulled off. We had -- had some people from the East Naples Civic Association. I suspect that they've gone and won't be back. What happened was is they had a special meeting, which I attended. And I hope Mr. Philbin doesn't take offense to me attending a meeting. In any case, the gist of the meeting was that they would prefer to reverse the schedule and start on segment A first and apply for the grant on section B second. CHAIRWOMAN MAC'KIE: If I can add to that. Not only would they prefer it, but the effort that is ongoing with the Davis triangle redevelopment -- and for God's sake the pain and suffering these business owners have gone through along there, they should get their trees first. It's pretty darn simple. It could happen just as fast. Is there any reason not to do it that way? MR. ILSCHNER: Madam Chairwoman, for the record, Ed Ilschner, Public Works Administrator. No, we could certainly make that change without any problem at all and move it ahead in that direction. COMMISSIONER NORRIS: Then I will move to approve that change and start with section A and go secondarily to section B. COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: All in favor? Any discussion? All in favor say aye. Opposed? (No response.) COMMISSIONER NORRIS: Thank you. CHAIRWOMAN MAC'KIE: It passes unanimously. Page 72 Item #8Cl August 3, 1999 AUTHORIZATION FOR AN AMENDMENT TO THE GRANDSTAND CONSTRUCTION AGREEMENT BETWEEN COLLIER COUNTY AND THE GULF COAST SKIMMERS, INC. - APPROVED We can do 8(C) (1), which is an item I pulled off consent. It had to do with the Gulf Coast Skimmers. I pulled it off for one reason. I had asked Mr. Olliff what exactly this money was and where it is going to go. Can you tell us that? MR. OLLIFF: Yes, ma'am. For the record, Tom Olliff, Public Services Administrator. This is the continuation of an existing contract to construct the amphitheater grandstand facility at Sugden Park. It is simply an extension of the agreement that allows for payment to the contractors of the last bit of work that has actually been done. We have contract inspectors who inspect the work and can insure that the work was done. We review invoices. This is money that is budgeted and specifically set aside for that purpose. CHAIRWOMAN MAC'KIE: And basically this is money that is owed to contractors who have already performed work and the money will be paid to the Skimmers to pay to the contractors? MR. OLLIFF: Yes, ma'am. CHAIRWOMAN MAC'KIE: So that doesn't particularly trouble me and maybe you think it should be supported. I wanted to -- just since we're on the subject of the Skimmers -- tell the Board that on Monday Mr. Olliff, Mr. Fernandez, Mr. Weigel, Mr. Gursoy and I have a meeting to try to mediate some kind of resolution to the problems that have been going on out there to see if there is anything that County can do to help resolve the problems. Staff has had some wonderful recommendations and we'll be talking about those with them, and, of course, bringing anything that we're able to work out to you guys for approval. COMMISSIONER NORRIS: Motion to approve. CHAIRWOMAN MAC'KIE: You have speakers on this item? MR. FERNANDEZ: Yes, ma'am. We have three speakers. The first two are Jeff Street and David Reinertsen. COMMISSIONER NORRIS: Jeff, I think, is gone. CHAIRWOMAN MAC'KIE: Who is the next speaker? MR. FERNANDEZ: Carlye. CHAIRWOMAN MAC'KIE: Come on. COMMISSIONER NORRIS: Those two are here. MR. REINERTSEN: Hi. My name is David Reinertsen. I'm a member of the Gulf Coast Skimmers. I'm the -- I guess you would say I'm the president from the other side. CHAIRWOMAN MAC'KIE: You're the other president. MR. REINERTSEN: I'm the other president. And I don't really have any objection to the money, the funds. You know, we have some reservations. I would just like to ask the County Commission -- and I was not aware of the meeting that you're going to have with Mr. Gursoy and thought that maybe it was possible that one of us from the other side could also maybe be in on this meeting to help solve this problem more quickly. That's what I'm here about today. Like I say, I wasn't aware of that meeting that you were going to have. Page 73 August 3, 1999 item. COMMISSIONER NORRIS: That's really not the subject of the agenda MR. REINERTSEN: I know it's not really the discussion, but -- CHAIRWOMAN MAC'KIE: I appreciate the offer. If you don't mind MR. REINERTSEN: That's what I would like to do. There is some ongoing problems going on with all -- and we have tried to talk to Mrs. Ramsey and Mr. Olliff and they said they're very limited in what they can do at this time in resolving our problem. CHAIRWOMAN MAC'KIE: Thank you for that. I appreciate your taking the time to be here. And I will contact you privately, personally to discuss what role you might play. But that's not the subject of this agenda item. Thank you for putting on the record that you don't have an objection to the fund. MR. FERNANDEZ: Kent Carlye. MR. CARLYE: Carlye Kent Carlye, for the record. I have a copy of a personal check from John Gursoy -- CHAIRWOMAN MAC'KIE: Sir, can you tell me how this is going to be relevant to the item in front of us? MR. CARLYE: Yeah. It's to pay for the contractor at the amphitheater at Lake Avalon. CHAIRWOMAN MAC'KIE: But that's not relevant to our item. Our item is whether or not to put the money in the Skimmers' account so that those -- MR. CARLYE: My question is: Once it goes into the Skimmers' account, how come John Gursoy is paying it out of his personal account? I mean -- CHAIRWOMAN MAC'KIE: Sir, that's an internal item. I'm not going to allow this to get stretched into the internal workings of this corporation. Respectfully, I just can't let us go there. MR. CARLYE: Do you understand my concern though? It's not -- CHAIRWOMAN MAC'KIE: If you have problems with how the checkbook works for the Skimmers, that's a problem that this County Commission doesn't have any control over. MR. CARLYE: Okay. CHAIRWOMAN MAC'KIE: All right. I would ask if you want to talk to Mr. Olliff, if he sees a flag raised by what you have there, he'll bring it to our attention. You can count on that. MR. CARLYE: Okay. CHAIRWOMAN MAC'KIE: Thank you. Is there a motion on this item? COMMISSIONER NORRIS: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: Opposed? (No response.) CHAIRWOMAN MAC'KIE: Yes. I move for approval. Second it. Ail in favor say aye. That passes unanimously. Page 74 SUGDEN REGIONAL PARK GRANDSTAND AGREEMENT THIS AGREEMENT RE: SUGDEN REGIONAL PARK GRANDSTAND (Agreement) is entered into on this gq 3~e,.-day of ~ , 1999, between GULF COAST SKIMMERS WATER SKI SHOW, INC., (Skimmers)-'~" "a Florida Not-For-Profit Corporation, and THE BOA_gl) OF COUNTY COMMISSIONERS OF COLLIER COUNTY, (County) and sets forth the terms and conditions for the development of a grandstand facility at Sugden Regional Park, Naples, Florida. WHEREAS, the County agrees to authorize development of a grandstand facility at Sugden Regional Park located in Naples, Florida; WHEREAS, the County executed a construction agreement with the Skimmers for the same grandstand on January 7, 1997, amended this agreement to correct a scriveners error on May 4, 1997, amended this agreement to extend the term on July 28, 1998, and amended this agreement to extend the term on January 26, 1999; WHEREAS, the construction was delayed because of an inability to secure the necessary contractors to complete the work, and; WHEREAS, the Skimmers have now completed the grandstand facility located at Sugden Regional Park to the satisfaction of the County, and; WHEREAS, the final work was completed after May 31, 1999, and beyond the term of the previous agreement, and; WHEREAS, in order for the Skimmers to receive payment for the final work done on the project the agreement must be extended for an additional two (2) month period. NOW, THEREFORE in consideration of the mutual promises and covenants exchanged herein, the parties agree as follows: ARTICLE 1. Demised Premises. The premises involved consists of the southeast part of the lake as highlighted on the attached Master Plan. Article 2. Term. The term of this Agreement shall be a minimum of two (2) months commencing on June 1, 1999, and ending July 31, 1999. The Skimmers agree that all construction and improvements have been completed by July 31, 1999. Article 3. Modifications to Facility. 1. Prior to making any changes, alterations, additions or improvements to the demised premises, the Skimmers will provide County with all proposals and plans for alterations, improvements, changes or additions to the demised premises for County's approval, specifying the nature and extent of the desired alteration, improvement, change or addition, along with the estimated starting and completion time for the project, and including factual budget statements showing sufficient funding to complete any phase or 1999 phases of the changes, alterations, additions or improvements to the demised premises. If upon obtaining the County's consent and commencing said changes, alterations, additions, or improvements, the Skimmers fail to complete its work within the completion time as approved by the County, County may, at its election, complete said changes, improvements, alterations or additions, in which event all improvements will belong to the County free and clear of all liens or claims. 2. The Skimmers covenants and agrees in connection with any maintenance, repair work, erection, construction, improvement, addition or alteration of any authorized modifications, additions or improvements to the demised premises, to observe and comply with all present and future laws, ordinances, roles, regulations and requirements of the United States of America, State of Florida, County of Collier and any and all governmental agencies having jurisdiction. 3. All alterations, improvements and additions to said demised premises shall be made in accordance with all applicable laws and shall at once, when made or installed, be deemed as attached to the freehold and to have become property of County and shall remain for the benefit of County at the end of the term or other expiration or termination of this Agreement in as good order and condition as they were installed, reasonable wear and tear accepted. If, prior to the termination of this Agreement, or within thirty days therea~er, County so directs, the Skimmers shall promptly remove all construction materials, debris and equipment. County may effect said removal at the Skimmers' expense upon Skimmers' failure to timely and/or fully remove all such materials, debris and equipment upon notice by County. 4. Upon commencement of this Agreement, the Skimmers shall construct the grandstand facility as described above on the demised premises in a business-like and responsible manner, and the Skimmers actions shall not conflict with County's regular control and daily operation of the Sugden Regional Park. County will continue to maintain regular activities and services at the Park, but will not cause any delay to the construction of the grandstand. 5. The Skimmers covenants and agrees not to use, occupy, suffer or permit the Park or any part thereof to be used or occupied during the construction of the grandstand facility except for the grandstand facility. Article 4. Access to Construction Site. County, its duly authorized agents, representatives and employees shall have the right after reasonable notice to the Skimmers, to enter into and upon the demised premises at all reasonable hours for the purposes of inspection. Article 5. Indemnity and Insurance. In consideration of Ten Dollars ($10.00), the receipt and sufficiency of which is acknowledged by signing of this Agreement, the Skimmers covenants and agrees that it will defend, protect and save and keep County forever harmless and indemnified against and from any claims, suits, and actions, penalty, damage, injury, cost, attorney's fees and other charges imposed for any violation of any law or ordinance, whether occasioned by the neglect of the Skimmers or those holding or acting under Skimmers, and that Skimmers will, at all times, defend, protect, indemnify and save and keep harmless County against and from all claims, suits and actions, loss, injury, cost, attorney's fee, damage and 2 expense arising out of or from any accident or other occurrence, on or about the demised premises causing injury or death to any person or damage in loss of personal property whosoever and whatsoever during the term of this Agreement and all extensions hereof. The S. kimmer's obligation under this provision shall not be limited by Skimmers limit of, or lack of, insurance protection. The Skimmers shall obtain and maintain with a reputable insurance company, at its sole cost and expense, public liability insurance against property damage or personnel injury arising out of the construction and use of the grandstand facility. Said insurance must specify detailed coverage on the grandstand facility. 2. The Skimmers and/or Skimmers' general contractor shall take out and maintain during the course of this Agreement, comprehensive general liability insurance coverage, including bodily injury and property damage, in the amount of not less than $1,000,000 combined single limits. The Board of County Commissioners of Collier County shall be listed as an additional insured on said policy. 3. The Skimmers and/or Skimmers' general contractor shall comply with Florida's Worker's Compensation Law. The insurance coverage shall be for statutory limits in compliance with the applicable state and federal laws. The policy must include employer's liability with a minimum limit of $100,000.00 each occurrence. 4. All insurance policies required shall be issued and written with a company or companies authorized to engage in the business of general liability insurance in the State of Florida and authorized to do business under the laws of the State of Florida, with the following qualifications as to management and financial strength: The Company must be rated no less than "A" as to financial rating in accordance with the latest edition of the Best's Key Waiting Guide published by AM Best Company, Inc. 5. The Skimmers and/or Skimmers' general contractor shall deliver to County customary insurance certificates of insurance prior to the construction of the grandstand facility which certificates shall clearly indicate and evidence such paid up insurance and that said general contractor has obtained insurance in a type, amount and classification as required for strict compliance with this Agreement. The said general contractor shall agree to make no changes, or cancellations of the insurance without thirty (30) days prior written notice to County. The said general contractor shall assure that the insurance coverage provided shall require the company or companies writing such insurance policy shall provide to County, written notice of cancellation thirty (30) days prior to any such proposed cancellation. County reserves the right to reasonably amend the insurance requirements by issuance of notice in writing to the general contractor. Said insurance shall not exceed that required by the County for similar projects... Upon receipt of such notice the General Contractor shall have thirty (30) days in which to obtain such additional insurance. Article 6. Utilities. The Skimmers will be responsible for all utility service charges during the construction of the grandstand facility. Article 7. Development. Skimmers shall be responsible for the retention of all necessary professionals, contractors and subcontractors, etc., to complete the construction of the grandstand facility. All of same shall be legally licensed to do business in Collier County and possess valid Occupational Licenses. Skimmers shall be responsible for all payments to all of same and does hereby and shall indemnify and hold harmless County for any claims against County arising out of the construction of the grandstand facility. Skimmers shall use all due diligence to attempt to obtain reasonable bids and quotes for each phase of construction of the project. County may review all bids received by the Skimmers. The facility must be designed as shown in the attached Site Plan. Article 8. Financing. 1. County agrees to contribute to the development of the facility in the amount of $47,138.41 for the remaining construction of the grandstand facility. This amount represents the remaining unspent balance of the project funds and an additional $4,000, which roughly equates to the additional interest earned on the unspent balance. The Skimmers covenants and agrees that it will continue to solicit contributions and donations from other members of the community to help offset the expense of the construction of the grandstand facility. They shall provide the County with written updates as to the financing and expenditure of County funds for this project. The County reserves the right upon reasonable notice to audit the account or accounts for the construction project. 2. Payments shall be made to the Skimmers within 30 days of receipt of a summary invoice and the supporting invoices from the project's general or sub-contractors, and upon satisfactory review by the County or its authorized representatives. Due to the inordinate delay in permitting this project, invoices may be dated prior to the term of this agreement upon satisfactory review by the County or its authorized representative that the work was performed toward the design, permitting or construction of the grandstand facility. Article 9. General Provisions. 1. The Skimmers fully understands that the police and law enforcement security protection provided by law enforcement agencies for the above-referenced demised premises is limited to that provided to any other business or agency situated in Collier County, and acknowledges that any special security measures for additional protection of the demised premises shall be the sole responsibility and cost of the Skimmers and shall involve no cost or expense to County. 2. Skimmers agree that the facility shall be open to the public; however, t~he Skimmers shall have priority use of the facility for activities, performances, practices, events, and or programs after County activities are scheduled as long as Skimmers remains a not-for-profit corporation in good standing and maintains an active roster of at least twenty-five (25) youths who are 19 years of age or younger. It is hereby agreed that a schedule of dates for activities, performances, practices, events, and or programs shall be established in advance by both the County and the Skimmers so as to avoid scheduling conflicts. This schedule must be agreed upon no later than 30 days prior to event, league, or program. Skimmers expressly agrees for itself, its successors and assigns, to refrain from any use of the demised premises that 4 0 would interfere with or ~D1versel¥ a,ffect the operation or maintenance of the CouD%y~$ operations at the p~k. Article 10. Termination ~ Should the Skimmers' general contractor be found to have failed to perform his services in a manner satisfactory to the County as per Specifications, the County may terminate this Agreement immediately for cause with a fourteen (14) day written notice. The County shall be sole judge of non-performance. County shall be responsible for payment of all work performed up to the date of termination. Article 11. Effective Date This Agreement shall become effective upon execution by County and Skimmers. IN WITNESS WHEREOF, the parties hereto have hereunder set forth their hands and seals. As to County: Dated this ~ ~ day of ' :' 1999 Attar: '~ Dwelt El Brock, Clerk Of Courts As to s~Crs:' '" Attest as to Chatr n'$ Dat~ t~s ~ / ~ day of ,~- ~ 1999 ~prov~ ~ to fora ~d leg~ciency~ / _~ ~a~d ~. Weigel '~un~ Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA Gulf Coast Skimmers ~ter Ski Show, $ohn"V. Gursoy, Pres~6nt (Corporate Seal) Inc. 5 August 3, 1999 Item #8B4 AMENDMENT TO THE TRANSPORTATION, EMS AND LIBRARY IMPACT FEE UPDATE AGREEMENT WITH TINDALE-OLIVER AND ASSOCIATES, INC. - APPROVED Just to go -- MR. FERNANDEZ: Mr. Kant is now here. CHAIRWOMAN MAC'KIE: Who is? MR. FERNANDEZ: Mr. Kant. CHAIRWOMAN MAC'KIE: So we could do the impact fee. COMMISSIONER NORRIS: 16(C) (8) is laying there. CHAIRWOMAN MAC'KIE: Right this second we've got 8(B) (4) and then COMMISSIONER NORRIS: Okay. CHAIRWOMAN MAC'KIE: 8(B) (4). Mr. Kant. MR. KANT: Good afternoon, Commissioners. Edward Kant, K-a-n-t, Transportation Services Director. This is an item that has been with you before. In February you approved a contract for an update to the transportation EMS and library impact fees. At that time staff told you we would be returning for an amendment to that agreement. This is that amendment which will -- the main item of that is to add a task item for the development of an administrative procedures manual and to amalgamate or clarify all the ordinances so they are very consistent from one to the other. CHAIRWOMAN MAC'KIE: Can I interrupt you, Mr. Kant? Basically all this does is just authorize the staff to hire our consultant to do this additional work that we've already asked them to do. I had a question -- MR. KANT: That's correct. CHAIRWOMAN MAC'KIE: This was a close call to me on whether or not it was a consent agenda item. I know the Board is familiar. Are there questions? COMMISSIONER NORRIS: COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: Opposed? (No response.) CHAIRWOMAN MAC'KIE: MR. KANT: Motion to approve. Second. Ail in favor please say aye. It passes unanimously. Thank you, Commissioners. Page 75 AMENDMENT TO AGREEMENT BETVVEEN COLLIER COUNTY, FLORIDA AND TINDALE-OLIVER AND ASSOCIATES, INC. (AGREEMENT 98-2843) AMENDMENT #1 ~,U6 0 3 ~ This Amendment dated ~.~1~~7~, ,1999, to the referenced agreement shall be by and between the parties to theCoriginal agreement, Tindale-Oliver and Associates, Inc. (to be referred to as "Tindale-Oliver") and Collier County, Florida (to be referred to as "the County"). This amendment is the product of the following circumstances and events: 1. RFP #98-2843 was awarded to Tindale-Oliver by the Board of County Commissioners on February 23, 1999, Agenda Item 8B(2). The Executive Summary for the Award stated that staff would return to the Board for approval of a contract amendment for additional services, and that it was critical that the consultant start the original work as soon as possible. 3. The original contract was signed by the parties on February 23, 1999. Delete Exhibit A, "Scope of Work" and replace it with the attached Revised Scope of Services and Fees. The additional services will consist of a new task, Task 5, to revise and update the existing ordinances and to provide an Administrative Procedures Manual. 5. Amending Paragraph 4, the length of time to complete the additional services shall be an additional four months, for a total contract time of fourteen months. 6. Amending Paragraph 7, the additional cost of such services will be $99,485.00, for a new total contract amount of $206,579.00 All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, Tindale-Oliver and the County have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written." .. ATTEST: - ' Dwight E. Brock, (~'lerk of Courts By: 'Dated: Witness D&anne E. ~ee PrinEtype Witness Name BOARD OF COUNTY COMMISSIONERS TINDALE-OLJVER AND ASSOClA~TES, INC Printed/typed Name: Steven A. Tindale Printed/typed Title: President CORPORATE SEAL Approved as to~ form and Legal sufficiency: H~i'di F'C~ht~'n ' ' Assistant County Attorney EXHIBIT A SCOPE OF SERVICES AND FEE Revised July 14, 1999 In troduction Collier County desires an update to its Transportation, Library, and Emergency Medical Services impact fees, standardization of the format and content of all of its impact fee ordinances, and development of an administrative procedures manual to address the administration of all impact fees. The administrative procedures manual must standardize the fee appeal procedures and internal processing of impact fee appeal reviews. The tasks to be accomplished by the CONSULTANT are described in the sections below. Following the task descriptions, issues to be addressed in the update pertaining to each of the three impact fee subject areas are identified. We will develop rational nexus fees, which associate the magnitude of fee with the magnitude of the demand for services imposed by development. This logical basis has been tried and found legally defensible, and is widely accepted. The proposed fees will be responsive to, and based on the adopted local government comprehensive plan. The Plan goals and policies should reflect changing trends in technology, methods of delivery of services, financial partnerships, and expected changes in the population and economic character of the community. We will rely on Collier County staff to clarify and confirm the standards of service, the location and magnitude of growth, and the strategy and facilities needed to meet the Goals of the Plan. No local government comprehensive plan, as mandated by Rule 9J-5 of the Florida Administrative Code, is required for Libraries or EMS services, but we understand standards for these services exist and will form a basis for the fees to be assessed. In addition, we will need for the County to provide records of services provided or, if records are unavailable, to conduct surveys or keep records as a part of their routine daily activities to provide a measure of services provided. Task One: Review of Current Fees, Plans, and Issue Identification To ensure that the updated impact fees are solidly rooted in the Comprehensive Plan, or other formally adopted standards for service delivery, the initial task of our study will be to review the ordinances, administrative procedures manuals, and technical documents supporting the currently adopted fees and to compare them with the current local government comprehensive plan. Standards for service delivery, the forecasted costs to provide the services and facilities, and the current financial plans to provide the services and facilities will be reviewed. Differences between current goals and objectives, standards, and financial plans and the current impact fee program will be noted as key areas for resolution dudng the update study. We will also draw from our experience to identify unaddressed issues and to compare conditions and standards in Collier County with those of other communities. 77ndale-Oliver & Associates, Inc. July 15, 1999 C:~WINDOWS~ TEMPVev-scope. doc Collier County 1-1 Impact Fee Following our review of the available documents, we will review the "key issues" with each "discipline director" to confirm the importance of each issue and to iclenti~ any other specific issues that need to be addressed. Following these disc~ussions, the "key issues" will be summarized in a technical memorandum to guide the analyses to be undertaken in Task Two. Task Two: Data Compilation and Analysis Task Two encompasses the technical analyses that support the fee schedules to be adopted. In this task, we will coordinate with appropriate County staff to obtain the needed data in usable formats, analyze the data, and produce initial proposed fee schedules. The needed data will include, but not be limited to, records on requests for services including time of day for EMS service calls, land use originating service request calls, and category of user for library services, and construction, design, and right-of-way acquisition costs for historical roadway improvements. In addition, field studies will be undertaken at up to ten sites for trip generation, trip length, and percent new trips in this task. In this task, we will also meet with County staff currently involved with assessing and collecting all impact fees to learn how the fees and fee appeal petitions are administered. As a result of this task, the standards, unit costs, unit demand, credits, and other parameters used to compute the impact fees will be updated, enabling the computation of an initial fee schedule. During the analysis, additional policy issues are likely to be identified, which will be noted for resolution by the technical team or for consideration by the Board of County Commissioners as matters of policy. Task Three: Legal Review and Develop Recommended Fee Schedules In Task Three, the preliminary fee schedules developed in Task Two will be reviewed with County staff. The effects of various policy options will be explored relative to funding needs, and County staff will guide the development of the fee schedules, ordinance changes, and administrative procedures based on the issues identified in Tasks One and Two. The non-legal CONSULTANT team support of the legal sufficiency review will be undertaken in this task, as will support of the necessary ordinance amendments and preparation of the Administrative Procedures Manual by non-legal Consultant team members. "Camera-ready" draft technical support documents will be prepared and provided to the County for review, reproduction, and distribution to interested parties prior to the public hearings. -The technical support documents will be finalized following Board of County Commissioners' adoption in order that they can document any last-minute changes. Task Four: Meetings and Public Hearings TTndale-Oliver & Associates, Inc. July 15, 1999 C,'~ WINDO WS~ TEMPirev-scope. doc Collier County 1-2 Impact Fee AU6 0 3 The fourth task provides for monthly progress meetings and presentatioas to the Board of County Commissioners. Eleven (11) day-long trips to Collier CouDty have been included in the budget for the County to use as it deems best. We propose eight (8) or nine (9) monthly project management/workshop meetings with County staff plus two (2) to three (3) public meetings with the Board of County Commissioners or others. Task Five: Ordinance Revisions, Updates and Reformatting Subtask A: Review Twenty Impact Fee Ordinances for Eight Substantive Areas County staff has supplied us with twenty (20) impact fee ordinances covering eight (8) substantive areas as follows (the ordinance numbers, where known, are included parenthetically after each substantive area): (1)Roads, (2)EMS, (3)Library, (4)Education, (5)Parks and Recreation, (6) Water/Waste Water, (7) Fire, and (8) Correctional Facilities. We will review each of these ordinances to identify preliminary issues, concerns or areas of possible revision. Much of this review will be to prepare for the meeting with County staff identified in the next task, and therefore will focus on coordination of each these ordinances in the areas of the decision-making process, the decision-maker, appeals procedures, application requirements and process, and other areas which may allow for coordination, consolidation or unified reformatting of these ordinances. The County will be responsible for immediately providing all impact fee ordinances which have not been previously reviewed. Subtask B: One Meeting with Staff We will attend one meeting with County staff to discuss its preliminary review conducted in the prior task. The focus of this meeting will be to explore the coordination and/or consolidation of the 20 ordinances into either a single ordinance or into eight ordinances (a single ordinance for each substantive area). Substantive areas of discussion at the meeting will include the decision-making process, the decision- maker, the appeals process, and application requirements and process, as well as other areas which the consultant or County staff may wish to discuss in this context. We will send a letter confirming any consensus reached at the meeting on these issues as a follow-up to the meeting. Subtask C: Outline of Revised Ordinance Format(s) After our review and meeting with County staff, we will proceed with a detailed review of the twenty ordinances in the context of reformatting them to a unified format. We will evaluate the feasibility of coordinating, consolidating and/or unifying all or part of the ordinances, generally in accordance with the consensus reached at the prior meeting with County staff. The outline will reflect either a single outline of a revised ordinance format or eight outlines of revised ordinance formats for each of the eight substantive areas. The outline is intended to provide sufficient detail to allow the County staff to understand the proposed format(s) and the general description of the subject matter contained in each section. 77ndale-Oliver & Associates, Inc. July 15, 1999 C:~WINDOWS~ TEMPVev-scope. doc Collier County 1-3 Impact Fee Subtask D: One Meeting with Staff We will attend one meeting with County staff to discuss the outline of the revised ordinance format(s). This meeting is intended to flush out more detailed information concerning the decision-making process, the decision-maker, ~ppeals process, application requirements and application procedures, as well as other formatting issues. We will not be responsible for addressing, evaluating or making any substantive changes, methodology changes or fee schedule changes to any of the ordinances except to the extent specifically and expressly stated in this scope of services. The foregoing notwithstanding, we may, in our sole discretion, address, evaluate or make substantive changes acceptable to the County, especially in those areas that may be incidentally affected as a result of the reformatting or procedural revisions. Subsequent to the meeting, we will provide to County staff an final outline revised in accordance with any consensus reached at the meeting. This final outline will be used to draft the revised format for the proposed ordinance(s). Subtask E: Draft of Revised Ordinances (not including Road Impact Fee) Based upon the final outline of the proposed ordinance format(s), we will prepare the draft ordinance(s) for seven of the eight substantive areas (EMS, Library, Education, Parks and Recreation, Water/Waste Water, Fire and Correctional Facilities) (not including Roads). These draft ordinance(s) will incorporate the concepts of the final outline and the substance of the existing respective ordinances in each of the seven respective substantive areas. It will also incorporate the County's existing fee schedules, except that it will include the fee schedules (if available) prepared by the consultant for Library and EMS. It will also include any other substantive changes for Library and EMS that have been prepared by the consultant and approved by the County Staff or the County. Subtask F: Draft of Revised Ordinance for Road Impact Fees We will conduct a legal sufficiency review of the road impact fee issues and policies and provide legal advice concerning these issues. [Note: The foregoing is a repeat for clarification of part of the TOA Task Three] We will also incorporate any substantive changes and revised fee schedules prepare by the consultant and approved by County staff or the County into a newly revised and reformatted ordinance for road impact fees. The format will attempt to mirror the format for the other ordinances, or it may be consolidated into one ordinance along with the other substantive areas. Subtask G: One Meeting With Staff We will attend one meeting with County staff to discuss the draft ordinance(s) for all eight substantive areas. This meeting is intended to review in detail the County staff's revisions to the draft ordinance(s) prepared in Subtasks 5E and 5F above. It is anticipated that County staff will provide us with proposed changes in written form in sufficient time for us to review and evaluate same and be prepared to discuss same at the meeting. As a follow-up to the meeting, we will attempt to clarify with County staff 73ndale-Oliver & Associates, Inc. July 15, 1999 C:~WINDOWS~ TEMP~rev-scope, doc Collier County 1-4 Impact Fee any questions or issues concerning ordinance(s). Subtask H: Final Ordinances proposed revisions prior to drafting the final Based on the consensus reached at the prior meeting with County staff, we will prepare the final ordinance(s) for all eight substantive impact fee areas. The final ordinance(s) will be coordinated with County staff and the County Attorney's Office, will incorporate any substantive changes which were the responsibility of the consultant, and will include the revisions discussed above. The intent of this task is to have a final ordinance(s) ready for the public hearing adoption stage. Subtask h Four Public Hearings We will attend up to four (4) public hearings before the County Planning Commission and the Board of County Commissioners for adoption of the final ordinance(s). This task will include minor revisions to the final ordinance(s) that may be required during the public hearings. It will not include major substantive changes or redrafts. Subtask J: Draft of Administrative Procedures Manual (APM) Based on the final ordinance(s) adopted by the Board of County Commissioners, we will draft an administrative procedures manual for the ordinance(s). The APM will cover all eight substantive areas, including explanations and direction concerning applications, procedures, decision-making and the like. Technical information provided by the County or developed by the consultant as part of this scope of services will also be included where appropriate. Subtask K: One Meeting With Staff We will attend one meeting with County staff to discuss the draft Administrative Procedures Manual. The focus of this meeting will be to discuss the detailed provisions of the APM and any revisions to same. Subtask L: Final Administrative Procedures Manual Based on the draft APM and the meeting with County staff, the consensus revisions will be incorporated into the final APM. We will work with staff to resolve any remaining issues with the APM and finalize the revisions. A final Administrative Procedures Manual will be delivered to County staff. -~ Transportation Issues Since the current impact fee was adopted, Collier County's Long-Range Transportation Plan has been updated to include several grade-separated interchanges. A strategy for funding these high cost facilities will be defined, and the unit cost of road construction 73ndale-Oliver & Associates, Inc, July 15, 1999 C : t WIN DO WS ~ TEMPVev-scope. doc Collier County 1-5 Impact Fee :RUG 0 3 tggg will be updated taking into consideration recent County road improvement experience. A review of the impact fee benefit districts will also be undertaken. : Gasoline tax credits will be reviewed and updated to reflect the cut'rent allocation of gasoline taxes to road construction. This will address the newly enacted five cent local option gasoline tax, as well as information the Florida DOT may be able to provide relative to enhanced TEA-21 funding. In addition, greater refinement of land uses in the fee schedule is desired, and Collier County staff has received special studies of unique land uses which will be reviewed for incorporation into the technical aspects update. Inclusion of a general commercial land use category will be considered and guidelines for its applicability will be developed. TOA has also undertaken many studies of site trip-making characteristics since 1992, when the previous technical study was completed. We will draw from this database to update and enhance the current fee schedule. Library Issues The Library impact fee requires an update to reflect advances in technology, current strategies for delivering library resources, and recognition of the demands made by businesses. Computers and access to the Internet are changing the way libraries store and retrieve information. Instead of subscribing to printed materials, subscription to internet services is becoming the mode of staying current with information. This change in technology requires expenditures for equipment and communications media which will be addressed in the impact fee structure. In addition, the County library system is finding it more cost-effective to provide fewer, but larger, "regional" libraries rather than many, but smaller, branch libraries. Finally, the current fee charges only residential uses and exempts businesses. However, businesses are increasing their usage of the public library system as can be evidenced by information requests fielded by library staff. Collier County's standards will also be compared to those of other communities and those published by the Florida Library Association's Public Library Standards Working Committee. Emergency Medical Services (EMS) Issues The EMS system share facilities with the fire protection services in Collier County, which are largely independent fire districts. In addition, the communications used by the EMS system make use of a centralized dispatch for all emergency services for the entire County. Further, management strategies such as joint response vs. single vehicle response are being implemented as well. These working relationships will require careful evaluation of the financial accounting for the costs of vehicles, their attendant equipment, and housing facilities. The allocation of fees between residential and non-residential land uses will be based on the "functional population method" which evaluates the number of individuals and the time duration spent at different types of land use facilities. This information will be compared to the time and frequency of calls by time of day to evaluate an appropriate allocation of costs between residential and non-residential land uses. 77ndale-Oliver & Associates, Inc. July 15, 1999 C:~WINDOWS~ TEMP~rev-scope. doc Collier County 1-6 Impact Fee Growth ~llo¢~tion ~nd changes in population trmnd$ ~ill ~15o be considered in the ~n~ly$i$ because the population of Collier County is beginning ~ trend to f~mily-ori~nted population. , Tindale-Ofiver & Associates, Inc. July 15, 1999 C:~WINDOWS~ TEMPVev-scope. doc Collier County 1-7 Impact Fee FEE AND PROPOSED FEE BASIS The proposed fee for the Study is $89, 379. This fee is an estimate based upon our experience in doing impact fee update studies in other communities, and is subject to revisions once the extend of available data is ascertained. We are flexible on our contract approach. It may be appropriate in the early phases to enter in a master contract with initial work orders to assess the level of analyses necessary to accomplish the specific technical analyses required to support he impact fees. Included in the fee estimate are nine monthly meetings in Collier County to report of project progress, and two public presentations before the Board of County Commissioners. A summary of the budget allocated to the major task elements is provided below. In addition, there is $84,700 for the review of 20 ordinances for the eight (8) substantive areas. Additionally, if there are land uses for which local staff feel travel characteristics are unique, and for which we have not previously undertaken studies in other counties, field studies can be undertaken to verify and document those unique characteristics. The number of land uses for which Collier County desires field studies of trip rate, trip length, and percent new trips is not indicated the Request for Proposals, so a fee per site of $3,250 is also proposed. Proposed Fee Engrl Prin PM Sr Engr Planner Tech Clerical Arty ACN Exp Task Budget $146 $139 $90 $56 $35 $31 $165 $150 Task 1: Review Documen~ Task Total: $7,898 Task Total: $24,860 Task Total: $28.539 Task 4: ........ a- and Public Presentations /Ionthly Coordination/Proqress Meetieq~ ITOA) 40 72 $1~13C ~16~943 ~tonthh/Coordination/Proqrsss Meetinqs {I-M) $71 $71 ,tnnthlv Coordinntinn/Prnaress M~tinn~: 1{*'4~A~ 1{ ~g26 $3326 )repare for Public Meetinqs 2 4 6 4 $10C $1.271 {O(';,C, pr~nt~tinn,~ I?~ 16 16 81 $714 $6.465 Task Total: $28.082 Job Totals: ~89r379 Task To~l: $3.250 0 ADDITIONAL FEES OUTLINE OF ICARD, MERRILL SCOPE OF SERVICES AND BUDGET BUDGET HOURS TASK 7,000 42.5 hrs 5.A. Review 20 ordinances for 8 substantive areas: 1. Road (3) 2. EMS (1) 3. Library (5) 4. Education (3) 5. Parks and Recreation (4) 6. Water/Wastewater (2) 7. Fire (1) 8. Correctional Facilities (1) 1,600 9.7 hrs 5.B. One (1) meeting with staff re: decision process, decision maker, appeals, etc. (includes preparation and follow-up) 21,000 127.5 hrs 5.C. Outline of revised ordinance formats for A-G (reformatting only) 1600 9.7 hrs 5.D. One (1) meeting with staff re: outlines (includes preparation and follow-up) 18,000 109.0 hrs 5.E. Draft of revised format for ordinances for B-G (reformatting only) 6,900 42.0 hrs 5.F. Draft of revised ordinance for A (reformat and substantive changes) 1. Legal issues 2. Drafting 1,600 9.7 hrs 5.G. One (1) meeting with staff re: all revised ordinances (includes preparation and follow-up) 7,000 42.5 hrs 5.H. Final ordinances for A-G 6,400 39.0 hrs 5.1. P.C. and BOCC adoption hearings (4) (including minor, but not major modifications) 10,000 60.5 hrs 5.J. Draft Administrative Procedures Manufd for revised ordinances A-G 1,600 9.7 hrs 5.K. One (1) meeting with staff re: APM (includes preparation and follow-up) 2,000 12.2 hrs 5.L. Final APM $84,700 514.0 hrs ICARD MERRILL CULLIS TIMM FUREN & GINSBURG, P.A. TOTAL BUDGET ONLY SCHEDULE AND MANAGEMENT PLAN The proposed Scope of Services is divided into four major project phases, as iljustrated in the Gantt chart below. The first two-month phase involves reviewing the existing fee ordinances, administrative procedures, fee schedules, adopted comprehensive Plans, and Capital Improvement Programs. Countywide growth projections and demand estimates will be reviewed and the logical premises for assessing impact fees for each service area will be developed. The standards adopted in local government Comprehensive Plans will also be reviewed and the magnitude of existing deficiencies and projected deficiencies will be identified. A summary of key policy issues and data needs will be presented with a Technical Memorandum. This memorandum will serve as a guide for the philosophical and legal approach to updating the fee programs and to identify potential changes that may be necessary in the way the County does business. Once the logical premises for assessing impact fees are established, then the second phase begins. Data regarding current facility inventories, demands, and capacities of the existing infrastructure will be compiled and the financial capability to expand the services to serve future growth will be reviewed. In the process of this analysis, the demand for services generated by each unit of land development activity will be evaluated and appropriate credits quantified. This phase of the schedule will culminate six months into the study schedule with the quantification of administrative, policy, and technical issues and the preparation of initial fee schedules. The third phase of the project will require one to two months, and involves working with County staff to discuss adjustments to County policies and administrative procedures to implement the alternative impact fee schedules. Upon determining the appropriate policy direction, the technical analyses supporting the impact fee will be used to generate alternative fee schedules, and decisions will be documented and reviewed for legal sufficiency. The fourth phase of the project involves presenting the proposed schedules to the Board of County Commissioners in a series of workshop sessions. This phase culminates in the adoption of the modified impact fees and updating ordinances and administrative procedures to guide the appropriate administration of the updated fees. Collier County Impact Fee Update Study Project Schedule I 1999 - 2000 Task July Au~ Sept Oct Nov Dec Jan Feb Marcl' The Management Plan involves communication, scheduling and deliverables and quality control. All project communication will be channeled between the County's Project Manager and the Consultant Project manager, Bill Oliver. Mr. Oliver will coordinate with various team members to ensure continuity of work effort and consistency of philosophy among the team members and technical tasks. We also recommend establishing a Steering Committee of the four key County "discipline directors" - Phil Tindall, Ed Kant, John Jones, and Diane Flagg - to provide for continuing project management and leadership. Project management meetings will be held with this committee on a regularly scheduled monthly basis to review progress and to resolve issues. AU6 0 3 FJ99 These monthly meetings may be expanded into workshop sessions with other County staff as the need arises. As the outset of the project, a major milestone schedule will be developed. Monthly status reports will be submitted with invoices indicating major tasks accomplished during the preceding month and identi~ing tasks that will be accomplished during the upcoming months. In this way, the County Project Manager will be able to monitor the progress of the Consultant throughout the duration of the project. Project management also involves quality control and quality assurance. Quality assurance reviews are undertaken through a peer review process and by comparing findings of the technical analyses with those of other Counties. From our work in other Counties, we are aware that certain ranges of values for unit costs and demands are typical of many communities. While some communities have unique characteristics which require that demands and unit costs differ, we also know that certain ranges of values are typical If values fall outside of commonly encountered ranges, additional investigation and explanation are in order. Quality control is an attitude that begins with the individuals working on the project. Staff meetings are held regularly to ensure that each team member understands the tasks they are assigned to do and how they fit in with the overall project objectives. J:/07304\Docs\Schedule and Management Plan.doc August 3, 1999 Item #8C2 APPLICATION FEE FOR A MATCHING $10,000 URBAN AND COMMUNITY FORESTRY GRANT - APPROVED CHAIRWOMAN MAC'KIE: Let's do now -- let's see. It would be 8(C) (2), which was formerly 16(C) (8) that we've got before us. Commissioner Constantine. COMMISSIONER CONSTANTINE: Can I just ask a question procedurally here? CHAIRWOMAN MAC'KIE: Oh, yeah. COMMISSIONER CONSTANTINE: We haven't done 8(A) (1) or (2) or (3). CHAIRWOMAN MAC'KIE: Uh-huh. COMMISSIONER CONSTANTINE: How come we're -- CHAIRWOMAN MAC'KIE: You were out of the room. But (1) and (2) are too long while we're waiting for Marco' Island people to get here at 2:45. And (3) the staff was not prepared at the moment that we called it. We'll come back to it right after this one. COMMISSIONER CONSTANTINE: 16(C) (8). Is that the one? COMMISSIONER NORRIS: Yes. MR. OLLIFF: Again, for the record, Tom Olliff, Public Services Administrator. Item 16(C) (8) is a request for the Board to authorize an application for a $10,000 urban and community forestry grant. The grant does request a $13,400 match on the part of the County, but it also does recognize that there are $31,000 that have been donated in private funds for this project, as well, as well as $7,000 of in kind donations from local landscape firms. COMMISSIONER CONSTANTINE: This is $13,400 of local money will go towards making a vegetable garden or some sort of garden? CHAIRWOMAN MAC'KIE: Private money, am I right? MR. OLLIFF: The $13,400 is actually the general fund match portion that we're requesting as part of this grant application. There are a series of gardens that have been planned at the extension center and they are termed learning gardens. They are gardens designed to have the public go out and learn how to do garden projects at their own home that will be anywhere from the -- the first one that is already in place is a recycling garden. It shows you how to use recycled materials, whether it be mulch or recycled tire materials or those kinds of materials to a Xeric garden, which is one of the ones that is planned in this phase to show the public exactly what are Xeric plants, how to plant them, how to do your yard in a Xeric fashion. So there are a number of educational-type gardens that are being planned. CHAIRWOMAN MAC'KIE: Is there any way that the match can be from private dollars or does it have to be County general fund match? MR. OLLIFF: No, it doesn't have to be from County general fund match. I think in order to get the funding necessary to do all of phase one, the additional local match was being requested. COMMISSIONER CONSTANTINE: I think in order for me, anyway, to be consistent with what I have done on other funding issues like this where they might be great ideas, but they don't fall under health, safety and welfare by any means, I can't support it. It's not a big dollar item. It's just -- COMMISSIONER CARTER: Tom, how many people actually participate and go and look at these gardens; do we have any kind of data that says that this is something that people even know about and utilize? Page 76 August 3, 1999 MR. OLLIFF: I don't have numbers. The only garden that is currently up and running is the recycling garden. And I would say that in and of itself is probably not a draw that is going to get people to go out to where the extension office is. CHAIRWOMAN MAC'KIE: That's the problem. If it were something on this campus or somewhere more in the urban area, but it's so far out there. I don't know who is going to be accessing it. COMMISSIONER BERRY: Well, remember, too, you're looking at 4-H projects. CHAIRWOMAN MAC'KIE: Is this a 4-H project? MR. OLLIFF: This is a 4-H project. And I will tell you -- COMMISSIONER BERRY: And it's perfectly legitimate that it should be out there at the County extension office. And I'm sitting on that foundation board and there's -- CHAIRWOMAN MAC'KIE: That's a different story. COMMISSIONER BERRY: -- a lot of interest in this particular aspect. COMMISSIONER CARTER: 4-Hers do participate in this process? COMMISSIONER BERRY: That's my understanding of it. They are going to be the ones for the most part that are going to be tending and learning with this particular item. MR. OLLIFF: They will tend and teach. As well, you need to recognize there are several thousand members of your master gardener program who will be involved in the production of these gardens and maintenance of these gardens, as well. CHAIRWOMAN MAC'KIE: So is there any further discussion or a motion on this matter? COMMISSIONER CARTER: I move we accept staff's recommendation. COMMISSIONER BERRY: I second it. CHAIRWOMAN MAC'KIE: Discussion? All in favor say aye. COMMISSIONER BERRY: Aye. COMMISSIONER NORRIS: Aye. CHAIRWOMAN MAC'KIE: Aye. COMMISSIONER CARTER: Aye. CHAIRWOMAN MAC'KIE: Opposed? COMMISSIONER CONSTANTINE: Aye. Page 77 August 3, 1999 Item #8El RESOLUTION 99-329, APPROVING THE COUNTY,S PROPOSED MILLAGE RATES AND SETTING THE PUBLIC HEARING DATES FOR ADOPTION OF THE 1999/00 AMENDED TENTATIVE BUDGET AND 1999/00 FINAL MILLAGE RATES AND BUDGETS CHAIRWOMAN MAC'KIE: Okay. We'll hold off on 8(A) (1), (2) and (3). And now that our friends from Marco are here, we'll go back. If someone would move to remove the item from the table, we'll go back to the budget discussion. COMMISSIONER NORRIS: I will so move. COMMISSIONER BERRY: I will second that. CHAIRWOMAN MAC'KIE: All in favor say aye. Opposed? COMMISSIONER CONSTANTINE: Aye. I will change that to an affirmative. CHAIRWOMAN MAC'KIE: I would like to smack you. Okay. So if we could -- if whoever from Marco might come talk to us about the City's official position on public safety. MR. SOLDENWAGNER: Good afternoon, Madam Chair, Commissioners. John Soldenwagner, for the record. 141 South Collier Boulevard, Marco Island, Florida. I understand you're looking from us information concerning providing our own indigenous police department and what the time frame is. Our time frame has been to be operational by January 1st, 2000. Right now we are on schedule for that to happen. We are going to be providing 20 law enforcement officers to be patrolling the streets of Marco Island hopefully by January 1, 2000. We're going through the selection and recruiting process as we speak. At last report we've tendered 11 conditional employment opportunities to public safety officers. Most of those officers have already been previously certified or are certifiable with comparative compliance training from Florida Department of Law Enforcement Council. There is no way of course -- I think what you're looking from me is to how that plays a role with the Sheriff and the budget that you're facing at this particular point. That kind of information probably should be coming more from the Sheriff because, as you know, he is the one that determines staffing levels, et cetera, et cetera, et cetera, as far as law enforcement in Collier County, simply based on his constitutional authority. So also when one considers the fact that even if a municipal -- even if a city has its own municipal police department, the Sheriff still is the chief law enforcement officer of Collier County and requires law enforcement as he sees fit. So I think those questions could probably be more directed to the Sheriff. We hopefully will be operational by January 1st. Now, there is no way in the world that we can guarantee January 1st. All I can tell you is that we're looking good at this particular point in time and I would expect us to be pretty close to January 1st, 2000. I would be more than happy to answer any questions. CHAIRWOMAN MAC'KIE: You have already. COMMISSIONER CARTER: Just a point of clarification. You're looking to put on 20 positions by January 1 and you've already made 11 offers; am I correct? Page 78 August 3, 1999 MR. SOLDENWAGNER: That's correct. Now, that does not mean that they are on board. That is contingent on certain -- passing of certain requirements; psychological, polygraph, so on and so forth, background investigation. You can well imagine that we're on a very fast track here, but we want to do a very thorough job. We feel very serious about, you know, pinning badges and arming people in the streets of Marco Island to make absolutely certain they are the highest quality police officers that can be had. CHAIRWOMAN MAC'KIE: May I ask you somewhat an uncomfortable, but blunt question? Are you aware of a letter that I received in June from one of your council members on this issue? Do you have that letter, Mr. Fernandez, so you can show him which one I am talking about? Because it seems to state some -- frankly, it's a source of my confusion on the issue and doesn't offer the same comfort that I have now from hearing you face to face on the issue. My question is going to be: Is yours the official word on behalf of the Marco Island City Council? MR. SOLDENWAGNER: I believe that I have just given you the position of the City of Marco Island Council. Now, what this may be referring to is -- again, you know, when you're shoring the parameters of a particular thing as important as public safety, I think what we're all looking for here is we also recognize that the Sheriff's Department, whether it be Marco Island or any other city or unincorporated portion of any County in the State of Florida, recognizes that the Sheriff is the umbrella operation. Most communities don't have their own SWAT teams. They don't have their own narcotics enforcement or specialty operations. So -- and, also, the fact of the matter is that the Sheriff -- and, again, I can't speak for the Sheriff -- I am sure will still provide some sort of road patrol service in Marco Island. Now, it might not be to the degree that we have now, but, again, that's a decision he's going to have to make. For example, if the Sheriff in his wisdom decided that the citizens of Marco Island weren't being provided with suitable law enforcement services, the Sheriff has the option to come in here any time he wants and do whatever law enforcement he sees fit to do. CHAIRWOMAN MAC'KIE: Actually, he has the duty to do that. MR. SOLDENWAGNER: Absolutely. The constitutional responsibility and authority. CHAIRWOMAN MAC'KIE: And my -- do you anticipate that the level of service the City of Marco is going to provide for its residents is somewhat similar to the City of Naples? MR. SOLDENWAGNER: What we're hoping to provide is that some day we're going to be able to provide a more visible patrol. And, in fact, that's why 95 percent of the cities in the State of Florida have their own indigenous police department. They want the control to recognize how many patrol vehicles and what level of service to provide their particular constituency. I don't think anyone in the City of Marco Island would be willing to reduce services. We're looking to improve services. However, having said that, we also look forward to a long-term working partnership with the Collier County Sheriff and the Collier County Sheriff's Department in providing a level of service to our constituency that is the best, or at least tries to be the best, in the State of Florida. CHAIRWOMAN MAC'KIE: Commissioner Berry. Page 79 August 3, 1999 COMMISSIONER BERRY: I have -- in regard to that, I have a question. If you are going to have your own public safety operation, what would be your expectation in terms of a response time from the Sheriff's Department? MR. SOLDENWAGNER: Well, the fact of the matter is we won't -- when we're fully operational with our road patrol, the initial dispatching will be through a Marco Island police officer. In other words, for example, we're going to utilize the Sheriff's Office and his dispatching services to speak directly to the Marco Island Public Safety Department. In fact, we're working out a deal with them right now that they provide initial dispatching services. Now, some day we may very well in the future ~- hopefully, circa 2005. We may decide to have our own dispatch center. But initially the calls will be going to the Marco Island Public Safety Offices contingent, again, if we have those 20 officers fully trained, fully certified on the streets by January 1. I think we're able to do that. CHAIRWOMAN MAC'KIE: Your expectation is that the Sheriff is going to be supplemental in ways similar to how the Sheriff is supplemental to the City of Naples; SWAT, jail, at this point 9-1-1, et cetera. MR. SOLDENWAGNER: Well, we're going to be paying for our own 9-1-1 services. You know, this isn't provided by -- through the general fund. CHAIRWOMAN MAC'KIE: I am sorry. Separate item. MR. SOLDENWAGNER: That's a separate item. The fact of the matter is that when you consider the fact that simply the way that the tax base is -- and you know that better than we do. But we will be paying significant funds into the Collier County Sheriff's Office. And for that we would be expecting the kind of response -- and I am fully confident that the Sheriff will provide those services. He has in the past. I have had conversations with Sheriff Hunter and he has my fullest confidence that he will provide what is ever required for the City of Marco Island in his role as Sheriff and the chief law enforcement officer of Collier County. CHAIRWOMAN MAC'KIE: Commissioner Berry. COMMISSIONER BERRY: My concern is -- and I hope I misunderstood what you said. But it sounded like you said that because you -- the City of Marco Island pays a considerable amount of money due to their tax base that you would expect that the service on Marco Island would be -- it sounded like you were intimating that it would be considerably better perhaps than an area that wouldn't have a significant tax base. MR. SOLDENWAGNER: No, no. That was certainly not my intent. All I was indicating to you is we pay a significant portion into that budget and for that services will be provided by the Sheriff and we are confident that the Sheriff will provide those services. CHAIRWOMAN MAC'KIE: Commissioner Norris. COMMISSIONER NORRIS: Well, I just want to reiterate what I said this morning. We don't want to lose sight of the fact that the things are different this year than they were last year. COMMISSIONER BERRY: Right. COMMISSIONER NORRIS: Last year -- the budget year we're currently in, we, by necessity, needed to separate Marco Island out and have a separate payment from them, which they graciously agreed to. But this year circumstances are different. This next budget year all the Sheriff's funding is coming from the general fund. And, Page 80 August 3, 1999 therefore, Marco Island is paying at the same rate as East Naples or City of Naples or Golden Gate or Looneyville and that issue is not there anymore. So for the discussion to digress again like it was this morning into saying the Sheriff needs separate money for Marco Island, well, that's just not true because it's all being collected general fund now. MR. SOLDENWAGNER: And last, but not least, if I may add this. The Sheriff, I'm assuming, being the law enforcement professional that he is, will provide documentation to you regarding levels of service and calls for service. As we all know, law enforcement agencies are incident driven. The phone rings, you pick it up, and you respond. This isn't one of those things where, "Can we put it off until Monday?" So I'm sure the Sheriff is looking for the best possible way that he can provide service to Collier County, whether you are a municipality or whether you are unincorporated. Now, recognizing again -- let me underscore for emphasis -- the fact that he recognizes that once a department is fully operational and has their own road patrol, there may be a reduced level of service. But I don't want to say that for the Sheriff. I can't speak to his constitutional authority and responsibility. CHAIRWOMAN MAC'KIE: Of course. COMMISSIONER NORRIS: We understand that. MR. SOLDENWAGNER: That's up to the Sheriff -- COMMISSIONER NORRIS: Absolutely. MR. SOLDENWAGNER: -- to come up to the folks that control the purse strings and make that decision. COMMISSIONER NORRIS: Thank you for coming up here. We appreciate that on short notice. That was very nice. CHAIRWOMAN MAC'KIE: It was very kind of you both to drop everything and come up. MR. SOLDENWAGNER: Thank you very much. CHAIRWOMAN MAC'KIE: Thank you. Okay. The item is off the table. It was a motion. COMMISSIONER BERRY: It still leaves the question because it came up this morning -- not so much now for the City of Marco people, but maybe for the Sheriff in again asking for the $800,000. I mean, it seems to me that there still is not that understanding. COMMISSIONER CONSTANTINE: The rationale this morning was because they had been told now it won't be January 1. COMMISSIONER BERRY: That's right. COMMISSIONER CONSTANTINE: We were told, yes, it will be. CHAIRWOMAN MAC'KIE: If it's going to be January 1 that $800,000 is irrelevant. If it's not January 1, that's what the -- COMMISSIONER BERRY: It's still irrelevant because of the general fund funding. CHAIRWOMAN MAC'KIE: It seems to me that it should be. Because if it isn't, boy, the City of Naples sure wants to know. COMMISSIONER BERRY: I would think they would. That's what -- that's my point in this whole thing. We've gotten around to -- we have lost sight of the fact that we have changed that funding source from last year to this year. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER NORRIS: Is there a motion on this or not? Page 81 August 3, 1999 CHAIRWOMAN MAC'KIE: Well, the question -- actually, we've already voted on that particular issue. The only question left on the table was about the reserves. And, I believe, the motion was to agree with staff's recommended change in the reserve policy. COMMISSIONER NORRIS: We did vote on that. COMMISSIONER BERRY: We voted on that. COMMISSIONER CARTER: We voted on that this morning. CHAIRWOMAN MAC'KIE: Then what is left? COMMISSIONER CONSTANTINE: Millage rate. CHAIRWOMAN MAC'KIE: Then I have one more question before millage rate. Is there a motion on the floor for millage rate; does anybody know that? COMMISSIONER NORRIS: I don't think there is a motion on this. COMMISSIONER BERRY: I don't think so. CHAIRWOMAN MAC'KIE: I have one -- I have a question, first of all, probably for Commissioner Constantine, maybe for Commissioner Carter. Is there any update on Healthy Kids' money; were you able to get any private funds? COMMISSIONER CARTER: I am in the same position I was in June. The offer is still on the table. I defer to Commissioner Constantine. CHAIRWOMAN MAC'KIE: The offer was that -- COMMISSIONER CARTER: That they would -- the private sector would -- as we expand the program, the private sector would match 50/50 with the County. If it's 56,000, they would take half of that and they would pay for it and the County would pay for the other half. CHAIRWOMAN MAC'KIE: So has the .... COMMISSIONER CARTER: In the expansion of the existing program. The hospitals are already saying, "We will maintain the current level." Doctor Konigsberg had asked for an expansion of the service. CHAIRWOMAN MAC'KIE: Quite appropriately. Because, as we learned in that first meeting of the Health Care Committee, there are in fact -- the number they said at the committee were thousands of children without health care insurance because of the unavailability of funds in our program. Any news, Commissioner Constantine? COMMISSIONER CONSTANTINE: No. As you know, I spent most of our recess out of State with my family. I am still committed to doing that. I will work on that between now and the September budget hearings. CHAIRWOMAN MAC'KIE: I wonder if -- I wonder if we could get a commitment from the Board. Well, there is several ways of treating this. One is that we adopt the millage the way it currently is and hope that Commissioner Constantine comes through with the money. If he does -- COMMISSIONER CONSTANTINE: I would just like to -- before you go any further, there is five of us here. There is five of us here and it's just not up to Tim to find money. All of us have the opportunity to go out. I will gladly do that and I am willing to do that, but I remember during those budget hearings saying, "All of us ought to be out doing that." I repeat that. CHAIRWOMAN MAC'KIE: Oh, I have. I have beaten bushes to death and found that there -- every place I have looked the response has been, "This is a role for County government to play." This is a health, safety -- health more than anything. It's our very first charge. And the fact that it's a public/private Page 82 August 3, 1999 partnership and it's not a free program, it's not a welfare program, but is one that is actually a capitalist kind of insurance -- doctors get paid. But the response I have gotten is is that the County needs to belly up. So my -- before we set the millage, my question is: Do we want to increase the millage that tiny amount to be able to include that in case Commissioner Constantine and others are unable to get the money? Do we want to accept the offer one more time, assuming it's still on the table, from Commissioner Carter's group? Or the only other alternative I have is could we please at least flag $100,000 that we've got in the budget for our TV show? That if we can't get the private money, we will fund Healthy Kids, instead of funding the television show for County Commissioners? Is there any support for any of those? COMMISSIONER CONSTANTINE: I don't think -- number one, I don't think it's a TV show for County Commissioners. I am pretty sure the idea was to have a television show to benefit the public with information. CHAIRWOMAN MAC'KIE: Nevertheless, in the prioritization of matters, surely Healthy Kids would come ahead of a television show, whether it's for staff or for tap dancers. I don't care who it is. COMMISSIONER CARTER: Let me ask this. How much does $56,000 change the millage? COMMISSIONER CONSTANTINE: I guess what is frustrating to me in answering your question is that we had these discussions during the budget hearings. CHAIRWOMAN MAC'KIE: Now we're setting the millage. COMMISSIONER CONSTANTINE: You know, we're again where we were. So now to revisit and revisit and revisit just because you're in the minority and disagree just is very frustrating. CHAIRWOMAN MAC'KIE: Very honestly, Tim, I really did think that your fund-raising activities would go on during the break so that we could know before we set a millage cap whether or not we would have these monies. COMMISSIONER CONSTANTINE: I think if you go back and look at the minutes I clearly said the time period of September budget hearings. CHAIRWOMAN MAC'KIE: I bet you did. COMMISSIONER NORRIS: I'll make a motion that we adopt our resolution to the proposed property tax rates as in our executive summary here. The second recommendation is to approve the change in the general fund reserve policy. We've already done that. MR. SMYKOWSKI: That's correct. CHAIRWOMAN MAC'KIE: My question -- if you don't mind it being answered -- and I will before I call the question is: The ad valorem repercussion -- isn't it $86,000 that we -- MR. SMYKOWSKI: Healthy kids was $86,000. CHAIRWOMAN MAC'KIE: What would that do to the millage? COMMISSIONER NORRIS: I think we understand it will be small. CHAIRWOMAN MAC'KIE: Okay. While he's finishing the math, would anybody be willing to make the television show contingent on -- that we get the TV show if we get private funding for our Healthy Kids and we don't get the TV show -- COMMISSIONER NORRIS: I will see if my motion -- COMMISSIONER CONSTANTINE: I will second the motion on the floor. Page 83 August 3, 1999 MR. SMYKOWSKI: The millage rate will increase to 3.5098 from 3.5058. CHAIRWOMAN MAC'KIE: God, that's worth it. Is there any further discussion on the motion? All in favor say aye? COMMISSIONER BERRY: Aye. COMMISSIONER NORRIS: Aye. COMMISSIONER CONSTANTINE: Aye. CHAIRWOMAN MAC'KIE: Opposed? COMMISSIONER CARTER: Aye. CHAIRWOMAN MAC'KIE: Aye. It passes three to two. Page 84 RESOLUTION NO. 99- 329 A RESOLUTION APPROVING THE COUNTY'S PROPOSED MILLAGE RATES AND SETTING THE PUBLIC HEARING DATES FOR ADOPTION OF THE 1999/00 AMENDED TENTATIVE BUDGET AND 1999/00 FINAL MILLAGE RATES AND BUDGETS. AUG - 3 1999 WHEREAS, Section 200.065, Florida Statutes, provides procedures for fixing the millage rates; and WHEREAS, Section 129.03, Florida Statutes, sets forth the procedure for preparation and adoption of the budget; and WHEREAS, the Board of County Commissioners has received and examined the tentative budgets for each of the County's funds including all estimated receipts, taxes to be levied and balances expected to be brought forward, and all estimated expenditures, reserves and balances to be carried over at the end of the year; and WHEREAS, Section 200.065, Florida Statutes, provides that the Board of County Commissioners shall hold public hearings to adopt the tentative budgets. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Proposed millage rates as set forth in the attached Exhibit "A" and incorporated herein are hereby approved as the County's proposed millage rates pursuant to Sections 129.03 and 200.065, Florida Statutes. 2. The public hearings to adopt the 1999/00 amended tentative budgets and 1999/00 final millage rates and budgets, respectively, pursuant to Section 200.065, Florida Statutes, will be held by the Board of County Commissioners on September 7, 1999, at 5:05 P.M., at the Collier County Government Center, Administration Building, Third Floor Boardroom, 3301 East Tamiami Trail, Naples, Florida, and on September 22, 1999, at 5:05 P.M., at the Collier County Government Center, Administration Building, Third Floor Boardroom, 3301 East Tamiami Trail, Naples, Florida. .~ ,T~his'R~so!ution was adopted after motion, second, and majority vote. :- BOAP OF COUNTY COMMISSIONERS . ., ,.. . .~:.~,~, , N;' ,. / A~;test Ii' 'tO' ~:hltl"lta'l PAMELA S. MAC'KIE, Chair(roman" Approved as t~) form and legal sufficiency: County Attomey h:Kay/Resolution Collier County, Florida Property Tax Rates FY O0 Proposed AUG- 3 1999 Attachment "A" Water Pollution Control 114 0.0413 0.0378 0.0355 -6.1% :::: :: ::::::: ::: :: :: :::::::::: ::::::::::?. :: :: :: :: :::::: :'-:::: :: :: :: !::: :::::::: :: :: :::: ::::i::::: :: ::::::: ::: :::: ~ !:: ::::::: !::::::::: ::!: :::::: ::~: :: ::.~:::: ::::::::::::::::::::::: :::: :: :: .~ ::: ::::::¢:: :::: ~:: !: :: ~::i: ~:!::: :: ::!¢ :::: i::: i::: :: ~: ~: i: ::i:::i: [:::.". ~:~:i:[: .". ~,'. ¢~: .".i ¢ ~:i:i::: ~i¢ ~:i:.".~: :¢i¢:: i: ~: ~i:~:i:i:~: ~:')i¢ ~:i::: :::¢ i: ~:i¢~¢ ::::: :::~::::::::::::::: :::::::::: :: :::::: ::: ::::: :::::::::::::::::,': :::::::::: :: :::::: :::: :::::::: :: :::::: :::::::: .):::::: :::: :::: :::: :: :::::::::::s: :::::::::::::::::::::: ::: Total County Wide Millage Rate 3.5923 3.2890 3.5413 7.7% Road District 2 103 0.1163 0.1074 0.1422 32.4% Road District 5 106 0.2195 0.1884 0.3300 75.2% Golden Gate Community Center 130 0.2985 0.2841 0.2260 -20.5% [Naples Park Drainage 139 0.0000 0.0000 0.0000 ffN/A Victoria Park Drainage 134 0.1240 0.1195 0.1140 -4.6% Naples Production Park 138 0.0000 0.0000 0.0000 gN/A Isle of Capri Fire 144 1.0000 0.9714 1.0000 2.9% Collier County Fire 148 1.7979 1.9275 2.0000 3.8% Radio Road Beautification 150 0.5000 0.4841 0.5000 3.3% Lely Golf Estates Beautification 152 1.5000 1.4648 1.5000 2.4% Forest Lakes Roadway & Drainage MSTU 155 0.0000 0.0000 1.0000 fflq/A Bayshore Avalon Beautification 160 3.0000 2.9352 3.0000 2.2% !Marco Island Coastal Beach Renourish 207 0.0000 n/a 0.0000 #N/A Collier County Lighting 760 0.1886 0.1897 0.1719 -9.4% Marco Island Lighting 775 0.0000 n/a 0.0000 glq/A Attachment"A" AUI~ - 3 1999 Collier County, Florida Property Tax Dollars FY 00 Proposed ~":'<:::' :: :~:: '<:: '~ '~ ~": ~ :: ~ :::::::::::::::::::::::::::::::::: :::':;:;:':::~ :':' :' ~ '~ :: '~:'~ ~'~'~:'~'~i '~'~ ~:'~ ~¢ ~>:.,~ ~ ~ ~'"'"'"'""'"~'"" '~'"' < ~ .~ .~ ,,..':: '::. >. ~.<,:..: · .~ ~,.:~.~ ~:'.~ ~ .'~ .: ~. '.~ '...: ,~. :.: :~ ~.,:,:-'~.:.:,:-:~,;.~.~ ~.: .:.:,'-' .:.:,:-'.'. ,..~<.:~,:~ ~,:~+:~ ~.:~,:~ +: .:.~.'~.',.:~',.,:.'...{,...-:..v,-, Water Pollution Control 1 i 4 881,449 923,428 g66,600 -6,2% Total County Wide Taxes Levied 76,669,002 80,348,017 86,511,100 7.7% Road District 2 ! 03 818,760 873 ,270 1,156,600 32.4% ......... ................................ ............. ....... .................. ...... .............. .............. Road Dis~ct 5 106 306,992 326,625 572,100 75.2% :':':':'~:~:~:~:~:~:5:~:~:~:~:~:~:~:~:~:~:~:::~:5:?:'~::'~ ~:~:~:~:~ ?'=':'~:~:5~:~:~:~:~:~:?: :':':'~::<:~::':~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ?~?= :': ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ S~ :':'=~'=':':':::'=': ?:::'::=':': ~ ~ ~ ~ ~ ~ ~':'>~':':':'::=':??~::': ~ ~ ~ ~ ~ 5 ~ ~ ~ ~:~"'::':':':':':':'~':':':':':':-::~ ~ ~ ~::': 5::':':':::': ~ Golden Gate Communi~ Center 130 214,782 219,763 174,800 -20.5% Pine ~dge Indus~ P~k 140 25,398 26,275 9,600 -63.5% Golden Ga~ P~ay Beautfieafion 136 195,608 197,637 207,200 4.8% Naples Production Park 138 0 0 0 Naples Production Park ~ 141 6,823 7,082 33,800 377.3%! Ochopee Fire Control 146 496,625 509,532 533,900 4.8% s Goodland/Hor~s Island Fire ]49 0 0 6 ],300 firN/A S~ P~m RoM MS~ 151 25,496 25,938 0 -100.0% Hawksfidge S~wa~r Pumping MS~ 154 2,098 2,603 1,500 ~2.4% :':'='~:~:~:~:~:~ ~:~:::~ =': ~ ~:~'=:~:: ':':':~: ~: ::'::~:::: :~::: ':':: ::':':'::~:: ':':::: ~:~: :~':: :~'~'~':';'~'~'~'~';' ~:~::~ ~: ~: ~:~: :~ ~: ~':' ::'=::':': ~:~:: :~:: ~: :5:::: ::::: ~: ~:~ ~: ~: ~::: :~: ~:: :::: '='::::: :~:~: ~: :~: ~:: ~: ~: :~:::: ~:::: :='=: ~: ~:: ~: ~: ~: ~: ::~: ~: ~:~ ~:='=:;':':: '='::='::='::: ~:~: ~:: ~ ':~:: ::'=':'=::'::=' '=:: Immok~ee Beautification MS~ 156 223,048 224~99 233,100 3.9% [P~ks GOB Debt Se~ice 206 864,902 915,206 835,800 Isles of Capri Municip~ Re~ue 244 30,932 32,725 30,100 -8.0%] ::'"::::~"':':".~:~:~:¥':'{:::~:~:~:~:~::';:~:~ ~"'? ':~?":::'~:~::~: :~ ~: :~ ~:5: ~ ~: ~ ~: ~: '~?~: ~: ~:~:: ~: {:{::"':':'":':':: K<:: ~:~::: ~: ~: ~:~: ~:[~:5~:: :~ ~::"':'";"':~:;'":':':"'::: :~:~ ~ ~::: ~: ~: ~::: ~::':':':':':' ::':+:' ':'::: ~; :~:: :~ ~: ~:~ ~:~ ~::: ~"::"': ":: ':':::':::':':::: ~:::::::::: ~':':: ::"':':::':' Naples Prod. P~k St. Lighting 770 1,301 1,349 13,400 893.4% ::.::::::::~;.; :-; :~:~?;:;~;~:;.;:~:~.;.~:~:~:~:~:~:~:~:~:~{:~:~:~:{:~:~:{:~:~:~:~:~:~:~:~<~:{:{~;5~:~:~:~=~:~:~<~:::~:~:: ~::~:;.;.;.;.;.;.;.~:: ~:~:~:~ :~:~: ~:: ~ ::~ ~:~: ~ : :.:.; ~ :~ ~: ~:~ ~ ~;~ :{~; ;~; ;;.:;~;~;;;;~:;;~;~;~::;:~:~:.:;~;:~:;;~:~.~.~.~.~.~.....~.~.~ Pelic~ Bay MSTBU 778 494,834 520,093 520,400 0. To~ T~es Levied 91,825,009 96,292,792 103,119,500 A88rega~ Taxes 90,929,175 95,344,861 102,253,600 August 3, 1999 Item #8A1 REVIEW THE SCHEDULE FOR IMPLEMENTATION OF THE FINAL ORDER OF THE ADMINISTRATION COMMISSION ISSUED JUNE 22, 1999, DIRECTION FOR STAFF TO PREPARE A WORK PLAN AND A SCHEDULE FOR A PHASED AGRICULTURAL RURAL ASSESSMENT AND TO INCLUDE THE REGULAR CYCLE AMENDMENTS, THE URBAN AREA DENSITY REDUCTIONS AND THE REMEDIAL AMENDMENTS IN ONE TRANSMITTAL DUE BY NOVEMBER 30, 1999 - STAFF RECOMMENDATION AS MODIFIED AND TRANSMIT IN OCTOBER~ 1999 CHAIRWOMAN MAC'KIE: Now, we'll get to -- let's see. 8(A) (1), final order. COMMISSIONER CONSTANTINE: What are we looking to accomplish in this? As I read through the executive summary I was trying to figure out. Okay. I understand all the information. What is it we're trying to decide today; to set a calendar? MR. FERNANDEZ: An approach of how to proceed from this point. CHAIRWOMAN MAC'KIE: So there's a calendar and then I had hoped to raise the question with you about having a facilitator to help organize, plan, implement the public participation element of the process. And you guys are going to be -- have already heard quite a bit that DCA instruction is that public participation will be the hallmark of this process. In the interest of brevity, I'll make my shortest pitch for a facilitator. That is -- COMMISSIONER NORRIS: That was short. CHAIRWOMAN MAC'KIE: Nope. That is, business as usual is not going to accomplish the goal here. Business as usual is that we appoint committees and we go about doing what we've always done. COMMISSIONER CARTER: Maybe we can do -- CHAIRWOMAN MAC'KIE: In this case -- let me finish. In this case we've asked -- we've agreed -- we've been ordered, frankly, to make public participation the hallmark of this undertaking. If we do business as usual, we're going to have the same complaints. And that's going to be who is controlling the process. Nobody trusts the process, nobody believes the process is running as fairly as it should. And we could eliminate that if we entertained a facilitator. And I had asked Mr. Fernandez to look -- COMMISSIONER CONSTANTINE: Can I ask you a question -- CHAIRWOMAN MAC'KIE: -- to FGCU to see what possibilities there might be there. COMMISSIONER CONSTANTINE: Does that mean -- and I say this tongue in cheek, but half serious. Does that mean if we get a facilitator everyone will -- all their questions about whether it's fair and whether it's an honest process and whether -- all that will go away? CHAIRWOMAN MAC'KIE: You know, I bet all of them won't, but I can assure you that legitimate ones would because there are legitimate questions about the process. There are questions -- we do business as usual and it's time to do it differently. And if we had a facilitator who can argue with a professionally planned, fair program, who does that hurt? COMMISSIONER NORRIS: Mr. Philbin for one. Page 85 August 3, 1999 CHAIRWOMAN MAC'KIE: Pardon me? COMMISSIONER NORRIS: Mr. Philbin could for one. Let me just ask you something. CHAIRWOMAN MAC'KIE: Who could legitimately argue with. COMMISSIONER NORRIS: Let me get some clarification here. The early part of this is data collection; isn't that correct? CHAIRWOMAN MAC'KIE: Barbara. MS. CACCHIONE: For the record, Barbara Cacchione of your Comprehensive Planning Staff. There really is a series of events that we need to go through and different public hearings. I think what you're referring to is the rural agricultural assessment. And the first phase of that would be data collection and making sure that everyone has agreement on the data that will be collected and used in the process. COMMISSIONER NORRIS: So what is a facilitator going to facilitate in data collection; what's the point here? CHAIRWOMAN MAC'KIE: A couple things come to mind. Couple things come to mind. What usually happens when we go through this process of collecting information? One is that the development community will say that we have asked too many questions and the environmental community will say we didn't ask enough questions. The initial inquiry is: What data are you going to collect? What do you need to measure? COMMISSIONER NORRIS: That's already outlined. CHAIRWOMAN MAC'KIE: I don't think so. MS. CACCHIONE: I believe that's the first step in the process is what data will be used and what sources will be used and to achieve consensus on the data to be collected so that everyone agrees that that's the premise we're starting from in order to develop land development regulations. CHAIRWOMAN MAC'KIE: I'm not suggesting for a second that we sit on our hands until we get somebody to come in and tell us how to run this. I am suggesting that our staff continue to do what they have already done, which is to prepare a schedule that they have now on the visualizer, that we collect the data that's available. I think what we're going to find is that there's a lot of data available for some of the fringe and very little data available for some of the more rural areas. And that as that data is collected, Mr. Fernandez go forward again with the FGCU, maybe Florida State, maybe FIU. All of those entities have indicated to me a willingness. COMMISSIONER BERRY: Well, you bet. That just supplements their little salaries from the university system. And I'm, frankly, not excited about doing that. COMMISSIONER NORRIS: Me either. COMMISSIONER BERRY: They're all available. They send out their little flyers on how they would like to do all this. That is fine and dandy, but I'm not interested. CHAIRWOMAN MAC'KIE: So we'll just do the same thing we've always done. COMMISSIONER BERRY: No, we're not going to do the same thing. COMMISSIONER CARTER: No. I don't think so, Commissioner. May I just say a couple things, please? First of all, we need to hear what staff's program is to outline how they're going to get us where we need to be. I had a -- I envision in this process that there may be room for a facilitation at some point in the rural fringe or in the urban areas Page 86 August 3, 1999 to fold in some other groups. I do not see it in the rural areas because it's often referred to as the Berry committee, which is being expanded. I think all players will be at that table. It will not be business as usual, but it will be all people with a vested interest in that. So there may be room for facilitation at some point in some areas of the program, but perhaps we need to have staff go through and show us what they're going to do and how we're going to scope this. So that if there is a place for that, we could inject that at some point in time in certain areas. Because I still see it in three pieces; the rural, the fringe and the urban, even though the orders are to come back with -- to get it all together. So that's where I am with this. CHAIRWOMAN MAC'KIE: Barb, take us through the timing. MS. CACCHIONE: If you look on the visualizer and page 23 of your agenda, there's really a series of three steps that we have to go through. The rural agricultural assessment is really the last step. The very first thing we have to get done is to rescind those policies which were determined to be not in compliance with State law. And those are listed under item A there. All those will be rescinded and this will be done by ordinance. And everything else that is part of what we send up on the EAR amendments will be adopted at that point. So we will be starting from a clean document at that point in time. That will be done with the final ordinance. And the scheduled date for that hearing is August 19th in front of the Planning Commission and September 14th in front of the Board. The second half of that is -- also we are required to do interim development regulations. We are required to map natural resource protection areas. And those are specifically listed in the development order in the final order. We are also required to limit land uses in the rural area, as well. That will be a transmittal. That will take a 30-day review process by DCA and 30 days to adopt. So we're looking at that to occur sometime around the end of November. CHAIRWOMAN MAC'KIE: Barb, those interim policies are basically mapping the NRPAs and adopting the, quote, moratorium? MS. CACCHIONE: That's correct. CHAIRWOMAN MAC'KIE: So we will repeal what we did, we'll map NRPAs and we will adopt the so-called moratorium? MS. CACCHIONE: That will be in the first phase that has to be concluded by September 14, according to the final order. The next step in the process after we complete that is by the end of November, November 30th, we have to address all the other elements that had deficiencies. Those are listed -- I believe there are 11 items there that are listed that we have to do remedial amendments for. And that is the next package that has to be submitted by November 30th. The dates we're scheduling for those are October 7th before the Planning Commission and November 9th before this Board. That will be a transmittal hearing. That will go -- CHAIRWOMAN MAC'KIE: Barb, go ahead. MS. CACCHIONE: That will go through the full process. We will have 60 days for DCA to review and comment and issue any objections, review and comment report. And then we will have 60 days to adopt. Page 87 August 3, 1999 So we will be looking for those remedial amendments to be finalized sometime in April if there are no problems through the process. No other amendments can be adopted until these remedial amendments are in place and effective. They can potentially be transmitted, but not adopted until that occurs. CHAIRWOMAN MAC'KIE: Barb, are those items -- did you say there were 11 of them? Are those the items that were -- we had more or less agreement between the County and DCA staff? MS. CACCHIONE: Yes, they are. There are two or three areas that they have tended to go a little further on since the agreement we presented to you on March 19th. And those we're still working on some language with, but we feel pretty comfortable that we'll be able to achieve consensus with DCA on those issues. CHAIRWOMAN MAC'KIE: So we might not expect a great deal of controversy up to this point in the process because all of that is pretty much work for you, but policies we've pretty much already set? MS. CACCHIONE: Hopefully that will be the case. And the language you will see as part of a comprehensive plan change will very much mirror what's in the final order so that there can be no question on either side in regard to anything through this process. CHAIRWOMAN MAC'KIE: When do we get to the good stuff? MS. CACCHIONE: Now you can also talk to Bob Mulhere. He'll be presenting that part of it. MR. MULHERE: Thank you. For the record, Bob Mulhere, Planning Director. There are a couple of issues that -- that we want to bring to the Board's attention and really feel comfortable that we have formal direction with respect to a few of these issues from the Board. For example, I think the Board is absolutely correct. The first task at hand will be to develop some sort of consensus with respect to what the type of data we will need to collect will be. I think there is already an awful lot of data that has been collected in the rural transition area or the fringe and there is probably a need for a great deal more data to be collected in the true rural area. And then the second aspect of that is scheduling the process to accomplish development methodologies for reviewing that data and then developing comprehensive plan amendments from that data. In the past the discussion in front of the Board has been to utilize several advisory committees, one being what was referred to as the rural agricultural assessment oversight committee or the Berry committee. And I think that I need to bring to your attention the need to expand the membership of that committee to comply with the final recommended order so that we have all of the stake holders represented on that committee. And that would also include the State and regional agencies, including DEP and the -- I think it's the Florida Fish and Game Commission now. I think that's their new name. CHAIRWOMAN MAC'KIE: Something like that. MR. MULHERE: And the Water Management District. Actually, I believe they were represented originally on the committee. So we would need -- I think the Board would need to expand the membership of that committee. And the role of that committee, as discussed, was to act as an oversight committee for the rural area. The rural transitional area or the fringe there was discussion of utilizing a technical working group. That group, as well, would need at a minimum to be expanded to ensure that all of the stake holders are represented. And both of those processes if we were to take two separate procedures -- one being for the rural transitional area and Page 88 August 3, 1999 one for the rural agricultural area. Both of those processes would have to be fully open to the public, all meetings advertised and all workshops obviously open to the public, as well. And I would suggest -- and the staff is suggesting that both of those processes commence with a workshop in front of a joint meeting of the Planning Commission and the Environmental Advisory Council to finalize the types of data that need to be collected and to allow for public input into and comment on the type of data that will need to be collected in both of those processes. And perhaps to even have a 30-day comment period after that workshop in front of the Planning Commission and the EAC in which people could provide additional information. That is a process which is similar to the procedure that is used by Federal agencies and State agencies to allow public input. CHAIRWOMAN MAC'KIE: What is -- what would be your recommendation in that group to have -- I don't know how to describe it -- regular guys participating, general public? Who is going to represent the general public in that participation by having all the stake holders at the table? MR. MULHERE: Well, I think there is two ways that you could accomplish that. The first is to make sure that all of the meetings are open to the public and the public is invited to attend. CHAIRWOMAN MAC'KIE: But that's different. That means you can come and you can be in the audience and you can speak as a member of the audience. This process is supposed to be different where general public has a seat at the table. MR. MULHERE: I think obviously there is a challenge to that because you do have to limit the numbers on these committees to make them a workable group. However, there certainly could be seats for three, four or five members of the public. With respect to the technical working group, there are already some 28 individuals named to the technical working group that we have previously used -- that the staff has used in looking at the density reduction initiatives. And I think it's a very broad, cross representation of interest groups. With respect to the -- CHAIRWOMAN MAC'KIE: Before you go on, could somebody get a list of the technical working group and let us see that? Go ahead. MR. MULHERE: With respect to the rural -- shall we call it the Berry committee for short? With respect to that committee -- well, I have it right in front of me. I will name the names that were previously mentioned. That was Barbara Berry, Clarence Tears, Fred Thomas, Dick Botthof, Jim Rideoutte, Wally Hiebard, Anthony Polizio. COMMISSIONER BERRY: Polizio. MR. MULHERE: And J. Richard Smith with Vince Cautero acting as the staff liaison. COMMISSIONER BERRY: And we've got some other names that I haven't had the opportunity to talk to Bob about yet. But there are some other names that should go on there, as well, that are individuals from the community. CHAIRWOMAN MAC'KIE: That's what I'm hoping. From Immokalee. COMMISSIONER BERRY: From the Immokalee community. MR. MULHERE: And staff would propose that we come back to you on September 14th once we have final direction from the Board with perhaps even a very specific makeup for that committee, in terms of Page 89 August 3, 1999 numbers. Not names, but in terms of numbers. And insuring that those State and regional agencies are represented. I think there is at least three South Florida Water Management Districts, which Clarence Tears would represent, the Florida DEP, the Fish and Game Commission and I think probably the Regional Planning Council, as well. So it would be those four. CHAIRWOMAN MAC'KIE: I was asking about the technical working group. MR. MULHERE: I have that list in front of me. It's an expansive list and -- CHAIRWOMAN MAC'KIE: Put it on the visualizer. MR. MULHERE: The only problem is the list that I have has personal home phone numbers on it. CHAIRWOMAN MAC'KIE: Please, don't do that. MR. MULHERE: I can name them for you. There is quite a few and there is also quite a bit of duplication from certain groups. I think that could be pared down a little bit and then members of the public at large could be added. Bruce Anderson, George Varnadoe, Nancy Payton, Glenn Simpson, Whit Ward, Ellie Krier, Bob Duane, Fred Thomas, Mike Bruet, Russell Priddy, Jill Greenfield, Ursula Pfahl, Gary Hayes, Sally Barker, Norm Trebilcock, Terri Tragesser, Fay Biles, Neil Dorrill, Mark Morton, Don Pickworth, Dudley Goodlette, Jeff Cecil, Alan Reynolds, Chris Straton, Joe Stude, Chuck Mohlke, David Guggenheim, Richard Klaas, Pete Comeau, Greg Gorman, Clyde Quinby, Janet Vasey, and Bruce Siciliano. CHAIRWOMAN MAC'KIE: And the breakdown for that for development versus general interest, you could monkey with that a little bit to even it out. MR. MULHERE: I think that would be required. I think we would have to look at the membership of -- the makeup of that technical working group and insure that we don't have the duplication I think that exists here. And we would bring that forward to you on the 14th, as well, our recommendations for that. COMMISSIONER CONSTANTINE: Some of those names though -- I just jotted a number of them down. Sally Barker, Fay Biles, Terri Tragesser, Chuck Mohlke, Janet Vasey -- those are all people who, I think, represent -- CHAIRWOMAN MAC'KIE: Regular people. COMMISSIONER CONSTANTINE: Yeah, regular people. COMMISSIONER BERRY: Unfortunately, Terri is not going to be available. She's leaving the County, so -- COMMISSIONER CONSTANTINE: Is she really? CHAIRWOMAN MAC'KIE: Isn't that a shame? Okay. Did you have something else, Mr. Mulhere? MR. MULHERE: Well, I did want to indicate -- as Vince just mentioned, we also can use additional techniques to gather public input through sampling or commentary, questionnaires, surveys, et cetera. There are a couple of other questions. I've kind of fallen apart here. Oh, here we are. There is one or two other questions that I feel we do need some direction from the Board on. One is just to confirm final direction that with respect to the rural agricultural area -- CHAIRWOMAN MAC'KIE: Which includes the fringe and -- MR. MULHERE: Now, I'm excluding the fringe. The area excluding the rural fringe. There has been discussion on the part of the Board to utilize consultants hired by and funded by a group called the Page 90 August 3, 1999 Eastern Collier Property Owners Association. That is something that, I think, when we're looking at scheduling this process we will need to coordinate with them. And I think we need -- we feel like we need some direction from the Board, if that, in fact, would be the desired process for the rural area. CHAIRWOMAN MAC'KIE: Commissioner Constantine. COMMISSIONER CARTER: That's the GSI mapping, right? MR. MULHERE: Correct. CHAIRWOMAN MAC'KIE: And much, much more, but initially. COMMISSIONER CONSTANTINE: The question is -- you know, if they want to put some money into the process, that's fine. But I think when we talk about them selecting the people that are going to do the work, that has -- whether it really happens or not, that has the perception of tainting the process. So I think that selection process probably needs to go through the County. If they want to contribute money toward that, God bless them, we'll be willing to let them pay for it. But I think the selection process has to be through the County so it's not a bias process or even has the perception of being one. CHAIRWOMAN MAC'KIE: Part of my thought, and, frankly, probably a more effective sales pitch to you guys about facilitators might have been that we accept their offer to pay for the data gathering -- the quantitative information that is necessary for the study, but that in order to offset the concern about control, we have the facilitator. Probably their cost would be about 300 grand and ours would be about 100 grand. Just a thought. MR. MULHERE: I can share just a little bit of information with respect to the cost of a facilitator because I did speak to the Army Corps of Engineers. And the firm that they used was out of Carbondale, Illinois on the ADG process. The cost was $200,000 for that process. CHAIRWOMAN MAC'KIE: Did FGCU folks -- I don't think there is any reason to even discuss it. The Board is not interested. Direction then for staff on the funding issue? MR. MULHERE: That will affect the time frame and that is my reason for asking as we -- COMMISSIONER CONSTANTINE: Does anybody disagree with what I just suggested? COMMISSIONER NORRIS: No. COMMISSIONER CONSTANTINE: If they want to help fund it, that's wonderful. CHAIRWOMAN MAC'KIE: What if they don't; then we are? COMMISSIONER CONSTANTINE: Then that's not so wonderful. COMMISSIONER CARTER: Where are we? I thought that they had agreed to fund the GIS survey. CHAIRWOMAN MAC'KIE: But that's only one tiny piece of this. COMMISSIONER CARTER: I know, but that's what they agreed to do. CHAIRWOMAN MAC'KIE: They agreed to a lot more than that. COMMISSIONER NORRIS: Well, the bottomline is we're going to fund it, unless they want to help. So let's just leave it at that. COMMISSIONER CONSTANTINE: I do think -- they did make some commitments on the record, off the record, in the newspaper. We ought to try to hold them to those commitments. If they don't, it doesn't mean we're not going to do the study. COMMISSIONER CARTER: I think the way I understand it is they are willing to fund it. They were not willing to pay for a facilitator Page 91 August 3, 1999 for the Berry group. That they were -- you know, they were comfortable with whoever you want to put on that group and they would pay for data gathering. COMMISSIONER BERRY: I think we ought to hear from -- CHAIRWOMAN MAC'KIE: Come on up and tell us. COMMISSIONER BERRY: I agree with Jim. I think that's -- MR. FERNANDEZ: We have five of them. CHAIRWOMAN MAC'KIE: Let's hear from this gentleman first since we're on that topic. MR. FERNANDEZ: The first speaker is Ernie Cox. COMMISSIONER BERRY: Yes, it is. MR. COX: Good afternoon, Commissioners. My name is Ernie Cox. George Varnadoe is in Montana. That's why I am -- COMMISSIONER CARTER: Fly fishing. MR. COX: He is fly fishing. I'm jealous. I'm filling in for him. To answer the specific question that was asked -- and I can save some other comments for whatever time you feel might be most appropriate. If you recall, the concept of a detailed study of the eastern Collier properties area -- and it's now expanded beyond just our client's property to the entire rural area east of the estates. So that's the area we're talking about. The original concept came as a reaction to the down-planning and down-zoning that had been proposed by DCA. We looked at that and said, "That's not going to result in anything good for anybody." And we came up with a plan of, "We'll go study this land over this time period." That was presented March 19th at the workshop. Obviously, there has been a great deal of evolution since that time. We are heavily involved in the efforts in Tallahassee with the Governor and Cabinet and working through this. Our proposal to the County is basically as follows -- and it's essentially the same as it was to begin with. Our five clients, the eastern collier property owners, have agreed that we will fund the study of the eastern Collier property areas. It doesn't include a facilitator. We would come before the Board and the expanded Berry committee with a scope of services. My guess is that takes place sometime in October or November. With a scope of services that provides in detail just as you would go out and ask for a consultant and we will present to you a scope of services of the areas that we believe should be included in that study that we think takes two years to do. And we will commit at that time to fund those components. If, in the course of the public hearing discussion, a suggestion comes up that there should be something additional to that, then that would be something that would be additional and funded by whoever wish to fund it, perhaps some of our intervenors or the environmental groups would put some money into that effort if they've got something they would like to fund. But we're willing to make a commitment to pay for the study of the properties. Now, understand this is not -- and I heard a lot about this. A concern that we will hire certain consultants, they will go off by themselves and come back two years later with a finished product. That's not what we envision. We envision the expanded Berry committee meeting, evaluating the scope, bringing that scope before the Board, having the Board say, "Yes, that is a scope that we believe in, go do." Page 92 August 3, 1999 The data would then be gathered. As data is gathered, it would be made available to the public. There would be workshops during that process. I have had some discussions with one of the intervening groups today about folks that ought to be on the expanded Berry committee. And, generally, I think we're all on the same page in terms of landowner representatives and environmental group representatives, the public having a direct interest and involvement in the process, people in the Immokalee area who have a direct impact in what happens here and that community element of the eastern portion of our County. So I think that's something that is important from what it looks at. But we're willing to fund the study. What we're not willing to do is turn over a blank check, just as we're not asking the County to turn over a blank check. We can assure you that the scope will be reviewed and approved. We will follow that scope in the analysis. If there are additional things that need to be looked at, we'll consider those. And we have -- we have a very big interest, obviously, as the owner of the majority of the lands out there and we have a great interest in doing this right. It's going to be done in the public. We envision the gathering of data, data be provided, additional data being provided by the folks. We envision then an analysis of alternatives in a working process throughout the year so that then when it comes time to propose amendments to the comprehensive plan, to actually implement the work of the study, we will have had a broad-based public participation throughout the process. So that's what we're willing to do. I thought I would make it clear now. CHAIRWOMAN MAC'KIE: Thank you. Does the Board want to hear public speakers -- the others at this point? COMMISSIONER CONSTANTINE: Sure. CHAIRWOMAN MAC'KIE: Ms. Cacchione, do you got something you want to say first? MS. CACCHIONE: There are two other items in case public speakers want to speak to these issues, as well. November 30th where we have to submit the remedial amendments, we're also proposing to you that at that point in time we transmit our public amendments for this cycle. We usually transmit them in October. We would like to take it as one package. We will do separate ordinances in case they find any one particular item not in compliance or to have a problem with it. The other issue is the density reduction amendments for the urban area. The question is if you would like that to be included in that November cycle. If so, we're seeking your final direction on that today so we can either include that as part of the package for November. CHAIRWOMAN MAC'KIE: Okay. Let's go to public speakers. MR. FERNANDEZ: Next two speakers are Nancy Payton and David Guggenheim. CHAIRWOMAN MAC'KIE: While they're coming up, I will just put in the record a letter from Brad -- what is his last name? COMMISSIONER BERRY: Cornell. CHAIRWOMAN MAC'KIE: Thank you. Good grief. Cornell. I can't read his handwriting though. He's president of the Collier County Audubon Society. I told him that I probably would not read the whole letter into the record, but it does ask for a facilitator. I will share it with the rest of the Board and give it to the court reporter. Page 93 August 3, 1999 MS. PAYTON: Good afternoon. My name is Nancy Payton. I'm representing the Florida Wildlife Federation. Of course, we have a very different view on how this process ought to proceed. First, it's our position that the rural fringe committee that was established after the March 19th meeting and the rural oversight committee, today called the Berry committee, should be dissolved. We also feel that the technical committee that was discussed by Mr. Mulhere is not an appropriate committee to undertake this planning effort. We ask that you decline the eastern property owners' offer to fund and undertake the planning effort for their lands because it does not meet the final orders test of a, quote, "Community created plan for the future." We say, "Encourage them to bring their information and ideas to the community's planning table." We also ask that the community character committee, the one that's meeting today, be suspended in terms of their involvement with non-rural lands. I don't quite understand how they fit into this planning process, other than afterwards dealing with aesthetic issues and green space and connectors possibly. CHAIRWOMAN MAC'KIE: I think they're concentrating initially on urban. MS. PAYTON: Well, that would be good. We would just like to clarify that. And what monies were committed to them to deal with the non-urban lands be used for the facilitator and the planning effort. We also encourage you to engage the Conflict Resolution Consortium to design and direct from the get-go the, quote, "Collaborative, community-based effort that insures," quote, "full and broad-based public participation." And, again, I stress, it's public participation, not observation at various workshops. And, lastly, we ask that you seek an opinion from the Florida Commission on Ethics regarding the legality of paid lobbyists serving on the various committees that are going to be dealing with resolving the final order issue. That's an issue for us and for others. Something very simple. Also, we wanted to address the assessment a bit because we talk a great deal about the rural area. And, true, the agro lands on our future land use map are included in this study and they may be divided into the far eastern, as well as the rural fringe area, and phased in, but there's also some other very important components to this assessment. That is, all private and public conservation lands, including those NRPAs. We have five NRPAs, CREW Lands north and south of Belle Meade, Camp Keis, the Okaloacoochee Slough and southern Golden Gate Estates, which we feel ought to be in the planning process combined with the Big Cypress area of critical state concern because they're under the same restrictions. Those are our comments. We feel that without a facilitator who plots the course of this planning process, the public trust will not be there and it will be a process that still has the baggage that it had during the past year. It's the only way that I think the community can come together and feel as though there are not hidden agendas. That there will be a facilitator that has neutralized those various concerns. And I just cannot stress enough that, please, consider using a facilitator. The Conflict Resolution Consortium, which is a quasi State agency that's the Florida -- the university and also the legislature. COMMISSIONER CARTER: I have a few questions, Nancy. Page 94 August 3, 1999 MS. PAYTON: Sure. COMMISSIONER CARTER: You mentioned a group, the Center for Conflict Resolution, who heads that and what is the person's background? MS. PAYTON: It's the Conflict Resolution Consortium. It's with the -- I did print out from the -- CHAIRWOMAN MAC'KIE: Is that the Florida State? MS. PAYTON: Yes. It's supported by the State university system and the Florida legislature. It's based in Tallahassee at the Florida State University. And then it has regional offices. CHAIRWOMAN MAC'KIE: They had indicated a willingness to work -- MS. PAYTON: And it specializes in neutral, technical assistance to a wide range of professionals, agencies, staff, and citizens engaged in public problems throughout Florida. It helps design efforts of intergovernmental collaboration, community and public problem solving -- and we've got problems here -- and land use and environmental dispute resolution. They have a history of dealing with the very issue that we're wrestling with today. CHAIRWOMAN MAC'KIE: What they do -- MS. PAYTON: It's also suggested by DCA as -- COMMISSIONER CARTER: The second question I want to ask you is you mentioned lobbyists. Would you consider -- would you consider yourself a lobbyist? MS. PAYTON: I am a paid lobbyist. When I mentioned it, I said it's a concern for us because we have a ruling from Lee County that does raise the question of the appropriateness of paid lobbyists serving on certain committees. And it's an issue that's going to come up. I think that we should resolve it by getting opinions straight out because it's going to come up. CHAIRWOMAN MAC'KIE: It's already come up. COMMISSIONER NORRIS: It's up. MS. PAYTON: Whether it's me or somebody else. CHAIRWOMAN MAC'KIE: Frankly, it came up in my discussions with staff about their thoughts on this technical working group. Apparently, that group doesn't take votes and that's the way it avoids the issue of the conflict that has arisen with regard to the Environmental Advisory Council. COMMISSIONER CONSTANTINE: This is where I'm going to go with EAC questions, but I don't understand why an advisory body can't discuss and make recommendations because they have no binding authority. And if you have people who are passionate on one side of the issue or the other or whose livelihood is based on one side of the issue or the other, to tell them they have to be excluded from the process doesn't make any sense. I agree with you. We need to get a ruling -- MS. PAYTON: It's a question. COMMISSIONER CONSTANTINE: -- that says it can be included. It's a very good point. CHAIRWOMAN MAC'KIE: Barbara, did you have questions for Ms. Payton? COMMISSIONER BERRY: No. The only concern that I have -- and I think probably now is an appropriate time as any to bring it up. CHAIRWOMAN MAC'KIE: Why do I always shutter when you introduce things that way? COMMISSIONER BERRY: You should. It's nice to know that you have that kind of effect on people. No, not really. Page 95 August 3, 1999 But you have a huge County here and I just wonder how the residents of Naples -- the City of Naples would feel if we brought the people from the eastern part of the County and started telling them how they ought to handle matters in the City of Naples. CHAIRWOMAN MAC'KIE: Agreed. MS. PAYTON: Agreed. COMMISSIONER BERRY: I don't think that they would be too well received, frankly, and that's a reason that I would be most reluctant. I believe that the people that are out in this area should be a preponderance of people on this committee because they're the people that this is the land you're talking about. And I'm not saying that you all don't have a concern over the entire part of Collier County. I'm not saying that. And I think you ought to be heard and I think you ought to have input. But coming from a farming background -- and I don't mind -- I don't apologize for that in any way, shape or form. But I have very, very strong feelings about farm land. And what -- I wish instead of all of us sitting up here fighting and arguing over this, you ought to be out promoting agriculture to continue in South Florida, instead of fighting over what you want preserved here, there and somewhere else. Because I'll tell you, the day is going to come, folks, when you're going to go to your local grocery store and you're going to pick up a tomato and it isn't going to come from the United States or it's not going to come from a local source. And instead of sitting here fighting and spending thousands and thousands of dollars on legal fees and doing all this stuff, you ought to be out here supporting this farming community to keep on farming, doing everything you can to keep them doing what they're doing, and making that effort possible. And I'll -- I just dare you to say that -- when you start talking about preserving lands -- and I'm very passionate this. I grew up in this. And I just -- you know, you talk about preserving all the little critters and all the little this and the that. I'll tell you, these farmers -- if you had access to this land, which maybe is what ticks you off in the beginning, you would see that there's a lot of little critters running around out there that you have no idea about and that they are being preserved and they are being taken care of. MS. PAYTON: What we're telling you is this is the Governor and the Cabinet's final order, not our desire. COMMISSIONER BERRY: I understand that. But you've been at this for so long. MS. PAYTON: And it promotes agriculture. COMMISSIONER BERRY: I'm fine and I know what we have to do. We have this Cabinet order and we're going to deal with it and we're going to do it right. But at the same time, I'm saying this publicly to the people in Collier County. Stop fighting about this kind of stuff and get out there and support these farmers to keep on producing and doing what I would like to see them do and I'm sure what a lot of other -- people forget about where that tomato comes from. You've got people that probably live in the City of Naples that have no idea. They think the tomato grows in Publix. I'm sorry. (Applause.) COMMISSIONER BERRY: I've had it clear up here. I just happened to return from the midwest where corn prices are hitting rock bottom Page 96 August 3, 1999 and they're going to lose about 6,000 farmers in the State of Iowa. So I am impassioned about the farming industry and I'd wish you'd all support that, instead of some of this other stuff. MS. PAYTON: Well, this is a community planning effort and we'll all learn about that during it. COMMISSIONER BERRY: You all ought to know by now. You're too old not to know. MS. PAYTON: I brought to this Board agricultural information in the past and have been promoting protecting ag lands. That's been one of our campaigns. So I think it's misdirected if it's just going at the Federation. COMMISSIONER BERRY: I'll take a shot at all of you, not just you. MS. PAYTON: Okay. CHAIRWOMAN MAC'KIE: Any other questions for Ms. Payton? Our next speaker then. Thank you. MR. FERNANDEZ: Next speaker is David Guggenheim and then Bruce Anderson. COMMISSIONER NORRIS: That was spoken like by the true agro American that you are. COMMISSIONER BERRY: I'm sorry. You can't get the corn stalks out of your hair, so that's the way it goes. MR. GUGGENHEIM: There was a pun there. Good afternoon, Commissioners. For the record, David Guggenheim, President and CEO of The Conservancy of Southwest Florida. And I speak to you on behalf of our 5,500 member families and nearly 700 volunteers. We're at a point in this community where I think we have great potential to do good. And I think we all know and appreciate the fact that there are some great minds in this community. And when we really put our heads together, as we have in different committees in the past, we're capable of really achieving some wonderful things. I want to commend Chairman Mac'Kie -- Chairwoman Mac'Kie on her remarks both in Tallahassee representing the Board when this issue was decided by the Governor and Cabinet and also at the meeting the other night, the town meeting, and particularly some of your comments about land conservation and land conservation fund. I think that's very forward thinking and I think that's going to be part of the solution of this. Not the only solution, but certainly part of an overall solution to this problem. As I told the Governor and Cabinet in Tallahassee, I pledge The Conservancy's fullest participation and support at the table during this process. I think that we all recognize this is a daunting challenge. It's going to require a lot of technical input. I think Commissioner Berry pointed out very passionately the need for a great deal of information to be coming together. I am pleased to announce that the Conservancy has a new director of environmental science named Doctor Steve Bortone who brings a wealth of environmental experience with him. You'll learn much more about him in the next couple of weeks. But his technical input and our science division's input, we would offer that to this committee and help as best that we could. I have three brief recommendations. And Nancy Payton did a great job, I think, of expressing those. But, first, we would also strongly recommend a facilitator. A facilitator played a key role in the Army Corps EIS project. I don't think it would have been possible without it. Not only does that make the meetings more efficient, but it also Page 97 August 3, 1999 helps introduce a neutrality to that that I think has a very good effect and builds faith among the participants. The second recommendation is I don't think the so-called expanded Berry committee is what DCA had in mind in the recommended order. As Nancy put it, I think that we have to be mindful that this has to be a community-based effort. Everybody has to have an equal seat at that table. And I support research and that kind of work that those folks have proposed, but it needs to be in the context of a community-based committee. And I think the two are certainly compatible with one another, but let's be careful to follow the recommended order carefully. And, number three, we've had a lot of discussion about dividing up this process into different phases or different geographic components; rural fringe, rural east, et cetera, et cetera, et cetera. Again, I think we need to be careful. As I told the Governor and Cabinet on this issue, we must be mindful again of why we are here. We're here because of a failure to protect the environment adequately and the environment needs to drive much of this discussion. So we need to base any decisions on how to divide things up on the best possible science and that will emerge from the committee. So I would urge you to defer those kinds of decisions and let the committee decide how to divide itself up and how to divide up its responsibilities. I also want to just reflect that we are not alone. This is a national issue, issue of urban sprawl. And one -- we're certainly not alone on the ag issue, as Commissioner Berry pointed out. And ag will be part of the solution. In Palm Beach County they just passed a $100,000,000 bond referendum for ag preserve, which basically helps the farmer and it helps the environment. I think the environmental community is very enlightened about the fact that ag has wildlife value and plays an important role in our rural lands. If we help ag, we help the environment in most cases. So we're with you, Commissioner Berry, on that. Again, The Conservancy is there to provide the support in this process. Thank you. CHAIRWOMAN MAC'KIE: A question for you, David. In the event that this is a process that's not designed by a facilitator, is it your recommendation that an additional committee be formed to review the recommendations? Say, for example, if the expanded Berry committee or the Berry committee or whatever we're going to call it continues to exist, is it your understanding from the order and your recommendation that we have a general community committee through which this information would pass on its way to the Planning Commission and the County Commission; is that what I heard you say? MR. GUGGENHEIM: I think that's correct. That the community-based committee, which is a balanced committee that allows participation of a broad range of stake holders, would be essentially the guiding force in all of this. I think that's the expectation from DCA. And if it needs to spawn other committees, so be it, but let that be their decision. That's my value added to the idea. CHAIRWOMAN MAC'KIE: Any other questions for Doctor Guggenheim? COMMISSIONER BERRY: I am not sure I fully understand how -- how you're going to operate all of this. I mean, you have got so many committees set up, you're going to have committees reviewing committees. Page 98 August 3, 1999 CHAIRWOMAN MAC'KIE: I tell you -- COMMISSIONER BERRY: It's getting a little confusing. CHAIRWOMAN MAC'KIE: It is getting confusing. It's partly because of that that I wish, again, that we would go to the professionals at the Consortium to tell us how to do this. They do that all over the country and they could tell us how to do it in conjunction with -- you know, FGCU's business school has just started a mediation and conflict resolution specialty. They have a section -- COMMISSIONER CONSTANTINE: Did we poll the Board on that? CHAIRWOMAN MAC'KIE: I think we did. But as people continue -- I assume that you're listening to the speakers that come to you and you might be persuaded by some of the things that they have to say. Faulty assumption, tell me and tell them and they can quit telling you. COMMISSIONER CONSTANTINE: Not at all. I'd love to hear from them. I just don't need to hear you telling me the same thing over and over and over. That's all. CHAIRWOMAN MAC'KIE: Well, Commissioner Berry asked a question about it becoming so cumbersome. And in response to that question, and in agreement with that, I was pointing out that that's where a facilitator might be helpful. MR. GUGGENHEIM: I would just say using the model of the ADG, which was a very big group -- over 30 representatives -- it was up to -- with the help of the facilitator, that group was divided into smaller groups. It was very structured. That helped, I think, to keep that process on track. But, you know, I'm not trying to understate the challenge here. I think there is some confusion about how to set that up. What I think is clear is that first and foremost it needs to be a community-based process that allows the fullest level of public participation. CHAIRWOMAN MAC'KIE: Thank you. Are there questions? Next speaker. MR. FERNANDEZ: The next speaker is Bruce Anderson and then Brad Cornell. CHAIRWOMAN MAC'KIE: Brad had to leave and I put his letter in the record. COMMISSIONER CONSTANTINE: So that means Mr. Anderson is the final speaker? CHAIRWOMAN MAC'KIE: Does that mean Mr. Anderson is the final speaker? MR. FERNANDEZ: Mr. Hancock is the final speaker. CHAIRWOMAN MAC'KIE: And then -- gosh, you took a whole five minutes. Do you have more to say? We'll talk about that. MR. ANDERSON: Good afternoon, Commissioners. My name is Bruce Anderson. I want to encourage you to try to utilize the model along the technical working group. That group took a look at urban density reduction and workshopped it, worked closely with the staff and the consultants. And I think, as you may recall, when that issue came to you there was not any strong or organized public opposition to what wound up being recommended. And, you know, we can call it a community working group and pare down some of the names that are on it and add some to it, but the beauty of that process was it avoided any conflict of interest problems. It involved stake holders, which you have to have the stake holders buy into the end result and the process or we're all wasting our time. And under Florida statutes, the stake holder has a conflict Page 99 August 3, 1999 and they can't vote if it's a recommendation that is coming to you. Now, that may be asinine, but that's the law. The technical working group, they just provide input to the staff and your consultants. They decide what they want to do and bring it to you and to the Planning Commission, the Environmental Advisory Council. If people are still not happy, they have the public workshops and hearings to provide input. The second point I want to make. Do not combine amendments that are required by the final order with your regular amendment cycle. Do not fall into that trap. You need the ability whenever an assessment or a phase of an assessment is completed for you to go through the comprehensive plan amendment process and get it accomplished at that time and not be subject to the twice a year limit that is otherwise imposed by statute. That's very important. So go ahead and keep your regular comp plan amendment October hearing dates like you normally do and take up the remedial and interim amendments according to the time frame that is outlined in the final order. Don't fall into that trap that I think DCA might like for you to fall into and make their job easier. They haven't made our job any easier. And, last, I want to ask you to separate the so-called rural fringe or rural transition area from eastern Collier properties and ask that you take up the segment along Immokalee Road that is closest to the urban area first and try to get that accomplished by December 15th. That's the area where you're going to be the most susceptible to temporary taking claims if they should arise. Thank you. CHAIRWOMAN MAC'KIE: Questions for the new named partner at Young, Vanassenderp, Varnadoe -- and who was that -- Anderson? COMMISSIONER CARTER: Thank you, Bruce. That clarifies a number of issues for me. Thank you. CHAIRWOMAN MAC'KIE: Next speaker. MR. FERNANDEZ: Tim Hancock. And as you said, you already heard from Ernie Cox. I wasn't planning to call him again. MR. HANCOCK: Good afternoon, Commissioners. For the record, Tim Hancock. I'm going to be very clear. I'm here speaking very briefly as a member of your select committee on community character. I have a little bit of experience with how sometimes misinformation in the public forum can be stated and possibly not really be entirely truthful, so let me take a very brief opportunity. Ms. Payton made a comment about our committee -- and as soon as this is over, Mr. Guggenheim and I will be racing to our meeting that started at 3:00 down at Development Services. But she made a reference to work within the rural area and asked you to prohibit this committee from dealing with anything in the rural area and even suggested that the funding allocated should be moved from that to this process. Obviously I didn't know anything about that until I was here today. But that committee is dealing with the rural area only from the aspect of -- the focus effort mentioned green space and open space and conservation areas as a priority. And that is how the committee is discussing it. We're not looking at transitional areas or rural ag or anything like that. So that is the entire framework within which the select committee is dealing with anything in the rural areas. Trying to accomplish the focus objectives that dealt with conservation and preservation of open space. Page 100 August 3, 1999 The second point is the fundin9 that has been allocated or has at least been budgeted by this Commission is to hire someone to do something very unique in planning and that is to implement a plan as opposed to just create one. So I would ask that you please stick by your funding decision. I wanted to clarify the issue regarding any rural activity or rural recommendations from the committee are limited strictly to the basis of our existence, which is the focus report. CHAIRWOMAN MAC'KIE: Thank you very much for clarifying that. MR. HANCOCK: Thank you. CHAIRWOMAN MAC'KIE: And unless you have some pressing matter you haven't told us yet -- MR. COX: Madam Chair, if I might. I had not planned to answer the question that was asked. CHAIRWOMAN MAC'KIE: But you made a whole five minute speech. If you have something pressing, go ahead. MR. COX: It will be very brief. The first thing to keep in mind is that -- CHAIRWOMAN MAC'KIE: For the record, your name. MR. COX: Sorry. Ernie Cox. I'm here representing the eastern collier property owners. Three points very quickly. The final order was entered by the Administration Commission, which is the Governor and Cabinet sitting together. They have directed the County to have this planning exercise that must be broad based with community input. We agree with that. However, they are not telling you how you must do it. And the proposal that has been discussed whereby there would be an oversight committee directing public hearings, workshops, information provides for it. They don't say you must use a facilitator, nor do they say you must use a committee. They have given that flexibility to the County. And we know from Steve Seibert's comments he's not up there to micromanage what the County does. CHAIRWOMAN MAC'KIE: That's right. MR. COX: It has to comply with the final order. We don't think there's a need for a facilitator. I always like to go into a process like this with an expectation that the parties will deal openly and work with each other and that there will be in the public forum a process that will work. And I believe under the leadership of Commissioner Berry we can have that. And I do believe at the end of the day all of the people involved will say that was a fair, broad-based, public participation. I just don't like starting something by saying it's going to fail. Final point -- and it relates to why we believe we should be going forward to planning and fund this property -- is the great majority of the land in that area is owned by us. And we recognize there are stake holders, but when you talk about stake holders it's just like your own house. If someone is going to come in and tell you how to use your backyard, you might want to be very, very heavily involved in the planning and the review of your own backyard. That's how we feel about this. Thank you very much. CHAIRWOMAN MAC'KIE: Thank you. MR. FERNANDEZ: No other speakers, Madam Speaker. CHAIRWOMAN MAC'KIE: So staff is looking for some direction from us about, first, do we agree with the schedule that they have given us and -- what else do you need from us, Mr. Mulhere? Page 101 August 3, 1999 MR. MULHERE: Just I think some -- the utilization of the two-step process and the technical working group expanded, as well as the Berry committee expanded. And then, finally, whether or not -- I think it's critical for us in terms of trying to define a schedule whether or not we will utilize the services being offered by the rural property owners. I'm just not sure if I've gotten a final direction in that respect. CHAIRWOMAN MAC'KIE: Is there interest on the Board to have a general community committee to which all of the fringe committees would report, the Berry committee and others would report; the technical committee would make recommendations? COMMISSIONER CONSTANTINE: That sounds like a very government thing to do to have committees reporting to committees. I would rather have the community participants participate at the same time, rather than have one discussion with the building industry and the environmental industry and their discussion go on to the community. Let's make them all -- CHAIRWOMAN MAC'KIE: Get them all in the room. COMMISSIONER CONSTANTINE: Make them all at the same time. COMMISSIONER BERRY: Because there will be probably public hearings obviously when it goes to the Planning Commission. CHAIRWOMAN MAC'KIE: Again, I want to be sure because I heard this so clearly from -- frankly, I heard this from Jeb Bush that they're going to be there for us, they're going to support it. He came down after the hearing and spoke to me and said, "We're going to be there. We are going to support you. We are going to work with you. We need for this -- the hallmark will be public participation." I took that very seriously and took it to mean that public hearings where you are a speaker in the audience is not the same as a public participant as a member of the panel. COMMISSIONER NORRIS: Would you please define for me what your interpretation of the public is? Because everybody in this room is a member of the public. And some of them are paid lobbyists and some of them are not, but they're all members of the public. CHAIRWOMAN MAC'KIE: I am aware of that, John. COMMISSIONER NORRIS: What is it that that -- what is your concern; that we're not going to have members of the public participating? CHAIRWOMAN MAC'KIE: I guess what I do mean by that is if you had seen the group that was here for this Wednesday night panel -- presentation on this, you would see that although there were quite a number of the usual suspects, there was a jam packed room full of people who aren't usually in this room. COMMISSIONER NORRIS: That's not what the newspaper said. CHAIRWOMAN MAC'KIE: Well, you believe everything the newspaper writes, don't you, John? COMMISSIONER NORRIS: Absolutely. COMMISSIONER CONSTANTINE: I was just going to say when we went through that list -- when Mr. Mulhere read that list and we had the Sally Barkers, the Chuck Mohlkes, the Janet Vaseys, not only are they not coming with an agenda, other than trying to take care of the community, also none of them are shy. I mean, they speak up. They say what they mean. They are truly representative of groups within the community. So I think we have in there some participants. And if we need to pepper it with more, I don't have an objection to that. But I would Page 102 August 3, 1999 just like them to be -- I agree with you. They should be an active part of that. And then the public outside of that, other public members, will have their chance at those meetings, at the Planning Commission, at our meetings. But I think those type people need to be a part of this process. If we don't think there's enough on that committee right now, great, let's make another three slots or five slots or however many. But I think the makeup of that if you balance out -- I didn't do the counting on how many were building industry or how many were environmental groups, but make sure those are balanced. I would rather have, if anything, a stronger amount of people from just general, everyday folk representing community or civic associations or that kind of thing. CHAIRWOMAN MAC'KIE: That's what I meant by general public. COMMISSIONER NORRIS: My point is very similar to that. What my interpretation of that statement that was made to you is don't start excluding people from your committees. Don't limit it to one group or another group or a pair of groups or something like that, but allow anybody that has the interest to apply for and perhaps be named to it with space available. CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: opinion. COMMISSIONER BERRY: members on this committee. committee at this point. Immokalee area. CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: farm bureau. That's new. Absolutely. That's the point of that statement, in my Let me tell you of some members -- more For lack of a better term, the Berry Individuals who do live over in the Good. Ed Hanlon who is with IFUS over there. Good addition. David Santee, who happens to be with the I am sure -- you know, I don't think that we see him frequenting the office here. Karen Johnson, Ron Hamil. Ron is with the citrus -- Gulf Citrus Group. Fred Thomas. Fred has been mentioned in the other group, but he was also mentioned. chamber in Immokalee. CHAIRWOM3kN MAC'KIE: COMMISSIONER BERRY: the chamber over there. CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: farmer. That's unique. of his land. Sonya Tuten, who is the president of the Good choice. Maria Louviere who happens to be the exec of Also a good choice. Floyd Cruz. Mr. Cruz happens to be a I mean, after all, we're talking about some Carrie Williams, another farming family. Ann Olesky, who is also from the marina over at the Lake Trafford area. CHAIRWOMAN MAC'KIE: Oh, yeah. That's good. COMMISSIONER BERRY: So for people -- for people to say that this is just narrowed down to perhaps the Colliers and some of the others, that's not true. That's not the case in this situation at all. And if there is somebody else that has a burning desire, I am sure that if they approached -- you've got to have something that is manageable. I mean, this idea of broad based I agree with it, but at some point in time you've got to say we have to start with a group where we can start getting ideas formulated. You'll never get 300 people in a Page 103 August 3, 1999 room together and say, "We've got to come up with something here that makes some sense." COMMISSIONER CONSTANTINE: It takes these five several hours to get something. COMMISSIONER BERRY: Exactly right. So to imagine that -- CHAIRWOMAN MAC'KIE: Item 8(A) (1) we're on right now. COMMISSIONER BERRY: I mean, how far can you go? I think your point is well taken that they do want it to be a community-based group and have community input. I don't think there is any question about that. But at what point do you say, "Wait a minute here. We've got to get a number that is a workable number." CHAIRWOMAN MAC'KIE: That sounds good. That sounds broad. Those sound like wonderful additions. The next question that I have has to do with -- I'm assuming that the Board is going to direct staff to break this into phases so that we immediately deal with the fringe where the pressure exists. Who is the -- who is the public participation group for the fringe? Because that's not the Berry committee. COMMISSIONER CARTER: I think that's for the technical committee, if I understood it. And I think you want to revisit your technical committee and make sure you get a broad-based support of people there for that. The second observation I would have from this is that that committee could say, "Look, we want to establish X number of public hearings and use a facilitator to get a broader base to come back to that technical committee," which would kind of fold in a lot of needs so that everyone has an opportunity. If they don't feel like they're participating they say, "Well, I can go to this public hearing and it's facilitated and that comes back into the technical committee." So, first of all, look at that technical committee very, very carefully and find out do you have a good mix there, number one. Number two, let that committee come back and tell us that, yeah, let's have some public facilitation or hearings or whatever you want and we want X number of those before they come back to the other EAC, Planning Commission and us. COMMISSIONER CONSTANTINE: I like the idea of the boiled down technical committee. And if we need to thin out one side or the other, if that's out of balance, and bolster the general public, put the Janet Vaseys and Chuck Mohlkes and Sally Barkers. Those people that are serving on there in my mind are exactly what we're looking for. People who truly represent the community. Maybe use that as the baseline and we build that or trim that as necessary to make sure it's balanced. CHAIRWOMAN MAC'KIE: So is that sufficient direction if you're seeing enough nods on the Board -- and it looks like you are -- for those two concepts? MR. MULHERE: I think just two questions. One, yes, I think the staff is comfortable to come back with recommendations on the technical working group, in terms of representation and membership, for the Board on September 14th. With respect to the Berry -- the oversight committee, I have a question. That is, whether or not the Board would like to solicit anyone interested in serving on that committee to respond to you or to us in the interim or whether or not the Board will name people to that committee. I think the last time we did this there was some confusion Page 104 August 3, 1999 with respect to that. I want to make sure there is no confusion this time. COMMISSIONER CARTER: You could probably get input both ways. People could come to us and they could come to you, Bob. I think the public who wants to serve on that should get their resumes to you so you have an opportunity to sort through that. And we can feed it to you, but there has to be a central clearinghouse. MR. MULHERE: We can perform that function. And I would like to suggest that we need to receive a request to serve on that committee by September 1st. COMMISSIONER CARTER: That's fine. CHAIRWOMAN MAC'KIE: Is that acceptable? COMMISSIONER BERRY: That's acceptable. CHAIRWOMAN MAC'KIE: Sounds good. COMMISSIONER CONSTANTINE: I assume there is some process. Some people in the general public may not know where to find Mr. Mulhere. So if that makes its way into our office, I assume our staff will get that to Mr. Mulhere. MR. MULHERE: We will create a spreadsheet for you to consider on September 14th. CHAIRWOMAN MAC'KIE: Anything else? MR. MULHERE: So I understand those and I still wanted to move to the next issue, which was -- well, there is two more issues. One, did the Board wish for us to include the urban density reduction in the November 30th cycle of amendments? COMMISSIONER CARTER: I do. I think we ought to move that forward. COMMISSIONER CONSTANTINE: I do. CHAIRWOMAN MAC'KIE: There is a majority. MR. MULHERE: Okay. And will we build in then a process whereby the consultants for the rural agricultural property owners will then come after some public workshop defining the scope of the study, come and bring that scope to the Board for consideration? COMMISSIONER NORRIS: I question -- just a clarification. This Board is going to select the consultant; is that the way -- MR. MULHERE: That's the question I'm asking. CHAIRWOMAN MAC'KIE: We're going to approve the scope of services. And once we look at the scope, if we see things that we need to add, we understand that we will pay for those. There will be -- it won't be a blank check. The eastern collier property owners will say, "Here is the scope we're willing to pay for." If we think we need three more things, that will be for us to pay for. First of all, we approve the scope. And, secondly, we approve the consultant. I heard that that was exactly what the property owners agreed to. Is that -- if I am wrong, please stand up and run to the front. COMMISSIONER NORRIS: He's sitting. CHAIRWOMAN MAC'KIE: He's sitting. Oh, he's up. COMMISSIONER NORRIS: Sit back down. CHAIRWOMAN MAC'KIE: Your name for the record. MR. COX: Yes, I'm sorry. I keep forgetting. Ernie Cox. Certainly the scope we have no problem with that. We would like to bring to you the consultants that we believe would be able to do the work. We have some folks who have actually done a lot of work and will be doing more as we go. Page 105 August 3, 1999 We've also started putting together some work because you know that the NRPA maps have to be adopted on the September 14th date. So we have engaged already the engineering firm of Wilson, Miller to work with us in putting that together. We're going to be meeting with staff later this week to kind of show them what it is. CHAIRWOMAN MAC'KIE: I'm going to try to get you to make it a little short. We're lawyers and we talk a lot. Are you saying that if you don't get to select the consultant you're not paying? MR. COX: I don't know what the scope of that would be. CHAIRWOMAN MAC'KIE: I understand you're going to define the scope of -- you will define the scope of what you will pay for. Once you have defined the scope of what you'll pay for, we might add to that or not. But the question is: Do you have to choose the performer of the work in order to pay for the services within the scope that you agree to? MR. COX: I think we would certainly have to have the ability to decide if we were going to pay for a specific consultant in the process. COMMISSIONER NORRIS: That's fine. CHAIRWOMAN MAC'KIE: So if we don't like your choice, then you can go hire him for your private use and we can hire somebody for government use if we disagree. Maybe we won't, maybe we will. COMMISSIONER CONSTANTINE: Or we might even suggest as part of that, if you have some suggestions you create a short list of sorts of those that are acceptable, rather than picking one. And that may provide an opportunity in the public forum for us and any members of the public or any other group to say, "Golly, we don't like choice A, but B, C, and D are all fine." At least to have some dialogue on that, so -- my concern is the perception is if you all come forward with just one and that's it or else -- the perception of that isn't very good. If there are several or a few that are recognized experts in those fields and we bring them forward, we have a discussion and the public has a chance to discuss that, that's probably a fair -- COMMISSIONER NORRIS: We'll probably -- it looks like we're going to need a facilitator to select a consultant. COMMISSIONER CARTER: I think we'll find mutual agreement is what we're trying to say. MR. COX: I think we can. I really do. I just can't stand up here and say, "You guys pick and we'll pay." At the same time I'm not going to say, "It's got to be so and so or it is no one." CHAIRWOMAN MAC'KIE: We'll work on it together. MR. COX: Our approach is we want to work with you guys on this. COMMISSIONER CONSTANTINE: Kumbaya, my Lord, Kumbaya. CHAIRWOMAN MAC'KIE: Thanks. MR. MULHERE: I'm sorry. I have to add one other issue. CHAIRWOMAN MAC'KIE: That's okay. Don't MR. MULHERE: Stick around. I think it's going to be critically important that the process of defining the scope and which data needs to be included, and perhaps even the methodologies, is going to require input from a wider and broader group of people than the Eastern Collier Property Owners Association. CHAIRWOMAN MAC'KIE: Thank you. MR. MULHERE: And we're going to have to have a public workshop or some forum for other people to have input into that process. If Page 106 August 3, 1999 it's in front of the Board, so be it. I just want to make that clear. We will need -- COMMISSIONER BERRY: I would assume that there would be public workshops along the way. MR. MULHERE: Before we come to you. COMMISSIONER BERRY: Absolutely. That was never any question in my mind. I thought that the first thing we needed to get going on it is this data collection. CHAIRWOMAN MAC'KIE: But we can't start collecting the data is what he's saying until we agree -- I mean, we could certainly start, but we cannot agree -- COMMISSIONER BERRY: On the scope of the project. I understand that. I thought as soon as there is a group of data available, for whatever part of the project that is, that that would be presented to the public in a workshop. MR. MULHERE: Nothing should prevent any individual from beginning to collect some data or any group from beginning to collect some data. The question that will have to be answered is: Is the data that's being collected sufficient to answer the questions? And that will require a broader public participation process before we can have a scope of data collection. CHAIRWOMAN MAC'KIE: All of that has to happen in time for you to make a presentation to us on September 14th? MR. MULHERE: Not on September 14th. That's my point. That's why I'm bringing this up. This is part of the much longer process that we have up to three years to complete. I'm not suggesting it will take three years. I'm suggesting that probably sometime in October -- and I believe that time frame was consistent with what the eastern Collier property owners were recommending. After some sort of a workshop that we can then come to the Board with a scope. CHAIRWOMAN MAC'KIE: The first job of the reconstituted, new and improved Berry committee will be to make a recommendation to this Board about scope and consultant. MR. MULHERE: Correct. COMMISSIONER CARTER: Correct. COMMISSIONER NORRIS: Agreed. Let me make a motion that we approve staff's recommendation as modified by the direction we've recently given Mr. Mulhere and with the exception that -- that the remedial amendments are not tied to the same submittal schedule as our regular plan amendments. CHAIRWOMAN MAC'KIE: So we're going to have night meetings in October and in November and some committee meetings. What is the reason -- why are we worried about doing that? MR. MULHERE: I'll let Barbara discuss that one. MS. CACCHIONE: I think part of the question is: Is DCA going to hold us to the two times per year for the remedial amendments? I think rather than holding eight public hearings and advertising in the paper four different times, the better approach would be to talk to DCA directly and make sure that that isn't a problem. What we're trying to do is facilitate everything into one cycle so that there is ease in terms of transmitting it. It will all be done as separate ordinances. So, therefore, if they find one issue not in compliance, it comes out and it doesn't hold up the process. CHAIRWOMAN MAC'KIE: So if DCA staff agrees with Barb's interpretation instead of agrees with Bruce's interpretation -- Page 107 August 3, 1999 COMMISSIONER NORRIS: Then we can change our schedule. For now my motion -- COMMISSIONER CONSTANTINE: If we have to have meetings both months -- CHAIRWOMAN MAC'KIE: By God we'll do it. COMMISSIONER NORRIS: For now my motion stands. MS. CACCHIONE: Your motion is basically to transmit in October, in terms of the plan amendments and the density reduction? COMMISSIONER NORRIS: I don't see any reason to delay people who have an ordinary plan amendment in the process. I don't see any point in delaying those people, even if it's just a month. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER CARTER: I second it. CHAIRWOMAN MAC'KIE: Anything else on the motion; any discussion further? All in favor say aye. COMMISSIONER BERRY: Aye. COMMISSIONER NORRIS: Aye. COMMISSIONER CONSTANTINE: Aye. COMMISSIONER CARTER: Aye. CHAIRWOMAN MAC'KIE: Opposed? Aye. I don't like that splitting it up. COMMISSIONER NORRIS: Let the record reflect. CHAIRWOMAN MAC'KIE: Let's take a tiny break. How about just like ten minutes? Be back at ten after 4:00. (A recess was taken.) Item #8A2 DISCUSSION OF AN EXTENSION OF THE ADDITIONAL 1% LEVY OF TOURIST DEVELOPMENT TAX DUE TO EXPIRE DECEMBER 31, 1999 - STAFF DIRECTED TO DRAFT ORDINANCE EXTENDING THE DEADLINE TO JUNE 30, 2000 WITH A REFERENDUM TO BE HELD ON MARCH 14, 2000 AND ALLOCATE THE OTHER TWO CENTS AS FOLLOWS: 70% BEACHES AND 30% TOURIST CHAIRWOMAN MAC'KIE: Call the meeting back to order at 4:10 in the afternoon. I'm going to keep talking whether you guys sit down and hush or not because I want to get this agenda moving on. We're on item 8 (A) (2). That is a discussion -- hey, I was really hoping you'd take the hint and hush. A discussion of an extension of the tourist tax. The extra penny. MR. MIHALIC: Good afternoon, Commissioners. We're before you today to discuss an extension of the one percent tourist tax that was basically levied to start January 1st, 1996 and due to expire December 31st, 1999. By super majority vote of the Board this can be extended. I know that there has been some discussion about possibly having some type of advisory referendum on this issue. So we have researched the election dates in 2000. There are three election dates -- County-wide election dates in 2000: March 14th, 2000; September 5th, 2000; and November 7th, 2000. CHAIRWOMAN MAC'KIE: When is the tax going to expire if not extended? MR. MIHALIC: It's going to expire December 31st, 1999. CHAIRWOMAN MAC'KIE: Okay. Page 108 August 3, 1999 MR. MIHALIC: The annual collections from this tax are approximately $2.8 million and the collections for this fiscal year would be short about $2.4 million if the tax expires on December 31st. We've talked to the Tax Collector's Office and they need at least three months to change their software and their forms if the tax will be changed. And they also suggested that it would be difficult for them to deal with a tax that expires on December 31st or January 1st because of all the long-term lease agreements they have that would be right in the middle of season on that date. So they mentioned that it would be better for them to have a tax that expires off season, rather than in the middle of the high season. COMMISSIONER CONSTANTINE: If it were to pass at referendum March 14th, how much lead time would it take to reinstate it? MR. MIHALIC: From the -- under the State statutes, it would take at least two months after the notice. Well, really it would be an advisory referendum, so the Board of County Commissioners would have to pass an ordinance by super majority vote and then it would take two months for the Department of Revenue to stage up to allow that tax to be collected. So you're probably talking two to three months. CHAIRWOMAN MAC'KIE: December to May. COMMISSIONER CARTER: Is there any way to keep that tax there until after the referendum? Let's say it went to referendum. If it passed, it continues. But if it was defeated, then we would have to remove it. In the interim, while we're waiting to get there to make that decision, is there a way to keep it in effect? MR. MIHALIC: The Board can pass by super majority vote an extension of any length of time by amending the ordinance. So you could amend the ordinance to extend the tax collection by any length of time you chose to by super majority vote. COMMISSIONER BERRY: referendum? CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: promised. CHAIRWOMAN MAC'KIE: So you could do it until there's a Or you can do it until -- Which takes you guys off the hook that Without losing the season. COMMISSIONER CONSTANTINE: That it would sunset December 31st, 1999. COMMISSIONER BERRY: Right. You can vote to extend it, but -- COMMISSIONER CONSTANTINE: I'm hoping Y2-K will just wipe it right out the next day anyway. CHAIRWOMAN MAC'KIE: Do we have public speakers on this topic? I know they have very patiently waited to get this done. MR. FERNANDEZ: Yes, we do. First speaker is Dick Lydon and then Dawn Jansen. CHAIRWOMAN MAC'KIE: Please. MR. LYDON: I have changed this. It's good afternoon now. CHAIRWOMAN MAC'KIE: I'm afraid so. MR. LYDON: For the record, Dick Lydon, the Chairman of the City/County Beach Renourishment Committee. It has been my privilege to speak to you all personally and in this forum a number of times regarding the extension of the third penny. While we've cussed and discussed it for many reasons why you should vote for a motion, I've come up with a couple more things that I think you should consider. First of all, since 1991 when we began the renourishment of Marco we have added 45,000 lineal feet of beach at an average of 75 feet in Page 109 August 3, 1999 width as a recreational park facility. The math tells you that's 3,500,000 square feet of newly created park lands. Now, the tax assessor tells us that beach-front property in today's world in Collier County ranges from $20 a square foot to $40 a square foot. $22 near Lowdermilk Park, $40 up in the higher up district. So when you take that number and do your multiple, you will find that we're sitting on about $75 million worth of new real estate right here on our beaches. Your affirmative vote today will add $2.8 million in fiscal 2000 to maintain a $70 million asset. It does not seem to me to be unreasonable to ask for that extension. Secondly, I heard a lot of things today about reserves. As a matter of fact, I sat down there and listened to reserves for about as long as I needed to listen to reserves. CHAIRWOMAN MAC'KIE: Us, too. COMMISSIONER NORRIS: Me, too. MR. LYDON: Without this extension we seriously reduce the reserves that we need in the event of a major storm. Projections provided by the staff indicate a reserve of $1.6 million at the end of fiscal year 2000 without the additional penny. The end of 2002 we're in the hole almost a half a million dollars. Not a good position. Because we've determined in the committee for a long time that we needed something between five and $10 million in reserve in the event that we have a major problem. We're going to have to take a look down at the beach committee to try and get some of that reserve back. And in our meeting on Thursday we have scheduled an opportunity to prioritize some of those things that you've already approved, some of the things that we are still looking at. And some of the things that look like they may come in for serious discussion are things like Lake Trafford, the Parker sandweb project, funds for the Parks and Recreation, the T-groins at Hideaway. I'm sure all of those will come in for some special scrutiny and the results of our deliberation will be passed on to TDC who will be meeting later on to come back to you, as I understand it, on the 14th of September. Ladies and gentlemen, in our past conversations I have reasoned and asked and pled for your support. Now I'm resorting to begging. Please do not let politics, pride or personal agenda stand in your way of making this fiscally responsible decision. Vote yes now. Thank you very much. Any questions I will be glad to answer. CHAIRWOMAN MAC'KIE: Thank you, sir. Any questions for Mr. Lydon? COMMISSIONER NORRIS: No. But I just would remind the Board that we somehow renourished our beach to the tune of multimillions of dollars without this third penny in place before we started the project. MR. LYDON: Not true. Not true. John, the third penny was put into place for the exact purpose of renourishing the beach with borrowed money, rather than bonding that expense. COMMISSIONER NORRIS: I understand that. I was the one that voted on that. MR. LYDON: Okay. So it was done with the third penny. COMMISSIONER NORRIS: My point was that it was never in place there until we decided to redo the beach. MR. LYDON: Now we have a lot more and more beautiful beach in which we need to maintain and renourish. Page 110 August 3, 1999 CHAIRWOMAN MAC'KIE: $75 million in new assets. MR. LYDON: Right. Thank you. MR. FERNANDEZ: Next speaker is Dawn Jansen. MS. JANSEN: Good afternoon, I'm Dawn Jansen. I represent the Naples Area Chamber of Commerce. CHAIRWOMAN MAC'KIE: Welcome. I think this may be the first time you have been in front of us as a Board. MS. JANSEN: It is indeed. I look forward to seeing you many times in the future and on such interesting issues. I must say that in representing the business community this must be the first time I've gone before the Board to request an extension of a tax. However, with the excellent information that was presented by your staff and by Mr. Lydon, I don't think I need to go into the facts. I need to simply tell you that the Chamber of Commerce has been on record in supporting the extension of this tax and that I hope that you will consider doing it. Though I understand that the extension of the additional one percent levy of the tourist development tax would be difficult to do by super majority, I hope that you will consider its extension through the referendum at least, if you will consider that. Thank you for your support. CHAIRWOMAN MAC'KIE: Thank you. Do we have other speakers? MR. FERNANDEZ: No others. CHAIRWOMAN MAC'KIE: Is there an interest on the Board in extending the tax -- the third penny for any period of time? COMMISSIONER CARTER: I would like to see -- I would like to see us extend the third penny without going to referendum. I think I could sit here for hours and tell you all the reasons why I believe we should do that. Based on my experience in other communities, we are a bargain. And this asset is used not only by us, but it's used by people who come and visit us. And it seems to me that this is a very equitable way to protect one of the greatest resources and attractors that we have. I will go on the record saying I think it is our prerogative. I think it's our duty and we have everything within our power between five people here to extend this tax without taking it to referendum. So that's where I sit on this. And I would hope that that's what we would do. If there's something -- if we can't do that, then we'll have to look in another direction. CHAIRWOMAN MAC'KIE: Commissioner Constantine. COMMISSIONER CONSTANTINE: The proposed referendum, whether that be March 14th or whenever, envisions what percentage of the third penny going to what source? MR. MIHALIC: We made no recommendation. This is just a continuation of the tax itself. We've talked about in our study a reapportionment of some kind, but I'm not sure that's ever come to any conclusion. COMMISSIONER CONSTANTINE: Because what I hear virtually everyone who gets to the podium -- everyone who speaks on the local news or Commissioner Carter just said it's taking care of the beaches. But what I've heard out of committee is more than half -- substantially more than half of the money going towards marketing the hotel industry and tourism industry in Collier County. And so if we -- if the concern is strictly taking care of the beach, I think you're going to have an overwhelming support at referendum. If the question is: Do we want to further make corporate Page 111 August 3, 1999 welfare of the tourism industry? I think you're going to have a tougher time at referendum. But if it's just taking care of beaches, which is all that anyone ever trumpets, that's fine. What I'm wondering is if we go to referendum -- let's set aside the issue of extension for the time being. If we go to referendum, if there would be any objection that we put a minimum -- we declare what a minimum amount for beach renourishment would be, either, say, all of it, 100 percent, or, say, 85 percent or whatever number we're comfortable with of that penny should be required to go for renourishment, that we do that by ordinance and that that ordinance could not be amended without a four-fifths super majority vote or a referendum of people. Because what happens is if we put 60 percent of that towards tourism, I think you have a tougher time getting a referendum passed, but also if we just leave it open then the policy can change. We've seen this happen since the first tourism tax passed. That changes every year, every couple of years and what you end up with doesn't look like what the public voted on. So if we're going to ask the public to vote on it and we're going to talk about beaches, let's really make it for beaches and let's say that can't be changed without a super majority or without a referendum. CHAIRWOMAN MAC'KIE: Mr. Mihalic had a comment. MR. MIHALIC: Commissioner, the tourist development tax ordinance -- any changes to that requires a super majority vote. You allocate whatever percentage you want to the different categories. So you can really lock that in at any time by changing that. It can only be changed by a super majority vote of the Board. So you have the option to do that at any time. In fact, it really can't be changed any other way, other than by super majority vote of the Board. That's the way that ordinance has to be amended under the ordinance. COMMISSIONER CARTER: Currently this penny -- all of it goes to the beach; is that correct? MR. MIHALIC: Yes, Commissioner. COMMISSIONER CONSTANTINE: I'll tell you what I would entertain. Let me ask a couple other questions first. If we were to extend this through March 31 and if a referendum passed on March 14th, can the tax -- assuming that the referendum is worded correctly, can the tax continue uninterrupted if it passes? MR. MIHALIC: Yes. But you have a complication with the Tax Collector's Office who really needs three months for any change. So if I might suggest -- if I might suggest that you let it expire on June 30th to give them that three months to make that change, if necessary, after the referendum passes or fails. So that you extend it for six months with a vote on March 14th. CHAIRWOMAN MAC'KIE: And the vote on March 14th would either kill or continue the tax effective June lst? COMMISSIONER CARTER: 30th. MR. MIHALIC: It's an advisory vote anyway. The only way that it can be continued would be a super majority vote of the Board. So that's an advisory referendum. COMMISSIONER CONSTANTINE: Again, my question though is -- forget the dates just for a minute and work with me on the form and substance. If the referendum passes, we can design it in such a way that it would continue uninterrupted. Page 112 August 3, 1999 MR. MIHALIC: It would amend the ordinance, yes, Commissioner. COMMISSIONER CONSTANTINE: You cannot -- you're telling me you can't have it though -- so if it was, say, March 31 -- that if it failed on a March 14th ballot, you're telling me that does not give the tax collector enough time to stop collecting it? MR. MIHALIC: From what they told me, no. They need three months to change their software and their forms. COMMISSIONER CARTER: You would have to continue to collect to June 30th if it failed, but at that point it would end. MR. MIHALIC: The change would be implemented as of July 1st. COMMISSIONER CARTER: If it passes, then it's a non-issue. COMMISSIONER NORRIS: Let me ask a question. What are the expected or the anticipated reserves at the end of fiscal year 2000? MR. MIHALIC: Overall or in a particular category? COMMISSIONER NORRIS: Overall. MR. MIHALIC: Overall? Without the additional penny, the expected carry-forward would be $11,859,000. With the additional penny -- I am sorry. The carry-forward would be the same either way. $11,859,000. COMMISSIONER NORRIS: How is that? MR. MIHALIC: Because the carry-forward is prior to those year 2000 collections. So the -- COMMISSIONER NORRIS: My question was not necessarily carry-forward, but reserves. Mr. Lydon was talking reserves here. Since we had a spirited reserve conversation this morning, I thought we would continue with it this afternoon a little bit. MR. MIHALIC: The reserves in the category A, which is the beach renourishment area, would be a little over $8 million at the -- at the beginning -- actually at the beginning of fiscal year 2000. CHAIRWOMAN MAC'KIE: But the question is at the end of the year 2000. MR. MIHALIC: We have not set the expenditures for year 2000 yet, so it's impossible to say. If all the things that have been recommended -- CHAIRWOMAN MAC'KIE: Thank you. MR. MIHALIC: That have been applied for the tourist development funding are funded, the reserves at the end of fiscal year 2000 will be $1.6 million without the additional penny. And with the additional penny there would be $3.955 million. CHAIRWOMAN MAC'KIE: What would they be in the beach fund? MR. MIHALIC: That is the beach fund. COMMISSIONER NORRIS: He's talking beach fund only. MR. MIHALIC: The beach fund is really the only one that's affected by the additional penny. CHAIRWOMAN MAC'KIE: Of course it is. I'm sorry. COMMISSIONER CONSTANTINE: If we -- when we go to referendum with a third set, does the form of that have to go through -- required to go through TDC before it comes to us? That goes back to the origins of this issue in 1990 in the one -- in the referendum that was declared null and void because it hadn't gone through TDC. MR. MIHALIC: Because it's an advisory referendum I wouldn't think so, but I think I would like some legal help on that. CHAIRWOMAN MAC'KIE: Is there a reason why we wouldn't want it to go to TDC? COMMISSIONER CONSTANTINE: I don't mind if it does, but I do have a reason. I will tell you after we hear the opinion. Page 113 August 3, 1999 MS. ASHTON: For the record, Heidi Ashton, Assistant County Attorney. You currently have in your current ordinance the tourist plan that was adopted and that was the problem that that plan did not go to the TDC before. The proposal to continue the one penny and then the further allocation of that has been discussed by the tourist development tax. I'd suggest that if you decide to break it down in the future -- if you decide to continue the tax for category A at this point and maybe in the future break it down into more than one category, then you would need to return it to the Tourist Development Tax Council for their input. COMMISSIONER CONSTANTINE: Have they discussed this and have they made any recommendation up until this point? MS. ASHTON: Is there? MR. MIHALIC: Their recommendation was to continue the tax, yes, Commissioner. COMMISSIONER CONSTANTINE: So they have heard this and they've discussed it. I just don't want to get into the scenario -- and I will explain in a minute why. I don't want to get into the scenario of -- I'm looking to Mr. Weigel. If we put some caveats on this today that that comes back later for them telling us, "Well, gosh, that didn't all go through the TDC," the way it did in 1990. CHAIRWOMAN MAC'KIE: A different question. What has to go is the plan. I did that research I am sorry to say. What has to go is the plan. The plan has gone and been approved. That's the only thing that they have this sort of veto power over; is that right? MR. MIHALIC: Yes. The additional one percent levy, again, by State statute, is by super majority vote of the Board. MS. ASHTON: Any amendments to the plan -- so if you change the allocation for the additional one cent, then that would require the input. COMMISSIONER CONSTANTINE: That is where I am going. I don't want to change the allocation. I like the fact that it goes to beach. However, I suspect that the reason the hotel industry is supporting the third cent isn't because we've got great beaches. It is to buy more advertising. There is nothing wrong with that. They're trying to take care of their industry. I just don't know that's the best use of that money. If the consideration is what Mr. Lydon said and Commissioner Carter said and others, I'd rather see that money actually go towards the beach. COMMISSIONER CARTER: Well, that's my understanding of where it would go. It's the other two cents where they get a percentage to use for tourist promotion. That penny is devoted to -- that category, I guess, is A. MR. MIHALIC: A. COMMISSIONER CARTER: Beaches and boat ramps. MR. MIHALIC: Beach facilities, inland lakes. COMMISSIONER CONSTANTINE: Maybe I have caught my own error there. Does that mean the formula that we've used to date would be altered in any way or could be altered in any way on that first two cents to diminish the amount? Is this the education money for lottery scenario where you're collecting money off this new one and a little extra money out of the first two cents is now going to go towards advertising; more than what has in the past? Page 114 August 3, 1999 MR. MIHALIC: That decision is up to you, Commissioners, by super majority vote of the Board only. COMMISSIONER CARTER: It doesn't change any of it. COMMISSIONER NORRIS: Let's refresh ourselves here. Out of the first two cents -- the original two cents, 60 percent of that goes to the beaches, right? MR. MIHALIC: Right, Commissioner. COMMISSIONER NORRIS: And 40 percent is left in advertising. Personally, I would support forgetting the advertising and just put two cents into the beach. I would support that today. COMMISSIONER CONSTANTINE: I would support that. I would support -- I'd support that, I think. COMMISSIONER NORRIS: I would support that today if that's what we want to do. I never -- COMMISSIONER CONSTANTINE: Why I'd hesitate on that -- the only problem we'd have to talk about is there are -- there are some particular things -- we do some things with our museum and a couple other areas -- COMMISSIONER NORRIS: Okay. COMMISSIONER CONSTANTINE: -- that need to be funded. I don't know what that percentage is. I think we need to be careful. COMMISSIONER NORRIS: Fair enough. That's correct. But I've never been comfortable with on the one hand most of the work we do up here and we spend a couple hours this afternoon trying to slow down growth and on the other hand funding tourism advertising. That's always seemed such an irony to me. So I would support doing away with that if that's what the rest of the Board wants to do. COMMISSIONER BERRY: He's absolutely right. That's my same opinion. We sit up here and we work about growth and all those kinds of things. And, yet, on the other hand, the industry -- we are -- our economy down here is a large tourist-based economy. COMMISSIONER CARTER: That's right. And Governor Bush just made a very big plea to the tourism industry in Tallahassee that the number one part of his agenda is to promote tourism as part of our industry in the State of Florida. COMMISSIONER BERRY: But therein lies the problem. At the same time then one of his own agencies up there is on us about doing what we're doing. So it's a real concern. Because the more we bring people down here and they see how well this County has done, they'd like to be a part of it and that presents problems. COMMISSIONER CARTER: Well, they're going to come whether we promote it or not. COMMISSIONER BERRY: You're right. There is no question about it. CHAIRWOMAN MAC'KIE: I guess it would be -- as afraid as I am to ask this question, we better ask the Board: Are there four members today who are willing to make that change? I'm not. I heard that two are. COMMISSIONER NORRIS: I see two that are not. CHAIRWOMAN MAC'KIE: Good. Because then we can stop that discussion and go back to this possible -- COMMISSIONER CARTER: I would leave the formula alone. I understand having the third penny going totally to category A. Rather than see it go away, I could go to referendum with the extension to June 30th year 2000 so we don't -- we don't lose it. At least we've got it that long depending -- you've got to take it back to the voter. Page 115 August 3, 1999 Personally, I don't think it has to go back to the voter, but I'm not going to get a fourth member to agree with me on that. CHAIRWOMAN MAC'KIE: Is there a fourth member who is willing to change their mind on that? Let's go there. COMMISSIONER CONSTANTINE: No. COMMISSIONER BERRY: To do what, Pam? CHAIRWOMAN MAC'KIE: How about making that a motion, Commissioner Carter? COMMISSIONER CARTER: I move that we take the third penny to referendum on March the 14th with an extension of it currently until June 30th. So in the event that it is defeated, we can allow the tax collector to change its software. If it is passed March 14th, then we would continue it for how long; forever? CHAIRWOMAN MAC'KIE: Indefinitely I would hope. COMMISSIONER CARTER: Indefinitely, okay. CHAIRWOMAN MAC'KIE: Is there a second to that? I would love to second it. COMMISSIONER BERRY: I will second it. CHAIRWOMAN MAC'KIE: Good. There's a motion and a second. Discussion on that motion? COMMISSIONER CONSTANTINE: Is it anticipated that during that extension 100 percent of that money would continue to go towards beaches? COMMISSIONER CARTER: Yes. CHAIRWOMAN MAC'KIE: Absolutely. COMMISSIONER CONSTANTINE: Would there be any interest in altering the formula at all from 60 to 40 to something more for beaches if that's the primary concern? CHAIRWOMAN MAC'KIE: Could that be looked at separately? COMMISSIONER CONSTANTINE: It could. I'm just thinking I would be more comfortable with a fourth vote here if I knew that would be the case. CHAIRWOMAN MAC'KIE: Isn't that where we get in trouble with TDC though amending the plan without going back for a recommendation from the council? MR. MIHALIC: We have to bring an amended ordinance back to you anyway, Commissioners. If you give us some direction today, we can bring whatever your recommendation is to the TDC on August 30th and then amend -- bring you an amended ordinance in the future. COMMISSIONER CONSTANTINE: And that amended ordinance would again require four-fifths? MR. MIHALIC: Yes, Commissioner. CHAIRWOMAN MAC'KIE: So the motion that's currently on the floor is to extend the tax without monkeying with the percentages at this point. Of course, we always have that option. COMMISSIONER CONSTANTINE: And that was my question. Would you be willing to consider that? COMMISSIONER CARTER: I would rather see us get this other in place and then at some other future date if we need to change that, Commissioner, I would be amenable to listening to that discussion. COMMISSIONER BERRY: I think that's fair. CHAIRWOMAN MAC'KIE: I do, too. COMMISSIONER NORRIS: My problem is, of course, that when I originally voted on this tax I did so on the premise and the promise, both, that it would sunset this December 31st. And that is where I'm caught. Page 116 August 3, 1999 It may make better economic sense to do it another way -- and since that time I've learned maybe not to be quite so definitive in my opinion-making, but I am stuck with this one. COMMISSIONER CONSTANTINE: Well, I would agree with you and I think the issue -- I have said this several times, but the issue goes beyond this simple item. It's, again, a government credibility issue. We promise we're going to sunset something on a particular date and how many times have we seen government say that and as the deadline draws near they say, "Wait. We got some more ways to spend this money. We should continue it." And so I do understand the economic aspect of what you're trying to do with the extension. I think there is a very real credibility issue there. I share that. COMMISSIONER CARTER: How can it be if you're taking it to the voter? You're letting the voter -- to meet what you feel is your obligation to make that decision. All we're trying to do is stop from interrupting the flow of funding until that decision is made. So I don't think you're comprising your ethics or your commitment to the public. You're just saying scheduling-wise we need to do this in order -- I mean, we don't control the software. So it gives everybody to me a win win in this situation. The voter will make that decision. In the interim we will collect the fee until the voter makes that decision. COMMISSIONER CONSTANTINE: I guess the only difference there is I would love to let the voter make the decision. I just don't know that I am ready to extend. I understand where you're going with it. I just -- it's a credibility issue. CHAIRWOMAN MAC'KIE: Can you think -- COMMISSIONER BERRY: On the other hand, we're saving the taxpayer some money by not holding a special referendum just to deal with this issue. So, you know, the earliest we can do this is March 14th, I guess, or whatever that date is. COMMISSIONER NORRIS: Unless we want to do a mail-out ballot. COMMISSIONER BERRY: Unless you want to do a mail-out ballot, but, then, again, that -- there is a cost incurred there to do that. So, you know, I understand -- and I am not putting you guys -- you voted on this originally. I did not. I don't have the same feeling that you do about it. CHAIRWOMAN MAC'KIE: Do you think that the only way you can keep your commitment then is to either -- because the fiscal costs -- the cost of shutting down and starting back up in the event it were to pass at referendum -- for the tax collector that fiscal expense and also -- the only other alternative being a special ballot, the costs associated with that, it seems to me, I am hopeful, that you could see that voting three months later than you had expected to vote is still in keeping with your promise considering that it's fiscally sound from -- not even looking at the $75 million asset that is new, but looking at it from the perspective of what -- how does the wheels of government turn. COMMISSIONER NORRIS: Well, I know everybody thinks that we just walk in here on Tuesday after living in a cave and having never thought of any of these points, but that's not the case. And I have thought about all these points and I have researched it all and come to an agonizing conclusion that what I said was what I have to do. Page 117 August 3, 1999 COMMISSIONER CARTER: What if -- to come back to Commissioner Constantine's proposal that we change the 60/40 on the other two cents. Would you feel more comfortable if it was 70/30 or 65/35? Would that change your thinking in any way? COMMISSIONER CONSTANTINE: It could potentially influence my thinking. COMMISSIONER CARTER: Well, sweetheart, let's dance. CHAIRWOMAN MAC'KIE: Let's dance. COMMISSIONER NORRIS: He is bidding 70. What do you bid? COMMISSIONER BERRY: That's what I was going to say. We'll have an auction up here now of percentages. COMMISSIONER CARTER: What if it was 65/35, Commissioner; how would you feel about that? COMMISSIONER NORRIS: Well, first of all, you can't commit that because that takes a -- that takes an ordinance amendment with all the public advertising and two hearings. CHAIRWOMAN MAC'KIE: As this will. As this will. COMMISSIONER NORRIS: I understand. My point is you can't commit today that that's what is going to happen. It has to go through all this process and get a vote. COMMISSIONER CONSTANTINE: But if we rolled the two together and made that one single vote, then -- if I supported that today, I wouldn't necessarily have to support it when it came back if that wasn't a component of it or if that component wasn't a part of the vote that day. COMMISSIONER NORRIS: So you're saying we're not going to make a decision on this today? CHAIRWOMAN MAC'KIE: We can't. COMMISSIONER CARTER: I could amend my motion to include where Commissioner Constantine wants to go and then it's got to go through process and you've still got an opportunity to see if it flies. CHAIRWOMAN MAC'KIE: At this point we're basically directing staff to amend an ordinance and bring it forward or not. COMMISSIONER CARTER: Right. COMMISSIONER NORRIS: Well, that's not what the motion on the floor is. CHAIRWOMAN MAC'KIE: He's willing to amend the motion, I guess, is what the dancing comment was talking about. COMMISSIONER CARTER: I will amend it to change the first two cents to take 70 percent to the beaches and 30 percent to the tourists for motion. CHAIRWOMAN MAC'KIE: And to reflect that an amendment to the ordinance will be drafted and brought back for a formal approval? COMMISSIONER CARTER: Right. CHAIRWOMAN MAC'KIE: Does the second amend? COMMISSIONER BERRY: No. I don't think so. I think before we do that -- I think there should be some -- some communication with the individuals involved here. I mean, they may well buy into it, that's fine. I would rather -- I would rather do it with them buying into it. On the other hand, if this is what it's going to take to get this passed -- CHAIRWOMAN MAC'KIE: It sounds to me like this is the only way to keep this alive so that we can have staff draft an ordinance, give us the time to get that input. The ordinance would then go to the TDC and others -- other interested groups because it has to as an Page 118 August 3, 1999 amendment to the plan. So it would give us the chance to keep it alive and none of us are committed to the vote. We are at this point instructing staff to draft the ordinance that we'll make a formal decision on when it's in front of us. COMMISSIONER CONSTANTINE: And the motion considers tying those two things together; the extension and the alteration in one? COMMISSIONER BERRY: I will second it. CHAIRWOMAN MAC'KIE: All right. COMMISSIONER NORRIS: Wait a minute. We're going to run into a timing problem here. We're going to run into a timing problem. How long is it going to take us to amend this ordinance? MR. WEIGEL: I think that we can prepare the ordinance rather quickly. I think what is being discussed and considered here is that we make sure that the ordinance and all considerations that you're talking here -- both the one cent -- the third cent, as well as a change in the allocations of the first two cents would be discussion items for the TDC August 30th, which, of course, has interested hoteliers and others on the committee, as well as can be present and speak to that committee and Board members in the meantime. It would come forward probably September 14th as an advertised ordinance. COMMISSIONER BERRY: So we're just merely keeping this alive. COMMISSIONER CONSTANTINE: And when it came forward September 14th, it would have the proposed extension and the proposed change all wrapped into one ordinance change? MR. WEIGEL: I think so. Again, you're back meeting -- pardon my interruption. COMMISSIONER CONSTANTINE: And that would require four-fifths again? MR. WEIGEL: That's exactly right. So all you're doing is putting the process in place for your ultimate consideration, yeah or nay later, but we know what time frames we're dealing with specifically to inform the public, the tourist, interested entrepreneurs and others. I said September 14th. If that's too quickly, it would seem to me that it's not out of the realm and not a problem if it was the meeting two weeks after that either. CHAIRWOMAN MAC'KIE: Sure. MR. WEIGEL: It's whatever we can get advertised working in coordination with TDC. COMMISSIONER NORRIS: Well, see, you're getting into my point. If you go past September with this for whatever reason, then you're into the 90-day window that the tax collector needs before December 31st. MR. WEIGEL: Well, I think we've got October, November, December. I wouldn't mean getting into October. We would be doing it either September 14th or the second meeting in September. COMMISSIONER CONSTANTINE: I think Commissioner Norris' point is if we do -- and hopefully that's not what is happening. But if we did get into October and November, he's saying he needs that much time to wind it down. If it's still sunsetted December 31st, he would then be running out of time. So we would have to be able to hear this by -- CHAIRWOMAN MAC'KIE: The end of September. MR. WEIGEL: Probably the 28th. CHAIRWOMAN MAC'KIE: Mr. Fernandez. MR. FERNANDEZ: Mr. Olliff reminds me of the fact that you should also address your other funding commitment in the first two pennies. And that is the library -- I'm sorry. The museum. Page 119 August 3, 1999 COMMISSIONER CONSTANTINE: I would say of that 30 percent that's left that would be priority number one. COMMISSIONER NORRIS: Me, too. CHAIRWOMAN MAC'KIE: And we would have those options presented to us when we look at the ordinance on September 14th or September 30th or whatever that date ends up being. MR. MIHALIC: Absolutely. And there would also be the extension for six months on the third penny. CHAIRMAN MAC'KIE: All right. There's a motion and a second. Any further discussion? COMMISSIONER CONSTANTINE: To clarify, can we do that motion one more time? CHAIRWOMAN MAC'KIE: I'll try. It's to extend the third -- well, to instruct staff to draft an ordinance amendment to bring back to the Board that would extend the tourist tax third penny until June 30th subject to -- COMMISSIONER CONSTANTINE: 2000. CHAIRWOMAN MAC'KIE: June 30th, 2000 with a referendum to be held on March 14th, at which time if the tax -- if the referendum passes, the tax continues. If it fails, it stops effective June 30th. And also to reallocate the other two pennies of tourist tax 70 percent beaches, category A, and 30 percent -- COMMISSIONER NORRIS: Others. CHAIRWOMAN MAC'KIE: Others with an emphasis on tourism. I am sorry. With an emphasis on museums. COMMISSIONER CONSTANTINE: And that third cent 100 percent of that is anticipated to go to beach renourishment. CHAIRWOMAN MAC'KIE: Category A. All in favor please say aye. COMMISSIONER BERRY: Aye. CHAIRWOMAN MAC'KIE: Aye. COMMISSIONER CONSTANTINE: Aye. COMMISSIONER CARTER: Aye. CHAIRWOMAN MAC'KIE: Opposed? COMMISSIONER NORRIS: Aye. CHAIRWOMAN MAC'KIE: Passes four to one. MR. MIHALIC: Thank you, Commissioners. CHAIRWOMAN MAC'KIE: Okay. Vince, the next item on our agenda is the Summerwood PUD, which I don't understand because it's also 12(C) (1) . Do we have to do it twice? MS. ARNOLD: No. We moved it. For the record, Michelle Arnold, Code Enforcement Director. This item was initiated as a complaint to our department from a resident of the Coconut Creek Estates development, which is adjacent to the Summerwood PUD, which is also known as Timber Lake off of Radio Road. The complaint was for the removal of exotics. The investigator reviewed the adopted document with the PUD document and the PUD document clearly noted a requirement to remove exotics. Therefore, the investigator proceeded with a case and met with the Timber Lake board and their management crew and came to an agreement around March 5th of this year to remove the exotics. CHAIRWOMAN MAC'KIE: If you don't mind my interrupting you, everything you're telling us is in the staff report. I trust we've read it. I'm sorry. Do you have something to add beyond the staff report? Page 120 August 3, 1999 MS. ARNOLD: Well, there are some points that I just wanted to make because -- and they're not exactly in the staff report. That the minutes clearly show that there was a desire from the Board to appease the property owners of Coconut Creek. It states, however, I think, that there was some confusion as to when our tree removal ordinance was adopted. There was discussion it was adopted in '82, which would exempt the PUD because that date was in 1981. It actually was adopted in '79, so there was no way that the -- legally I think staff could exempt from that requirement. We're proposing today that they be required to remove it, but do a phase schedule similar to the original recommendation from the Planning Commission at the time that the Board heard this of a ten-year period. It's a phase removal of the exotics, which would allow the vegetation that was added to the PUD, which included wax myrtle and some ficus plants, to take over what is being removed and provide a similar buffer that the Coconut Creek residents desire. COMMISSIONER CARTER: Can we do a ten-year removal without just having a receding of the exotics? Whatever we started up here, by the time we get down to here I'm back here cleaning it out. MS. ARNOLD: This is just kind of -- because we've gone back and looked at all of what was discussed at the time. That's what was proposed from the Planning Commission. That was not actually what went into the adopted document. And we were in March at the point of getting a removal of all the exotics. CHAIRWOMAN MAC'KIE: Michelle, pause a second. As much as I can, I want us to avoid history. If Mr. Weigel will tell us that, do we have the authority today to propose a solution similar to the one that Doctor Carter just outlined or are we limited to something else? MR. WEIGEL: I don't think we have the authority. If he's talking about generally or specific to this property -- CHAIRWOMAN MAC'KIE: Specific to this property. While you're thinking about that, I will let Commissioner Constantine give us his idea. COMMISSIONER CONSTANTINE: When you say discussed at that that, at what time are you talking about? This has actually been before the Board in about three different times. MS. ARNOLD: There were two different times in April and November of '98 that the Board discussed this item. COMMISSIONER CONSTANTINE: Okay. In '98? MS. ARNOLD: I'm sorry. '89. I'm a little bit dyslexic after a long day. COMMISSIONER CONSTANTINE: I've gone back through and read those minutes and read the news clippings and read -- we've got a pretty good history available to us from the residents in the area. And I've got to tell you it sure looks like the Board said, "Gee, this is a unique situation. We're not going to make you remove everything." I don't know how it was -- I do know now, but how it was worded in the final document. But from reading of those minutes and reading of the news clippings and reading everything that went on at that time, it seems pretty clear that the Board said, "We're going to make an exception here." I think we have some frustrated homeowners now who said, "Golly, we have been through this once or twice already and thought ten years ago we had this and why are we revisiting it again." I can't answer that question. I don't know why we're visiting it again. It really seems clear from those readings that they were -- Page 121 August 3, 1999 and I understand there is some question about exotics. I hate to go back and tell them, "Okay. We're going to do something completely different than I've already ten years ago promised you." MR. WEIGEL: I think Assistant County Attorney Melissa Vasquez will add to what I'm going to say. You're absolutely correct I think in the history. And what had happened was ten or so years ago when this PUD was heard before the Board, there was incorrect information to the Board as to the genesis -- the time frame of our exotics control ordinance specifically to these kind of trees. It actually was already in effect. The Board was told that it wasn't in effect at the time that the development had come into being. And so the Board with slightly erroneous information in regard to a date of implementation of our exotics control ordinance thought that this in a way kind of grandfathered it in and it was unique and did what they did. And it has been that way all this period of time since then. But the ordinance itself doesn't specifically read that way. But what the Board approved on the record does read just as you stated. COMMISSIONER CONSTANTINE: And, I guess, if there was an error made, doesn't that responsibility fall on us, the Board or then Board, as opposed to on the residents ten years later? MR. WEIGEL: Sometimes it does. For instance, if building permits are issued in error, ultimately, we, the County, have the ability to say, "Whoops, that was a mistake. We're very sorry," but can go forward and revoke the building permit. This is different than that -- COMMISSIONER CONSTANTINE: Agreed. MR. WEIGEL: But it doesn't apply in all cases. I will turn it over to Michelle and Melissa now. MS. VASQUEZ: Good afternoon. Melissa Vasquez, Assistant County Attorney. Your question about that you think it's clearly stated in the record that it was an exception, I think there is -- it's not that clear and that's why staff is coming back to you. There is some indication from the minutes of the meetings that are involved that that was the intent of the Board is to allow these exotics to remain based upon the County Attorney's opinion at the time, as well as other circumstances. That's kind of a catch-all statement that's made in those minutes. There are other circumstances involved that would allow for an exception. The only confusion I think that is created is the fact that the actual amendment -- the PUD amendment, the language there that was specifically presented to the Board, which said, "No trees, other than exotics, shall be removed." And I think that's why staff is looking for some direction from you because they have received complaints that those exotics should be removed. Everybody else has to remove exotics. Why doesn't this group have to remove exotics? In looking through the history, there may very well have been an exception made for the Timber Lake area, but the documentation is inconsistent and that's why they're looking for direction from you. COMMISSIONER CONSTANTINE: Isn't there some question there, too, on the wording where it says, "Other than exotics"? Or there was at least one place printed, "Or other exotics." MS. VASQUEZ: Originally in the first draft I guess you would call it of the ordinance it said -- I believe it said, "No trees, Page 122 August 3, 1999 including exotics." There was a specific statement saying that those exotics would not be removed. And going back and looking at the history of how this evolved, I talked with the County Attorney Ken Cuyler at the time and Marjorie Student who would have been involved in that, as well. There was no specific memory of the process from either of those individuals, but the assumptions or guess was that that came to Marjorie and she knew that there was an exotics ordinance that required exotics to be removed and she changed that language to be consistent with that existing ordinance, not knowing that the Board had a desire to exclude that area from having to remove -- COMMISSIONER CONSTANTINE: So that was a staff change, rather than a public hearing change? MS. VASQUEZ: I believe so. And we don't know that for -- MS. STUDENT: For the record -- excuse me -- Marjorie Student, Assistant County Attorney. What I think happened was when I reviewed the document -- I reviewed the documents before the Board sees them way in advance of the public hearing. I knew about the ordinance and I had that change made because I knew about the exotics ordinance. At that time I was not attending Board meetings. And I think maybe something -- some other opinion was given at the Board meeting and that I was not in attendance at. Because that language was already in the PUD document, the planner is responsible for making sure that the PUD document reflects what the Board did. And unless the planner does that, I'd never see it again. I believe that's what happened, to the best of my recollection. COMMISSIONER CONSTANTINE: I guess, it just kind of backs up my point that the public came to that meeting in 1989 thinking that one thing was happening and it appears that the Board even thought that was happening, but due to a change on staff level then you have a question mark on, "Okay. Were exotics included or not?" The intention of the Board from those minutes seems reasonably clear that they did not intend them to be. CHAIRWOMAN MAC'KIE: I have to agree. As much as I'm a supporter of the exotic removal ordinance, I can't read these minutes. I would have done the same thing you did and bring it to the Board for confirmation. But the minutes say that -- I mean, Commissioner Hasse seconded the motion after he spent the whole dang meeting discussing that he wanted those exotics to stay in so that the buffer was there. MS. ARNOLD: Can I just make a -- one point that really confused me was on page 15 of the minutes right before the final motion was made in November where Commissioner Saunders questioned Ms. Cully as to her satisfaction of the -- of the ordinance that was being presented today which was recommended by the Planning Commission. It was that language to remove the exotics. And Ms. Cully responded in concurrence that she was satisfied with the exception of the removal of exotics. CHAIRWOMAN MAC'KIE: And Ms. Cully was there as a member of the public, I assume. It's hard to -- it's hard for me to infer from that that the Board would not approve the ordinance in front of them because of one person in the public was there to object. That's not particularly relevant. MS. ARNOLD: I agree with that. My point is that it's confusing to me based on that comment that the question -- there is a question Page 123 August 3, 1999 as to whether or not the intent or the ordinance that was presented clearly stated the removal of exotics. CHAIRWOMAN MAC'KIE: I see your point now. MR. FERNANDEZ: Madam Chairwoman, Debra Cully is a speaker. CHAIRWOMAN MAC'KIE: Why don't we hear from her? MR. FERNANDEZ: Debra Cully. CHAIRWOMAN MAC'KIE: Still living. MS. CULLY: I am Debra Cully. I am an 18-year resident of Coconut Creek Estates. I represent the homeowners of Coconut Creek Estates. I have been here through two Collier County Commissioners before you. This didn't start in 1989, my dear friends. This started in 1981. If you'll allow me a few minutes, I will walk you through this briefly. And I mean quicker than what's been since nine o'clock this morning. We will put this thing to rest. CHAIRWOMAN MAC'KIE: Good. MS. CULLY: My home is on Esther Street and it directly borders that buffer. As the gentleman said earlier, when your backyard is involved, you get involved. And, yes, I'm involved. You will notice the top page. I just received a letter on July 26, 1999 from Mr. Burt Saunders himself. I sent him a package just like you have here and I said, "Mr. Saunders, there is problems now with what you had done as a Commissioner. Will you please read the documents, see if your memory is spurred and please respond?" And I highlighted there and I'm going to read it. "The good news is that relying on my memory does not appear to be necessary in this case. The record is clear that there would not be any requirement to remove exotics from the buffer area. Stipulation K from the November 28, 1989 County Commission meeting provides, "GMA agrees that the buffer should remain in its natural state and agrees that no trees or other exotics should be removed from the buffer area." The motion and second and County Commission vote clearly contains this condition. County Attorney Ken Cuyler agreed that no exotics would be required to be removed from the buffer area. The final document that was executed" -- he put 89-33 because if you look back it's a little blurry -- "contains wording that is clearly inconsistent with the motion that was approved by the Board of County Commissioners. I believe that if this matter was brought back before the County Commission or if this matter was presented in Circuit Court, both the County Commission and the Circuit Court would rule in your favor." And I want to briefly take you through this. Go to the very first paper clip. COMMISSIONER CONSTANTINE: Before you do, can I make a motion that we just rule in their favor? She's got a comprehensive thing here that's going to convince you beyond belief. I hope you -- COMMISSIONER NORRIS: I will second. MS. CULLY: I want to make sure this time. I have in my hands for my neighborhood 2(C) . That's what caused all this problem in the first place. This little document behind here threw everybody out of align because someone made a typographical error. And 18 years later we're hashing this out again. When you approve this, I want documents in my hand once and for all and lay this to rest. COMMISSIONER NORRIS: Can you handle that, Ms. Arnold? MS. ARNOLD: We'll have to bring that back before the Planning Commission and then back to you. CHAIRWOMAN MAC'KIE: Good grief. We have to amend the PUD? Page 124 August 3, 1999 MS. ARNOLD: Yes. CHAIRWOMAN MAC'KIE: Okay. MS. CULLY: Okay. COMMISSIONER MAC'KIE: So the motion is to direct staff to amend the PUD in that respect. MS. CULLY: When you say amend it, would you please tell me how it is going to be amended? What is it going to say; what does that mean? COMMISSIONER CONSTANTINE: To clarify once and for all that those exotics do not need to be removed. MS. CULLY: Do not need to be removed or will not ever be removed from that buffer zone? CHAIRWOMAN MAC'KIE: We can't control what a private property owner decides to do with their -- MS. CULLY: It's not private property. COMMISSIONER NORRIS: There will be no requirement to remove those exotics. MS. CULLY: Thank you. COMMISSIONER CONSTANTINE: If everybody who lives in that community 30 years from now decides they hate them and they want to cut them down, they have that option, but there is no requirement. CHAIRWOMAN MAC'KIE: The community will decide. COMMISSIONER CARTER: If they get destroyed naturally by a disaster, a hurricane takes them all down, then we wouldn't expect you to replant the exotics. CHAIRWOMAN MAC'KIE: Okay. MS. ARNOLD: All we would need is direction to the County Attorney's Office to have them proceed with that amendment. COMMISSIONER CONSTANTINE: That's included in my motion. CHAIRWOMAN MAC'KIE: There's a motion and a second. All in favor say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. We will change the court reporter. (Brief recess.) Item #13A1 PETITION 0SP-99-01, R. BRUCE ANDERSON OF YOUNG, VAN ASSENDERP & VARNADOE, P.A., REPRESENTING GULF COAST BUILDING ASSOCIATION, REQUESTING APPROVAL OF OFF-STREET PARKING FOR PROPERTY DESCRIBED AS LOT 46, CYPRESS WOODS ESTATES PLAT #2, TO SERVE THE EXISTING BUSINESSES LOCATED AT 3838 NORTH TAMIAMI TRAIL - CONTINUED TO SEPTEMBER 14, 1999 CHAIRPERSON MAC'KIE: We'll call the meeting back to order for the Board of County Commissioners, August 3rd, 1999. Yes, Mr. Fernandez. MR. FERNANDEZ: We have an item on the agenda that I understand is being requested for continuation, and we probably ought to announce that now because we have a speaker. The item is 13(a) (1) . It's Petition OSP99-01. It's the Cypress Woods Estates plat request for off-site parking petition. There is a request to continue the item. CHAIRPERSON MAC'KIE: I asked the petitioner if they would continue this so I would have a chance to meet with the property Page 125 August 3, 1999 owners in the area and we see if there's something we could do to make everybody happy, but, no promises, but I do appreciate the continuance if the board will agree. COMMISSIONER NORRIS: Okay. COMMISSIONER CARTER: So the back half can leave. CHAIRPERSON MAC'KIE: Okay. Bye, Bruce. Get out of here. COMMISSIONER NORRIS: We need to vote on it. MR. FERNANDEZ: We need to vote. CHAIRPERSON MAC'KIE: Do we need to vote to continue? COMMISSIONER BERRY: Sure. COMMISSIONER CONSTANTINE: What is it you want to continue? CHAIRPERSON MAC'KIE: Continue the parking lot behind Gulf Coast Bank. COMMISSIONER BERRY: I'm in favor of continuing the parking lot between -- behind the Gulf Coast Bank. CHAIRPERSON MAC'KIE: parking lot. COMMISSIONER BERRY: CHAIRPERSON MAC'KIE: COMMISSIONER NORRIS: CHAIRPERSON MAC'KIE: COMMISSIONER NORRIS: COMMISSIONER BERRY: CHAIRPERSON MAC'KIE: COMMISSIONER BERRY: CHAIRPERSON MAC'KIE: Opposed? (No response. ) Continuing the petition for applying the Okay. Do we have a motion? Yeah. Who made it? I did. John did -- Second? -- but I'll second it. All in favor, please say aye. COMMISSIONER CONSTANTINE: What item number was that? CHAIRPERSON MAC'KIE: It passes unanimously. That was 13(a) (1) . Item #9A RESOLUTION AUTHORIZING, AS A VALID PUBLIC PURPOSE, EXPENDITURES OF FUNDS FOR COUNTY COHMISSIONERS TO ATTEND FUNCTIONS OF FRATERNAL, BUSINESS, ENVIRONMENTAL, EDUCATIONAL, CHARITABLE, SOCIAL, PROFESSIONAL, TRADE, HOMEOWNERS, ETHNIC, AND CIVIC ASSOCIATIONS/ORGANIZATIONS - DENIED Okay. Continuing with the morning agenda, appointment of members to the Hispanic Affairs Advisory Board. COMMISSIONER NORRIS: Forgot the County Attorney's report this -- CHAIRPERSON MAC'KIE: I'm so sorry. I skipped something? COMMISSIONER CONSTANTINE: Did we do the impact fee thing already? CHAIRPERSON MAC'KIE: Yes, we did. COMMISSIONER NORRIS: 16(j) (3). COMMISSIONER CONSTANTINE: That was when I was late? COMMISSIONER CARTER: Yeah, we did that. CHAIRPERSON MAC'KIE: I'm sorry. 16(j) (3). Thank you, Commissioner Norris. Under County Attorney and, I think, both of you were pulling that off the agenda. COMMISSIONER CARTER: Yes. Commissioner Constantine? Page 126 August 3, 1999 COMMISSIONER CONSTANTINE: I just was -- was going to vote against it again because my concern -- again, I understand the intent and you're just trying to make sure that if there are things we should be doing for the public, you know, it allows us to do them, but I have the very real concern that the public tax dollars and paying for us to go to some black tie affair, something and, so, we had that discussion. I don't need to rehab it. I just want to pull it off for the opportunity to vote against it. COMMISSIONER CARTER: Well, I pulled it because of the wording. It says, each event is $150 and, to the best of my recollection, that if I went off to a seminar, I probably couldn't go because it would be limited to $150. So, I think the wording is wrong. I don't have a problem with the number of $2500 per commissioner per year, but I do have a problem with the other wording, which prohibits us -- ties our hands from doing anything. CHAIRPERSON MAC'KIE: How did that happen, Mr. Weigel, because I don't -- I don't remember discussing that at all about a dollar limit? MR. MANALICH: That was a -- CHAIRPERSON MAC'KIE: I'm sorry. The total dollar limit certainly, but per event. MR. MANALICH: For the record, Ramiro Manalich, Assistant County Attorney. There's no magic in that number. That was just in our discussions with the Clerk, who had been very helpful in trying to formulate this, that was just a suggested number, but I think Commissioner Carter raised a fine point, which is that it may be unduly restrictive. It was to set some parameters that were reasonable, but that may not be sufficient. COMMISSIONER CONSTANTINE: I think just having -- if you're going to have this, just having the $2500 total is your limit, and if Commissioner Carter wants to go to one event for 2500 bucks, he has to answer to the public for that and if -- COMMISSIONER CARTER: Then to you. COMMISSIONER CONSTANTINE: -- Commissioner Mac'Kie wants to go to a hundred events for $25 each, then she has to answer to the public for that, but there is already a limit just on your total. MR. MANALICH: One clarification is important before you vote here and that is understand that under this resolution, we're finding that these categories of events serve a public purpose, but there will still be a requirement, and what we envisioned was some type of standing consent agenda item approval for particular items within these categories. CHAIRPERSON MAC'KIE: And that's not what we discussed either, but the whole point of this was to make a finding that these categories of -- of events have a public purpose, and then, God knows, we answer to the public if -- if we make a mistake in there. I mean, it's going to be -- MR. MANALICH: I will tell you. I mean, I understand the dilemma. But the problem is -- now, there may be a way; for example, we might be able by resolution to index up-coming events during the next year. But the problem is that we can't index everything that's going to occur. And in talking with the Clerk, they struggle with a public purpose determination on the nature of the event. For example, you may have a charitable function that is very worthy, but involves Page 127 August 3, 1999 drinking and dancing exclusively, and no discussion of county matters. That probably would not meet a public purpose test. CHAIRPERSON MAC'KIE: Except that the County Commission can determine that it does, subject to a reasonable limitation, and if you put this in here, Ramiro, then we're going to have to come in -- if I want to go to something that you've always paid for, some leadership Florida thing in Tampa, I have to put that on the consent agenda now, go through whole -- all we're doing is adding to a process instead of simplifying one, which was our intent. COMMISSIONER CONSTANTINE: My preference would be to keep it -- my preference is not to include these, but if it appears we have four people who do want to include these, and if we're going to -- COMMISSIONER NORRIS: I would hope so. CHAIRPERSON MAC'KIE: Three. We have three who want to include this. COMMISSIONER CONSTANTINE: If we do, I would prefer to keep it the way it was in that that's up to the discretion -- if -- if a board that just voted on the millage rate for a $500 million budget can't decide whether or not to go to a hundred dollar event without discussing it, we've got a problem. CHAIRPERSON MAC'KIE: Amen. COMMISSIONER CONSTANTINE: And, frankly, if the Clerk has a question, Item Number 6 on our agenda every week is Clerk's Report -- CHAIRPERSON MAC'KIE: And -- COMMISSIONER CONSTANTINE: -- and he can come over individually and just say, hey, what was this, and get an -- make -- form his opinion from that, or he can come to a public meeting and do that. So, hopefully, if there's a questionable item, that can be handled individually, but I'd hate to make the whole process very cumbersome just for that unlikely scenario. CHAIRPERSON MAC'KIE: Commissioner Berry. COMMISSIONER BERRY: Usually when I have attended these events, in most cases there's an invitation that is issued. And I think that's a perfect thing to turn in to Miss Filson or whatever and have it on file. If we're going -- CHAIRPERSON MAC'KIE: Oh, yeah. COMMISSIONER BERRY: -- to be going to a particular event, there's an invitation that states the purpose of -- of what it is and, you know, go from there. If the Clerk questions that at that point in time, then he can certainly come back through her to us and communicate that. Is that how it's been done or what -- what you have done in the past? MS. FILSON: Yes. And I do have one question. The consent agenda request doesn't include like the Florida Association of County Seminars and -- CHAIRPERSON MAC'KIE: Well, we're trying to eliminate that all together, Sue, at this point, so wait and see. MR. MANALICH: Well, what I might suggest, in line of your direction, would be to -- if you want to approve this resolution removing the limitation Commissioner Carter pointed out, then we can work with the Clerk, they've been helpful to this point, and see how -- other ways we can find to not have to come back on the agenda if we can. Page 128 August 3, 1999 CHAIRPERSON MAC'KIE: Okay. So, is there a motion on the resolution that's drafted? COMMISSIONER BERRY: As drafted? CHAIRPERSON MAC'KIE: No, no. With the removal, I assume, of the $150 per event limit and then the -- in the fashion Ramiro just described. MR. MANALICH: This will basically tell the public as well as the Clerk that these broad categories of functions serve a valid public purpose, which is enumerated in the resolution. I think what would remain then would be for dialogue, which would be in my office and that of the Clerk to see if we can avoid having to return on the agenda for these specific items. CHAIRPERSON MAC'KIE: All right. We submit them like we always have to Sue. If the Clerk objects to them, he objects, then we either pay for it or we don't go. And if we have already spent the money, I don't know -- you know -- is this hard? COMMISSIONER NORRIS: Yes. CHAIRPERSON MAC'KIE: Why? COMMISSIONER CONSTANTINE: Can I make one other suggestion in there, that instead of $2500 -- I'm sorry to nit-pick but $2500 per commissioner, shouldn't that say in an amount to be budgeted annually by the board, because -- CHAIRPERSON MAC'KIE: Yeah. COMMISSIONER CONSTANTINE: -- it's been two thousand in the past, it's been higher than that in the past. It's 2500 this year. Ten years from now, they're going to need something higher than 2500, but this particular ordinance or resolution would read 2500 instead of in 19 -- and $2,007, you know, reading 4,000. And it -- we ought to just reference the amount budgeted by the commission rather than a specific amount. CHAIRPERSON MAC'KIE: Should we continue this till September 14th because it shouldn't be this complicated? MR. WEIGEL: Either way. I think we understand the direction if you wish to adopt this resolution to make those particular changes, but part of the presentation was that Ramiro, in working with the Clerk had learned that all we can do with this resolution and all it's intended to do is just to set a policy and recognition that certain events will be recognized as having a public or educational type of -- of value for commissioners, but in no way does this resolution itself provide for the automatic approval of any individual event. And the discussions that we've had with the Clerk, Ramiro specifically, had been conceivably that we could come back with the resolution of the board that identified many perhaps agreeable items, specific events, whether it's a CBIA event, just for example, or some other kind of event. Those things that you really know are going to come up in our annual events, and those that could be approved in a blanket resolution well ahead of time. But all other events -- CHAIRPERSON MAC'KIE: I'm sorry to interrupt you. All we intended, as I recall, at the budget discussion was one change. Things that otherwise were approved, if they were outside the county, were now permitted if they were inside the county. That was all. MR. WEIGEL: Okay. CHAIRPERSON MAC'KIE: So, why does everything else have to change? Page 129 August 3, 1999 MR. WEIGEL: Well, it doesn't. You'll just have an individual item-by-item review and approval by the Clerk even before or after. CHAIRPERSON MAC'KIE: Well, you don't have to do that for outside the county now. I submit it to Sue and she pays it -- MR. WEIGEL: She submits it. CHAIRPERSON MAC'KIE: -- unless the Clerk objects. COMMISSIONER BERRY: Am I understanding that perhaps these things were stated in here at the request of the Clerk? MR. MANALICH: Well, it was the product of our dialogue, because really there was a need for clarification. Our office in fact, you know, on occasion will field a question as to whether a particular event meets a public purpose attendance test or not. That is an attempt to codify and clarify for the future for everyone's concern. But I understand your concern about having to return and -- I mean, I'm sure the Clerk would have further input and see if we can avoid that. But the idea was to note that if there was any doubt that some of these functions, whether they be charitable or civic or whatever, that there is a public purpose benefit to your attendance at these functions. COMMISSIONER CONSTANTINE: We don't currently go through a process other than submitting it, and Sue submits it to the Clerk, and if he has an objection, it comes to us for things outside the county. Leadership Florida is a great example. In here, I think all you're attempting to do when I read paragraph one is the board hereby finds that attendance at the functions listed in paragraph three serves a valid public purpose, and that it talks about the different areas we've talked about; so, educational, charitable, social and so on. But I don't mind if you clarify that. I'm going to vote against it, but I think I understand the intent there. I don't see anywhere on this resolution that it says we're going to put every item you ever expend in front of the Clerk -- I mean, on the consent agenda before it goes to the Clerk, nor do I have any interest in doing that. I don't want to change that procedure. The procedure isn't broken the way it is. If we want to include these type things generally as the board recog -- for board recognition, that it's for public purpose, great. Vote for the resolution and it's done, but let's not change anything else. Let's not change the procedure. Let's not change -- if the Clerk has questions, it's no different than what he does now, comes and asks us. CHAIRPERSON MAC'KIE: So, is there a motion to that effect, changing only the $150 limitation per event? MR. MANALICH: I think the other thing I heard was the annually budgeted by the board language. CHAIRPERSON MAC'KIE: Yes. Thank you. Both of those changes to the resolution. COMMISSIONER CARTER: All right. I make a motion to that effect. CHAIRPERSON MAC'KIE: Is there a second? I'll second it. All in favor, please say aye. COMMISSIONER CARTER: Aye. CHAIRPERSON MAC'KIE: Aye. COMMISSIONER CONSTANTINE: Aye. CHAIRPERSON MAC'KIE: Opposed? COMMISSIONER NORRIS: Aye. COMMISSIONER BERRY: Aye. Page 130 August 3, 1999 CHAIRPERSON MAC'KIE: Oh, goodness. You've changed your mind since budget. Okay. COMMISSIONER CONSTANTINE: What's that? COMMISSIONER BERRY: It's not worth it. It's just not worth the hassle. I'm sorry. That's just the way I feel about it. Item #10A RESOLUTION 99-330, APPOINTING ANDREW J. FOX, JR. AND CHRISTOPHER O. BENT TO THE HISPANIC AFFAIRS ADVISORY BOARD - ADOPTED CHAIRPERSON MAC'KIE: Okay. Moving on down today. Appointment of members to the Hispanic Affairs Advisory Board. COMMISSIONER NORRIS: Motion to approve. CHAIRPERSON MAC'KIE: We have one and one. That's a motion. COMMISSIONER CONSTANTINE: We have two and two. COMMISSIONER NORRIS: Two and two. CHAIRPERSON MAC'KIE: I'm sorry. Two and two. COMMISSIONER CONSTANTINE: Second. CHAIRPERSON MAC'KIE: All in favor, say aye. Opposed? (No response.) CHAIRPERSON MAC'KIE: Passes unanimously. Page 131 AUG- 3 1999 RESOLUTION NO. 99-330 A RESOLUTION APPOINTING MEMBERS TO THE COLLIER COUNTY HISPANIC AFFAIRS ADVISORY BOARD. WHEREAS, Collier County Ordinance No. 91-37, creating the Hispanic Affairs Advisory Board, provided that the Advisory Board shall consist of seven (7) members; and WHEREAS, Collier County Ordinance No. 91-78 amended Ordinance No. 91-37 by providing that the Advisory Board shall consist of nine (9) members; and WHEREAS, there are currently vacancies on this board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Andrew Jay Fox, Jr., is hereby appointed to the Collier County Hispanic Affairs Advisory Board to fulfill the remainder of the vacant term, said term to expire on June 25, 2001. 2. Christopher O. Bent is hereby reappointed to the Collier County Hispanic Affairs Advisory Board for a four year term, said term to expire on June 25, 2003. This Resolution adopted after motion, second and majority vote. DATED: August 3, 1999 ATTEST!i~i,? Clerk Approv~ as to fora ~d legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By:. PAMELA S. MAC'KIE, Chairwoman David C. Weigel tO County Attomey DCW/kn August 3, 1999 Item #10B RESOLUTION 99-331, APPOINTING MAURICE GUTIERREZ TO THE BAYSHORE/AVALON B~AUTIFICATION MSTU ADVISORY COMMITTEE - ADOPTED COMMISSIONER NORRIS: This one you should appoint. CHAIRPERSON MAC'KIE: I appreciate that, but there -- I'd like -- I hope that the board would support the committee's recommendation. COMMISSIONER CONSTANTINE: Do you want to make that a motion? CHAIRPERSON MAC'KIE: That's a motion. COMMISSIONER CONSTANTINE: I'll second that. CHAIRPERSON MAC'KIE: A motion and a second. All in favor, please say aye. Opposed? (No response.) CHAIRPERSON MAC'KIE: Passes. Page 132 AU$ - 3 1999 RESOLUTION NO. 99-331 RESOLUTION APPOINTING MAURICE GUTIERREZ TO THE BAYSHORE/AVALON BEAUTIFICATION MSTU ADVISORY COMMITTEE WHEREAS, on December 16, 1997, the Board of County Commissioners adopted Collier County Ordinance No. 97-82, establishing the Bayshore/Avalon Beautification Municipal Service Taxing Unit and creating the Bayshore/Avalon Beautification MSTU Advisory Committee; and WHEREAS, Collier County Ordinance No. 97-82 provides that the BayshoredAvalon Beautification MSTU Advisory Committee shall consist of five (5) members; and WHEREAS, there is a vacancy on this Committee; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that Maurice Gutierrez is hereby appointed to the Bayshore/Avalon Beautification MSTU Advisory Committee to fulfill the remainder of the vacant term, said term to expire on March 3, 2000. This Resolution adopted after motion, second and majority vote. DATED: August 3, 1999 ATTEST'~ ,b' ~ ~ legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:p~~man County Attorney DCW/kn August 3, 1999 Item #10C RESOLUTION 99-332, APPOINTING MICHAEL COE TO THE ENVIRONMENTAL ADVISORY COUNCIL - ADOPTED; FORMAL OPINION FROM THE ETHICS COMMISSION TO BE BROUGHT BACK ON SEPTEMBER 14~ 1999 WITH POLICY DECISION COMMISSIONER CONSTANTINE: This next one we need to have a discussion on, I guess. COMMISSIONER NORRIS: This one may not be as quick. COMMISSIONER CONSTANTINE: Yeah. And my question was real simple. If they're an advisory board -- I heard Mr. Mulhere say, well, the subpoena would come from the state. I don't know who -- maybe you can help me with that, but if they're an advisory board and they're simply making recommendations to the board, but they're not binding decisions, I don't understand why someone with professional expertise who works in the industry is now being disqualified. That's contrary to how we've certainly ever done these type boards in the past. MR. MULHERE: For the record, Bob Mulhere, Planning Director. I'm not sure that I said that. If I did I -- COMMISSIONER CONSTANTINE: I withdraw that part of my comment. MR. MULHERE: I think it came from the County Attorney's office. I hate to point fingers. MS. SCUDERI: It didn't come from me but I can address that. THE COURT REPORTER: Would you identify yourself for the record, please? MS. SCUDERI: I'm Marti Scuderi, Assistant County Attorney. I believe what you're talking about, it falls under Statute 112.3143, voting conflicts, and it defines a public officer, which includes any person elected or appointed to hold office in any agency, including any persons serving on an advisory board. So, it -- it's right -- CHAIRPERSON MAC'KIE: In the legislature. MS. SCUDERI: -- in the statute and the definition. COMMISSIONER CONSTANTINE: Bert, can we fix that? I would think we might have to clean house then on a number of boards. I mean, how -- how does the Tourism, TDC, Council vote? You've got all hoteliers on there. They're immediately -- MR. FERNANDEZ: That one is prescribed by state law, that they have that interest. COMMISSIONER NORRIS: Which is in direct conflict. COMMISSIONER CONSTANTINE: Right. How about our -- MS. SCUDERI: It's an exception -- CHAIRPERSON MAC'KIE: Right. MS. SCUDERI: -- prescribed by state law. COMMISSIONER CONSTANTINE: How about our -- COMMISSIONER CARTER: Planning -- Planning Board. COMMISSIONER CONSTANTINE: -- Planning Board, Community Development Board? I mean, if we went through the list, I bet you'd find a half dozen boards at least that would have a conflict. COMMISSIONER NORRIS: Yeah. Let me -- let me ask a couple of questions and I've got a comment here since this is the way it's going to have to happen. What is the -- what is the origin of this board? Is this mandated by state girth management laws that we have this or is this Page 133 August 3, 1999 something that we just do voluntarily? What -- why do we have this board? MR. CAUTERO: Vince Cautero for the record, Community Development Administrator. The Environmental Advisory Council is the new board that you approved several months ago. COMMISSIONER NORRIS: I understand that, but I'm talking about the origin of it. Why do we have it? MR. CAUTERO: Two -- the origin for it exists in two places; one, your comprehensive plan states that you have an environmental technical committee to make recommendations, which this committee will participate in those kinds of discussions, and also the Land Development Code creates an environmental advisory board to review applications. COMMISSIONER NORRIS: MR. CAUTERO: Yes. COMMISSIONER NORRIS: So, the answer is we did it. And there's nothing in save all the courses MR. CAUTERO: That's correct. COMMISSIONER NORRIS: -- is to have all -- MR. CAUTERO: It's a local effort. COMMISSIONER NORRIS: -- the changes. Here's the problem. Let me -- let me see if I can explain what's bothering me here. Because of this opinion and is it a formal opinion by the Commission on Ethics or just -- MS. SCUDERI: We have not asked for a formal opinion yet, but there are opinions that are analogous -- COMMISSIONER NORRIS: Okay. MS. SCUDERI: -- they've discussed with us. COMMISSIONER NORRIS: Because of this opinion by the Commission on Ethics, what -- here's -- here's our problem. We can't have paid lobbyists, for example, from the environmental community on this board. We can't have Guggenheim or Simonik or Nancy Payton or any of these people on this board because they're paid lobbyists, and, therefore, you know, they are -- they're going to have voting conflicts on every single issue. The -- CHAIRPERSON MAC'KIE: No, because it doesn't inure to their pecuniary gain. COMMISSIONER NORRIS: It does to their company and it's the same issue -- COMMISSIONER CONSTANTINE: By definition. COMMISSIONER NORRIS: -- same issue with any environmental engineer that we also said has to leave because they're -- they're working for a customer and -- and, you know, they get into voting conflicts and recurring conflicts and all of that. So, the point is that what you're going to end up with is you're limited to a pool of people who -- who would have to be retired if they're going to have expertise in this field, otherwise than that, you're just going to have completely unknowledgeable people on this board. So, if that's what this is going to -- if that's the end result of this ruling and what we have to do with this board, I don't see that we need the board at all, because it's not going to have any expertise on it. And I would be in favor of just relieving ourselves of this responsibility. Page 134 August 3, 1999 CHAIRPERSON MAC'KIE: Now, you've been in favor of dissolving the environmental committees for quite awhile. It's just another way to get -- COMMISSIONER NORRIS: That's not true. COMMISSIONER BERRY: No, but you see what -- COMMISSIONER NORRIS: That's not true. COMMISSIONER BERRY: One of the things it says in here, and I don't know how you can do this, technical members shall demonstrate evidence of expertise. If you can't have people who are experts in the field because of a conflict of interest, who do you appoint? COMMISSIONER NORRIS: Right. That's my point. CHAIRPERSON MAC'KIE: Do you have advice for us on that issue? COMMISSIONER BERRY: And yet it says -- it says here, they shall have. MS. SCUDERI: I see the contradiction that you're saying, and I believe that it's possible that some of the retired members that you spoke of might have the expertise. I do want to add, although we don't have a formal opinion, we did speak to the Ethics Commission as well as the Attorney General's office and they just -- unless they actually write out a formal opinion, it's not considered formal, but we have talked to them about the issue. Basically, I -- I see the contradiction. COMMISSIONER CONSTANTINE: Question. MS. SCUDERI: But it is in the statute. COMMISSIONER CARTER: Well, what about -- let me ask another question. What about the people who currently submitted, that we have a list in front of us? Are we in the same conflict area -- MS. SCUDERI: No. COMMISSIONER CARTER: -- with those people or are there certain people that -- COMMISSIONER CONSTANTINE: It counts them, yes. MS. SCUDERI: I can tell you what these people -- COMMISSIONER CONSTANTINE: It shouldn't be, but it is according to that definition. MS. SCUDERI: I sent them a memo which basically -- and I think you've probably seen the memo that the Environmental Advisory Council has, the one that we did on June 1st of '99. And I sent them a memo just showing them that this is not meant to discourage their application, but merely for them to see if they have any potential conflicts. And they all, I'm assuming, received that and read that. It was either faxed or E-mailed. CHAIRPERSON MAC'KIE: I have a question for you. MS. SCUDERI: Uh-huh. CHAIRPERSON MAC'KIE: Let's use Ed Carlson as an example, because he's one of our current applicants. He's the director of the -- the Corkscrew. Does he have a conflict? MR. MANALICH: I personally don't know that much about him. I know that -- CHAIRPERSON MAC'KIE: Okay. Well, let's make it an easier one then. David Guggenheim is the CEO of the Conservancy. Is he conflicted out? MR. MANALICH: I can tell you that the statute doesn't appear to go to the philosophical viewpoints. It more goes to the pecuniary gain or loss. CHAIRPERSON MAC'KIE: And that's where I want to get us back on that point -- Page 135 August 3, 1999 MS. SCUDERI: Right. CHAIRPERSON MAC'KIE: -- because we're -- MR. MANALICH: Two standards you're dealing with in the statute are does voting on this matter, participating even in this matter, result in special private gain or loss to the individual or someone that they represent? There's also another provision of the law that says you can't have an employment or a contractual relationship which would substantially impair your abilities to perform your public duties. COMMISSIONER CONSTANTINE: Well, with that in mind -- MR. MANALICH: Those are the two standards. COMMISSIONER CONSTANTINE: -- is -- is -- that goes back to Ed Carlson, the first name on the list, to him or to someone he represents. If he's representing Corkscrew Swamp Sanctuary, and EAC is certainly going to deal with issues where either there are suggestions that they buy land for mitigation out in that area or -- I mean, there are any number of ways that you could gain potentially. And it shows the -- the foolishness of this thing is Ed Carlson's a great guy and certainly a great resource for this stuff, but he's got that same conflict that anybody else might have. MR. MANALICH: It seems problematic from what you describe. CHAIRPERSON MAC'KIE: How -- how does that inure to his special pecuniary gain? COMMISSIONER CONSTANTINE: It could to Corkscrew. CHAIRPERSON MAC'KIE: Does he -- does -- I mean his -- his -- MR. MANALICH: I thought what I was hearing was that he represents an entity that -- CHAIRPERSON MAC'KIE: He is the director of -- COMMISSIONER CONSTANTINE: Corkscrew Swamp Sanctuary. CHAIRPERSON MAC'KIE: -- Corkscrew. MR. MANALICH: Right, but they would have economic gain or loss from certain decisions made affecting that area, would they not? COMMISSIONER CONSTANTINE: Yes, they would. COMMISSIONER BERRY: They could. COMMISSIONER NORRIS: And what was the second area you had that they -- MR. MANALICH: If you have a contractual or employment relationship which would impair your ability to perform your public duties; that is, to -- COMMISSIONER NORRIS: But that's the point with those -- those people is they work, they're paid by some organization and they're not -- I've made this point many times in the past -- they're not free to -- to have an objective opinion. They have to carry the water of their organization. CHAIRPERSON MAC'KIE: Mr. Constantine has an idea. Why don't we hear that? COMMISSIONER CONSTANTINE: Is there a way to name this something other than advisory board and so then we get around it by definition, and then we can appoint whomever we want? We can open it up and make sure that all sides are fairly represented. CHAIRPERSON MAC'KIE: Mr. Cautero. MR. CAUTERO: Yes. Vince Cautero again for the record. Commissioner, I think I can answer that question. If you eliminate that function of the Environmental Advisory Council, it would only be those -- it would only be the function in which they Page 136 August 3, 1999 hear applications and make recommendations to the Planning Commission who makes recommendations to you. You would still need, in my opinion, to follow your policies, in the growth management, plan a technical advisory council of some type, and that's what they would do. And you would rewrite the ordinance that would state that people with specific backgrounds in areas of expertise would be on that advisory council just like your Development Services Advisory Committee. The other part of that discussion is significant. We're getting ready to come to you with a recommendation on the hearing examiner, which would eliminate not only this council but the Planning Commission's role -- CHAIRPERSON MAC'KIE: Thank God. MR. CAUTERO: -- in terms of quasi judicial public hearings. COMMISSIONER CONSTANTINE: Yeah. We do not want to do that. CHAIRPERSON MAC'KIE: Yes, we do want that. COMMISSIONER CONSTANTINE: Can we discuss that outside this forum, too, before it comes to us, because we've heard that before? It's not the first time it's come up. MR. CAUTERO: That would solve your problem. CHAIRPERSON MAC'KIE: That would solve it. MR. CAUTERO: You have it today in front of you. You could call it something else, but it would have to be modeled like the Development Services Advisory Committee, but they're just dealing with technical issues, and that's what you had with EPTAB. We made the recommendation to combine the two. COMMISSIONER CONSTANTINE: Can I ask that we hold off on appointing until we answer these questions and just in the -- in the coming month, try to put all that data and come in in three weeks and try to boil all this down into something? Because if it -- if we come out three weeks from now with an idea for a different format, I'd hate to have these -- send something out to these people saying, congratulations, and three weeks from now saying, oh, by the way, we've changed it. We're taking it away from you. COMMISSIONER NORRIS: The problem we've got is people that are being held up because they can't get through the process because of this committee. COMMISSIONER BERRY: They've got to have reviews. COMMISSIONER NORRIS: This committee doesn't have a quorum. That's the problem. The assembly center has got a petition they want to bring for a minor PUD amendment, and they can't do it because of this. COMMISSIONER CONSTANTINE: What's the requirement? And is that a requirement placed by this board or by the state? MR. CAUTERO: It's by this board in the Land Development Code. COMMISSIONER CONSTANTINE: Can we waive that just until we get the answers to this question? MR. CAUTERO: I don't know that. I'd have to turn to Mr. Weigel for that. MR. WEIGEL: I really don't see how you can waive that. It's -- it's a code amendment that you'd be looking to do. COMMISSIONER CONSTANTINE: This would fall under the -- and call me crazy -- I would see this as an emergency. COMMISSIONER NORRIS: I do, too. Page 137 August 3, 1999 COMMISSIONER CONSTANTINE: You've got people out there that have been held up for months already and will be held up until we can appoint something that right now -- and we can pick names, but it's not going to make sense because, I mean, even people on this list appear to have a conflict. COMMISSIONER CARTER: Well, not everybody does. I mean -- COMMISSIONER CONSTANTINE: No, I know. COMMISSIONER CARTER: -- you only need one person to get to a quorum on this other group. You could take Michael G. Cove, who is a Company Commander, retired Marine Corps. In everything that he has done, there's no conflict of interest in the past or today. MR. WEIGEL: One thing I'd like to make clear is that there can be a conflict and there's a recurring conflict or a perpetual conflict. And those are certainly shades of -- of gray there because there may be the individual appointee to the committee who occasionally conflicts out, or if someone with whom he is working, or the organization with whom he's working, comes forward in a petition process, he or she would have to conflict out. There are those others who may be in a position where they're always conflicting out and then the fact is they knew they must conflict out. And as Mr. Manalich said, they don't vote and they don't participate. CHAIRPERSON MAC'KIE: Can I ask as a compromised position that today we appoint one member so they have a quorum so we don't -- or we don't quickly, without enough thought, make the decision to eliminate this review function, because I think upon our further consideration, you'd find that they provide valid input to us as they review these land development petitions. COMMISSIONER CARTER: If that's the case, I'm going to recommend to the board we nominate Michael G. Cove, who I think would be as far removed from any conflict that I could think of based on his resume, and he's got a good background, being he has a Master's degree and thinks and was a commandant in the Marine Corps. I think he probably could handle this. CHAIRPERSON MAC'KIE: Would you roll into that, add to that motion, a request for a specific written, a formal opinion from the Ethics Commission or the Attorney General, whichever is appropriate? MS. SCUDERI: Right. I believe it would be the Ethics Commission. CHAIRPERSON MAC'KIE: The Ethics Commission. COMMISSIONER CONSTANTINE: And in the meantime, that we ask staff to come back with some alternatives. I hope as part of this we revisit the idea that now anybody who wants to do anything -- and I realize we always think in terms of big developers, but there are little people out there like Reverend Mallory or like others who -- CHAIRPERSON MAC'KIE: Oh, yeah. COMMISSIONER CONSTANTINE: -- now instead of making a stop before the Planning Commission and the board have to make three stops. And it seems like there ought to be a way to streamline that process a little bit without compromising the quality. COMMISSIONER CARTER: motion. CHAIRPERSON MAC'KIE: COMMISSIONER NORRIS: CHAIRPERSON MAC'KIE: Opposed? Yes. I would incorporate all those in my Is there a second? Second. All in favor, please say aye. Page 138 August 3, 1999 (No response.) CHAIRPERSON MAC'KIE: We've appointed one member today to the ESC and we'll go forward from here. COMMISSIONER CONSTANTINE: We'll hear back on that September 14th? MS. FILSON: Should I bring this issue back on the 14th -- CHAIRPERSON MAC'KIE: Yes, ma'am. MS. FILSON: -- with their response, along with the members who qualify? CHAIRPERSON MAC'KIE: Actually this item will come back under County Attorneys, so it won't be your responsibility to do it. MS. FILSON: For the appointments also? COMMISSIONER CARTER: Not for Cove but for anybody else. MS. FILSON: Just hang onto them. CHAIRPERSON MAC'KIE: We're going to hang on for further appointments pending the interpretation that we get. Page 13 9 RESOLUTION NO. 99-332 A RESOLUTION APPOINTING M1CHAEL G. COE TO THE ENVIRONMENTAL ADVISORY COUNCIL. AUG- 3 1999 WHEREAS, on January 27, 1999, the Board of County Commissioners of Collier County adopted Collier County Ordinance No. 99-6 creating the Environmental Advisory Council; and WHEREAS, Collier County Ordinance No. 99-6 provides that the Environment Advisory Council shall consist of 9 members; and WHEREAS, there is currently a vacancy on this board; and WHEREAS, the Board of County Commissioners soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, previously provided public notice THE BOARD OF COUNTY that Michael G. Coe is hereby appointed under the category of Non-Technical Advisor to the Environmental Advisory Council for a two year term, said term to expire on April 30, 2001. This Resolution adopted after motion, second and majority vote. DATED: August 3, 1999 Approo~d as to fo~ and legal sufficiency: David C. Weigel County Attorney DC W/kn:h;public;kay;advisory boards BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: August 3, 1999 Item #10D RESOLUTION 99-333 APPOINTING STEPHEN RASNICK TO THE COLLIER COUNTY COMMUNITY HEALTH CARE AD HOC COMMITTEE - ADOPTED Application for the Community Health Care Ad Hoc Committee. COMMISSIONER CONSTANTINE: One on one. Make a motion. COMMISSIONER NORRIS: Second. CHAIRPERSON MAC'KIE: All in favor, say aye. Opposed? (No response.) CHAIRPERSON MAC'KIE: Passes unanimously. Page 140 AUG- 3 ;999 RESOLUTION NO. 99-333 A RESOLUTION APPOINTING STEPHEN F. RASNICK TO TIlE COLLIER COUNTY COMMUNITY HEALTH CARE AD HOC COMMITTEE. WHEREAS, on May 11, 1999, the Board of County Commissioners adopted Resolution No. 99-230, establishing the ad hoc committee known as the Collier County Community Health Care Committee; and WHEREAS, the Board of County Commissioners approved the appointment of 9 health care providers, 11 community leaders, 5 advisors, and 3 At-Large members to the Collier County Community Health Care Committee; and WHEREAS, there is currently a vacancy in the Community Representative category for an insurance representative; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Stephen F. Rasnick is hereby appointed as insurance representative to the Collier County Community Health Care Committee under the category of Community Representative. This Resolution adopted after motion, second and majority vote. DATED: August 3, 1999 ;~DWIGHT E.: BROC~K, Clerk '.~,~.~, stgnatu ' 11, Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~ 'PA~IELA S. MAC KIE, Chairwoman David C. Weigel County Attorney DCW/kn August 3, 1999 Item PROPOSED JOINT MEETING WITH THE CITY OF NAPLES, CITY OF MARCO ISLAND AND CITY OF EVERGLADES CITY TO DISCUSS FEMA MAP CHANGES - COHMISSIONERS TO COORDINATE CALENDARS FOR SAID MEETING I quickly put this item on here about FEMA hoping that the board would agree that we should have a joint meeting among the cities and the county on this issue. COMMISSIONER BERRY: CHAIRPERSON MAC'KIE: COMMISSIONER BERRY: in mind? CHAIRPERSON MAC'KIE: COMMISSIONER BERRY: CHAIRPERSON MAC'KIE: COMMISSIONER BERRY: It is -- What did you have in mind? Well -- A few little things, but what did you have FEMA is remapping. Yeah, I know. Okay. But what -- what's your -- help me -- MR. FERNANDEZ: I'll speak to that. The question is whether to -- how to go about the questioning or challenging the boundaries that have been established by FEMA in terms of the flood plain, whether the lines are accurately drawn or not. I think the question is whether it's prudent to spend a lot of money for a consultant to do that. COMMISSIONER CONSTANTINE: And boiled down, Barb, to -- to -- because there have been so many natural disasters around the country in the last couple of years, FEMA's a little tight on money. One of the ways that they can get more money is alter the boundaries here as to who has to pay into the insurance plan; in our case -- COMMISSIONER BERRY: Got you. COMMISSIONER CONSTANTINE: -- flood insurance. It does not appear to be, and we haven't gone through the whole process, but it doesn't appear to be based on any factual information. They're just changing the lines for what appears to be a way of getting more money. But all of a sudden, you and me, who live eight miles inland, are now -- CHAIRPERSON MAC'KIE: Well, get flood insurance. COMMISSIONER CONSTANTINE: -- in front of that flood plain, and it's not based on any change in any data. It's based solely on a need, it appears, based solely on a need for more money. And it's something that will affect thousands of people and it probably is a good idea for us to fight. And I think it's a great idea because it's going to impact literally all the municipalities and county and everybody. COMMISSIONER BERRY: But my point is then how are you -- what -- what's going to be the format of this meeting? Is this just a public meeting or is this -- CHAIRPERSON MAC'KIE: Let me get out the request that I had. COMMISSIONER CARTER: I think that Mr. Cautero can answer that. CHAIRPERSON MAC'KIE: Well, go ahead, Mr. Cautero. MR. CAUTERO: Vince Cautero again for the record. Development Services Advisory Committee as well as a technical group of people from the building industry and other affected individuals and engineers have been working with Bob Devlin, who is the flood plain management coordinator for the county for an interlocal agreement. Page 141 August 3, 1999 He would make a presentation at this meeting, it's my understanding, with representatives of city/county, Everglades City as well as Marco. And most likely your Development Services Advisory Committee will recommend to you tomorrow that a formal letter be sent by the chair recommending the use of a consultant. It is very likely that Bob and the staff in our Building Department would concur with that recommendation and recommend that a consultant be hired. They have a particular individual in mind, with over 30 years of experience, who has challenged data from FEMA before and been successful. And Pinellas County is going through the same exercise right now. So, I think that will all come to fruition at this meeting and I believe Dr. Woodruff sent the letter to the county asking for it to be in early September -- CHAIRPERSON MAC'KIE: Yes. MR. MANALICH: -- I believe, sometime. COMMISSIONER BERRY: But this isn't a meeting open to the public, or it is? CHAIRPERSON MAC'KIE: Yes. MR. CAUTERO: Yes. COMMISSIONER BERRY: If it is, then do you think September is a good time because a lot of the people are not here. That's my -- if you're looking -- if you're looking at just a staff kind of thing -- CHAIRPERSON MAC'KIE: I think the timing is important for the FEMA process. Am I right about that? MR. CAUTERO: That's correct. The timing is important to have it in September for comments. COMMISSIONER BERRY: Okay. CHAIRPERSON MAC'KIE: So, is there agreement we will coordinate calendars and -- COMMISSIONER CONSTANTINE: Great idea. Item #10F REQUEST BY SENATOR SAUNDERS FOR DISCUSSION REGARDING TITLE LOAN TRANSACTIONS - NO ACTION CHAIRPERSON MAC'KIE: Okay. The next one that I added on briefly, Senator Saunders is kind enough to be here to -- COMMISSIONER CONSTANTINE: That's a great idea. CHAIRPERSON MAC'KIE: -- to let you -- to give us all some information about what -- the request that I have for the board today is that we ask the staff to begin the process of determining just the scope of the problem, if there is one in Collier County, and to what level the board might wish to become involved in regulating the title loan industry in Collier County. SENATOR SAUNDERS: Madam Chairman, thank you very much, and members of the commission. I think I want to thank you for putting this on the agenda today even though maybe next month would have been a little shorter meeting. I have some additional packets of information that I don't know if you have them or not. I distributed some packets of information to you, so I have five additional ones here if -- if it's needed. Page 142 August 3, 1999 And, basically, what the request is is for the Collier County commission, in conjunction with the Lee County commission, to consider regulation of an industry known as the title loan industry. Basically, what that industry involves is individuals who are looking for relatively small amounts of money; $500, $700, that have no means to get credit through traditional sources, through banks, will go to title loan companies, put their -- the title of their car up as collateral and borrow that amount of money, whatever -- whatever is needed. They're usually fairly short-term loans but they do get rolled over. And the interest rate that is being charged by many of these title loan operators is 22 percent per month, which amounts to 264 percent per year. And the reason that they're able to charge those rates is because, quite frankly, a loophole was created in the Florida Statutes a number of years ago, and the Florida legislature has not been willing to close that loophole. There's been an effort over the last couple of years. I've supported that effort but we have not been able to get the loophole closed. So, approximately eight or ten counties in Florida right after this past legislative session began adopting regulations, ordinance's, to regulate the title on industry. In the packet that you have is an ordinance that has been prepared by the Attorney General's office. It's been reviewed by several county attorneys. It's been adopted in several counties so it's a fairly good ordinance as a starting point. I want to read two paragraphs in a letter from the Attorney General that kind of outline what -- what this is all about. And this is to the Chairman of the Seminole County Commission. COMMISSIONER CONSTANTINE: Senator Saunders? SENATOR SAUNDERS: Yes. COMMISSIONER CONSTANTINE: Can I just ask? I'm curious. Why would -- when you said the legislature hasn't passed, I'm always fascinated when the -- what the alleged reasons are why they won't do it if this -- if this is an abuse that's going on statewide. What would the logic be up there why anybody would object to it? SENATOR SAUNDERS: Yeah. Well, quite frankly, I don't know what the logic would be. It just hasn't happened. There was a House bill that set the maximum interest rate at 30 percent. There was Senate bill that was run by Senator W. D. Childers that did not set an interest rate. We were not able to get the House and the Senate to agree on legislation and so the issue just hasn't made it through. That's sort of the vagaries of the legislative process. And, so, in response, many counties, and I'll tell you that Broward, Clay, Dural, Hillsborough, Miami-Dade, Orange, Palm Beach, St. Johns and Seminole Counties have already adopted ordinances. Alachua, Gadsden, Hernando, Jefferson, Leon, Osceola, Pasco, Pinellas, Volusia and Wakulla as of June 12th were considering the adoption of ordinances. So, there are a number of counties that are moving forward. And, as I said, Lee County is going to consider this issue on September 7th. But the Attorney General's letter, ~I think, kind of points out the reason for this. It says, as you are aware with the enactment of the Florida Title Loan Act, Florida's consumers have been subjected to Page 143 August 3, 1999 an unconscionable interest rate of 264 percent on title loan transactions. Since the Act's passage, this office and independent consumer groups have continuously supported legislation that would substantially reduce this interest rate and provide for greater consumer protection. It goes on to say, there's no doubt that the existing interest rates are simply intolerable and should be substantially reduced. Hopefully you will agree that this is an additional opportunity for local government to lead by example. The Attorney General has also agreed to provide assistance, both legal and technical, to communities that are interested in pursuing this. I've suggested that the county, the Collier County commission, consider this in conjunction with Lee County so that it's more of a regional approach to that regulation. And as I said, there's a tremendous amount of information in the packet, news articles, the ordinance itself, as well as proposed legislation that has not made it through the legislature. CHAIRPERSON MAC'KIE: Is there a support on the board to have staff go forward to investigate how this might be relevant to Collier County? COMMISSIONER CARTER: What does -- what does it take for us to do? Is this a simple ordinance? CHAIRPERSON MAC'KIE: Yes. COMMISSIONER CARTER: We could do it in conjunction with Lee County? Does it take a lot of staff time, all of this, so that we can get it on the books? SENATOR SAUNDERS: With the packet that you have in terms of the ordinance, I think that you've got an excellent starting point. It shouldn't take a whole lot of time to prepare an ordinance. But the issue becomes what area of regulation do you want to get into? The ordinance deals with the licensing of these businesses, it deals with the procedures for repossession of vehicles, if a missed payment occurs, the sale and just the disposition of those automobiles, and what happens to the proceeds from those sales? This ordinance covers all of that as well as has an interest rate cap in it of 30 percent per year. You may determine that 30 percent is not the -- the right interest rate, and you may want to have a -- staff have some sort of a public workshop to -- to discuss that issue. And, so, I think in terms of staff time, I think that most of the work, quite frankly, I think has been done. COMMISSIONER CONSTANTINE: You just asked the question kind of rhetorically. It depends on what area of regulation we want to get into, and, frankly, I just -- I don't know that I want to get into more regulation. It sounds like more government and more regulation. And I understand the concern for the issue. Those are some pretty big numbers but, you know, there's -- at some point people have to take personal responsibility. And to suggest to me that -- to suggest that government is going to be able to help people because they're not bright enough to do it on their own, I mean, nobody's forcing them to go and get those loans. No one is forcing anybody to do that. You have an opportunity to do that or not. And -- and, you know, I just -- I get worried when government starts getting involved and Page 144 August 3, 1999 saying, well, you're not bright enough to figure this out on your own. You shouldn't take that loan for that amount, so we're going to create a law that will save you from doing that. And -- and I understand the intent here, but it seems like personal responsibility and not creating more regulation is more on the lines of the Republican community. CHAIRPERSON MAC'KIE: My -- My thought is I agree with that in -- but the proposal that I would ask the county to consider is to offer an additional alternative to those people. Right now, they have a choice; 250 percent or no money. And there's no reason for generosity, I guess, for title loan businesses to lower their interest rates because they can get it at this rate. If we put some kind of a cap, then there is another choice available to these people. Maybe there will be people who can't -- who will choose not to take the 30 percent loan but -- but right now, there -- the market will not create another alternative for people who are in need of cash and don't qualify for loans otherwise. COMMISSIONER NORRIS: Well -- CHAIRPERSON MAC'KIE: Commissioner Norris. COMMISSIONER NORRIS: -- one of the problems that you're completely ignoring is that a lot of these people will go in and get their $500 and go to California in their car, and whoever gave them the $500 has no way of getting their money back or the car. And, you know, it's not as simple as just capping the interest rate. First of all, I think, you know, this is not something for local government in my opinion. I think, Senator Saunders, that you'd probably be best to try to push this at the state level and get a statewide statute that addresses this problem. I really don't think it's something at -- at the local level and, secondarily, everybody up here on the board, Senator Saunders, at least claim to be Republicans. And I don't know that it's in the Republican philosophy to get into price controls, sort of like you're saying. I mean, that's just too much government. COMMISSIONER CONSTANTINE: One other response to you when you say there's no other choice. Well, the choice is if there is no demand, then that price comes down. And people are willing to pay that, you know, so be it, and it's a terrible number, but if they -- but if enough people don't do that, then the people who are trying to profit at that have no choice but to bring it down and I just -- CHAIRPERSON MAC'KIE: They wouldn't if they had another choice, Tim. COMMISSIONER CONSTANTINE: Well, I think they do have another choice, frankly. I mean, there's a -- some reason why you get -- you can't get credit anywhere else. And, I mean, it's -- COMMISSIONER NORRIS: Some bad credit risks maybe? COMMISSIONER CONSTANTINE: Yeah. I mean, I get -- literally four or five times a week, I get a credit card thing in the mail. And I don't think I'm the only one that gets them. There are any number of ways to get it unless you have established a bad credit rating and, so COMMISSIONER NORRIS: And don't forget that most of these are very short term. I mean, it's usually advancing a paycheck. CHAIRPERSON MAC'KIE: I hear one support, two opponents. Is there -- COMMISSIONER BERRY: Three opponents. COMMISSIONER NORRIS: Three opponents? Page 14 5 August 3, 1999 COMMISSIONER BERRY: I just don't think -- SENATOR SAUNDERS: If I might make one -- one -- one comment. And I can -- obviously I can count to three, but one thing that I think -- I don't disagree with what Commissioner Constantine has said in terms of, you know, one of the Republican philosophies is that we don't engage in unnecessary regulation. But I will tell you, just as an example, in their -- in the packet, there are a lot of different horror stories that you can read about. There was one title loan company that had 22 percent, big -- big letters on the wall, and people assume that that was a 22 percent per year interest rate. And the evidence was that no one bothered to tell the people that were signing these -- these notes that it was 22 percent per month. And that -- that's -- that's a big difference. And -- COMMISSIONER NORRIS: Are these -- are these companies exempt from truth in lending? SENATOR SAUNDERS: I would assume that they're not, but that doesn't mean that they're -- they're engaging in -- in -- in the correct processes. Also, in -- there's a -- there's a recognition that -- that people in these circumstances do need access to some credit. There's some groups of banks in some counties that are trying to get together to form coalitions and pools so that they can address the needs of this particular population. I don't think you really have a big huge increase in population in California with all these people driving their cars in California. Most of them are -- are working. They get behind the eight ball -- COMMISSIONER CONSTANTINE: Only if it's an electric car can they go to California. SENATOR SAUNDERS: And -- and the solution that they've turned to is worse than the problem that they have. So I understand all of that. And I will conclude by simply saying that many counties have adopted these types of regulations and if there's any interest in pursuing it, then I'd be happy to provide additional information when and if that interest develops. CHAIRPERSON MAC'KIE: Thank you, sir. COMMISSIONER CARTER: Why not let the legislature pursue it? SENATOR SAUNDERS: Yes. Thank you. CHAIRPERSON MAC'KIE: Thank you. Public comment on general topics. Have we any? COMMISSIONER BERRY: Anybody says anything, they're dead meat. CHAIRPERSON MAC'KIE: None registered. Thank you. Item #12B1 ORDINANCE 99-56, RE PETITION R-99-3, GEOFFREY PURSE OF PURSE ASSOCIATES, INC., REPRESENTING GOLDEN GATE INN, REQUESTING TO CHANGE THE ZONING CLASSIFICATION FROM "GC" GOLF COURSE TO "C-3" INTERMEDIATE COMMERCIAL DISTRICT FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF GOLDEN GATE PARKWAY AND COUTY ROAD 951, CONSISTING OF 1.81 ACRES - ADOPTED So, we can move -- hey, hey, it's six o'clock -- to the afternoon agenda. COMMISSIONER CARTER: The evening agenda. CHAIRPERSON MAC'KIE: 12(b) (1) Page 146 August 3, 1999 COMMISSIONER CONSTANTINE: I think I can make this fairly quick. This was, if you remember, the golf course C3 change. A long story short, they boiled this down and they -- they -- with some different information, they're willing to go ahead with the change without the access issues. Remember the -- CHAIRPERSON MAC'KIE: Yes. COMMISSIONER CONSTANTINE: -- the questions before was none of us minded the zoning. The question was the inappropriate access and dangerous access. I think we ought to deal with that at this point, and -- CHAIRPERSON MAC'KIE: And that just solved the problem. COMMISSIONER CONSTANTINE: If you'd close the public hearing, I'd make a motion we approve it. CHAIRPERSON MAC'KIE: Registered speakers? MR. FERNANDEZ: None. CHAIRPERSON MAC'KIE: Okay. Close the public hearing. COMMISSIONER CONSTANTINE: Motion to approve. COMMISSIONER BERRY: Second it. CHAIRPERSON MAC'KIE: All in favor, say aye. Opposed? (No response.) CHAIRPERSON MAC'KIE: Passes unanimously. Item #12B2 ORDINANCE 99-57, RE PETITION PUD-99-6, DONALD W. ARNOLD, AICP, OF WILSON, MILLER, BARTON & PEEK, INC., REPRESENTING G.L. HOMES OF NAPLES ASSOCIATES, LTD., REQUESTING A REZONE FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN AS RIGAS PUD FOR A MAXIMUM OF 725 RESIDENTIAL DWELLING UNITS AND A MAXIMUM OF 10,000 SQUARE FEET OF CONVENIENCE COMMERCIAL AND RECREATIONAL USES FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (C.R. 846), APPROXIMATELY ONE MILE EAST OF 1-75 AND ONE MILE WEST OF C.R. 951, CONSISTING OF 232 +/- ACRES - ADOPTED Next, 12(b) (2). COMMISSIONER NORRIS: This is the one Don Arnold is bringing forward? CHAIRPERSON MAC'KIE: Yeah, Don. This is a public hearing, so anybody who wants to be heard on this matter needs to stand, raise their right hand and be sworn by the court reporter. COMMISSIONER CARTER: COMMISSIONER BERRY: COMMISSIONER NORRIS: COMMISSIONER CARTER: CHAIRPERSON MAC'KIE: COMMISSIONER BERRY: COMMISSIONER NORRIS: I have to disclose prior knowledge, right? Yeah. Right. I have been contacted by this group. I have not. I have. I have. I've had contact. COMMISSIONER CONSTANTINE: I have, too. CHAIRPERSON MAC'KIE: And Commissioner Constantine has. (The speakers were sworn by the court reporter.) MS. MURRAY: Susan Murray from -- CHAIRPERSON MAC'KIE: Susan, instead of making a presentation -- MS. MURRAY: Yes. Page 147 August 3, 1999 CHAIRPERSON MAC'KIE: -- are there members of the board who would like the presentation or should we just ask questions? COMMISSIONER BERRY: I'd like to know if there's anybody here that's dissatisfied with this. Let's do it that way. CHAIRPERSON MAC'KIE: So, we could go to public speakers. COMMISSIONER BERRY: Right. MS. MURRAY: May I make just one statement because -- CHAIRPERSON MAC'KIE: Of course, you may. MS. MURRAY: -- you need to be aware that there are some changes to the PUD document that have been made that are not in your packet. They have been reviewed by staff and we are in general agreement with them. I'm going to let Wayne Arnold present those. CHAIRPERSON MAC'KIE: All right. MS. MURRAY: If there's something I disagree with, I will speak up, but overall I think we're in agreement with those changes. CHAIRPERSON MAC'KIE: Hi, Don. MR. ARNOLD: Good evening. Wayne Arnold representing G. L. Homes of Naples Associates. This petition, of course, is the RIGAS PUD. And in that I'll jump right to, I think, the issues at hand and those would be some of the changes that have been made between the initiation of this project and where we are today. Most of those stem from our Planning Commission meeting in which we revised the document to reflect increased buffering language, for instance, adjacent to the Heritage Greens PUD. The code requires an amendment of a ten-foot buffer. Because residents were at the meeting and were concerned about exotic vegetation that's being removed along with our buffering, we made some, I think, fairly significant concessions, most of which is that we committed to building single family product in the area adjacent to the Heritage Greens project north of the golf club, maintenance center site, and I'll take you through that on the master plan if you wish. On the master plan that I'm showing you, obviously -- CHAIRPERSON MAC'KIE: Well, we need to hear this change so that Ms. Murray can tell us that he's making representations that are agreed to by staff. MR. ARNOLD: I'll just try to speak from this microphone then. On the diagram you can see in black and white a cul-de-sac that terminates about mid point on our color exhibit. Everything south of that area is the Heritage Greens maintenance center and golf course. What we committed to on the record at Planning Commission was north of that cul-de-sac along our eastern property line was to put in a 15-foot wide buffer. We committed to an enhanced landscape material, which is one tree per 20 feet as opposed to one tree per 30 feet. We committed to adding a three-foot high hedge at time of planting, and the most significant of which we committed to build only single family detached product. And that is fairly significant, because when you look at what's adjacent to us in Heritage Greens, it's about a 300-foot wide golf fairway before you get to lake and structures that are residential units and the Heritage Greens PUD. One of the changes that we did make during this process was to take what was originally designated a preserve tract that Mr. Rattery from G. L. Homes is pointing to, and we have bubbled that out as a Page 14 8 August 3, 1999 potential residential pod. We've done that based on our conversations and meetings with the Army Corps of Engineers and South Florida Water Management District. When we initially conceived this project, our indicators were that this area was likely to be claimed as jurisdictional wetlands by the Army Corps. Upon their further review, they came out and said that this is very marginal quality wetland material we're dealing with and they were less inclined to give us credit for preserving that area, so consequently we decided during this process that we needed to preserve some opportunities for us, and that was to make that a residential pod as opposed to a dedicated preserve. We understand that as we go through their permitting process, and they may change their mind and decide that maybe this is a salvageable wetland system, we may end up making that a preserve area if that's what comes out of our permitting. But for purposes of our PUD, we felt that the appropriate thing to do was to at least reserve the opportunity there for residential development. Again, we carried forward the same commitments we made on the record at Planning Commission, which was the enhanced buffer, the enhanced buffer material, and the detached product type. Again, we're separated by the 17th -- the 16th golf fairway, the 17th golf fairway before you get to residential homesites over in Heritage Greens. That's something that we presented to the representatives of U.S. Homes who, at the Planning Commission, the homeowners that were there, represented to us that they were turning this issue over to U.S. Home, the home builder in Heritage Greens. We then a couple of days after meeting with the Army Corps of Engineers modified this plan, we met with U.S. Homes, went over those changes with them. We in turn gave that plan, the revised plan, to the county staff for their review. And in turn, as we committed to at the Planning Commission meeting, we requested that we have an opportunity to go speak to the homeowners' association at Heritage Greens. And we have attempted to set that up through the U.S. Home Corporation and, in fact, we had that meeting last Wednesday evening with the representatives of Heritage Greens homeowners. And there were, I believe, by my head count, 31 people in attendance at which we presented this plan and what our commitments were for the project. I understand there is one gentleman here who has some questions or issues with what we're proposing to do with the buffering; but, nonetheless, that is what we've -- we've tried to do. We haven't tried to hide anything. We've merely tried to respond through the process as we could. The other issue that I think is outstanding that's of note is that I think there was some potential, I won't say disagreement, but lack of clarity on the record relating to our sidewalks. We had originally requested an exception to the sidewalk language because our developer typically builds a large pathway system around its loop road system that we've shown typically about eight feet in width in lieu of the two five-foot sidewalks that would otherwise be required on local streets. Page 149 August 3, 1999 We had asked for an option, and at the Planning Commission meeting, there was a motion that was approved and there was another motion, and discussion on that motion, and the language that said "or two five-foot sidewalks" was taken out. We're merely asking to put back in the option because we really envisioned on the primary entry road system, before you get down to the primary loop surrounding the residential development, that we would like to reserve the option for doing two five-foot sidewalks as opposed to one eight-foot wide pathway along that segment of the road, so we're asking for that modification. The document that Susan Murray has been presented with does reflect that change. It does not appear there. COMMISSIONER NORRIS: Anybody object to him putting in more sidewalks? COMMISSIONER BERRY: No. CHAIRPERSON MAC'KIE: Staff obviously. No objection? MS. MURRAY: It's not necessarily more sidewalks. It gives them the option of putting on one side or putting on both sides. It's my understanding that the Planning Commission specifically wanted an eight-foot sidewalk on one side. Staff normally supports sidewalks on two sides of the street. That's what the Land Development Code requires and, so, that's what I would as staff support. COMMISSIONER CARTER: Well, that's what it ought to be. CHAIRPERSON MAC'KIE: Right. MR. ARNOLD: And, again, I think it goes without saying we're -- we are cooperating here with the Immokalee Road widening project. We're giving up 50 feet of right-of-way for that. We've been in conversations with Karen Bishops, who is trying to organize an effort to help relocate part of the sidewalk out of the county right-of-way. We're willing to do that. We've put that on the record. Again, we're also addressing future Logan Boulevard with a connection there. We are trying very hard to acquire the additional right-of-way necessary to get right up to Immokalee Road so that we can potentially come back to you and ask to build that road segment. That's something that we're continuing to negotiate with the property owner. COMMISSIONER CARTER: Are we to understand on that road access that you are building a two-lane which you are acquiring of land so that it could be expanded to four lanes when necessary? MR. ARNOLD: That's the intent, if we can acquire that property, and -- and we are attempting very hard to make that acquisition. CHAIRPERSON MAC'KIE: Than I'd like to just tell the board briefly for a little heads up, that this Immokalee sidewalk question is coming back. There was something on our agenda from staff that, frankly, I think you'd be disappointed in if you had seen what it was. It just was status quo we approve -- you know, the design meets all the criteria so we don't have to do anything better just because there are schools out there. Fortunately, the private sector has taken the bull by the horns and we're going to have something more specific to propose. So, that will be coming back, but I appreciate that this developer has agreed to participate in that matter. MR. ARNOLD: Those were the two outstanding issues of concern. Again, I would like to go ahead and reserve an opportunity to respond to maybe the public comment if there are additional questions. Page 150 August 3, 1999 Kevin Rattery, the vice-president with of G. L. Homes is here and available for comment or question if you -- CHAIRPERSON MAC'KIE: Are there speakers registered, Mr. -- MR. FERNANDEZ: Yes, Madam Chairwoman. There are two; Kris Wells and Pamela S. Durrenberger. CHAIRPERSON MAC'KIE: If you'd come on up, we'd appreciate it. You get the patience award. MR. WELLS: Thank you, Madam Chairwoman and commissioners for the opportunity to watch government at work. THE COURT REPORTER: Sir, would you identify yourself for the record, please?) MR. WELLS: I'm sorry. My name is Kris Wells. I'm a resident of Heritage Greens, and I wanted to voice some concerns. I know that the commission has spent a fair amount of time on this and certainly G. L. has done good work in making some accommodations to concerns that were voiced at the last meeting that resulted in the continuance. The concern I wanted to articulate is the documents that are in the agenda and reflected outside, as G. L. has just presented, show that the Planning Commission and the staff was presented initially with a preserve area that is reflected here, and upon staffing and working with the Corps and so forth, elected to change that and provide for single family development in that area. That change, however, was not communicated to the residents until, as was pointed out, Wednesday of last week. I should anecdotally note that the, quote, Homeowners Association of Heritage Greens, which is most dramatically impacted by this development is a -- an amorphous being in that the development is still going on and there's onesees and twosees of folks that are active and attentive. Unfortunately they had gotten some -- some word and indication and were able to elevate the community's concerns to you, folks. But, specifically, now, after the -- the last Wednesday meeting in which G. L. Homes came and briefed what they're going to do about buffers and so forth, they also briefed this change. But what I'm suggesting is that Wednesday of last week until now has not afforded the homeowners any opportunity to kind of solve this mystery, and I assure you it is -- it is a mystery with respect to the major players that include U.S. Homes, Ronto group, RIGAS, the Corps of Engineers. CHAIRPERSON MAC'KIE: What's the mystery; about whether or not that should be a residential pod? MR. WELLS: Yes. Yes. Its -- its content as a -- as a preserve device, a -- what is currently a designated preserve. The white notch you see there is designated by the Army Corps as preserve, and the original presentation of Planning and G. L. was to leave that residential area as preserve, too, inasmuch as they don't own the property north of that. That changed as of Wednesday of last week. And the homeowners, again, being an amorphous group, and trying to get ahold of folks and trying to pursue the major players, have simply not had an opportunity to really get the information they need on that, recognizing that it's G. L. has pointed out the Corps of Engineers could well reverse their initial assessment and -- and change that to preserve anyway. COMMISSIONER CONSTANTINE: Can I ask a question? CHAIRPERSON MAC'KIE: And if they do, they will have to. MR. WELLS: Right. Page 151 August 3, 1999 COMMISSIONER CONSTANTINE: How big is that notch? How many acres is that? MR. WELLS: I believe it would be five acres. MR. ARNOLD: That's correct. MR. WELLS: 330 by 660. CHAIRPERSON MAC'KIE: Do you understand that if in fact the Corps finds that there's some value to that from an environmental perspective, that we can color it yellow all we want to, but the Corps will color it green? MR. WELLS: Yes. Yes, I do understand that, but the concern is now as they proceed forward, that now is the time for the public to have a public hearing, and this is the opportunity to do that, and to get our public ducks in a row which, admittedly, we just simply have not had the opportunity to do. It was news to us Wednesday that the -- the area will now be developed as single family homes. And we would like to pursue that. As I said, there are issues that were brought to you before involving buffers and so forth are not my concern at the moment. But I would obviously like to get active with the community members so that they are afforded that opportunity before this PUD is approved, to look at -- into the -- the nature of that -- COMMISSIONER BERRY: How close -- MR. WELLS: -- potential preserve area. COMMISSIONER BERRY: Excuse me, sir. How close are the nearest homes to that from -- MR. WELLS: Well, in -- in part, the -- the agenda leaves some amount of confusion in my mind. The agenda said when the PUD was revised the last time, it said that the PUD would be revised to provide single family dwellings along there as they pointed out and five feet more to provide a landscaped buffer of 15 foot wide with trees planted on 20 feet. That's on the G. L. side. COMMISSIONER NORRIS: Yes. MR. WELLS: Then there's a golf course. COMMISSIONER NORRIS: Two holes -- MR. WELLS: And then there is U.S. Homes. COMMISSIONER NORRIS: Two holes wide at that point. CHAIRPERSON MAC'KIE: Yeah. MR. WELLS: Yeah. There's the 17th and 18th fairways. COMMISSIONER NORRIS: 16 and 17. MR. WELLS: 16 and 17. You're correct, sir. I'm sorry. And a little bit of water in there. In the minutes it says it's about 300 feet, but it also said in the minutes that there will be -- it will include a 25-foot landscaped buffer plus a golf course of approximately 275 feet. COMMISSIONER BERRY: COMMISSIONER NORRIS: COMMISSIONER BERRY: CHAIRPERSON MAC'KIE: COMMISSIONER BERRY: CHAIRPERSON MAC'KIE: There's no homes that are directly No. -- adjacent -- No. -- to that. It's on a golf hole. MR. WELLS: Yeah. The homes are -- COMMISSIONER NORRIS: Two wide. CHAIRPERSON MAC'KIE: Right. I don't understand really what the issue might be. COMMISSIONER BERRY: So, I don't understand what the issue is either. Page 152 August 3, 1999 MR. WELLS: The issue is it was presented as preserve that was their original plan and they changed the plan and now they'll have homes there. And that's -- COMMISSIONER NORRIS: Yes. COMMISSIONER BERRY: 23 of them. MR. WELLS: Pardon me? COMMISSIONER BERRY: 23 of them. MR. WELLS: Twenty-three on that cul-de-sac there. But the change from -- well, it was presented as -- CHAIRPERSON MAC'KIE: You didn't have a lot of time to get to look at that -- MR. WELLS: Exactly. We're -- CHAIRPERSON MAC'KIE: -- and your association members have not had a lot of time to get to look at that, and -- MR. WELLS: That's correct. CHAIRPERSON MAC'KIE: -- and I just have to respectfully say that I think if they did, and they were reasonable, they would say those 23 homes on a golf hole aren't going to hurt anybody. So, I hate to hold these guys up because of that change. That was outside of their control, because it was an Army Corps change. MR. WELLS: No, no. It wasn't an Army Corps change. The Army Corps had designated this portion as wetlands or as preserve, and in their presentation in the documents that are outside, they had indicated they would retain this as preserve, and then they elected not to following discussions with the Army Corps. CHAIRPERSON MAC'KIE: Right. That's -- that's what I meant. MR. WELLS: Okay. CHAIRPERSON MAC'KIE: Okay. Other questions for this speaker? COMMISSIONER CARTER: I understand where he is. They want to keep that as a preserve until they got enough feedback from their homeowners group and I would present to the petitioner that what would prohibit keeping that as a preserve until that feedback has gotten from your group, and there's no objection to it, but you don't care if it's 23 homes in there? CHAIRPERSON MAC'KIE: Mr. Arnold. MR. ARNOLD: May I address that?. CHAIRPERSON MAC'KIE: Yes. MR. ARNOLD: One of the difficulties in approaching it in that method, Commissioner Carter, is that we have to prepare Army Corps of Engineer permits to show maximum impact. We can't easily go back through a 12-month process and modify that subsequent to determining if the Army Corps is going to claim that as jurisdiction. That needs to be reflected as part of our original petition with them, and we need to reflect the maximum amount of impact that we potentially can as opposed to coming back essentially a year later and doing that. We have not added additional dwelling units to reflect this additional five acres of development pod, but we have clearly -- I just scaled it off the aerial. We're at that location, about 420 feet from the nearest resident. Now, we have single family developments -- single family developments with a ten-foot rear yard and ten-foot rear yard. We are talking a distance exceeding a football field in length to put single family homes against golf and then single family homes. Page 153 August 3, 1999 Even if we had shown that as preserve, I think we're going far and beyond where we should be. And I just tried to put this in context. It was at our initiation we even met with the homeowners association. When we left the Planning Commission meeting, one gentleman representing and who spoke for the Heritage Greens property owners said, you know, contact me. We contacted him. He said, we've turned the entire issue to U.S. Homes. Please deal with them. Whatever they are happy with, we're happy with. So, that's how we proceeded. It was only at Mr. Rattery's initiation that we finally got a meeting with the homeowners. And, you know, I'm sorry if there's not appropriate notice, but from my perspective, the concessions that we've made are far and above what even the representatives of U.S. Homes have said to us, which was, we're not taking advantage of potential golf course views that we have because it's an appropriate location for multifamily to sell units that get a golf course view. We're giving them the lowest level of impact that we can possibly do. And like we said, we're not certain that the Army Corps would even allow us to impact those wetlands. CHAIRPERSON MAC'KIE: Okay. In deference to our -- to the time, I'm going to call for the next speaker. COMMISSIONER NORRIS: While the next speaker is coming up, I understand the concern of the homeowners that the RIGAS PUD is going to have the biggest impact on the Heritage Greens PUD and the homeowners want a voice. But on the other side of that very same coin, you've got to understand that Heritage Greens has the biggest impact on the RIGAS PUD and those homeowners will never have the opportunity to comment on Heritage Greens PUD. CHAIRPERSON MAC'KIE: Yes, ma'am. MR. FERNANDEZ: Pamela Durrenberger. COMMISSIONER NORRIS: Just to be fair. CHAIRPERSON MAC'KIE: Were you -- you weren't sworn? MR. FERNANDEZ: I don't think she's sworn. CHAIRPERSON MAC'KIE: You were not sworn, madam? (The court reporter swore in the witness.) CHAIRPERSON MAC'KIE: And you could state your name for the record, please. MS. DURRENBERGER: Pamela Sue Durrenberger. I appreciate what you're all saying, but the main concern is would you purchase a home, being told that behind you was a preserve, nobody else could build there, so you think, okay, you're safe. And then all of a sudden, everything changes and now you're going to be looking into someone's backyard? It doesn't matter that there's a 300 -- three yard distance. It does not matter. I don't want to see somebody behind me. We purchased that home because of that reason. We just moved from Isles of Capri, and across of us was mangroves. They could not build there. So, now we're facing this. It does not -- COMMISSIONER CONSTANTINE: Can I ask you who said that? You said when you bought, someone told you -- MS. DURRENBERGER: Our sales representative told us that it -- it's all hearsay. It's going back. Here's your preserve. If they were to build, you're going to have a 50-foot buffer. And I have calls in to many people to find out what we can do. Page 154 August 3, 1999 Ail we're asking, someone to halt the PUD agreement, a PUD approval, until we can regroup and find out. My husband and I, we just found out about it last week. What -- you know, I have two young children. I don't want them looking out at somebody else. I already have an ordeal down the street. I don't need that. All we're asking is to halt it until we can regroup and find out what we as the homeowners association can do against this. COMMISSIONER NORRIS: Where do you live from this? MS. DURRENBERGER: I live on the 17th fairway. COMMISSIONER NORRIS: Is that -- isn't that apartments or is that single family? MS. DURRENBERGER: Single family. No. COMMISSIONER NORRIS: Single family. Do you have any single family near you? MS. DURRENBERGER: They're on both sides of me. COMMISSIONER NORRIS: But you don't want somebody on a -- MS. DURRENBERGER: I don't want to look in someone's backyard. That was the whole reason we purchased it. COMMISSIONER NORRIS: There's a buffer between there. You can't see into the back yard actually. MS. DURRENBERGER: You're going to be able to see and hear people without a buffer zone. Yes, you will. I've been there, done that. COMMISSIONER NORRIS: Okay. MS. DURRENBERGER: You will. CHAIRPERSON MAC'KIE: Thank you. Appreciate your comments. Are there other speakers? MR. FERNANDEZ: No other speakers. CHAIRPERSON MAC'KIE: If not, we'll close the public hearing. COMMISSIONER NORRIS: Motion to approve. CHAIRPERSON MAC'KIE: There's a motion. Is there a second? COMMISSIONER BERRY: I'll second it. CHAIRPERSON MAC'KIE: Motion and a second. Discussion? COMMISSIONER CONSTANTINE: Just discussion. I understand their frustration, particularly if they're told -- and I understand the petitioner isn't responsible for what his salesperson told you and where that goes, but I think the request is not an unreasonable one, and I'm going to support the motion. I also understand the frustration in that you moved in expecting one thing. Even if it's 300 yards, it's not unreasonable to actually expect it to stay that way if somebody assures you that it's going to. So, we're -- we're limited on a number of legal issues on what we can do and can't do and why, and so I will support it, because I don't think it's unreasonable according to all our growth management plan criteria, but I just -- I don't want you to think that we're not paying any attention. I understand the frustration on that. CHAIRPERSON MAC'KIE: And before I call the question, I just want to put on the record that the -- the order from the state, least the newspaper or someone else get confused about how could we possibly be approving 725 additional units, this petition was filed in March and the state order says that anything that was in by June 22nd is not subject to the current rules. COMMISSIONER CONSTANTINE: This is in the urban areas? COMMISSIONER NORRIS: This is in the urban area. COMMISSIONER CARTER: Urban area also. CHAIRPERSON MAC'KIE: So, it doesn't even matter. Page 155 August 3, 1999 COMMISSIONER NORRIS: It doesn't matter. COMMISSIONER BERRY: That's right. CHAIRPERSON MAC'KIE: Okay. Sorry. You guys were here for that and I didn't have to hear it. COMMISSIONER CARTER: Well, it's good to clarify that point. It's very difficult for the public to understand that when we do this that we're doing it under our current growth management plan. It is an urban area and, legally, we have -- well, legally, if everything is in place, we have to approve it. CHAIRPERSON MAC'KIE: Okay. Motion and a second. Is there any further discussion? All in favor, please say aye. COMMISSIONER BERRY: Aye. CHAIRPERSON MAC'KIE Aye. COMMISSIONER CONSTANTINE: Aye. COMMISSIONER NORRIS: Aye. CHAIRPERSON MAC'KIE: Opposed? COMMISSIONER CARTER: Aye. CHAIRPERSON MAC'KIE: Passes four to one. Item #12C2 ORDINANCE 99-58, AMENDINO THE RENTAL REGISTRATION SECTION OF THE COLLIER COUNTY HOUSING AUTHORITY ORDINANCE TO REFLECT ADMINISTRATIVE IMPROVEMENTS TO THE PROGRAM - ADOPTED Okay. The next item has to do with the rental registration ordinance. Is this -- COMMISSIONER CONSTANTINE: Close the public hearing? CHAIRPERSON MAC'KIE: -- something we need to have a big discussion? Are there any registered speakers? MR. FERNANDEZ: None. CHAIRPERSON MAC'KIE: If not, does anything have to go on the record? Close the public hearing. COMMISSIONER CONSTANTINE: Motion to approve the item. CHAIRPERSON MAC'KIE: COMMISSIONER NORRIS: CHAIRPERSON MAC'KIE: Opposed? (No response.) CHAIRPERSON MAC'KIE: Could I have a second? Second. Ail in flavor, say aye. Passes unanimously. Item #13A2 RESOLUTION 99-334, RE PETITION PR-99-1, EMILIO J. ROUBAU, P.E. OF RWA INC., REPRESENTING HIDEOUT GOLF CLUB, LTD., REQUESTING RESERVATION OF LAND FOR OFF-STREET PARKING, HAVING AN EQUIVALENT CAPACITY OF 43 PARKING SPACES FOR A PRIVATE GOLF CLUB, LOCATED ON BRANTLE¥ BOULEVARD IN SECTION 24 AND 25, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY - ADOPTED 13(a) (2), and this is the Hideout Golf Club. The wet -- the hand in the air is telling me that I need to swear people. Anyone who wants to be heard on this item, please stand and raise your right hand and be sworn by the court reporter. Page 156 August 3, 1999 none. (The speakers were sworn by the court reporter.) CHAIRPERSON MAC'KIE: Any disclosure from board members? I have COMMISSIONER NORRIS: No. COMMISSIONER CARTER: No. COMMISSIONER CONSTANTINE: No. COMMISSIONER BERRY: Not that I remember. MS. MURRAY: Susan Murray from the current planning staff. This is a parking reservation petition. You may not be familiar with it because we don't do too many. If you would like to me explain it or the process, I'd be happy to -- CHAIRPERSON MAC'KIE: I understood it from the -- MS. MURRAY: Okay. Otherwise, I just want to get on the record that the original petition, the site is required to build 113 parking spaces. The original petition was to build 70 and reserve 43. We met at the Planning Commission and it was the Planning Commission's recommendation that 88 spaces be built and 25 be reserved for which the petitioner agreed and revised the plan, which you see on the overhead, and which is part of your packet, so this is nothing new. I just wanted to get that on the record. CHAIRPERSON MAC'KIE: MR. FERNANDEZ: None. CHAIRPERSON MAC'KIE: COMMISSIONER NORRIS: COMMISSIONER BERRY: CHAIRPERSON MAC'KIE: Opposed. (No response.) CHAIRPERSON MAC'KIE: And just a -- COMMISSIONER CONSTANTINE: Are there registered speakers on this item? Close the public hearing. Motion to approve. Second it. All in favor, please say aye. It's unanimous. And a tired 5/0 vote. Page 157 RESOLUTION NO. 99- 334 RELATING TO PETITION NUMBER PR-99-01, FOR A RESERVATION OF OFF-STREET PARKING SPACES ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. AU6- 3 1999 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 reservations of off-street parking spaces pursuant to Section 2.3.14 of the Code; 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 reservation of 25 off-street parking spaces to be reserved for future use as shown on the attached plot plan-, Exhibit "A", in order to meet the requirements of the Restrictive Covenant and Parking Reservation Agreement between Maurice Kent as President of Hideout Golf Club, Inc., the general partner of Hideout Golf Club, Ltd. and Collier County, by and through its Board of County 'Commissioners, for property hereinafter described, and has found as a matter of fact that the granting of said reserved parking will not have any detrimental effect to the public; 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 PR-99-01, filed by Emilio J. Robau, P.E. 6f RWA Inc., representing Hideout Golf Club, Ltd., with respect to the property hereinafter described in the attached Exhibit "B" be and the same hereby is approved for a reservation of 25 off-street parking spaces from the required 113 parking spaces as shown on the attached plot plan, Exhibit "A" to be reserved for future use as a parking area in conjunction with the golf course use located in the Rural Agricultural Zoning District wherein said property is located, subject to the following conditions: Exhibit "C" AU6- 3 1999 BE IT RESOLVED that this Resolution relating to Petition Number PR-99-01 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ~..'3d~ day of ~ ,1999. ATTEgT.'. t: -t.-. . ........ Clerk ',Ap~rPVea~.~*o~ ~d Legal Sufficiency: Ma~o~ M. Student Assistant County Attorney g/admin/sue/PR-99-01/RESOLUTION BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ~A~L~, S. ~LAC'KIE, (~Tman -2- Exhibit A ~R-99-1 AU6- 3 ]999 ~ GOLF COURSE f~ ~-~ ~-, ~--~--~~~~t CART BARN COP-4SFfRUCI MINIMUM 88 PARKING L SPACES AND RESERVE AREA FOR GOLF COURSE 25 ~DDIhON~L SPACES IF NEEDED ,i TA -~- ...... HIDEOUT GOLF CLUB LTD CI~ ENGINEE~ Development & 1" = 60' ' ' ~ ~ ~En~ronmen~Consul~ts ~.~.~:__. T,,~[: HIDEOUT GOLF CLUB ~"~"~'~.~,~,~ .... PARKING RESERVATION EXHIBIT ,,..,.,,:;. 98-0046 .,,. 1 ~ 1 .,,.,,.: 80046X0 T~'P~CAL T.~RO,~G~C, UT PI2OPEPT? E Exhibit B PR-99-1 DESCRIPTION (AS PREPARED BY THIS FIRM) AU6- 3 1999 TRACTS 25. 29. 30. 32. 35. AND 34. THE SUBDIVISION OF SECTION 24, T.495., R.26.E. INTO 16 ACRE TRACTS AS RECORDED IN PLAT BOOK 4, PAGE 34, COLLIER COUNTY' FLORIDA, PUBLIC RECORDS, AND ALSO: PART OF TRACT 31, THE SUBDIVISION OF SECTION 24, T.49S., R.26.E. INTO 16 ACRE TRACTS AS RECORDED IN PLAT BOOK 4, PAGE .34. COLLIER COUNTY FLORIDA, PUBLIC RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECIION 24, TOWNSHIP 49 SOUTH. RANGE 26 EAST, COLLIER COUNTY FLORIDA AN0 THE SO~IT~IWEST CORNER OF TRACT 51. THE SUBDIVISION OF SECTION 24, T,49S., R.26E. INTO 16 ACRE TRACTS AS RECORDED IN PLAT BOOK 4, PAGE .34, COLLIER COUNTY FLORIDA PUBLIC RECORDS; THENCE N.OO'59'50'W. ALONG THE WEST LINE OF SAID SECTION ANO THE WEST LINE OF SAID SUBDIVISION FOR 625.15 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N.00'59'50'W. ALONG SAID WEST LINE FOR 719.07 FEET TO THE 'NORTHWEST CORNER OF SAID TRACT 3!; THENCE N.8B'48'45"E. ALONG THE NORTH LINE OF SAID TRACT 31 FOR 527.89 FEET TO THE NORTHEAST CORNER OF SAID TRACT 31; THENCE · S.O0'5B'45'W. ALONG THE COMMON LINE OF TRACT :31 AN[} TRACT 30 FOR 719.59 ~'E-ET: THENCE S.88'52'08"W. FOR 527.66 FEm~T TO THE POINT OF BEGINNING AND ALSO. COMMENCING AT THE SOUTHWEST CORNER OF SECTION 24 AND THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 49 SOUTH. RANGE 26 EAST: THENCE S.00'53'50"E. ALONG THE WEST LINE OF SAID SECTION 25 FOR 1008.00 FEET TO THE POII~T OF BEGINNING; THENCE CONTINUE S.00'53'50"E. ALONG SAID WEST LINE FOR 1008.00 mEET; THENCE N 89'07'24'E. FOR 1980.93 FEET: THENCE N.00'58'$1'W. FOR 676.04 FE.~.'; THENCE N.59'OO'22"E. FOR 659.98 FEET TO THE EAST LINE OF THE NORTHWEST ONE QUARTER (NWl/4) OF SAID SECTION 25; THENCE N.01'OO'30"E, ALONG SAID EAST LINE FOR 1354 79 FEET TO THE NORTH LINE OF SAID SECTION 25; THENCE N.8B'46'18"W. ALONG SAID NORTH LINE FOR 1318.67 FEET: THENCE S.00'57'!1'E fOR 1012.04 FEET; THENCE S.BB'56'51%V. FOR 1319.64 FEET TO THE POINT OF BEGINNING NOTES: SURVEY ~ASED ON DESCRIPTIONS AS RECORDED IN THE PUBLIC RECORDS OF COLUER COUN/Y AS PROVIDED BY THE CLIENT, THE RECORD PLAT OF GOLDEN GA1~. ESTATES. UNITS 15. 27. 28, 29 AND 195. ALL RECORDED IN THE PUBLIC RECOP. DS OF-COLUER COUNTY, FLORfDA. A SUR%~Y PREPARED BY W. LAMAR EVERS, INC., FILl[ NO. C-BB-014-1. DATED 1-7-87 AND EXISTING MONUMENTATION. BEARINGS ARE BASED ON THE SOUTH LINE 0!:' SECTION [:4. TOWNSHIP 49 SOUTH, RANGE 26 EAS1. AS BEARING S.88'46'18'W. THIS PLAT PREPARED AS A BOUNDARY SURVEY. THIS PARCEL UES ~N FLOOD ZONE "×", THIS IN;ORMATiON WAS TAKEN FROM fEDERAL INSURANCE RATE MAP 120067 0425 D, DATED 6-3-86. INTERIOR IMPROVEMENTS WERE NOT LOCATED AT THIS TIME PF.R P. EOUES-r OF THE CLIENT. AU6- 3 1999 Exhibit C PR-99-1 The developer is subject to all of the requirements of Section 2.3.14. of the Land Development Code, Off-street parking reservation, as amended, and all other applicable sections of the Land Development Code. A roadway surface condition survey of the last (southerly) mile of 23ra St. S.W., shall be submitted to the Collier County Transportation Services Department for review and approval prior to final site plan/construction plan approval. Following construction of the golf course, the clubhouse, and the maintenance facility, the developer shall submit another survey. If, and to the extent that, the survey discloses degradation to the last mile of23rd St. S.W. attributable to the construction of the golf course, the clubhouse, and the maintenance facility, the developer shall restore that portion of the street to its pre-construction condition. Prior to the issuance of building permits for the project, the petitioner shall provide reasonable financial assurances, in any of the forms authorized for subdivision improvement guarantees, that funding will be available to make the restoration if shown as necessary by the survey. RESTRICTIVE COVENANT AND PARKING RESERVATION AGREEMENT AUG- 3 1999 THIS AGREEMENT is made and entered into this~A,c day of~, 1999, by and between Maurice D. Kent, President of Hideout Golf Club, Inc., the general partner of Hideout Golf Club Ltd., a Florida Limited Partnership (the "Petitioner") and the Collier County Board of County Commissioners (the "Board"). RECITALS WHEREAS, Petitioner is the owner of property located on Brantley Boulevard in Sections 24 and 25, Township 49 South, Range 26 East (hereinafter the "subject property"), more particularly described by Exhibit 1 attached hereto and incorporated by reference herein; and WHEREAS, the Petitioner will construct an 18 hole golf course driving range, pro-shop, clubhouse and maintenance building on the subject property; and WHEREAS, the Petitioner is required to provide adequate parking in accordance with the requirements of Division 2.3 of the Collier County Land Development Code; and WHEREAS, the Petitioner maintains that the parking spaces required for the subject property are excessive; and WHEREAS, pursuant to Section 2.3.14 of the Land Development Code, the Petitioner is requesting a reservation of 25 parking spaces from the required 113 parking spaces. NOW, THEREFORE, in consideration thereof, the petitioner and owner of the sharing facilities agree as follows: 1. That the above recitals are true and correct and incorporated by reference. 2. That the Petitioner shall reserve an area on the subject property sufficient to accommodate 25 parking spaces, drive aisles, landscaping and other additional areas sufficient to meet the requirements for off-street parking areas pursuant to the Division 2.3 of the Land Development Code for the Petitioner's exclusive use as more fully shown on the site plan attached hereto and incorporated by reference herein as Exhibit 2. 3. That the reserved parking area shall never be encroached upon, used, sold, leased or conveyed for any purpose except in conjunction with the golf course and associated uses which said reserved parking area serves so long as said number of reserved parking spaces are required by the Land Development Code. 4. That the Board, by and through its Current Planning Staff, shall monitor the activities on the subject property and provide written notification to the Petitioner, or its successor or assigns, in the event it is determined that insufficient parking exists on site and that the provision of additional parking spaces from the reserved parking area are necessary to provide sufficient parking. AUO- 3 1999 '5. That in the event additional parking spaces are required from the reserved parking area, the Petitioner shall commence construction, at its expense, of said additional parking spaces deemed necessary by Collier County. 6. That the person executing this Agreement on behalf of the Petitioner has full authority to do so. 7. To bear the expense of recording this Agreement in the Official Records of Collier County which shall bind the property owner and its successors and assigns. 8. To abide by all the conditions and stipulations described in the Agreement Sheet noted as Exhibit 3 and by the Site Plan noted as Exhibit 2 attached hereto and incorporated by reference herein. 9. That all of the requirements for a Board of Zoning Appeals' determination for reserved parking referenced in Petition PR-99-01 have been met and approved by Staff. That this Agreement shall remain in full force and effect unless and until terminated 10. by the Board. 11. That this Agreement shall be voided by the Board if the reserved parking area is converted to a usable parking area or if the reserved parking area is no longer required. 12. That upon failure to conform to the provisions of the Agreement or the attached Agreement Sheet. This Restrictive Covenant and Parking Reservation Agreement shall become void and of no effect and the Petitioner shall be required to conform to all regulations pertaining to the subject site as required by the Collier County Land Development Code. IN WITNESS WHEREOF the parties hereto have set their hands and seals the day and year fi st: ab'ove,.written. Attest: ' DWIGHT E. BROCK, Clerk Attest as to Chairm~'$ sl at e oai$, Witnesses: ouNTY COMMIS sio PETITIONER Maurice D. Kent, President Hideout Golf Club, Inc., General Partner of Hideout Golf Club, Ltd. Approved as to form and legal sufficiency: Marjort~ M. Student Assistant County Attorney -2- AU6- 3 1999 STATE OF Florida ) COUNTY OF Collier ) The foregoing Agreement was acknowledged before me by Petitioner, Land Reservation and Off-Site Parking 199 SWORN TO AND SUBSCRIBED before me this day of , Notary Public Printed, Typed or Stamped Name Commission Number KENT PARKING RESERVATION AGREEMENT/md/G:SUE TYPICAL THROUGHOUT PROPERTY RIGHT OF WAY ~ONCRETE Exhibit ~ PR-99-1 E DESCRIPTION <As PREP RE TH,S AU6- 3 1999 RestrictiVe Covenant and Parking Agreement TRACTS 28, 29, 30. 32, 33 AND 34, THE SUBDIVISION OF SECTION 24, T.49S., R.26.E. INTO 16 ACRE TRACTS AS RECORDED IN' PLAT BOOK 4. PAGE :34, COLLIER COUNTY FLORIDA, PUBLIC RECORDS. AND ALSO: PART OF TRACT 31, THE SUBDMSION OF SECTION 24. T.495,, R.26.E. INTO 16 ACRE TRACTS AS RECORDED IN PLAT BOOK 4, PAGE 54, COLLIER COUNTY- FLORIDA. PUBLIC RECORDS. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST. CORNER OF SECIION 24. TOWNSHIp 49 SOUTH. RANGE 26 EAST, COLLIER COUNTY FLORIDA AND THE SOU~I~IW~ST CORNER OF TRACT 31, THE SUBDIW$1ON OF SECTION 24, T.49S., R.26E. INTO 16 ACRE TRACTS AS RECORDED IN PLAT BOOK 4, PAGE 34, COLLIER COUNTY FLORIDA PUBLIC RECORDS; THENCE N.0fT59'50"W: ALONG THE WEST UNE OF SAID SECTION AND THE WEST LINE OF SAID SUBDIVISION FOR 625.15 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE N.00'59'50"W. ALONG ~AID WEST LINE FOR 719.07 FEET TO THE ·NORTHWEST CORNER OF SAID TRACT 3!; THENCE N.88'48'45"E. ALONG THE NORTH LINE OF SAID TRACT 31 FOR 527.89 FEET TO THE NORTHEAST CORNER OF SAID TRACT .31; THENCE 500'58'45"W. ALONG THE COMMON LINE OF TRACT 31 AND TRACT 30 FOR 719.59 IcEET; THENCE S.BB'52'08"W. FOR 527.66 FEET TO THE POINT OF BEGINNING AND ALSO, COMMENCING AT THE SOUTHWEST CORNER Of SECTION 24 AND THE NORTHWEST CORNER OF SECTION 25. TOWNSHIP 49 SOUTH, RANGE 26 EAST; THENCE $.00'53'50"E. ALONG THE WEST LINE 0~- SAID SECTION 25 FOR 1008.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE S.OCT53'50"E. ALONG SAID WEST LINE FOR 1008.00 ~EET; THENCE N.89'07'24"E. FOR 1950.93 FEET; THENCE N.00'58'51'W. FOR 676.04 FEE~,; THENCE N.§9'0O'22"E. FOR 659.98 FEET TO THE EAST LINE OF THE NORTHWEST ONE: QUARTER (NWl/4) OF SAID SECTION 25'. THENCE N.01'OO'30"E. ALONG SAID EAST LINE FOR 1,354.79 FEET TO THE NORTH UNE OF ~AID SECTION 25; THENCE N.88'46'18"W. ALONG SAiD NORTH LINE FOR 1318.67 FEET: THENCE 500'57't I"E FOR 1012.04 FEET; THENCE S.88'56'51'~V. FOR 1319.64. FEET TO THE POINT OF BEGINNING NOTES: SURVEY E~ASED ON DESCRIPTIONS AS RECORDED IN THE PUBLIC RECORDS OF COLLIER COUNTY AS PROVIDED BY THE CLIENT, THE RECORD PLAT OF GOLDEN GATE ESTA~'ES, UNITS 15. 27. 28, 29 AND 195, ALL RECORDED IN THE PUBUC RECORDS OF-COLLIER COUNTY, FLORIDA, A SURVEY PREPARED BY W. LAI~AR EVERS, INC., FILE NO. C-B6-014-1, DATED I-7-87 AND EXISTING MONUMENTATION. BEARINGS' ARE BASED ON THE SOUTH LINE OF SECTION 24. TOWNSHIP 49 SOUTH. RANGE 26 EAS]. AS BEARING S.88'46'18"W. THIS PLAT PREPARED'A~ A BOUNDARY SURVEY. THIS PARCEL UES ~N FLOOD ZONE "X". TH~S INFORMATION WAS TAI~EN FROM FEDERAL INSURANCE RATE MAP 120067 0425 D, DATED 6-3-86. INTERIOR IMPROVEMENTS WERE NOT LOCATED AT THIS TIME PER REOUEST OF THE CLIENT. Exhibit 2 PR-99-1 AU6- 3 1999 Restric~tve Covenant and Parking Agreement ~ GOLF COURSE PROPERTY--X II I CONSTRUCT MINIMUM 88 PARKING L ................. SPACES AND RESERVE AREA FOR GOLF COURSE 25 ADDITIONAL SPACES IF NEEDED c:rr CLIENT: ~~~,c MAY, 1999 HIDEOUT GOLF CLUB LTD 1" = 6O' Oeve~e~&~~m~ E~ ~ ' r ' I~TITLE: HIDEOUT GOLF CLUB ~ ~ ~ ~ ~ ~ E~ronmen~l ~u~ S.M.P. ~~0~,~o ~"~"~'.~.PARKING RESERVATION EXHIBIT ~~:~~ .... ~:'~' ~8-004~ :,~ ~ ~ ~ 8004~X0 AU$- 3 1,999 Ex~b~3 PR-99-1 Restrictive Covenant and Parking Agreemer The developer is subject to all of the requirements of Section 2.3.14. of the Land Development Code, Off-street parking reservation, as amended, and all other applicable sections of the Land Development Code. A roadway surface condition survey of the last (southerly) mile of 23ra St. S.W., shall be submitted to the Collier County Transportation Services Department for review and approval prior to final site plan/construction plan approval. Following construction of the golf course, the clubhouse, and the maintenance facility, the developer shall submit another aurvey. If, and to the extent that, the survey discloses degradation to the last mile of 23rd St. S.W. attributable to the construction of the golf course, the clubhouse, and the maintenance facility, the developer shall restore that portion of the street to its pre-construction condition. Prior to the issuance of building permits for the project, the petitioner shall provide reasonable financial assurances, in any of the forms authorized for subdivision improvement guarantees, that funding will be available to make the restoration if shown as necessary by the survey. August 3, 1999 Item #13A3 RESOLUTION 99-335, RE PETITION V-99-10, ANTHONY P. PIRES, JR., OF WOODWARD, PIRES & LOMBARDO, P.A., REPRESENTING TINA M. OSCEOLA, REQUESTING AN AFTER-THE-FACT VARIANCE OF 13.6 FEET FROM THE REQUIRED FRONT YARD SETBACK OF 30 FEET TO 16.4 FEET FOR PROPERTY LOCATED AT 4447 29Ta AVENUE SW, FURTHER DESCRIBED AS LOT 18, BLOCK 101, GOLDEN GATE UNIT 3 - ADOPTED SUBJECT TO ADDITIONAL LANDSCAPING WITH A WRAP AROUND EFFECT CHAIRPERSON MAC'KIE: Just to wrap up the day, 13(a) (3), is the Osceola variance. Everyone wishing to be heard on this matter, please stand and raise your right hand and be sworn by the court reporter. (The court reporter swore in the speakers.) CHAIRPERSON MAC'KIE: I've met with the applicant. COMMISSIONER NORRIS: I have as well. COMMISSIONER CARTER: I have as well. COMMISSIONER BERRY: I have as well. COMMISSIONER CONSTANTINE: I have as well. CHAIRPERSON MAC'KIE: Do we need a staff report on this or are there questions for -- COMMISSIONER CONSTANTINE: Yeah, I'm going to have some questions. I'd like to hear a Readers Digest version of their report. MR. REISCHL: Fred Reischl, Planning Services. This request basically is a corner lot in Golden Gate City, 30-foot front yard required on the two street sides. Due to an error by the builder, which was agreed to by the Building Department upon submission of the building permit; in other words, both sides made the error, the clause in the Land Development Code that said the long street side would get a break for 50 percent of the setback. In other words, 15 feet, was agreed to by both the builder and the Building Department. It went through until the spot survey was submitted, at which time the Building Department caught the error and we're here. COMMISSIONER CONSTANTINE: What's the purpose of the spot survey? MR. REISCHL: To prevent construction from progressing beyond the slab stage. COMMISSIONER CONSTANTINE: And I guess my concern here is we've been pretty consistent if these type things are made as far as enforcing them. Obviously, if the county played a role in making the error, that's a concern. What's bothered me, and I'd like to hear from Bob on this and I missed him on the break, but is -- you proceeded at your own risk, going in the spot survey and spending, and you go ahead with tie beam and all. Frankly, it would be a better idea to wait and make sure the spot survey says everything is A okay. So, as I read through here, part of the rationale was, well, gosh, we've gotten that far along. And there's a financial hardship, as I read here. Financial hardship doesn't count. It has to be a land related hardship under our law and criteria, so I just need some help getting beyond that. And I don't know what -- if the county hadn't participated in that error, I would be more hard nosed than I am, but I still think when they moved ahead without waiting for the results of that, you took on some additional responsibility and I don't know how Page 158 August 3, 1999 we -- if there's a way to fix that without just granting a variance but -- MR. REISCHL: And while Mr. Pearson is coming up, if I can just add that we did have two phone calls and an objection based basically on principal of not granting a variance, and I did have a -- when I was taking the photographs, I spoke to one of the neighbors -- or one of the neighbors come up to me and said he had no objection to it at all. CHAIRPERSON MAC'KIE: Did you register as a public speaker because I need to have that form filled out? MR. PEARSON: I did not. CHAIRPERSON MAC'KIE: If you wouldn't mind, you could do it after the fact. Is that all right? But we need to have it for the court reporter. MR. PEARSON: I did swear in. CHAIRPERSON MAC'KIE: Yes. Could you tell us who you are? MR. PEARSON: I'm Robert Pearson. And I work for All American Homes, which is the builder responsible. CHAIRPERSON MAC'KIE: You want to address Commissioner Constantine's question about proceeding at your own risk, I assume? MR. PEARSON: Certainly any hardship is born mostly by the slab, but we do -- there is an allowance in the process that doesn't stop everyone in slab, and that's correct. And I'm almost in favor of that allowance at this point, because if you happen to be fast, and -- and certainly not in most cases. In most cases you don't get the tie beam in ten days. This one happened -- we would have had the same difficulty, I believe. I mean certainly, had it been at slab stage, the tie beam part of it is the lesser expensive part in terms of the slab, plumbing, et cetera, that's there. But I agree with you on the process, and we certainly slowed down. Of course, the market's helped us, but I've instituted a policy that we'll be waiting for those ten-day periods in our company. Although I should add that -- one thing. I mean, in the process of having had it submitted to us by an engineer or an engineering firm, we did think we were in the right place. There was a mistake in understanding nonconforming lots because of a survey situation, and everyone misunderstood it. Had it been a nonconforming lot, then it would have obviously been allowed to be even a foot and a half closer to the line. CHAIRPERSON MAC'KIE: I agree with you that we have to be careful about these, commissioner. In this case, what tips the scale for me is the fact that the county had some involvement in it. COMMISSIONER CONSTANTINE: What I was going to ask is, and I don't want to get -- I go through the list of analysis here and the questions and, you know, if granted with a minimum, is this the minimum variance, it would make possible reasonable in light of the use. The answer is yes, you know, even though it's submitted and it's not. I mean, you -- you had room to do it there, but again the county participated in that. What I'm wondering, is there something more than simply granting a variance? Is there something we can do, because those two people that objected are neighbors that live in the area. They have a legitimate concern. Page 159 August 3, 1999 Is there something that we can do either to dress this up or make it less offensive than just one house sticking out further than everybody else on that street? MR. PIRES: If I could, for the record, Tony Pires, if I may, commissioners? CHAIRPERSON MAC'KIE: You may. MR. PIRES: Pires and Lombardo representing the petitioner. We understand your concern. One of the neighbors, as I understand it, was a gentleman who came down and initially objected. He was at the Planning Commission, and we spoke with him. And he was just confused as to the driveway location. After we met with him ~- very nice man -- he was comfortable with the project and comfortable with the variance. And, so, we took care of that. The other one was a concern about principal, I think, as Fred Reischl has indicated. I think from the standpoint of additional buffering, possibly additional landscaping along the 44th Terrace would be of assistance. The neighbors to the north and to the east, which have existing homes which abut this lot, have not objected and apparently have no concern. But that's something I think would help possibly address the issue you've raised. COMMISSIONER CONSTANTINE: You and I spoke briefly about this? MR. PIRES: Yes. COMMISSIONER CONSTANTINE: Do you have any specific -- anything specific in mind as far as additional landscaping? MR. PIRES: No. I think the residentials don't have the strict requirements such as other multifamily units. MR. REISCHL: That's correct. MR. PIRES: We haven't discussed this, whether it would be, say, like a three-foot hedge the entire length along 44, throw trees every 30 feet. We haven't discussed that specifically, but I think he would be amenable to that, possibly a hedge along -- COMMISSIONER CONSTANTINE: I'll go along with that, just something, because I -- I'm sure you'll have something along the line just to pretty it up a little bit, they're less likely to do that. MR. PIRES: Yes, sir. CHAIRPERSON MAC'KIE: Assuming the property owner in the back thinks it's an okay idea. MR. PIRES: Yes. CHAIRPERSON MAC'KIE: Okay. MR. PIRES: Thank you. COMMISSIONER BERRY: From the standpoint of maintenance, I would almost prefer that you go with trees. CHAIRPERSON MAC'KIE: Go with the trees. That's what I was thinking, too. COMMISSIONER BERRY: Because the hedge is -- if you don't maintain it and if it doesn't get water and fertilizer and trimming and all that kind of thing, then it ends up being an eye sore, whereas I think the trees certainly enhance that area out there because they were so clear cut when they did the Golden Gate area. I think the trees would certainly be an enhancement in that area. MR. PIRES: We don't have a specific plan for the trees with a vegetative buffering, but we'll work on that with staff, something that maybe they feel would be appropriate, too, for the neighborhood. MR. REISCHL: Do you have anything specific in mind; a tree every 30 feet or along that eastern property line where the encroachment is? Page 160 August 3, 1999 COMMISSIONER CONSTANTINE: My preference would been Carrotwood. (Laughter.) CHAIRPERSON MAC'KIE: Why don't we ask staff to give their professional recommendation? MR. PIRES: All we have to do is plant one of those. I would think that would take care of itself. CHAIRPERSON MAC'KIE: Are there other registered speakers? MR. FERNANDEZ: None. CHAIRPERSON MAC'KIE: And if you would, sir, please do fill out that the form. MR. FERNANDEZ: We've already taken care of that. CHAIRPERSON MAC'KIE: Thank you. Then I'll close the public hearing. Is there a motion? COMMISSIONER BERRY: I move approval. COMMISSIONER CONSTANTINE: Subject to the additional -- COMMISSIONER BERRY: Of the additional landscaping and let's not be chintzy on what we suggest and select. CHAIRPERSON MAC'KIE: Yeah. COMMISSIONER NORRIS: Yeah. Do you want a -- I want assurance from you that what we're going to do will effectively mask the building being out too far. MR. REISCHL: To a certain extent. COMMISSIONER BERRY: Right. MR. REISCHL: The trees that code requires; for example, on commercial buildings are eight to 12 feet in height, so initially -- COMMISSIONER NORRIS: Well, what I'm saying is I want a assurance from you before we vote here that we're going to tidy up the landscaping to the -- and not just on the one side that's encroached but, you know, on the adjacent side to that, you'll -- you're going to need something as well. MR. REISCHL: On the north. COMMISSIONER NORRIS: Well, the -- which side is the -- COMMISSIONER BERRY: What was there, one side that's occupied? COMMISSIONER CONSTANTINE: The two straight sides? CHAIRPERSON MAC'KIE: There you go. The two straight sides. MR. REISCHL: The encroachment is on this side. It's where it's 44th -- CHAIRPERSON MAC'KIE: Okay. MR. PIRES: And possibly with Commissioner Norris' -- CHAIRPERSON MAC'KIE: One at a time. MR. REISCHL: The neighbors to the east. COMMISSIONER NORRIS: I'm saying to the side of the building. COMMISSIONER NORRIS: Don't you have a map of the building itself? COMMISSIONER NORRIS: Well, I'm talking about -- okay. You see where it encroaches, right? MR. REISCHL: Right here. COMMISSIONER NORRIS: Right there. Okay. Along that side, along the -- the adjacent side. CHAIRPERSON MAC'KIE: In the curb or -- COMMISSIONER NORRIS: Yeah. Around the curb. Well, not -- not -- but just -- MR. REISCHL: The front yard. COMMISSIONER NORRIS: I mean, you don't have to go around the whole lot, but this part of the building is sticking out. Page 161 August 3, 1999 MR. REISCHL: I see. To soften. COMMISSIONER BERRY: That's right. COMMISSIONER CARTER: In order to soften the work if you can go around so that it -- COMMISSIONER NORRIS: Around the end. You know, you're going to see it sticking there, so put -- wrap around the protrusion a little bit is what I'm saying, so that it doesn't be -- become obvious from certain angles that it's sticking out too far. COMMISSIONER CONSTANTINE: So, the motion would be subject to staffs' interpretation of our recommendation? MR. PEARSON: Yes. COMMISSIONER CARTER: Right. MR. PIRES: It will have the wrap around effect, yes. COMMISSIONER CARTER: Wrap around effect. COMMISSIONER BERRY: I want you to make it look nice. MR. PIRES: Yes, ma'am. COMMISSIONER BERRY: Okay? MR. PEARSON: We can have our landscape architect. CHAIRPERSON MAC'KIE: You have to disclose it. Okay. Motion and second. Any further discussion on the motion? If not, all in favor, please say aye. Opposed? (No response.) CHAIRPERSON MAC'KIE: Passes unanimously. COMMISSIONER CONSTANTINE: Who made the second? COMMISSIONER NORRIS: CHAIRPERSON MAC'KIE: COMMISSIONER CARTER: motion? COMMISSIONER BERRY: COMMISSIONER CARTER: CHAIRPERSON MAC'KIE: aye. Opposed? (No response.) CHAIRPERSON MAC'KIE: Not me. Okay. We'll all go back and -- who made the I did. I'll second it. Let's vote again. Ail in favor, please say Passes unanimously twice. Page 162 RESOLUTION NO. 99- 335 RELATING TO PETITION NUMBER V-99-10 FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 13.6-foot after-the-fact variance from the required front yard setback of 30 feet to 16.4 feet as shown on the attached plot plan, Exhibit "A", in an RSF-3 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-99-10 filed by Anthony P. Pires, Jr., Esq., of Woodward, Pires & Lombardo, P.A., representing Tina M. Osceola, with respect to the property hereinafter described as: Lot 18, Block 101, Golden Gate Unit 3 as recorded in Plat Book 5, Pages 97 through 105, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 13.6-foot after-the-fact variance from the required front yard setback of 30 feet to 16.4 feet as shown on the attached plot plan, Exhibit "A", of the RSF-3 conditions: Zoning District wherein said property is located, subject to the following This variance is for the encroachment depicted in Exhibit "A". Other encroachments shall require separate variances. -1- Three canopy trees, 12 feet in height, shall be planted and maintained between the house and the 44th Terrace SW right-of- way. Two canopy trees, 12 feet in height, shall be planted and maintained between the house and the intersection of 44t~ Terrace SW and 29u~ Avenue SW. The trees shall be installed prior to the issuance of a Certificate of Occupancy. BE IT RESOLVED that this Resolution relating to Petition Number V-99-10 be recorded in the minutes of this Board. This Resolution adopted at~er motion, second and majority vote. Done this ~/%M.~ day of ~ 5: ~°' :'; '"!r'D~ViGH. T E; BROCK, Clerk %. ':,g;'"':...# '.,': .... ' ""'st~U~ ~1~. Approved ~ to ~o~ ~d gcga] Sufficiency: ,1999. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA Marjo~gll-lVl. Student - Assistant County Attorney g/admin/sue/V-99-10/RESOLUTION 2 ..... Exhibit "A" August 3, 1999 If anybody has any items under communication, I'm going to hit them on the head with this gavel. So, any communication items? If not, we're adjourned. ***** Commissioner Constantine moved, seconded by Commissioner Norris and carried unanimously, that the following items under the Consent and Summary Agenda be approved and/or adopted= ***** Item #16A1 UTILITY EASEMENTS FOR WATER AND SEWER FACILITIES FOR PEBBLEBROOKE LAKES, PHASE I (Commissioner Mac,Kie abstained) Page 163 AU6 0 3 1999 =ORM 8S MEMORAND'UM'"OF'VOTING CONFLICT FO[ DHNT¥, MUNICIPAL, AND OIHER LOCAL PUBLIC OFFICERS ~ac ' Kie, Pamela S. ~G ADDR~ 3301 Tamiami Trail East .gapl es Col 1 ier )~ wHICH ¥(11'E OeJL'UKREO ..August 3, 1999 Collier County Board of Commissioners w.,c,, s~,w,~ ~s ^ u.,,,r De. · '. C1't¥ : ~((.'OUNI'~ ,I I OTHER L(X.'At AGENCY ' .' WHO MUST FILE FORM 8B s form is for use by any person serving at the county, city. or other local lex'el of government on an appointed or cJectecl board. ~ct'[. commission, authority, or committee, it applies equally to membem of advisory and non-advisory bodies who am prcsent, c~d h a voting conflict of interest under Section 112.3143. Florida Statutes. The requiremequ of this law are mand~tory~ ahho. gh use or this particular form is not required I~y law, you are encouraged to use it in making the d|sciosute xexlult~, by law. .u' responsibilities under the law when faced with a measure in which you have a conflict of interest will vary Rn~ady depending whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on tltis form 'ore completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 'H:Z.~43, FLORIDA STATUTES LECTED OFFICERS: - person holding elective county, municipal, or other local public office MUST ABSTAIN f~om voting on a measure which inures his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special in of a principal (other than a governlnent agency) by whom he is retained. either case., you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of )'our interest in the measure'on which you are abstaining from voting; and %VITH IN 15 DAYS AFTER THE YOKE OCCURS by completing.and filing this form with the person resp_o_ nsible for recording. the minutes of the meeting, who should incorporate the form in the minutes. ~PPOINTED OFFICERS: ~ person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on ~, incas,re which aures to his special private gain. Each local officer also is prohibited from khowingly voting on a measme which ira,res t~ the pecial gain of a principal (other than a government agency) by whom he is retained. ;. o ~, person holding an appoin, tive local office otherwise may participate in a matter in which he has a conflict of interest, but must 5sclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether ,~de by the officer or at his direction. .F YOU INTEND TO .%lAKE ANY ATTEMPT TO II~IFLUEN. CE THE DECISION PRIOR TO THE MEETING AT WHICH t-HE VOTE WILL BE TAKEN: · 'zbu should complete and file this form (before making any attempt to influence the decision) with the person responsible for r~cording the minutes of the meeti,g, who will incorporate thc form in the minutes. ,.. AUG 3 sgg IF YOU MAICE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT.T~. E M~: -~'ING: · You should disclose orally the nature of your conflict in the measure before participating. . You should compile the form and file it within' 15 days after the vote occurs with the person respo~tsible for recording the mimm~ of the meeting, who should incorporate thc form in the minutes. DISCLOSURE OF LOCAl. OFFICER'S INTEREST · Pamela S. Mac'Kie . hereby disclose that on , ,, .Apgust a) A measure came or wilt come bet'ore my agency which (check one) 3 . m,,99 X inured to my speciaJ private gain: or inured to the special gain of ; Pam.e],~ .S..M~c'K~-el. P.'A. · by whom The measure before my agency and the stature of my interest in the measure is as follows: AGENDA ITEM 16.A.1. "' APproval of utility easements for water and'~ewer facilities Lakes, Phase 1. for Pebblebrooke =~er consultation with-the County Attorney, I abstained from'voting on t_he ~ove matter pursuant to Section 286.012, Florida Statutes, 'which provides ' ~at "no member of any state, county, or municipal governmental board,.comm=ssLrn agency who is present'~t any meeting of'such body at which'.an.dfficial cision, rQling or other official act is to be taken or adopted ~ey'abstai~ om voting...except when, with respect to any such member, there is, or appears be, a possible conflict of interest under the provisions'of S.~2.311, !12.313, or $.112.3143. In.such cases, said member shall comply with the ~ciosure requirements of S.~12.3143." · August 3.~ 1999 : Filed / ,"ICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985). A FAILURE TO NIAKE ANY' =LOSURE CONSTITUTES (';,ROI August 3, 1999 Item #16A2 ASSIGNMENT AGREEMENT FOR EASEMENT FOR FIDDLER,S CREEK, PHASE I-B, UNIT 3 Page 164 AU$- 3 1999 ~88[GI~IENT ~GREE~ENT THIS ASSIGNMENT AGREEMENT made and entered into this ~ day of ~%~4 , 1998, by and between the FIDDLER'S ~EEK COMMUNITY-~EV~LOPMENT DISTRICT, a political subdivision of the State of Florida, (hereinafter referred to as "Assignor"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY AS THE GOVERNING BODY OF COLLIER COUNTY AND EX-OFFICIO BOARD THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, (hereinafter referred to as "Assignee"). WHEREAS, Assignor is the Grantee under that certain Assignment of Reservations and/or that certain Utility Easement ("Utility Easement") from Gulf Bay 100, Ltd., a Florida limited partnership and Parcel Z, Inc., a Florida corporation, d/b/a 951 Land Holdings Joint Venture ("951 Land Holdings") to Assignor concerning certain water utility facilities located within the real property referenced in said Utility Easement, a copy of said Utility Easement being attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, certain water utility facilities located within the aforedescribed Utility Easement have been conveyed to Assignor from 951 Land Holdings by Bill of Sale and Warranty Deed, which water utility facilities are simultaneously herewith being conveyed to Assignee from Assignor; and WHEREAS, it is necessary that Assignee obtain the rights of Assignor as the Grantee in said Utility Easement as to said water utility facilities. NOW THEREFORE WITNESSETH that for and in consideration of the premises and in consideration of the sum of Ten and 00/100 Dollars ($10.00), receipt of which is acknowledged by Assignor from Assignee, and other good and valuable consideration, the parties hereto agree as follows: 1) Assignor hereby conveys, grants, transfers, demises, releases and assigns unto Assignee, its successors and assigns, all of the rights of Assignor as Grantee under the Utility Easement referenced hereto and made a part hereof as Exhibit "A" as to the aforesaid water utility facilities. Assignee aforesaid hereby accepts said assignment. 2) Governinq Law. This Assignment shall be construed and enforced in accordance with and governed by the laws of the State of Florida. Fiddler s\ Utility \Unit3. I B~Assign. Ml2 Phase lB, Unit 3 AU6- 3 1999 3) Modification; Additional Assurances. No change, amendment, modification or cancellation of any part of this Assignment Agreement shall be valid unless in writing and signed by Assignor and Assignee. 4) Bindinq Effect. The terms, covenants and conditions contained herein shall inure to the benefit and be binding upon Assignee and Assignor and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first written. ASSIGNOR: Attest: y Secretary STATE OF FLORIDA COUNTY OF COLLIER FIDDLER' S DEVELO~DI STRICT CREEK COMMUNITY The foregoing Assignment Agreement was sworn to and subscribed before me by Larry Mullins , as Chairman of the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, on behalf of the Fiddler's Creek Community Development District who is personally known to me. WITNESS my hand and official seal thin'day of { _., 1998. Print Name~F~d~ [-~%0~.11~-3 My Commission ~xpir~: - Fiddlers\ Utility \Unit3.1 B La, ssign. M 12 Phase lB, Unit :3 2 AUG- 3 1999 ASSIGNEE: ATTEST: · DWIGHT E. BROCK, Clerk signature ~l.y. Approved as to from and legal sufficiency BOARD OF COUNTY COMMISsIQNERs OF COLLIER COUNTY, THE GOVERNING BODY" OF coLLTER..' COUNTY AND AS EX.~'OFFICIO THE GOVERNING BOARD.~'OF THE COLLIER , . ii. ?~~b.air/~oman ,~:" ' ' STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Pamela S. Mac'Kie, well known to me to be the Chairman of the Board of County Commissioners, Collier County, Florida, As The Governing Body of Collier County and as Ex-Officio the Governing Board of The Collier County Water- Sewer District, being authorized so to do, executed the foregoing Assignment Agreement for the purpose therein contained under authority duly invested by the Board of County Commissioners, and that the seal affixed thereto is the true seal of said Board. ic~al seal in the County and State last WITNESS my han~ and off aforesaid this ~ day of .~/{~3~/- , 19~~~~ (Notarial Seal) Notary Pu~lic - Print Name: My Commission Expires: This instrument prepared by: Anthony P. Pires, Jr. Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 710 Naples, Florida 34108 (941) 566-3131 Fiddlers\Utility\Unit3.1BkAssign .M 12 Phase I B, Unit 3 AU6- 3 1999 STATE OF FLORIDA COUNTY OF COLLIER The foregoing was acknowledged before me by James P. Ward, Secretary of the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, on behalf of the Fiddler's Creek Community Development District, who is personally known to me ~r k~ pr~d~ed as identification and he did take an oath. seal this~ day of WITNESS my hand and official AU6- 3 1999 This instrument prepared by: Mark J. Woodward Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 710 Naples, Florida 34108 UTILITY EASEMENT THIS EASEMENT, granted this ~day of May, 1998, by Gulf Bay 100, LTD., a Florida Limited Partnership, and PARCEL Z, INC., a Florida corporation, d/b/a 951 LAND HOLDINGS JOINT VENTURE, its successors and assigns, as Grantor, in favor of the FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT, its successors and assigns, as Grantee. WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain water utility facilities, in, on, over and under the following described lands being located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. TO HAVE AND TO HOLD the same unto the Grantee and its assigns, together with the right to enter upon said land, excavate, and take materials for the purpose of constructing, operating, and maintaining water utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, GRANTOR has caused these presents to be executed the date and year first above written. Signed, sealed and delivered in the presence of: 951 LAND HOLDINGS JOINT VENTURE By: Gulf Bay 100, LTD., a Florida Limited Partnership Pr~ Name: ~)/~f _/~'. STATE OF FLORIDA COUNTY OF COLLIER By: Gulf Bay 100, Inc., a Flo~da corporation, as/general Partner and ~ha ~?~ if and ~ot i~ividually ( CORPORATE SEAL) The foregoing Utility Easement was acknowledged before me by Aubrey J. Ferrao, President of Gulf Bay 100, Inc., a Florida corporation, on behalf of Gulf Bay 100, Inc. and as General Partner on behalf of Gulf Bay 100, L'td., a Florida limited partnership. He is personally known to me and did not take an oath. WITNESS my hand and official ~.~ ~f' No~ Public, Sta~e ot-r~omm ~] 1( ,,~ ~B~'..~ ~nmmlssion No. CC 641358 Fiddters~Utitity~Unit3.1e~Utitity2.Eas Page 1 of 2 sea~~da.~f~8 . Notarz pu l cL . Print N .me: My Commission Expire§: Exhibit ' " AU6- 3 1999 Print N~ Print Name: By: By:__ Parcel Z, Inc., a Florida corporation Tadashi Lshi, President ( CORPORATE SEAL) STATE OF NEW YORK COUNTY OF NEW YORK The foregoing Utility Easement was acknowledged before me by TADASHI KOBAYASHI, President of Parcel Z, Inc., on behalf of the corporation. He is personally known to me and did not take an oath. WITNESS my hand and official seal this /~'day of May, 1998. ( SEAL ) /~~'~ ission Expires: This instrument prepared by: Mark J. Woodward Woodward, Pires & Lombardo, P.A. 801 Laurel Oak Drive, Suite 710 Naples, Florida 34108 JAME13 J. MoCARTHY NOTARY PUBUO, Stale of New York No. 01MC5071195 Ou;dified in New York Counly Term Expires January 6. 1999 FiddLers\Utitity\Untt3.1B\Utltity2.Eas Page 2 of 2 AU(}- 3 1999 EXHIRIT "A" Tract R aUd all C.U.E.'s as recorded on the plat of Fiddlc-r'S .Creek, Phase lB, Unit Three, Plat Book 29, Pages 77 - 85, of the Public Records of Collier County, Florida. \~-Irna_naples\WP\1993\1993132\13063\wtc~exalbu380205.doc AU6- 3 1999 ASSIGNMENT OF RESERVATIONS between Gulf Bay 100, Ltd., a Florida Limited Partnership (by its General Partner Gulf Bay 100, Inc., a Florida corporation), and Parcel Z, inc., a Florida corporation, jointly d/b/a 951 Land Holdings Joint Venture, a Florida general partnership (hereinafter referred to as "Developer" and "Owner"), and Fiddler's Creek Community Development "DISTRICT"). District (hereinafter referred to as WITNESSETH WHEREAS, Developer and Owners, in consideration of ONE ($1.00) DOLLAR and other good and valuable consideration to them paid by District, the receipt and sufficiency of which is hereby acknowledged, do hereby grant, convey, assign, transfer, and set over unto the District, its legal representatives, successors, and assigns, for the purpose of providing certain public facilities including, but not limited to, water, all rights and privileges that Developer and Owners have or may have under the laws of the State of Florida, or otherwise, and all right, title and interest of Developer and Owners in, to, and under each of those certain reservations dealing with said water utility facilities and those certain water utility easements identified and set forth on those certain Plats specified in Exhibit "A" attached hereto and made a part hereof, all located in Collier County, State of Florida (The Reservations). F idd[ers\Ut t [ i W\Unit:~. 1B~Asstgn. Res Page 1 of 5 AUG- 3 1999 TO HAVE AND TO HOLD said reservations unto the District, its legal representatives, its successors and assigns to and for its own or their uses forever with the right of substitution and subrogation of the District in and to all covenants and warranties heretofore given or made in respect to said Reservations or a part thereof to the extent said covenants and warranties are assignable or can be enforced, at the District's expense, for the District's benefit. Developer and Owners do for themselves and their legal representatives, successors and assigns, covenant to and with the District, its-legal representatives, successors and assigns that they are the lawful owners of the Reservations; that the Reservations are free from all encumbrances except as specified herein; and that they have good right to assign the Reservations, and that they will warrant and defend the Assignment of Reservations unto the District, its legal representatives, successors and assigns against the lawful claims and demands of all persons whatsoever. IN WITNESS WHEREOF, Developer and Owners, have caused this Instrument to be executed by its duly authorized agents, and its Corporate Seals affixed hereto. F idd[ ers\Ut i L i ty\Uni t~. 1B\Assi gn. Res Page 2 of 5 AUG- 3 1999 Signed, sealed and delivered in our presence: 951 LAND HOLDINGS JOINT VENTURE, a Florida General partnership By: GB 100, LTD., a Florida Limited Partnership By: By: GB 100, INC., a Florida corporation, as ~eneral Partner a~on behalf gf itself Aubre~ J' F~rrao, President and ~ot in~vidually STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared Aubrey J. Ferrao, as President of Gulf Bay 100, Inc., a Florida corporation, on behalf of Gulf Bay 100, Inc. and as General Partner of Gulf Bay 100, Ltd., a Florida Limited Partnership, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my han~and official seal in the County and State last aforesaid this ~O~' day of May, 1998./ '/% ~ / N~TARY ~UBLIC . Printed Name Commission No. C~ ~'~/~ My Commission Expires: Ftddters\Utt L t ty\Unt t3.1B~Asst gn. Res Page 3 of 5 AU6- 3 1999 Wit~ ~ Wi~'~eSs/~. ~;4~/ ' PARCEL Z, INC. Tadash'i Koba~shi, President STATE OF NEW YORK COUNTY OF NEW YORK I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared Tadashi Kobayashi, as President of Parcel Z, Inc., a Florida corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS.my han~.and official seal in the County and State last 19~8e~ aforesaid this ~day of May, . NOTARY (SEAL) Print Commission No. My Commission Expires: 4N~IE9 4. McCARTHY '"' NOTARY PUBLIC, State of New ¥~ No. 01MC5071195 Qualified in Ne~ Yo~k C~i'ff F i dd [ ers\Ut i ~ ! ty\Uni t~. lB\Ass { gn. Res Page 4 of 5 AUG- 3 1999 ATTEST: FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT By: STATE OF FLORIDA COUNTY OF COLLIER I HEREBY CERTIFY that on this day before me, an officer duly ~lified to take acknowledgments, p~rsonal~y appe~ed~Q~,~d .'.'._'0%%~ , and ,-'"~l'*'~ and ~P~¢~r_~- . - of th~ Fiddler's Creek Community Development Di%trict, a unit of special purpose government organized and existing under the laws of the State of Florida, to me known to be the persons described in and who executed the foregoing instrument and acknowledged before me that they executed the same. WITNESS my~h~ and official seal in the County and State last aforesaid this~_~ day of ?~~ , 199~.* Commission ~o, ~¥ Commission E×pires~ F i ddt ers\Ut i L J ty\Un J t~. 1 B\Ass I gn. Res Page 5 of 5 AU6- 3 1999 EXHIBIT "A' Tract R and all C.U.E.'s as recorded on the plat of Fiddler's Creek, Phase lB, Unit Three, Plat Book 29, Pages 77 - 85, of the Public Records of Collier County, Florida. \~hm_n~ples\Wl~1993\1993132\13063\wtc~ex~l bu380205 .doc August 3, 1999 Item #16A3 RESOLUTION 99-299 AND AGREEMENT, AUTHORIZING 50% WAIVER 50% DEFERRAL OF CORRECTIONAL FACILITIES IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND WATER AND/OR SEWER IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY ELVIN URBINA AND MARIA PINEDA AT 5248 GEORGIA AVENUE, NAPLES MANOR ANNEX Page 165 RESOLUTION NO. 99- 299 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING 50% WAIVER 50% DEFERRAL OF CORRECTIONAL FACILITIES IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES, EDUCATIONAL FACILITIES SYSTEM IMPACT FEES AND WATER AND/OR SEWER IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY ELVIN URBINA AND MARIA PINEDA AT 5248 GEORGIA AVENUE, NAPLES MANOR ANNEX IN COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Elvin Urbina and Maria Pineda are seeking a 50% waiver/50% deferral of impact fees; and WHEREAS, Elvin Urbina and Mafia Pineda will construct a three bedroom unit (the "Dwelling Unit") at 5248 Georgia Avenue, Naples Manor Annex in Collier County, Florida which will propose to sell for Eighty Nine Thousand One Hundred Eighty Dollars ($89,180.00); and WHEREAS, the Dwelling Unit will be owned by a low income household, and WHEREAS, Elvin Urbina and Mafia Pineda submitted to the office of the Housing and Urban Improvement Department an Affordable Housing Application dated March 22, 1999 for a 50% waiver/50% deferral of impact fees for the construction of a house 5248 Georgia Avenue, Naples Manor Annex in Collier County, Florida, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee Ordinance, Ordinance No. 99-52; Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee Ordinance, Ordinance No. 98-69, Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, AU6- 3 1999 Ordinance No. 91-71, as amended; Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a 50% waiver/50% deferral of impact fees by qualifying for a waiver/deferral; and WHEREAS, Elvin Urbina and Maria Pineda have qualified for an impact fee waiver/deferral based upon the following representations made by Elvin Urbina and Maria Pineda: A. The Dwelling Unit shall be owned by a first-time home buyer. B. The Dwelling Unit shall be owned by a household with a low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. The Board of County'Commissioners hereby authorizes the County Administrator to issue an Authorization for 50 % waiver/50% deferral of impact fees to Elvin Urbina and Mafia Pineda for one (1) house which shall be constructed 5248 Georgia Avenue, Naples Manor Annex in Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for 50% waiver/50% deferral of impact fees signed by Elvin Urbina and Mafia Pineda, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built at 5248 Georgia Avenue, Naples Manor Annex in Collier County, Florida by Elvin Urbina and Maria Pineda: A. Library Impact Fee B. Road Impact Fee C. Parks Impact Fees: D. EMS Impact Fee E. Educational Facilities System Impact Fee F. Sewer Impact Fee G. Water Impact Fee H. Correctional Facilities Impact Fee Total Impact Fees $ 180.52 1,379.00 820.84 14.00 1,778.00 1,575.00 1,275.00 117.98 $ 7,140.34 AU6- ~ 1999 3. The payment of impact fees by Collier County is subject to the execution and recordation of an Affordable Housing Agreement for payment of Collier County Impact Fees between the property owner and/or purchaser and the County. This Resolution adopted atter motion, second and majority vote favoring same. ~TTEST:·: :... ',~'G. :VmaHT E: ]~0~, Clerk legal,stifficienc7: . Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIONERS By PA~~~ ~ ~O~~N jd/c/reso/urina EXHIBIT "A" LEGAL DESCRIPTION ELVIN URBINA AND MARIA PINEDA RESIDENCE LOT 1, BLOCK 3, NAPLES MANOR ANNEX, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 3, PAGES 67 AND 68 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 2515254 OR: 2578 ?G: 2 ,75 CLBItK TO ?HB BOARD' ~CORDBD in ~he OPPICI~ ~CO~S of COLLIH COUNTY, PL COP~H 8.00 HXT 7240 S0%W WS0% OF 100% COLLIER COUN~ ~PACT ~s A~eement for ~e W~ver of ~pact Fees entered into ~s~~ay of ~ , 1~ by ~d be~ ~e Bo~d of Co~ Co~issione~ of Collier Co~, Florida, h~reina~er refe~ed to ~ "CO~TY" ~d Blvin Urbina ~d ~a Pined~ hereinafter refe=ed to ~ "O~R." WITNBSSBTH: ~~AS, Collier Co~ Or~n~c~ No. ~-52, the Co~ectional Facilities ~pact Fee; Collier Co~ Ordinate No. $$-~7, ~ ~ended, ~e Collier Co~ Libr~ System ~pact Fee Ordinate; Collier Co~ Ordinate No. ~-39, ~e Colder Co~ P~ks ~d Recreational Facilities ~pact Fee Ordinate; Collier Co~ Ordinate No. 91-71, ~ ~ended, the Collier Co~ Emergency Medical Semites System ~pact Fee Ordinate; Collier Co~ Ord~ce No. 92-22, ~ mended, the Collier Co~ Road Impact Fee Ordin~ce; Collier Co~ Ord~ce No. 92-33, ~ ~ended, the Collier Co~W Educational Facilities System ~p~t Fee Ord~ce; ~d Collier Co~ty Ordin~ce No. 98-69, ~e Regional Water ~or Sewer Systems ~pact Ordinate, as they may be ~her mended ~om time to time here~afler collectively relied to ~ "Impact Fee Ordinate", provide for waivers of ~pact fees for new omer-occupied dwelling ~ts quali~ing ~ affordable housing; ~d ~E~AS, O~R h~ applied for a 50% w~v~/50% defe~al of impact fees required by ~e ~pact Fee Ordinate, a copy of s~d application is on file in the office of Housing ~d Urb~ Improvement Dep~ent; ~d ~E~AS, the Co~W A~i~s~ator or his desi~ee h~ ~viewed the O~R's ~plication ~d h~ found that it complies wi~ the requiremems for ~ affordable housing 50% w~ver/50% defe~al of impact fees ~ establish~ in ~e Impact Fee Or~n~ce; ~d ~~AS, the impact fee w~ver/def~ shall be presented in lieu of pa~ent of the requisite impact fees subject to satisfaction of all cdteda in the ~pact Fee Ordinate quali~ng the project as eligible for ~ impact fee w~ver/defe~al ~d OR: 2578 PG: 2476 embodied in Resolution No. 99-~ WHEREAS, the Impact Fee Agreement with the COUNTY. , . at its regular meeting o _f/~l~;~,a~, , 1999; and Ordinance requires that the OWNER enter into NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are tree and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan is attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. Owner maintains a household with a low income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. Owner is a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; AIl0 0 3 1999 WHEREAS, the COUNTY approved a waiver/deferral of impact fees for OWNER OR: 2578 PG: 2477 d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years fi.om the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7,140.34 pursuant to the Impact Fee Ordinance. In return for the 50%waiver/50% deferral of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver q.ualifieation criteria detailed in the Impact Fee Ordinance. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver/deferral to a subsequent purchaser or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY, except for waived impact fees if the dwelling unit has been used for affordable housing for a continuous period of fifteen years after the date the certificate of occupancy is issued. LIEN. The waived/deferred impact fees shall be a lien upon the property which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. - RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, and upon payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a OR: 2578 PG: release of lien. 9. BINDING EFFECT. This Agreement shall be binding-upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived/deferred until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall mn with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees within 30 days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of thirty (30) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived/deferred shall be paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that the impact fees waived/deferred shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until repaid. 2478 4 OR: 2578 PG: 2479 AUG 0 3 1999 Such lien shall be superior and paramount to the interest in the D, welling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board may bring civil action to enforce this Agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other fight or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees, incurred by the Board in enforcing this Agreement, plus interest at the statutory rote for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver/Deferral of Impact Fees on the date and year first above written. Witnesses: OWNER: Elvin Urbina STATE OF ) ) The foregoing /3~z5;~~t~/. ¢-.._.0/~,'~ - 7/- [NOTARIAL SEAL] instrument was acknowledged before .me this ~cr day of , 1999, by Elvin Urbina. He is personally known to me or produced (type of identification) as identification. Wimesses: Print Name d.,~~ , ~r* "-- /% ,'Z/'.~ OWNER: Maria Pineda 2578 PG: 2480 STATE OF ~~7.~ ) COUNTY OF' _~.~'.~/ ) The foregoing insmnnent was acknowledged before me this ~ day of ~~ , 1999, by Maria Pineda. She is personally known to me or produced ~~~D ~'"'54~'-~ - (type of identification) as identification. '., .)[NOTARIAL SEAL] $i~aatare oel$. :;ATTEST: ature of Person Taking~A_c_kn_o~dmnent I '¢ OF'fY" · Co j BOARD OF COUNTY COMISSIONERS COLL~;~4 e.~ff~^ 's. M~C'mE, C~Aa~WOMA~ / Approved as to form and legal sufficiency ei~di F:_ Astht~n/~] Assistant County Attorney jd/c/agreements/urbina ~R: 2578 PG: 2481 EX]tIBIT 'A' LEGAL DISCRIPTION LOT 1, BLOCK 3, NAPLES MANOR ANNEX, ACCORDING TO THE PLAT THEREOF, OF RECORD IN PLAT BOOK 3, PAGES 67 AND 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. 7 Il 5'c~6 : - ZO ' August 3, 1999 Item #16A4 RESOLUTION 99-300 AND AGREEMENT, AUTHORIZING DEFERRAL OF 75% OF IMPACT FEES FOR ONE HOUSE TO BE BUILT BY ZENORINO LABRA AND MARIA N. LABRA AT 5342 CARLTON STREET IN NAPLES MANOR ADDITION Page 166 RESOLUTION NO. 99- 300 AUG - 3 ]~]99 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING DEFERRAL OF 75% OF CORRECTONAL FACILITIES IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES SYSTEM IMPACT FEES, REGIONAL WATER AND/OR SEWER IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY ZENORINO LABRA AND MARIA N. LABRA AT 5342 CARLTON STREET IN NAPLES MANOR ADDITION, COLLIER COUNTY, FLORIDA. W~REAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in thc Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for deferral of Collier County impact fees; and WHEREAS, Zenorino Labra and Maria N. Labra are seeking a 75% deferral of impact fees; and WHEREAS, Zenorino Labra and Maria N. Labra will construct a three (4) bedroom unit (the "Dwelling Unit") at 5342 Carlton Street in Collier County, Florida which is proposed to sell for Ninety Thousand Six Hundred Thirty Five Dollars ($90,635.00); and WHEREAS, the Dwelling Unit will be owned by a moderate income household, and WHEREAS, Zenorino Labra and Maria N. Labra submitted to the office of the Housing and Urban Improvement Department an Affordable Housing Application dated May 1, 1999 for deferral of impact fees for the construction of a house at 5342 Carlton Street in Collier County, Florida, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee Ordinance, Ordinance No. 99-52; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee Ordinance, Ordinance 98-69; and Section 3.05 of the Educational Facilities System Impact Fee -1- AUG- 3 1999 Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a deferral of impact fees by qualifying for a deferral; and WHEREAS, Zenorino Labra and Maria N. Labra have qualified for a 75% impact fee deferral based upon the following representations made by Zenorino Labra and Maria N. Labra: A. The Dwelling Unit shall be owned by a first-time home buyer. B. The Dwelling Unit shall be owned by a household with a moderate income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. The Dwelling Unit shall be the Homestead of the owner. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the D. certificate of occupancy is issued. NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: 1. BOARD OF COUNTY The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for deferral of impact fees to Zenorino Labra and Maria N. Labra for one (1) house which shall be constructed at 5342 Carlton Street in Collier County,' Florida. Upon receipt by the Housing and Urban Improvement Director of an agreement for deferral signed by Zenorino Labra and Maria N. Labra, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County. of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built at 5342 Carlton Street in Collier County, Florida by Zenorino Labra and Maria N. Labra: Total Impact Fee A. Library Impact Fee $ 180.52 135.39 B. Road Impact Fee 1,379.00 1,034.25 C. Parks Impact Fee 820.84 615.64 D. EMS Impact Fee 14.00 10.50 E. Educational Facilities System 1,778.00 1,333.50 F. Water System Impact Fees 1,275.00 956.25 13. Sewer System Impact Fees 1,575.00 1,181.25 H. Correctional Facilities Impact Fees 117.98 .... 88.49 Total Impact Fees 75% Deferred $7,140.34 $5,355.27 -2- 3. The deferral of impact fees by Collier County is subject to the execution and recordation of an Agreement for deferral of Collier County Impact Fees between the property Owner and the County. This Resolution adopted after motion, second and majority vote favoring same. ,~DWIGHT E: ~,RI~ ~t~,~, Clerk Approved as to form and legal sufficiency: H~i-di ~:'X~hto~ Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER fiOUNTY, FLORIDA /~ P~VIELA S. MAC'KIE, CHAIRWOMAN jd/f/reso/labra -3- AU6- 3 1999 EXHIBIT "A" LEGAL DESCRIPTION LOTS 10 AND 11, BLOCK 9, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGE 66 AND 67, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. -4- LOT" ~u~,~ '7_ E. t~o ¢.t840 2515255 OR: 2578 PG: 2483 COPIES 8.00 CLERK TO THE BOARD RECORDED in the OFFICIAL HCORDS of COLLIBR COUNTY, FL _ INTBROFF[CB 47H FLOOR 08/05/1999 at II:31AH DWIGHT B. BROCK, CLBRK A[J~ 0 3 1999 AGI~EMENTFOR 7S% DE~~OF COLLIE~CO~N~I~PACT~ES TMs Agreement for the Deferral of Impact Fees entered into this ~/~ day of~,~,- , 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" referred to as "OWNER". and Zenorino Labra and Maria N. Labra, hereinafter WITNESSETH: WHEREAS, Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance, Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance, Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 99-52, Correctional Facilities Impact Fees; and Collier County Ordinance No. 92-33, as amended, the Collier County BduCational Facilities System Impact Fee Ordinance, as they may be further amended from time to time, hereinafter collectively referred to as "Impact Fee Ordinance", provide for deferral of impact fees for new owner-occupied dwelling units qualifying as affordable housing, and WHEREAS, OWNER has applied for a 75% deferral of impact fees as required by the Impact Fee Ordinance, a copy of said application is on file in the office of Housing and Urban Improvement Department, and WHEREAS, the County Administrator or his designee has reviewed the OWNER'S application and has found that it complies with the requirements for an affordable housing 75% deferral of impact fees as established in the Impact Fee Ordinance, and OR: 2578 PG: WHEREAS, thc impact fcc deferral shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee deferral, and WHEREAS, the COUNTY approved a deferral of impact fees for OWNER embodied in Resolution No. 99- ~,t:Y.) at its regular meeting of ~ ,,~ ,1999, and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are tree and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit")and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and wan'ants the following: a. OWNER maintains a household with a moderate income as defined in the appendices to the Impact Fee Ordinance and the monthly payments to purchase the Dwelling Unit must be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; 2 0 b. OWNER is a first time home buyer; Co The Dwelling Unit shall be the homestead of the OWNER; OR: 2578 PG: 2485 ~U~ f~ ~ lOCt9 The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit, and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7,140.34; $5,355.27 is eligible for deferral pursuant to the Impact Fee Ordinance. In return for the 75% deferral of the impact fees owed by OWNER, OWNER covenants and agrees to comply with 'the affordable housing impact fee deferral qualification criteria detailed in the Impact Fee Ordinance. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee deferral to a subsequent purchaser or renter, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued, and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. LIEN. The deferred impact fees shall be a lien upon the property which lien may be in the event of non-compliance with the requirements of this foreclosed upon Agreement. RELEASE OF LIEN. Upon payment of the deferred impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. 3 OR' 2578 In the ease of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred until said impact fees, are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall nm with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida within sixty (60) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement: (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees deferred shall be paid in full by OWNER within 30 days of said non-compliance. OWNER agrees that the impact fees deferred shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing until paid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement, and the default is not cured within thirty (30) days after written notice to OWNER, the Board 2486 4 OR: 2578 PG: addition, the lien may be may bring civil action to enforce this Agreement. In foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other 2487 fight or remedy available to the COUNTY. The Board shall be entitled to recover all attorney's fees incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have Impact Fees on the date and year first above written. executed this Agreement for deferral of Witnesses: Print Name d, ffrint Name Print Name OWNER: A (.~ Zenofino Lab~ 'x ~ Maria N. Labra STATE OF cot .rv The foregoing instrument was acknowledged before me this 1999, by Zenorino Labra who is personally known to me, (Ol iJi-odi~ccd NOTARY SEAL . . day of ~ 2578 PG: 2488' AU$ 0 3 tqc[q STATE OF ~ '~~.._ COUNTY o~ ~_~,.> The foregoing instrument was acknowledged before me this ~ day of ,~',,,~,.~. 1999, by Maria N. Labra who is personally known to me, ~r praduc,d -- · NOTARY SEAL ' ?D~GHT E2 BR~ Clerk ~pprove~6 fora ~ legal sufficiency BOARD OF COUNTY COMMISSIONERS e~rEL^ S. mC'~E, CHA~W6MA~ / Ashfon Assistant County Attorney jd/f/agree/75%labra 6 ": OR,' 2578 PG: 2489 EXHIBIT "A" LEGAL DESCRIPTION LOTS 10 AND 11, BLOCK 9, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 3, PAGES 66 AND 67, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ? *** ~OR: 2578 PG: 2490 AU6 0 3 1999 C August 3, 1999 Item #16A5 RESOLUTION 99-301 THROUGH 99-303 AND AGREEMENTS, AUTHORIZING 100% WAIVER OF IMPACT FEES FOR THREE VERY LOW INCOME SINGLE FAMILY HOUSES TO BE BUILT IN NAPLES MANOR ON LOTS 5, 7 & 10, BLOCK 12, BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Page 167 RESOLUTION NO. 99- 301 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER ~.UO - 3 1999 COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL FACILITIES IMPACT FEES, REGIONAL WATER AND/OR SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 5, BLOCK 12, NAPLES MANOR EXTENSION, COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding fi.om the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot 5, Block 12 Naples Manor Extension which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of"Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated May 5, 1999 for a waiver of impact fees for the construction of a house on Lot 5, Block 12 Naples Manor Extension, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee Ordinance, Ordinance No. 99-52; Section 3.04 of the Regional Water and/or Sewer System Impact Fee Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and - 1 - AUG- 3 1999 WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and thc monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee OrdinanceS. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Manager to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Lot 5, Block 12 Naples Manor Extension, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attomey, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 5, Block 12 Naples Manor Extension by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks Impact Fee: 820.84 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Water Impact Fee 1,275.00 G. Sewer Impact Fee 1,575.00 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES $7,140.34 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. - 2 - AU6- 3 '1999 This Resolution adopted after motion, second and majority vote favoring same. Attest as to Chafi. lu,s Appr, oved as 1o fo~ and legal sufficiency: ~e~i F~As~to~ Assis~nt Coun~ ARomey BOARD OF COUNTY COMMISSIONERS jcl/c/Naples Manor Extension/reso - 3 - AU6- :3 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 5, BLOCK 12, NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - zt - " .4¥ '1 I AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this$~y of ~,~, 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to ~~= ~,~-' ~ as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as WITNESSETH: WHEREAS, Collier County Ordinance No. 98-69, the Collier County Correctional Facilities Impact Fee Ordinance, Collier County Ordinance No. 99-52; Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the .Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "impact Fee Ordinance", _ provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has rev~iewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and folloWing: WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99- ~,~Ot/ at its regular meeting of~, 1999; and 0 3 WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the eo The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead of owne~ The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7,140.34 pursuant to the Impact Fee - 2 - Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that~purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance oft he certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall mn with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - l 1. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable., hOusing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen 05) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. OWNERS: HABITAT FOR HUMANITY OF com ¢ousv¥, IN C./q 'Chill'les ~2.~ ~[fiJi[e mrefil]dent - 4 - STATE OF Florida ) COUNTY OF OR' 2578 PG: The foregoing instrument was acknowledged before me this by Charles C. Smith, known to me. [NOTARIAL SEAL] ~UG ~ 9 2495 d~y of-~~4'-z' ", 1999 Vice President of Habitat for Humanity of Collier County, Inc. He is personally S~ture of Person Taking Acknowle4gment Name of Acknowledger Typed, Printed o~ttamped D~GHT EiBRO~ Clerk ApprOved ~ to fora ~d legal suffici~cy H&idi Assist~t Co~ A~omey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~£A g. M~C'~.,;~WOM~ jd/c/naples manor addn/agree/bkl31otl4 - 5 - OR: 2578 PG: 2496 AU~ 0 3 '1999 - EXHIBIT "A' LEGAL DESCRIPTION LOT 5, BLOCK 12, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - ·. AU$ ~ 3 t99~ *** OR: 2518 PG:1437 *: N X TN NS {IN ' *** OR: 2578 PG: 2497 ACKNOWLEDGMENT ~.~.,,,., o,- ,.,.o,,o,, ! IBICN~:),w,i~ioL. y Ampr_hl~lC'D '1~. B.~-Ir.l.t.4$ AND fl.r~.GO00-- I ~'~:~.~ ~-,,,,,~. oc~,r..~.o,,.c-~, ,,,,c, ,,. co-~o,-.~,o,,, ,.,,,,oc,,, ! ~.~,EC; mc m '~ON~ wl-eo CXr. C. UTCI:) .Ti-lC I'ONCC~O~ OCD~C~,o I p.~_..~'(.~ ~^~c -,o. oc ',-,-,:,,, ,-,,cc ^c',- ...,,,0 ,,.-co ^. ~^,o ! ~ 1~ or'rlcc~$ ro~,' T~c l.)scl) -'~ND mUmmOSr.,~ 'r~CmC- i ~'0 ~ · ,~ .. ~ , ~ ~ r'.~_01~, IrlV[ IJ /; / ,4' / / RESOLUTION NO. 99- 30~ AU(}- 3 1999 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL FACILITIES IMPACT FEES, REGIONAL WATER AND/OR SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 7, BLOCK 12, NAPLES MANOR EXTENSION, COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot 7, Block 12 Naples Manor Extension which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of"Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated May 5, 1999 for a waiver of impact fees for the construction of a house on Lot 7, Block 12 Naples Manor Extension, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee Ordinance, Ordinance No. 99-52; Section 3.04 of the Regional Water and/or Sewer System Impact Fee Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and - 1 - WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in thc Appendices to thc respective Impact Fee Ordinances and thc monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from thc date thc certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Manager to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Lot 7, Block 12 Naples Manor Extension, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes thc payment by Collier County of the following impact fees from thc Affordable Housing Trust Fund, Fund (19l), in the following amounts for the one (1) house to bc built on Lot 7, Block 12 Naples Manor Extension by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks Impact Fee: 820.84 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Water Impact Fee 1,275.00 G. Sewer Impact Fee 1,575.00 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES $7,140.34 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. - 2 - AU6- 3 1999 This Resolution adopted after motion, second and majority vote favoring same. DATED: ~'~:~-"',~ D~OHT E~:B~OCK~Jerk ApproVed as to fo~ and legal sufficiency: ~cT~J ~ ~s~ton BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA /~. By: P jd/c/Naples Manor Extension/reso - 3 - AUG- 3 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 7, BLOCK 12, NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 4 - E XT . NS {}N TION FTcs'rco e~' IT'~ ACKNC)WLI~C)OME:NT · ~T~TG. or rLONID~ AOG- 3 ~999 ', · Irt v lC · 'M C.r. ON. '! I AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for thc Waiver of Impact Fees entered into this~ay of~. 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER ~ ~ WITNESSETH: WHEREAS, Collier County Ordinance No. 99-52, the Collier County Correctional Facilities Impact Fee Ordinance; Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit lifyi qua ng as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-_~_q~ at its regular meeting of ~ ~2 , 1999; and - 1 - WHEREAS, the Impact Agreement with the COUNTY. Fee Ordinance requires that the OWNER enter into an NOW, THEREFORE, in consideration of the foregoing recitals, the 15~trties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are tree and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: ao bo eo The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead of owner; The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is i~sued for the Dwelling Unit; and OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7,140.34 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed Ordinance. ~kUO 0 3 lggg the Impact Fee 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall mn with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the - 3 - impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordiqance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or othemrise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other fight or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: P~fint Name STATE OF COUNTY OF Collier ) HABITA~ FOR HUMANITY OF COLLIF.~/COUNTY; ~C. ~ [~les-C~~iceXt~esident - 4 - The foregoing instrument was acknowledged before me this by Charles C. Smith, known to me. [NOTARIAL SEAL] 2 day dt'x../~ , 1999 Vice President of Habitat for Humanity of Collier Count~, Inc. He is personally Si~iee of Person Taking Acknowledgn~ent Name of Acknowledger Typed, Printod' or Stamped DAT~ED: ~~/~ ATTEST: E. ROCKCCI k AtteS(~ as to Chairman' s stgaatare o~l~. Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney jd/c/naples manor addn/agree/bk 13lot 14 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA - 5 - ~OR: 2578 PG: 2503' EXHIBIT "A" LEGAL DESCRIPTION LOT 7, BLOCK 12, NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COLrNTY FLORIDA. - 6 - *** OR: 2518 PG: 1444 TM XTF NS {IN **~ OR: 2578 PG: 250~ ~ AC__.. K N(DWL, I~D GMr' N T ~0 ! FIVI: '. ..J RESOLUTION NO. 99- 303 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL FACILITIES IMPACT FEES, REGIONAL WATER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 10, BLOCK 2, NAPLES MANOR ADDITION, COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot 10, Block 2 Naples Manor Addition which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated May 5, 1999 for a waiver of impact fees for the construction of a house on Lot 10, Block 2 Naples Manor Addition, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee Ordinance, Ordinance No. 99-52; Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39, Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and AU6- 3 1999 WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Lot 10, Block 2 Naples Manor Addition, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 10, Block 2 Naples Manor Addition by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks Impact Fee: 820.84 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Water Impact Fee 1,275.00 G. Sewer Impact Fee 1,575.00 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES $7,140.34 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. 2 AU6- 3 ;999 This Resolution adopted after motion, second and majority vote favoring same. ATTEST:' '- ' ' .... " DWIGHT E. BRoCK,.Cl~k. ttest 'as~ to Cra ~r~an,~ ApprOved as t6~O~ an legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLL~ BY: P~(LA ~. M~C,KI/E,/CI-I'Ai~4OM/~N jd/g/joanne/naples manor addn. EXHIBIT "A' LEGAL DESCRIPTION LOT 10, BLOCK 2, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. 4 :-ET .NQ ..,t OF ~2 " MA N OR A D DI TIO N SCALE; I INCH--lO0 FEET _~TANC ---~$ l-lO N S. )RNERS AU6- 3 1999 I '".""' '"' C ~ I 6o T) :.,: :i.;/ AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thi~._~ day of ~,, 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as WITNES SETH: WHEREAS, Collier County Ordinance No. 99-52. The Collier County Correctional Facilities Impact Fee Ordinance; Collier County Ordinance No. 98-69, the Collier County Ordi R gi 1 W d/ S Sy Imp Ordin C Iii C ty e ona ater an or ewer stems act Fee ante; o er oun nance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. .92-33, asamended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-,~ at its regular meeting WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an -! Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling trait (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the folloWing: bo The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead of owner, The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7,140.34 pursuant to the Impact Fee - 2 - Ordinance. In remm for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing~ impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that. purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall mn with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - 'AU6 0 3 1999 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: P~mTn e ~-r~ ~,~,~ c OWNERS: HABITAT t~OR HUMANITY OF coI Lj oUNrv, INc./9 ^ ~l~ffCY~~r~ent 4 - 'OR: 2578 PG: 2509 STATE OF Florida COUNTY OF Collier The foregoing instrument was acknowledged before me this /~z day-o~, 1999 by Charles C. Smith, Vice President of Habitat for Humanity of Collier County,C~ac. He~s personally known to me. [NOTARIAL SEAL] ~a~e of Person~ledgment Name of Acknowledger Typed, Printod or Stamped A'TTEST: ', :;'"' .'DWIGHT E. BROCK,. Clerk .~=C~at~u s ~pp~ov~ ~ m ~o~ ~d lc~a] su~cic~c7 Assist~t Co~ ARomey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: I~~MAC KIE, C jd/g/joanne//naples manor addn/agree - 5 - 25?8 ?G: 2510~ EXHIBIT "A" LEGAL DESCRIPTION LOT 10. BLOCK 2, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - iT' NO ! OF ~. " viA N OR A D D'! TIO N' 'ANCES --~CAI_E:: I INCH=IOO FEET ::)NS. NERS AUG e 3 1999 ., L L $I .iL1 August 3, 1999 Item #16A6 FINAL PLAT OF .OLDE CYPRESS UNIT ONE, BLOCK 9" - SUBJECT TO PERFORMANCE SECURITY, CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS Page 168 AU6- 3 1999 CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS TRACT 9 AT OLDE CYPRESS This Construction, Maintenance and Escrow Agreement for Subdivision Improvements Agreement entered into this,~,~day of ~ , 1999, by OLDE CYPRESS DEVELOPMENT, LTD., a Florida limited partnership (hereinafter "Developer"), the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter the "Board"), and QUARLES & BRADY LLP (hereinafter "Escrow Agent"). PREMISES Ao Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of certain plat of subdivision to be known as: "TRACT 9 AT OLDE CYPRESS" Bo The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by Hole, Montes & Associates, Inc., a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. Do Escrow Agent has entered into a Construction and Development Escrow Agreement with Developer dated May 25, 1999, wherein the Escrow Agent has agreed to hold monies on Developer's and Board's behalf in the amount of $92,372.49 (the "Escrowed Funds"). Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $92,372.49, and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW;' THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Escrow Agent do hereby covenant and agree as follows: QBNAP~I92031.1 AUG- 3 lgg,q 1. Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within thirty-six (36) months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Escrow Agent to hold the Escrowed Funds in escrow to only be disbursed pursuant to the terms of this Agreement. 3. Escrow Agent agrees to hold in escrow $92,372.49 from the Escrowed Funds to be disbursed only pursuant to this Agreement. 4. The Escrowed Funds shall be released to the Developer only upon written approval of the Development Services Director who shall approve the release of the funds on deposit not more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten (10%) percent; and, further, that upon completion of the work, the Development Services Director shall approve the release of any remainder of Escrowed Funds except to the extent of $8,397.50, which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. However, in the event that Developer shall fail to comply with the requirements of this Agreement, then the Escrow Agent agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Escrow Agent, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Escrow Agent in exchange for such funds a statement to be signed by the Development Services Director to the effect that: (a) Developer for more than sixty (60) days after written notification of such failure has failed to comply with the requirements of this Agreement; (b) The County, or its authorized agent, will complete the work called for under the terms of the above-mentioned contract or will complete such portion of such work as the County, in its sole discretion, shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) The escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to carry out and execute the above-mentioned development work; and, QBNAPH92031. I (d) The County will promptly repay to the Escrow Agent any portion of the funds drawn down and not expended in completion of the said development work. 5. Written notice to the Escrow Agent by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Escrow Agent for release of the specified funds to the Developer. Payment by the Escrow Agent to the Developer of the amounts specified in a letter of authorization by the County to the Escrow Agent shall constitute a release by the County and Developer of the Escrow Agent for the funds disbursed in accordance with the letter of authorization from the County'. 6. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the f'mal project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision Regulations. 7. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of this preliminary approval of the improvements; or b) notify the Developer in writing of this refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 8. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. 9. Nothing in this Agreement shall make the Escrow Agent liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision; provided, that the Escrow Agent does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement. 10. The Developer shall maintain all Required Improvements for one (1) year after preliminary approval by the Development Services Director. After the one (1) year maintenance period by the Developer and submission of a written request for inspection, the Developer Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the Board, the Escrow Agent's responsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. QBNAPXI92031.1 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and Escrow Agent, the respective successors and assigns of the Developer and Escrow Agent. IN WITNESS WHEREOF, the Board and Developer and the Escrow Agent hov. e caused this~Agreement to be executed by their duly authorized representatives this ,~&day of t~.~::~., 1999. -r-~ - Signed, sealed and delivered in the presence of: DEVELOPER: OLDE CYPRESS DEVELOPMENT, LTD., a Florida limited parmership Witness #1 Print Name Below.TM Wt~ne~s#2 -~ / - /~- - Print Name Below: (Corporate Seal) By: Olde Cypress Development Corporation, a Florida corporation, eeral partner sident Witness # 1 Print Name Below: Print Name Below: ESCROW AGENT: QUARLES/&/ii'~DCP, a Wisconsin limited lia/l:dli~ paf~s~,p '"---l~o J.~.,'~alvato~, General Partner QBNAP\ 192031.1 4 I rpprov~d::~'~ fora ~d legal sufficiency: ¢611ier~d~ ~aorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Chairman ~/~/~ ~ QBNAP\192031.1 , 5 EXHIBIT OLDE CYPRESS TRACT 9 MOBILIZATION 1. Mobilization EARTHWORK 1. Compact and Balance Roadway SANITARY SEWER 1.8" PVC Sewer (0-6') 2.4' Dia. Manhole (0-6') 3. 6" PVC Lateral 4. Clean-Outs 5. Connect to existing sewer 6. Video/Test Sewer (minimum) 7. Video/Test Sewer (minimum) STORM DRAINAGE 1. 18" RCP 2. 18" PVC 3. Valley Gutter Inlet 4. Rip-Rap Pipe End WATER 1.8" PVC DR14 2.8" PVC DR18 3. 8" 22 1/2 Bend 4. 8" 45 Bend 5. 8" 90 Bend 6. Fire Hydrant Assembly 7. Fire Hydrant Assembly (Flushing) 8. Perm. Bact. Sample Point 9.3" IP~C & %1~u;k,ers for sleeves 10. 2'~ {-,feral= ~ Connection) 11. Chloh~3ate & Tes-'t Quantity 334 2 7OO 18 1 1 1 28 254 2 1 20 455 8 5 1 1 1 1 180 1 1 Units LS LS LF EA LF EA LS LS LS LF LF EA EA LF LF EA EA EA EA EA EA LF EA LS Unit Price 500.00 2,250.00 14.00 1,346.29 10.00 79.87 150.00 627.20 627.20 19.30 19.30 1,950.00 500.00 12.00 13.00 235.48 233.48 257.20 1,950.76 1,950.76 1,001.19 4.00 1,250.00 650.00 Amount $500.00 $2,250.00 $4,676.00 $2,692.58 $7,000.00 $1,437.66 $150.00 $627.20 $627.20 $540.40 $4,902.20 $3,900.00 $500.00 $240.00 $5,915.00 $1,883.84 $1,167.40 $257.20 $1,950.76 $1,950.76 $1,001.19 $720.00 $1,250.00 $650.00 $500.00 $2,250.00 $17,210.64 $9,842.60 $16,986.15 ROAD CONSTRUCTION 1. 12" Stabilized Sub-Grade 2.6" Limerock base 3. Pdme & Sand 4. 1 1/2" Asphalt (Two Lifts) 5. Curb (2' Valley Gutter) 6. Curb (Type "A") 7. 5' Sidewalk 8. Sinage & Stdping 9. Sod (1' Strp) 10. Remove Exis. Valley Gutter 11. Layout, Testing, Sleeve, PCP, Blasting 12. Street Lights 13. Fine Grade & Clean up EXHIBIT OLDE CYPRESS TRACT 9 SUMMARY Quantity 2,295 1,649 1,457 1,457 865 125 275 1 8,152 1 Units SY SY SY SY LF LF LF LS SF LS LS LS LS Unit Price 2.10 4.75 0.30 3.25 5.00 5.30 7.50 425.00 0.15 500.00 4,000.00 2,000.00 4,163.20 Amount $4,819.50 $7,832.75 $437.10 $4,735.25 $4,325.00 $662.50 $2,062.50 $425.00 $1,222.80 $500.00 $4,000.00 $2,000.00 $4,163.20 $37,185.60 MOBILIZATION EARTHWORK SANITARY SEWER STORM DRAINAGE WATER ROAD CONSTRUCTION NOTES: TOTAL $500.00 $2,250.00 $17,210.64 $9,S42.60 $16,986.15 $37,185.60 $83,974.99 1. Bonds, Permits & Permit Fees by others. 2. Water services by Collier County. OLDE CYPRESS DEVELOPMENT CORP. 13 6 3 9-22-99 cmt.132-t9 CMT132 T-9 ADDTL ESCRO 7000.00 .00 7000.00 C, ECK I CHECK~ , DATE, i,] 9-22-0)9 NUMBER i OLDE CYPRESS DEVELOPMENT CORP. 5620 STRAND BOULEVARD SUITE 1C NAPLES, FLORIDA 34110 FIFTH THIRD TRUST CO. & SAVINGS BANK, F.S.B. NAPLES, FLORIDA 33940 63-9171/670 1363 Pay: ******************************************** thousand dollars and no cents PAY TO THE ORDER OF Quarles & Brady Trust DATE CHECK NO. AMOUNT September 22, 1999 1363 $*****'7,000.00 August 3, 1999 Item #16A7 COMMERCIAL EXCAVATION PERMIT NO. 59.696 FOR THE J & D GRADING AND HAULING EXCAVATION LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 28 EAST, BOUNDED ON THE NORTH BY VACANT LOT, ON THE EAST BY VACANT LOT, ON THE SOUTH BY 56TM AVENUE NE R/W AND ON THE WEST BY CANAL R/W - WITH STIPULATIONS Item #16A8 FINAL PLAT OF "PELICAN STRAND REPLAT - 7" - SUBJECT TO CONSTRUCTION AND MAINTENANCE AGREEMENT, PERFORMANCE SECURITY AND STIPULATIONS Page 169 CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS AGREEMENT entered into this ,,,o~ day of TH , 19 P_~ between THE STRAND, LTD. a Florida Limited P E STRAND DEVELOPMENT CORPORATION OF NAPLES, its General Partner, (hereinafter "Developer"), THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinat~er "The Board") and CREDIT SUISSE FIRST BOSTON MORTGAGE CAPITAL LLC (hereinafter "Lender"). RECITALS: A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as PELICAN STRAND RELAT 7, TRACT 7. B. The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction contract prepared by Community Engineering Services, Inc., a copy of which is attached hereto and incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements, are limited to those described in the contract, Exhibit "A" C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Unified Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated July 2, 1998 (the "Construction Loan") to fund the cost of the Required Improvements. E. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $277,309.29, and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW THEREFORE, in consideration of the foregoing premises and mutual covenants set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within 12 months from the date of approval of said subdivision plat. Developer hereby authorizes lender to hold $277,309.29 from the Construction Loan, in escrow, pursuant to the terms of this Agreement. 1999 Lender agrees to hold in escrow $277,309.29 from the Construction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. The escrowed funds shall be released to the Developer only upon written approval of the Development Services Director who shall approve the release of the funds on deposit no more than once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less then percent (10%); and further, that upon completion of the work, the Development Services Director shall approve the release of any remainder of escrowed funds except to the extent of $25,209.94which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. COLLIER COUNTY LAND DEVELOPMENT CODE However, in the event that Developer shall fall to comply with the requirements of this Agreement, then the Lender agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Lender, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Lender in exchange for such funds a statement to be signed by the Development Services Director to that effect that: (a) Developer for more than sixty (60) days after written notification of such failure has failed to comply with the requirements of this Agreement; (b) The County, or its authorized agent, will complete the work called for under the terms of the above-mentioned contract or will complete such portion of such work as the County, in its sole discretion shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) The escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to carry out and execute the above-mentioned development work; and, (d) The County will promptly repay to the Lender any portion of the funds drawn down and not expended in completion of the said development work. Written notice to the Lender by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Lender for release of the specified funds to the Developer. Payment by the Lender to the Developer of the amounts specified in a letter of authorization by the County to the Lender shall constitute a release by the County and Developer of the Lender for the funds disbursed in accordance with the letter of authorization from the County. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision Regulations. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement; o Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. Nothing in this Agreement shall make the Lender liable for any fimds other than those placed in deposit by the Developer in accordance with the foregoing provision; provided, that the Lender does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement. APPENDIX A - STANDARD LEGAL DOCUMENTS 10. The Developer shall maintain all Required Improvements for one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer upon submission of a written request for inspection, the Development Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the board, the Lender's responsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 1999 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the respective successors and assigns of the Developer and the Lender. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this ,~.,l,,,c.. day of ~ ,199~. Signc/d~Sealed and De!fvered in the ;me) int Name) (~int Na~e) Attest es to CMfrmn's signature onl'.~. ~ STRAND, LTD., A Florida limited partnership By:~lll[ ev lo m_ent~ Co~'~er By'~~ V' i LENDER: CREDIT SUISSE FIRST BOSTON MORTGAGE CAPITAL LLC, A Delaware limited liability company By:~ Na Title: .: ,'" -":' :2 ':' .-,' -°~"T ". - , ' ~ ::,', :~':,t_~: i'~, C.<' '. : ~ ;.,, ,. :.,~'..,>.~ ' ..:;:~ff;~proved ~ to fora ~d legal sufficiency: David C. Weigel, BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNT~hFLORIDA _ _ . , / / - Chairwoman Pamela S. Mac'Kie AUG ~ 3 !99S STATE OF A/~4.t/Oaf/t _ COUNTY OF _~a~o' G4~foregoing instrument was/ej~knowl.e~lged be~oj'e me. this ,,~' day of ~Credit Suisse First i~%;/on Mortgage ~aP~l'tal'LLC, ~o is personally known to me or who has produced as identification. My Commission Expires: Notary Public (Notary Seal) (print nme below) Commission No. 0 199 JOIN'DER The undersigned, Norwest Bank Minnesota, a national association, as Trustee under the Pooling and Servicing Agreement dated November 11, 1998; and Odeon FL Trust, a Delaware business trust, as owners of a participatory interest in and to the Mortgage now held by Credit Suisse First Boston Mortgage, LLC from Pelican Strand, Ltd., does hereby join in the execution of this Construction, Maintenance and Escrow Agreement for Subdivision Improvements for the subdivision to be known as Pelican Strand Replat Tract 15. The joinder of said parties is as reflected on the signature page attached hereto. QBNAP\ 175228.1 V~itness #)l- Pfil~nam~e below:~ Witness #2 Pri,nt-name b~low: ODEON FL TRUST, a Delaware business trust By: Wilmington Trust Company, not in its individual capacity but solely as owner trustee of ODEON FL Trust/ .,' as attorhey2in-fa~t '~ AU{~ 0 ~ 199~ STATE OF ~ o/0~"~ COVNT¥ - foregoing instrument./~as ac.knp)vledge~ before me this e~.~'"' day of , 1999, by .]?~_ g'~.~/~,,., t'~~ t_ , as attorney in fact for Wilmington Tr~st Company, the O~ner TrUst~ of ODEON FL Trust, My Commission Expires: (Notary Seal) who is personally known to me or who has produced as identification. ~__7~_d._ ~' ~~" Notary Public (print name below) Commission No. CYNTHIA E. ORTIZ Notary Public, State of New Yolk No. 01OR5083867 Qualified in New York City Commission Expires August 2.~, 1999 ~,tlG 0 3 199~ NORWEST BANK MINNESOTA, a National Association, as Trustee under the Pooling and Servicing Agreement dated November 11, 1998, for the Credit Suisse First Boston Mortgage Securities Corp., Commercial Mortgage Pass-Through Certificates, Series 1998-FL2 P~//~ame below: With~s~ #2 Print name below: Pacific Life Insurance Company, a ~aY;ifomia corporation as attorney in fact Title: vic~ Title: &UG 3 199 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~--~r',~, ~ -/ Date personally appeared ss. , before me, '~/'~',~I, //~c, se,~ ~-c,-~, ~ Name and ~tle of Offi~r (e.g., 'Jane~, Nota~ Public") Name(s) of Sig~r(s) ~rsonally known to me ~ proved to me on the basis of satisfacto~ evidence to be the personJ~) whose name s(~. is/ar.~ subscribed to the within instrument and acknowledged to me that he/she/the..~L executed the same in his/her/tl~,j.r authorized i/ _ capacityie(L~,%L and that by his/her/their ~E~ROSE~ZWEiG -- ~ signature~n the instrument the person~, or ~ ~~ C~mi~ion ~1 ]621~ ~ the entity upon behalf of which the person~ ~ ~~ Not~ P~lic- Colif~ ~ acted, executed the instrument. J ~/ Orange Coun~ ~ t ~ ~C~.~~,~ f WIZNESS m~and and official seal. OPTIONAL Though the information be/ow is not required by/aw, if may prove valuable ~o persons relying on the document and could prevent fraudulent removal and reaEachment of this form to another document. Description of Attached Document ~tle or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(/es) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer -- 'lqtle(s): [] Partner---~ Limited ~' General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: Top of thumb here 997 National Nota~ Association · 9350 De Soto Ave.. P.O. Box 2402 · Chatsworth, CA 91313-2402 Prod. No, 5907 Reorder: Call Toll-Free 1-800-876-6827 November 06, 1998 PELICAN STRAND - TRACT 7 IMPROVEMENTS ENGINEERING ESTIMATE OF PROBABLE CONSTRUCTION COST WATER, SEWER SEWER DJ~Sff,~d~[O~ UNITS QUANTITY 8" PVC GRAVITY SEWER LF 1.318 MH (7-11') EA 4 MH(>ll'dp) EA 3 SEWER LATERAL EA 8 WATER I2F.~Ci?~XIO~ UNITS ~ I0" PVC LF 1394 FIRE HYDRANT ASSEM. EA 4 10" MAIN ENDING EA 1 PERM. SAMP. POINT EA 1 DOUBLE SERVICE EA 4 SUBTOTALS SEWER WATER $23.00 $1,300.00 $1,600.00 $300.00 TOTAL: $18.00 $1,950.00 $1,950.00 $937.00 $1,000.00 TOTAL: GRAND TOTAL: $30,314.00 $5,200.00 $4,800.00 $2.400.00 S42,714.00 $25,092.0O $7,800.00 $1,950.00 $937.OO $4~000.00 $39,779.00 $42,714.00 $39.779.00 $82,493.00 November 6,1998 PELICAN STRAND - TRACT 7 IMPROVEMENTS ENGINEERING ESTIMATE OF PROBABLE CONSTRUCTION COST GRADING, PAVING AND DRAINAGE DRAINAGE ~ U'NITS QUANTITY UNITP~CE 24" RCP LF 84 $25.00 30" RCP LF 1271 $32.00 30" PERMALOC LF 13 $34.00 36" PERMALOC LF 134 $42.00 JUNCTION BOX CURB INLET / VALLEY INLET FIELD INLET EA 2 $1,800.00 EA 8 $1,250.00 EA 1 $1,150.00 TOTAL: ROADWAY FILL 1st 3/4" TYPE III ASPHALT 2nd 3/4" TYPE III ASPHALT 8~ LIMEROCK 12" STAB. SUB. TYPE "D" CURB TYPE "F" CURB VALLEY CURB STRIPING SIGNAGE STREET LIGHTING 5' SIDEWALK SOD SEED & MULCH UNITS QUANTITY ~ CY 5950 $1.75 SY 4270 $1.25 SY 4270 $1.50 SY 5350 $4.20 SY 5350 $1.75 LF 121 $4.85 LF 1500 $5.00 LF 1500 $5.00 LS 1 $5,000.00 LS 1 $1,000.00 LS 1 $20,000.00 LF 1550 $6.00 SY 400 $1.35 AC 0.6 $1,000.00 TOTAL: SUBTOTALS DRAINAGE ROADWAY GRAND TOTAL: $2.100.00 $40,672.00 $442.00 $5,628.00 $3,600.00 $10,000.00 $I.150.00 $63,592.00 $10,412.50 $5,337.50 $6,405.O0 $22,470.00 $9,362.50 $586.85 $7,500.00 $7,500.00 $5,000.00 $1,000.00 $20,000.00 $9,300.00 $540.00 $600.00 $106,014.35 $63,592.00 $106.014.35 $169,606.35 1999 November 06, 1998 PELICAN STRAND - TRACT 7 IMPROVEMENTS ENGINEERING ESTIMATE OF PROBABLE CONSTRUCTION COST GRADING, PAVING AND DRAINAGE Subtotals Water and Sewer Grading, Paving, and Drainage COMPLETE $82,493.00 $169.606:35 Total $252,099.35 10% CONTINGENCY FACTOR $25.209.94 GRAND TOTAL $277,309.29 ~ooz CRED~ ~,TISSE ~ ]K)STON MORTGAGE CAPITAL LLC 1[ Ma/ison Avenue New Yo~k, New York 10010 Capi~ized tram m~/~ and ~0~ or. herwis= dc/tnd u uset u d~fu~cl iv Very CRI~IT SUISS~ FIRST BOSTON MORTGAGE 16~ b laoo:AU~ 0 3 '199 ~ 'd~ [9L~'O~t 9/1§/99; 11:24AM; 949 718 6570 =~' THE STRAND; #2 SEP 16 1999 09:34 FR PL-RE! DEPT ~49 718 GS?~ TO 919415~27541 P. 02/0J 3.4999 P,~CORD AND ~ TO: Pacific Life Inmumu~ Cun~y Newpart Bc~h, ~ ~ ~: Pe~c~ ~ L~. P~c ~i~c ~ N~b~: ~12 POWER OF ATI'ORNE¥ Limited hereby mako, constitute and .ppoh~ ~ha feliowins officer~ of Pacific Life Ius, zaucc Com:npany ('?L"): M.A. Stickles I.C. Mtdvihill C.S. Diliion W~udy Baldm Pfm2~ Spurb Debm O,m~.g}mm Vio~ ~eu~ Vice Prcsidaa mud.Ammm [fecrmry As the true and lawful attmney-in-fimt for Credit Suine First Boston MortgnSe Capital LLC, as Leader (the "MortsaSce") xmd~r that certain Loan Agreement botwem MaztSMeo and Pelican Stmxt, LTD.,(thc "B~,.',,~er"), dated July l, 1998, and amended Ikptom~ ~, 1998 and amended November 10. 1998 for its use ~ fan.fit:: t. To si~n an behalf of th= M~ arty and all documetas relating to matIers involvi~ suy and nil instnunmts of satisfaction or cmceltsflon or relesse or dlschaz~e, and all as Pelican Strand, LTD. · 2. Tiffs power of attorney shall be limited to the above mentioned exercise ofpower. This inslrdm~mt is to be construed and interprv-fed u 8 lh~iad power of attom~. Thc enumeration of specific items, dshts, acts or powers heroin is no~ intanded to, nar does it give rise to, ami it is not to be oonstmed as a general power of zUnrney, 4. 'I'harishts, power ami ntbodtyofmddaeom~h=~smeedabsllcomnae~eendbein full force ~ effect on Dem~mber I 1, 1998 and such rights, powar~ ~nd auth~i;y shall g/18/99; 11:24AM; 949 718 6570 => THE STRAND; #3 SE= 16 1999 09:~5 FR PL-REI DEPT 949 718 G570 TO 919415927541 P. (;~3/03 IN~SWHEI~QF, Ih~rv~lu~u~osu-tmyhaudtt~ l~ dayof ~)e. ct-enb~~, 1998. Cre~t S~ l~ir~t B~ Mo~gqe Capital LLC, $isn~ alut ~a~led aru~ delivered in thc pt'~m~ of: known to mc (or personally .... proved to n~ on the b~is of satis~ evidcnce) to be the person(s) who(se) name(s) is subscribed to the wltbln ias~ and ~mwledged to me ~ he/she executed the same in hi,~ncr authmized capacity(ies), and tha~ by his/her signatm'e(s) on thc instrument the person(s) acted, executed the instmmen~ IN WITNESS WItBR~O1~, I have hereunder set my hand and sff~xed my ofF. al seal thc ~ and year th~ cer6fu:ate first v. bove written. TOTAL PAGE. 0~ ** August 3, 1999 Item #16A9 EXCAVATION PERMIT NO. 59.687, "WHIPPORWILL WOODS LAND TRUST COMMERCIAL EXCAVATION AND HOMESITE., LOCATED IN SECTION 22, TOWNSHIP 48 SOUTH, RANE 28 EAST, BONDED ON THE NORTH, EAST, SOUTH, AND WEST BY VACANT LAND ZONED ESTATES AND ALSO ON THE EAST BY DESOTO BOULEVARD, AND ON THE NORTH BY CR 858 AND THE WINCHESTER LAKE FILL PIT - WITH STIPULATIONS Page 170 August 3, 1999 Item #16A10 COMMERCIAL EXCAVATION PERMIT NO. 59.690, .EVERGLADES BOULEVARD LAKE AND HOMESITE", LOCATED IN SECTION 18, TOWNSHIP 48 SOUTH, RANGE 28 EAST, BOUNDED ON THE NORTH, EAST, SOUTH, AND WEST BY VACANT LAND ZONED ESTATES AND ALSO ON THE EAST BY EVERGLADES BOULEVARD - WITH STIPULATIONS Item #16All REMITTANCE OF $4,840 REMAINING IN THE BUILDING IMMOKALEE TOGETHER PROJECT (#01700) TO THE IMMOKALEE MAIN STREET ORGANIZATION AND THE NECESSARY BUDGET AMENDMENT Item #16A12 INTERLOCAL AGREEMENT BETWEEN THE CITY OF NAPLES AND COLLIER COUNTY FOR CONTRACTOR LICENSING BY COLLIER COUNTY Page 171 INTERLOCAL AGREEMENT BETWEEN THE CITY OF NAPLES AND COLLIER COUNTY FOR CONTRACTOR LICENSING BY COLLIER COUNTY This agreement by and between Collier County, a political subdivision of the State of Florida, hereinafter called the "County" and the City of Naples, a Municipal Corporation, hereinafter called the "City," is made in order to set forth the responsibilities of Collier County for the issuance of contractor licensing, excluding lawn maintenance contractors. WITNESSETH WHEREAS, the City and County have determined that the implementation of a City-County license has proved beneficial to both City and County governments and its contractors; and WHEREAS, the City and County desire to continue with an the Interlocal Agreement, first adopted by the parties in 1992, with modifications to include tree trimming contractors; NOW THEREFORE, in consideration of the covenants set forth herein, the parties agree as follows: The County shall be responsible for issuing licenses to contractors working with the County and/or City in accordance with County Ordinance 97-68, (with exception of paragraph 1.3.1."Owner- Builders") and subsequent amendments and ordinances related thereto. o The County shall collect the licensing fees for those contractors licensed to work within the County and/or City for issuance of a countywide license. o The County shall provide the staff supervision, equipment and supplies necessary to issue all new and renewed contractor's licenses .covered under this agreement and to provide all supervisory and investigative personnel necessary to investigate and prosecute unlicensed contractors before the misdemeanor courts, and licensed contractors before the applicable disciplinary boards, as well as investigate all related complaints. The Collier County Contractor Licensing and Code Enforcement Supervisor shall supervise all o o o o Contractor Licensing investigations and advise the County's Building Division of same. The County shall provide the City with monthly reports of the licensing and investigation activities within the City. The report is to include all activities related to licensing and enforcement within the City limits of Naples, including current specific complaints, investigations in progress, pending hearings and court cases and disposition of such cases. City staff will provide mutual assistance as required. The County shall provide the City monthly reports of all contractors currently licensed in the County and City. The combined County/City Contractor Licensing Board shall hear all disciplinary matters. The composition of the Contractor's Licensing Board shall include a minimum of two (2) members who reside within the corporate city limits of Naples or shall be recommended to the Board of County Commissioners by the Naples City Council. This Interlocal Agreement shall be in effect for a period of three (3) years from date of adoption. Either party to this Agreement may terminate the Agreement by providing written notice to the other at least 120 days prior to the end of any fiscal year (September 30). IN WITNESS W~EREOF, the parties have executed this Agreement effective upon approval and execution by the parties. Attest: T~a Norm~,-'Uzty Clerk Bill Barnett, Mayor Approved as to form and legality: AU6- 3 1999 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Attest: Dwight E.~rock, Clerk ~22j.~ ~/~N~. I~e ~ u t y Clerk Approved as to form and legal suf fi~ency :('~l ~/David 'C.' Wei~el' County Attorney Pame~wo~man p:\resnew\interlocalaggr.contr Item #16A13 FINAL PLAT OF .CROWN POINTE SHORES TWO. August 3, 1999 Item #16A14 RESOLUTION 99-304 AND AGREEMENT AUTHORIZING 100% WAIVER OF IMPACT FEES FOR ONE VERY LOW INCOME SINGLE FAMILY HOUSE TO BE BUILT IN THE SEMINOLE SUBDIVISION ON LOT 25, BLOCK A, IN IHMOKALEE, BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Page 172 RESOLUTION NO. 99- 304 AIJG- 3 ]9~}9 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL FACILITIES IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 25, BLOCK A IN SEMINOLE SUBDIVISION, IMMOKALEE. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Parmership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding fi.om the State Housing Initiatives Parmership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot 25, Block A, Seminole Subdivision in Immokalee which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of"Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated December 21, 1998 for a waiver of impact fees for the construction of a house on Lot 25, Block A, Seminole Subdivision in Immokalee, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee Ordinance, ordinance 99-52; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee Ordinance, ordinance No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and - 1 - AU6- 3 1999 WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Lot 25, Block A, Seminole Subdivision in Immokalee, Collier County, Florida. 2. Upon receipt bY the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 25, Block A, Seminole Subdivision in Immokalee by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks Impact Fee: 820.84 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES $4,290.34 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. - 2 - AUG- 3 lgg9 This Resolution adopted after motion, second and majority vote favoring same. DATED: DWIGHT E. BROCK, Clerk Approved as to form and legal sufficiency: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS ~P'AI~EL/~ S. I(/IAC~'KIE, CHATOMAN jd/gm/c/semmoles/d/reso - 3 - AU$- 3 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 25, OF BLOCK A, SEMINOLE SUBDIVISION IN IMMOKALEE, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 4 - I I 0 3 199 AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this,.4'~ay of ~, 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance 99-52, the Collier County Correctional Facilities Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee O~dinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-,~,~y at its regular meeting of ~ ,1999; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. - 1 - NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: ~lJ0 0 3 1[1§~) 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. ~ 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: ao bo eo The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead of owner; The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and OWNER is the owner of record of the Dwelling'Unit and owes impact fees in the total amount of $4,290.34 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. - 2 - 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Corhmissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates - 3 - one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: STATE OF El.o. mta~) COUNTY OF Collier ) OWNERS: HABITAT FOR HUMANITY OF C OLLI~COUN~. - 4 - The foregoing instrument was acknowledged before me this ~ by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc. He is personally known to me. ['NOTARIAL SEAL] ,~aturc of Person Taking AcknoWledgment Name of Acknowledger T~yp_e__d.P_rit~te_d_o_r Stamped ~' day. f ,.,/Z*-r~,~ ,1999 ' DATED: ~g.~a~,~ ATTEST: DWIGHT E. BROCK, Clerk :'.,.Attest 'aS tO Chalrnaa's s f~nature onl$. Approved as to form and legal sufficiency Heidi F. Ashton Assist~t Coun~ Attorney jd/¢/seminole/blka 1ot25 BOARD OF COUNTY COMMISSIONERS COL~ I Y: M'AC' E, C .I /WO N - 5 - EXi~IRIT "A" LEGAL DESCRIPTION OR: 2578 PG: AUG 0 3 1999 251~7 LOT 25, BLOCK A, NAPLES SEMINOLE SUBDMSION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 1, AT PAGE 31, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - 1999 August 3, 1999 Item #16A15 RESOLUTIONS 99-305 THROUGH 99-313 AND AGREEMENTS AUTHORIZING 100% WAIVER OF IMPACT FEES FOR NINE VERY LOW INCOME SINGLE FAMILY HOUSES TO BE BUILT IN NAPLES MANOR ON LOT 3, BLOCK 9; LOTS 14 AND 15, BLOCK 13; LOTS 12, 13, 14, BLOCK 5; LOT 40, BLOCK 11; AND LOTS 4 AND 6, BLOCK 12, BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Page 173 RESOLUTION NO. 99- 305 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONFg'S, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL FACILITIES IMPACT FEES, REGIONAL WATER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 3, BLOCK 9, NAPLES MANOR ADDITION, COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Parmership Program set forth in Section 420.907 et. seq,, Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot 3, Block 9 Naples Manor Addition which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated May 5, 1999 for a waiver of impact fees for the construction of a house on Lot 3, Block 9 Naples Manor Addition, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee, Ordinance No. 99-52; Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39, Section 3.04 of the Road Impact Fee Ordinance, ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and ~-IEREAS, Habitat for tlumanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: ,: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Lot 3, Block 9 Naples Manor Addition, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 3, Block 9 Naples Manor Addition by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks Impact Fee: 820.84 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Water Impact Fee 1,275.00 G. Sewer Impact Fee $1,575.00 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES $7,140.34 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. 2 This Resolution adopted after motion, second and majority vote favoring same. ATTEST: DWIGHT E. BROCK, Clerk Attesf,:',a to signature Approved as to form and legal sufficiency: Assistant County Attorney BOARD OF COUNTY COMMISSIONERS By: ~{/ / Y V v - -/'.-'-,./; P~vIELA S. MAC'KIE, CHAI;OMAN jd/c/Naples Manor Addition/reso EXHIBIT "A" LEGAL DESCRIPTION LOT 3, BLOCK 9, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. 4 1 I NAPLES NOTE: ALL CORNER LOT DISTANCES ARE TO CORNER INTERSECTIONS. ALL RADII 25 FEET ON CORNERS SHELI NO ! OF MANOR SCAL~ I / .. I .. / - I ,/., I ~ / ' [ ~ I ' I ' I - I - I ~ iii I / ' I ~' I il!! AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES~Li~ 0 This Agreement for the Waiver of Impact Fees entered into this,~3_--day of/~?t~o 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 99-52. The Collier County Correctional Facilities Impact Fee Ordinance; Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - AUG WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99- ,~ o,.,~"at its regular meeting of .. _~-~,~e,~-& ,1999; and WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the folloWing: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owne~; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7,140.34 pursuant to the Impact Fee - 2 - A~IG 0 '~ ~IQQQ Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in"the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that Purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon' payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not ' limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall mn with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - 'AU6 o 3'm9 11. DEFAUT_,T. OWNF, R shah be in default of this A~eemem (1) where OWNBR fails to sell the Dwelling Unit in accordance with the affordable hO'Using standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other fight or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: nt Name,~2;,,,~,]~.-~- ;~.a.~_~,~7 OWNERS: HABITAT FOR HUMANITY OF OLLIEI~/COUNTY, INI~. j. - 4 - OR : 2578 pG: 2523 AUG 0 3 STATE OF .F. Lo. xi.da~) countrY OF Collier__.) The foregoing instrument was acknowledged before me this by Charles C. Smith, known to me. [NOTARIAL SEAL] -.~ day of'~~-~<-- , 1999 Vice President of Habitat for Humanity of Collier County, Inc. He is personally Si~e~of personi°~':~'~Takin~ent Name of Acknowledger Typed, Printed o(Stamped DATED: ~-'~'~:~ / ATTEST:, DWIGHT E:.~ROCK, Clerk "t-.? ,'C- . 2,- Attest as to legal su~c~ency ~7 A;ht~n Assist~t Co~ A~omey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:~~WOMAN jd/c/naples manor addn/agree/bk21otl 0 - 5 - OR: 2578 PG: 2524 AUG 0 3 1999 EXFIlBIT "A" LEGAL DESCRIPTION LOT 3, BLOCK 9, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 87, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - N A. Pi E..S NOTE: ALL CORNER LOT DISTANCES ARE tO CORNER INTERSECTIONS. Ail RADii 25 FEET ON CORNERS SHEE .I NO'! OF MA NOIR ~c RESOLUTION NO. 99- 306 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS~., COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL FACILITIES IMPACT FEES, REGIONAL WATER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES, .LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 14, BLOCK 13, NAPLES MANOR ADDITION, COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Parmership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot 14, Block 13 Naples Manor Addition which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated May 5, 1999 for a waiver of impact fees for the construction of a house on Lot 14, Block 13 Naples Manor Addition, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee Ordinance, Ordinance No. 99-52; Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee ordinance, ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee Ordinance, ordinance No. 99-39, Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and 0 3 WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Lot 14, Block 13 Naples Manor Addition, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees fi'om the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 14, Block 13 Naples Manor Addition by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks Impact Fee: 820.84 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Water Impact Fee 1,275.00 G. Sewer Impact Fee 1,575.00 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES $7,140.34 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. 2 This Resolution adopted after motion, second and majority vote favoring same. ATTEST: ..... DWIGHT E. BROCK, Clerk App~o~c~as to fo~ and ]cga] sufficiency: Assistant Coun~ A~omey BOARD OF COUNTY COMMISSIONERS By:~~&. [ RWOMAN jcl/c/Naples Manor Addition/reso/1210t 10 EXHIBIT "A" LEGAL DESCRIPTION LOT 14, BLOCK 13, NAPLES MANOR LAKES, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. 4 :,,IAPI 'ES ~AIqOR ADDITION -DE..~CRIPTION NOTE] THE DESCRIPTION GIVEN ON S'HEE'T I OF2 INCLUDES THAT DELINEATED ON SHEET 2 OF '2. SHOWN HEREON, SCALE: i INCH = lO0t / / AU6 0 3 f999 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this~ day of 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinatter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 99-52. The Collier County Correctional Facilities Impact Fee Ordinance; Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee ordinance; and Collier County Ordinance No. · 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99~.~ at its regular meeting of~~~_~~, 1999; arid WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into Agreement with the COUNTY NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the folloWing: a. bo The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead ofowne~ The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7,140.34 pursuant to the Impact Fee 0 3 1999 - 2 - Ordinance. In remm for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing impact fee waiver qualification criteria detailed in thee Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not lirnited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by girl of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall mn with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER falls to sell the Dwelling Unit in accordance with the affordable houajng standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fall to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: OWNERS: HABITAT FOR HUMANITY OF /~'rh~fiJl~'~-C[. ~;n~~e President 4 - ? OR: 2578-PG: 2530 STATE OF Florida ) COUNTY OF Collier ) The foregoing instrument was acknowledged before me this by Charles C. Smith, known to me. [NOTARIAL SEAL] AU6 0 3 ?999 __ day O~f ,,.7~/.~...~ , '] 999 Vice President of Habitat for Humanity of Collier County, Inc. He is personally sig~e of Person Taki~t Name of Acknowledger Typed, Printed/iff Stamped ] ,n ~ ~ MY COMMISSION # CC 7~J9612 ] DATED: ATTEST: DWIGHT E. BROCk, Clerk Approved as to fo~ ~d legal sufficiency ~di F. Ashton As~ist~t County Attomoy BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B OMAN jd/c/naples manor addn/agree/bkl31otl4 - 5 - OR: 2578 PG: 2531 AU6 O 3 ~ ExmRIT "A" LEGAL DESCRIPTION LOT 14, BLOCK 13 NAPLES MANOR ADDITION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 68, OF/tiE PUBLIC RECORDS OF COLLIER COUNTY FLOR/DA. - 6 - /! Pi ES FAAIqOR ADDITION · DESCRIPTION NOTE: THE DESCRIPTION GIVEN ON ,-~ SHEET I OF~ INCLUDES THAT DELINEATED ON SHE, T' "~ ~ OF ~ SHOWN HEREON. . . E ~ SCALE: i INCH -- I00' ~ ~" ...... , , ,,,, - 2532 ~l)p/l~l~Jd ' b" T,~'/'£ T ,I 7 RESOLUTION NO. 99- 307 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS,:~COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL FACILITIES IMPACT FEES, REGIONAL WATER SYSTEM IMPACT FEES, REGIONAL SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, 1NC., ON LOT 15, BLOCK 13, NAPLES MANOR ADDITION, COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot 15, Block 13 Naples Manor Addition which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated May 5, 1999 for a waiver of impact fees for the construction of a house on Lot 15, Block 13 Naples Manor Addition, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee Ordinance, Ordinance No. 99-52; Section 3.04 of the Regional Water and/or Sewer Systems Impact Fee Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39, Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impac.t fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: ~' A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be s01d to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Lot 15, Block 13 Naples Manor Addition, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 15, Block 13 Naples Manor Addition by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks Impact Fee: 820.84 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Water Impact Fee 1,275.00 G. Sewer Impact Fee 1,575.00 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES $7,140.34 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. This Resolution adopted after motion, second and majority vote favoring sam~. DATED: ~4 /P~,P ATTEST: DWIGHT E. BROCK, Clerk Attest~as to cha~rman,s s~gnature .o~15. Approved as to zonn and legal sufficiency: I~eidi F. Ashto~ - Assistant County Attorney ~oOLALRD OF COUNTY COMMISSIONERS BY:p~M~L~ S. ~ACLEi cH:MAN jd/c/Naples Manor Addition/reso/blkl 3 lot 14 3 EXHIBIT "A" LEGAL DESCRIPTION LOT 15, BLOCK 13, NAPLES MANOR ADDITION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. 4 _J A P L E S tvlAI',IOR ADDITIOt,I .DE.,~,CRIPTION NOTE: THE DESCRIPTION G'IVEN ON SHEET I OF,~ INCLUDES THAT DELINEATED ON SHEET '2 OF 2 SHOWN HEREON, - ' AU6 0:3 f99 AGREEMENT FOR WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this3_2~ay of ~.~ 1999, by and r between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNES SETH: WHEREAS, Collier County Ordinance No. 99-52. The Collier County Correctional Facilities Impact Fee Ordinance; Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and - 1 - AUG ('1 3 1999 WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-~ ~ fi' at its regular meeting of ~~r,~ ,1999; and WHEREAS, the Impact Fee Ordinance requires that the OWNER~ enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are tree and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: ao bo The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead of owner:, The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7,140.34 pursuant to the Impact Fee - 2 - Ordinance. ~ retu~ for ~c wai~cr of t~c Lr~pact fccs owed by OW~N'~R coYenants and a~ccs to co~ply with the affordable housing impact fee waiver qualification criteria detailed in~ the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the ImpaCt Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shaft nm with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. - 3 - 11. DEFAULT. OWNER shall be in default of this Agreement (1) where fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years fi.om the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: ,~nt N am e. _/~"-.,~..-2 ~2~ ~.~.,-~ ~.'-/~ OWNERS: HABITAT FOR HUMANITY O]~ COLLIER/COUNTY, INC. /{ /1 By://~/~.~,n ~/~ ,~~-~ - '4"' ~h,Mce~ ~l~a{le-~. S~n 4 - .2 2578 PG: 2537 STATE OF .E~) COUNTY OF f.,nllin~) The foregoing instrument was acknowledged before me this,-~ by Charles C. Smith, known to me. [NOTAR/AL SEAL] AU$ 0 3 ~999 __ day c~f ,1999 Vice President of Habitat for Humanity of Collier County, Inc. He is personally Signa~f Person Taking Acknowledgmel~ Name of Acknowledger Typed, Printed or SlOped &DATED:'~ '" . ATTEST: -'~;..'~, i~ DWmHT E:BR6g~C, Clerk s t goatee ~1~. - Approved ~'to fora ~d legal sufficiency Assist~t Co~ A~omey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , B jd/c/naples manor addn/agree/bk21otl 0 - 5 - OR: 2578 PG: 2538~ AU6 0 3 '1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 13, BLOCK 15 NAPLES MANOR ADDITION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 68, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - PLES I~ A I',10 I~ ADDITIO I',,I 'DESCRIPTION NOTE' THE DESCRIPTION GIVEN ON · I,='~: SHEET I OF E INCLUDES THAT DELINEATED ON SHEET' -~' ~. OF '2 SHOWN HEREON. SCALE: i INCH = i00' *** OR: 25?8 PG: 2539 Il I RESOLUTION NO. 99- 308 ~L~f~ 0 ~ ]999 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL FACILITIES IMPACT FEES, REGIONAL WATER AND/OR SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 12 BLOCK 5, NAPLES MANOR EXTENSION, COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot 12, Block 5, Naples Manor Extension which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated May 5, 1999 for a waiver of impact fees for the construction of a house on Lot 12, Block 5, Naples Manor Extension, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee Ordinance, Ordinance No. 99-52; Section 3.04 of the Regional Water and/or Sewer System Impact Fee Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee ordinance, ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and - 1 - WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY COLLIER COUNTY, FLORIDA, that: 1. THE BOARD OF COUNTY COMMISSIONERS OF The Board of County Commissioners hereby authorizes the County Manager to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Lot 12, Block 5, Naples Manor Extension, Collier County, Florida. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 12, Block 5, Naples Manor Extension by Habitat for Humanity of Collier County, Inc.: Fo A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks Impact Fee: 820.84 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee Water Impact Fee Sewer Impact Fee Correctional Facilities Impact Fee TOTAL IMPACT FEES o 1,778.00 1,275.00 1,575.00 117.98 $7,140.34 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. - 2 - This Resolution adopted after motion, second and majority vote favoring same. DATED: ~ ,S~// ATTEST: DWIGHT E. BROCK, Clerk s~guatare oall' ApprOved as to mrm and legal sufficiency: ~/~, ~/~ J .,4, fl~di ~: X~hton Assistant CounW A~omey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA jcl/c/Naples Manor Extension/reso - 3 - EXHIBIT "A" LEGAL DESCRIPTION LOT 12 OF BLOCK 5, NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. ACKNOWl..r-.D~ME. NT . ~T~TG or rI. ONIO~ , pCNI<)N~-LY &mliG~NI'~ J'"' ~'~:~ ~----.~ ..... u ~&~C ~o BC ~N' FRCC 'AG~ ~ DC~ A~ T~ AC.T ~tdD ~CCD or ~N&I~ DGV~OP~N~ · ~D ~NPO~ION FLC)~ irmA. ~AN~G ~j '1 t AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this~__~ay of ~: 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 99-52, the Collier County Correctional Facilities Impact Fee Ordinance; Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99- ~ 6 ~ at its regular meeting of ~~:~.~~, 1999; and - 1 - WHEREAS, the Impact Fee Ordinance requires that the OWNER'enter into an Agreement with the COUNTY. .~lJ0 0 NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. bo eo The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead of owner; The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7,140.34 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing - 2 - impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. : 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the - 3 - one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. ~ 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: ~J~rint Name~,_~j~ ~,~ .~.~.~ OWNERS: STATE OF .El.9.lidg~) COUNTY OF Collier ) HABITA~ FOR HUMA~TY OF B~nt - 4 - The foregoing instrument was acknowledged before me this 3 day o~--.-~-~ ,1999 by Charles C. Smith, Vice President of Habitat for Humanity of Collier Count~l~-c. He is personally - known to me. [NOTARIAL SEAL] Si~e of Person Ta~dng Ackn~wleq~rnent "' L/~'~;~ ~'~T-tedo Stam ed ATTEST: DWIGHT E. BROCK, Clerk Attest to Chairman's slgaature Approved as to form and legal sufficiency Heid{ F~ Ashtofi ' Assis~ Coum~ A~om~ jd/c/naples manor addn/agreegokl 3lot 14 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: AU6 O 3 !999 EXHIBIT "A" LEGAL DESCRIPTION LOT 12, BLOCK 5, NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - OR: 2518 PG: 1444 N XTE NS (IN *** OR: 2578 PG: 2546 **~ AC. KNOWLF_.DGM~- N T .~.O~)r~TY OF COLL-ICl~ 'T),~C: ~AWI, O~ r~.o~ ~ %'o MC. ~I~OWN ~0 ~C ~c. c.o- .,j 4~ RESOLUTION NO. 99- 309 ~[JG D ~ 't~ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL FACILITIES IMPACT FEES, REGIONAL WATER AND/OR SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 13 BLOCK 5, NAPLES MANOR EXTENSION, COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot 13, Block 5, Naples Manor Extension which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated May 5, 1999 for a waiver of impact fees for the construction of a house on Lot 13, Block 5, Naples Manor Extension, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee Ordinance, Ordinance No. 99-52; Section 3.04 of the Regional Water and/or Sewer System Impact Fee Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the Pm'ks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and - 1 - WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: ,~ A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. The Dwelling Unit shall be the Homestead of the owner. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of Co D. occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY COLLIER COUNTY, FLORIDA, that: 1. THE BOARD OF COUNTY COMMISSIONERS OF The Board of County Commissioners hereby authorizes the County Manager to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Lot 13, Block 5, Naples Manor Extension, Collier County, Florida. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 13, Block 5, Naples Manor Extension by Habitat for Humanity of Collier County, Inc.: Fo A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks Impact Fee: 820.84 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee Water Impact Fee Sewer Impact Fee Correctional Facilities Impact Fee TOTAL IMPACT FEES o 1,778.00 1,275.00 1,575.00 1!7,98 $7,140.34 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. - 2 - This Resolution adopted after motion, second and majority vote favoring same:: DATED:~-~/~ ATTEST: DWIGHT E. BROCK; Clerk .Attest 'slgaatore Approved as tO form and legal sufficiency: l~teidi P. Xs~ton Assistant CounW A~omey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , By: ~ I~¢aM'ELK S. MAC'KIE,:AIRWOMAN jd/c/Naples Manor Extension/reso - 3 - EXHIBIT "A" LEGAL DESCRIPTION LOT 13 OF BLOCK 5, NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED 1N PLAT BOOK 3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 4 - 'ION, ,~C I~ N OW L..E: D O, k4E: N T . ST~YC. or rI. ONID~ · C~,I:) UNTY Of' · F)C: ~ 1,ONe, Wi-lO CXC.~L.,IT~D .Ti-q;' ' r, oN~{)O.~ req~. A¢.T At~D OCI~-D Or ~iq&l~, OGV[~,.OP[:N~ ikic~ · ~ vJ ' 't I % cl..-.(n."< ~,,,O. ~.~0 &ND y',,:,~l Out. Y f~CC, ol~-~ _ ~LA'T ,oo~ ~o. C:~AT f~.,~GC ~o._~_~ AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES This A~reement for the Waiver of Impact Fees entered into this~ay of ~..~.~ 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinaf~r referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as WITNESSETH: WHEREAS, Collier County Ordinance No. 99-52, the Collier County Correctional Facilities Impact Fee Ordinance; Collier County OrdinanCe No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance l;l~lig ° ~' 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinanc~ as they may be further amended from time to time hereinafter collectively referred to as "Impact ~ o~ . Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling '~llxit ~." ~ qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban ~ Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's_., application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impacl fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-~30 ~ at its regular meeting of t~}~a.~r~,g, ,1999; and - 21. - WHEREAS, the Impact Agreement with the COUNTY. AUG p 3 1999 Fee Ordinance requires that the OWNER enter into an NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling trait (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and wan'ants the following: a. The Dwelling Unit shall be sold to a household with a very Iow income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7,140.34 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing - 2 - impact fee Ordinance. waiver qualification criteria detailed in the Impact Fee 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the - 3 - impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-complianCe. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: ,.. STATE OF Florida ) COUNTY OF Collier ) OWNERS: HABITAT FOR HUMANITY OF COLLIDE? COUN~ - 4 - The foregoing instrument was acknowledged before me this ~ day of~,~f~._, 1999 by Charles C. Smith, Vice President of Habitat for Humanity of Collier County(.lrfc. He is personally known to me. [NOI:AmAL SEAL] ~. ,2, DATED: ~ ATTEST: DWIGHT E. BROck'Clerk Approved ~ to fo~ ~d legal sufficiency Assist~t Co~ A~omey Name of Acknowledger Typed, Printed or S~mped AUG 0 3 1999 BOARD oF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~ P~OMAN jd/c/naples manor addn/agree/bk131ot14 - 5 - 2578 PG: EXIHRIT "A' LEGAL DESCRIPTION LOT 13, BLOCK 5, NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - XTN NSX{IN *** OR: 2518 PG: 1437 · *** OR: 2578 PG: 2553 RESOLUTION NO. 99- 310 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL FACILITIES IMPACT FEES, REGIONAL WATER AND/OR SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 14, BLOCK 5, NAPLES MANOR EXTENSION, COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot 14, Block 5, Naples Manor Extension which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated May 5, 1999 for a waiver of impact fees for the construction of a house on Lot 14, Block 5, Naples Manor Extension, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee Ordinance, Ordinance No. 99-52; Section 3.04 of the Regional Water and/or Sewer System Impact Fee Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and - 1 - WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: ~ A. Thc Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. Thc Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Manager to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Lot 14, Block 5, Naples Manor Extension, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 14, Block 5, Naples Manor Extension by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks Impact Fee: 820.84 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Water Impact Fee 1,275.00 G. Sewer Impact Fee 1,575.00 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES o $7,140.34 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. - 2 - This Resolution adopted after motion, second and majority vote favoring same. O~ ~Jg~ ATTesT,. ., DWIGHT E. BROCK, Clerk Attest as to Chalra~'$ Approved as to form and legal sufficiency: :,,,z /,t'~ Assistant Cou~ A~o~c7 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~ P/~I'ELA S. MAC'KIE, C~(AIR~0MAN jd/c/Naples Manor Extension/reso - 3 - EXHIBIT "A" LEGAL DESCRIPTION LOT 14, BLOCK 5, NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 4 - :' XTF NS:{}N ACKNOWLEDGMENT .~:UG ~ 3 199~ .P'l v I, ' '1 I : ' . ,.,.": AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this~__~ay of~- 1999, by and between the Board of County Commissioners of Collier County, Florida, hereiiaafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 99-52, the Collier County Correctional Facilities Impact Fee Ordinance; Collier County OrdinanCe No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99.~/O at its regular meeting of ~ ~, ,1999; and - 1 - WHEREAS, the Impact Fee Agreement with the COUNTY. Ordinance requires that the OWNER enter into an AUI 0 3 1999 NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as ~bllows: ~ 1. RECITALS INCORPORATED. The foregoing recitals are tree and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: ao The Dwelling Unit shall be sold to a household with a very Iow income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; The Dwelling Unit shall be sold to a first-time home buyer; The Dwelling Unit shall be the homestead of owner; The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7,140.34 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing - 2 - impact fee waiver qualification criteria detailed in the Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit'subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQU-IREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the Impact Fee - 3 - impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fii~een (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualifcation criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in ~ull by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fi:teen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year frst above written. Witnesses: rint Name '~_~-~,,;-~._ '~'~'~~7 STATE OF Florida ) COUNTY OF Collier ) OWNERS: HABITAT FOR HUMANITY OF ~rar%[ ~. S~e mresXi~lent - 4 - The foregoing instrument was acknowledged before me this by Charles C. Smith, known to me. [NOTARIAL SEAL] ,~ daybf '~,1999 Vice President of Habitat for Humanity of Collier Countj, Inc. He is personally x,.//~~.~e~' .~_"~-Z- ~- or ~tamped Name of Acknowledger Typed, Printed ATTEST: ':" DWIGHT E. BROCK, Clerk .A. tt~st as to Chai'hua's Signature onll.'" Approved aS'to form and legal sufficiency Assistant County Attorney BOARD OF COUNTY COMMISSIONERS PAMELA S. MAC'KIE//~HAIRWOMAN jcl/c/naples manor addn/agree/bkl31otl4 - 5 - EXIqIBIT "A" LEGAL DESCRIPTION LOT 14, BLOCK 5, NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - *** OR: 2518 PG: 1437 NXTF NS {IN . *** OR: 2578 PG: 2560 *** RESOLUTION NO. 99- g 11 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL FACILITIES IMPACT FEES, REGIONAL WATER AND/OR SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 40, BLOCK 11, NAPLES MANOR EXTENSION, COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordande with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Parmership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot 40, Block 11 Naples Manor Extension which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated May 5, 1999 for a waiver of impact fees for the construction of a house on Lot 40, Block 11 Naples Manor Extension, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee Ordinance, Ordinance No. 99-52; Section 3.04 of the Regional Water and/or Sewer System Impact Fee Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and - 1 - WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit' shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years fi.om the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY, FLORIDA, that: 1. BOARD OF COUNTY COMMISSIONERS OF The Board of County Commissioners hereby authorizes the County Manager to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Lot 40, Block 11 Naples Manor Extension, Collier County, Florida. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 40, Block 11 Naples Manor Extension by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks Impact Fee: 820.84 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Water Impact Fee 1,275.00 G. Sewer Impact Fee 1,575.00 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES $7,140.34 3. The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. - 2 - This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, clerk ttest as to Chatr~,s Approvea as to mrm legal sufficiency: ne~di ~? X~ton ' Assistant Coun~ ARomey BOARD OF COUNTY COMMISSIONERS ~A~E~SA ~. ~AC'rdE, CH/~WOM~aq jd/c/Naples Manor Extension/reso - 3 - EXHIBIT "A" LEGAL DESCRIPTION LOT 40, BLOCK 11. NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 4 - ~.'¢0' · 2502 PG:' 0812 **~ AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thi~ of ~. 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 99-52, the Collier County Correctional Facilities Impact Fee Ordinance; Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-,~// at its regular meeting of n~~~~, 1999; and -- 3. -- WHEREAS, the Impact Agreement with the COUNTY. Fee Ordinance requires that the OWNER enter into an NOW, THEREFORE, in consideration of the foregoing recitals, the parties.covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are tree and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a fa'st-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7,140.34 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing - 2 - impact fee waiver qualification Ordinance. criteria detailed in the Impact Fee 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the - 3 - one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: ~fi~t Name ~fint Sme~~ HABITA~ FOR HUMANIT~Y OF By: ~g_4 i., //t2.t ~ ~ \ ~/g'fiartl'~s ~2'. ~~e Pre'e~dent STATE OF Florida ) COUNTY OF Collier ) - 4 - [NOTARIAL SEAL] · The foregoing instrument was acknowledged before me this _.~ day ~ ,1999 by Charles C. Smith, Vice President of Habitat for Humanity of Collier Counfy¢~c. He is personally known to me. t(mre of Person Taking Aclmox~I/~dgrnent Name of Acknowledger Typed, Pn'ntedror Stamped DATED: ~~-'~ ~/2'~/~ ATTEST: DWIGHTE. BROCK, Clerk · 5 Attest as to Chalrm~n's ^i prowd legal sUfficiency ~sist~t Co~ty A~omey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By~~,7 :/PAME~~MAN jd/c/naples manor addn/agree/bk131ot14 - 5 - EXIHBIT "A" LEGAL DESCRIPTION LOT 40, BLOCK 11, NAPLES MANOR ExTENsION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. , - 6 - RESOLUTION NO. 99-_3_12.___ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL FACILITIES IMPACT FEES, REGIONAL WATER AND/OR SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 4, BLOCK 12, NAPLES MANOR EXTENSION, COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot 4, Block 12 Naples Manor Extension which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated May 5, 1999 for a waiver of impact fees for the construction of a house on Lot 4, Block 12 Naples Manor Extension, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee Ordinance, Ordinance No. 99-52; Section 3.04 of the Regional Water and/or Sewer System Impact Fee Ordinance, ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and - 1 - WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. The Dwelling Unit shall be the Homestead of the owner. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of Co D. occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY COLLIER COUNTY, FLORIDA, that: 1. o THE BOARD OF COUNTY COMMISSIONERS OF The Board of County Commissioners hereby authorizes the County Manager to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Lot 4, Block 12 Naples Manor Extension, Collier County, Florida. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 4, Block 12 Naples Manor Extension by Habitat for Humanity of Collier County, Inc.: Fo A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks Impact Fee: 820.84 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee Water Impact Fee Sewer Impact Fee Correctional Facilities Impact Fee TOTAL IMPACT FEES 1,778.00 1,275.00 1,575.00 117.98 $7,140.34 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. - 2 - This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BRocK,' Clerk At'est Sl~)fiati~re to~o~ and Approved as legal sufficicncg: Heidi F. Ashton Assistant Coun~ ARomey BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:~(I~EL~ S. MAC'KIE, CH~I~VOMA~ jd/c/Naplcs Manor Extension/reso - 3 - EXHIBIT "A" LEGAL DESCRIPTION LOT 4, BLOCK 12, NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 4 - TION, aCl~ NOWLE[:)~MF' NT ~C ~w~ Or rco~ TO ~C. ~WN ~O BC ~ · PC~ w~ CX~TCD .THC '~On~O~O r~ ~ND ~HCY ~CK~W~DGCD. T~ CX~CUT~f~ Or. -- . ,c. c.o,,. ',% % AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into this..q_ day of 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WITNESSETH: WHEREAS, Collier County Ordinance No. 99-52, the Collier County Correctional Facilities Impact Fee Ordinance; Collier County Ordinance No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71 as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-,~/,,7, at its regular meeting of ~ ,1999; and - 1 - WHEREAS, the Impact Fee Ordinance requires that the OWNER' enter into~an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the part{~s, eovenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is i~;sued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7,140.34 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing - 2 - impact fee waiver qualification criteria detailed in the Impact Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the AU0 0:3 impact fees due with~ thing (30) days of said non-compliance, or (2) wh~e O~R v~o~ates one of ~e affordable housing qualification c~te~a ~ ~e ~pact Fee O~n~ce fo~ a pe~od of fi~een (15) ~ys a~er notice of ~e violation. :; 12. ~D~S. Should ~e O~R of the prope~ f~l to comply with ~e s~d qualification criteria at ~y t~e d~ng ~e fiReen (15) ye~ period or should O~R violate ~y provisions of tbs A~eemem, ~e impact fees waived shall be p~d in ~11 by O~R wi~n ~ (30) days of said non-compli~ce. O~R a~ees ~t ~e impact fees w~ved shall co~timte a lien on the Dwelling U~t co~encing on ~e effective date of ~s A~eement ~d cont~uing for fi~een (15) ye~s ~om ~e date of issu~ce of~e ceffificme of occup~cy or ~til rep~d. Such lien sh~l be superior ~d p~mo~t to ~e ~terest in ~e Dwelling U~t of ~y o~er, lessee, ten~t, mo~gagee, or o~er person except ~e lien for Co~W t~es ~d shall be on P~W wi~ ~e lien of ~y such Co~ t~es. Should ~e O~R be in default of ~s A~eement ~d ~e default is not c~ed wit~ (30) days ~er ~en notice to O~R, the Bo~d may bring a civil action to enfome t~s a~eement. ~ ad~tion, the lien may be foreclosed or o~e~ise enforced by ~e CO~TY by action or suit ~ equiW ~ for the foreclos~e of a mo~gage on re~ prope~. ~s remedy is cmulative with ~y other fi~t or remedy av~lable to the CO~. The Bo~d shall be entitled to r~over all fees ~d costs, including a~omeys fees, ~c~ed by ~e Bo~d in enforcing t~s a~eement, plus interest at the stamto~ rate for jud~ents calculated on a calend~ day b~is ~til p~d. ~ ~SS ~E~OF, the p~ies have executed t~s A~eement for Waiver of ~pact Fees on ~e date ~d ye~ first above ~Ren. Witnesses: STATE OF Florida ) COUNTY OF Collier ) OWNERS: HABITAT FOR HUMANITYpF co 'co .UNVV, INC/711 - C~ ~ ' ldent - 4 - The foregoing instrument was acknowledged before me this 3 day of~, 1999 by Charles C. Smith, Vice President of Habitat for Humanity of Collier County, l~c. He is personally" known to me. [NOTARIAL SEAL] S~gn~/~e ofPers°n Taking'-'Acknowledl~nent Name of Acknowledger Typed, Prigfed or Stamped AUG 0 DATED: ~'-~, ATTEST: -DWIGHT E. BROCK, Clerk Attest Rs to Chair~mm)'$ slgn'atuce onljF. Approved as to form and legal sufficiency I-feidi F.' Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~." jd/c/naples manor addrdagreePok131ot14 - $ - OR' 2578 PG: 2573 EXHIBIT "A" LEGAL DESCRIPTION LOT 4, BLOCK 12, NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. , - 6 - R XTF NS {IN ri-D AS IHOWN~ ANC) A~--., K N OW L.F-..D GMr' N T 4~ / -%, -1 / : / ~% '.'..::.,. RESOLUTION NO. 99- 313 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL FACILITIES IMPACT FEES, REGIONAL WATER AND/OR SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 6, BLOCK 12, NAPLES MANOR EXTENSION, COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot 6, Block 12 Naples Manor Extension which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated May 5, 1999 for a waiver of impact fees for the construction of a house on Lot 6, Block 12 Naples Manor Extension, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee Ordinance, Ordinance No. 99-52; Section 3.04 of the Regional Water and/or Sewer System Impact Fee Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and - 1 - WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact~fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Manager to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Lot 6, Block 12 Naples Manor Extension, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 6, Block 12 Naples Manor Extension by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks Impact Fee: 820.84 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Water Impact Fee 1,275.00 G. Sewer Impact Fee 1,575.00 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES $7,140.34 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. - 2 - This Resolution adopted after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK,'~lerk Attest as to ChalrZian's Approved as to form and legal sufficiency: Heidi ~ ~s~ton' Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~ PAMELA S. MAC'KIE, CI~IR~OMAN / jd/c/Naples Manor Extension/reso - 3 - EXHIBIT "A" LEGAL DESCRIPTION LOT 6, BLOCK 12, NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 4 - TION. ACI~NOWL.F-D~MCNT ~U~ ~ 3 19.1::J~ $?~Tr.. or rNONIO~ · PCN~N~ w~o CX~UT~D ,THC T~N ~ND ~HCY ~G~W'~D~CD. .4k ' 'I I I I ..'t .... ',~'. ; ,. ,. :; .... .: AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES This Agreement for the Waiver of Impact Fees entered into thi~of ~ 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER.' WITNESSETH: WHEREAS, Collier County Ordinance No. 99-52, the Collier County Correctional Facilities Impact Fee Ordinance; Collier County OrdinanCe No. 98-69, the Collier County Regional Water and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-~/,,.~ at its regular meeting of~, 1999; and _ '] WHEREAS, the Impact Agreement with the COUNTY. - AUG 0 3 Fee Ordinance requires that the OWNER enter into an NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are tree and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. OWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing fi.om the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $7,140.34 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing - 2 - AU6 I'I ~ 'IQQQ impact fee waiver qualification criteria detailed in the Impact Fee Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling L~nit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall run with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recOrded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the - 3 - impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-complianCe. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (l 5) years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver of Impact Fees on the date and year first above written. Witnesses: Print Nam~U~,a...,.,~ ~P~fnt Name OWNERS: COLLIER,~DUNTY; INC. C STATE OF Florida ) COUNTY OF Collier ) - 4 - The foregoing instrument was acknowledged before me this 3 day of~.,~... , 1999 by Charles C. Smith, Vice Premdent of Habitat for Humamty of Collier Coun~onally .. known to me. [NOT~ SEAL] ~ture of person Taking Acknowl0l~gment ame of Acknowledger Typed, Printedj~Stamped ttest as,.~4~,~Cha trman's sl~ature cm 11~, Approved as to torm and legaI sufficiency BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY:/P~WOMAN Heidi F. Ashton Assistant County Attorney jd/c/napIes manor addrdagree/bk131ot14 - 5 - 2578 PG: 2580 EXHIBIT "A" LEGAL DESCRIPTION LOT 6, BLOCK 12, NAPLES MANOR EXTENSION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 3, AT PAGE 98, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 6 - 2518 ?6:1444 E XTE NS (IN OR: 2578 PG: 2581 ~.C. PC i'~ OWL-~ ~lv~ C r~J T /. -& '. t 4& August 3, 1999 Item #16A16 EXTENSION FOR THE TOURISM ADVERTISING AND PROMOTION AGREEMENT BETWEEN COLLIER COUNTY AND THE TOURISM ALLIANCE OF COLLIER COUNTY Page 174 SECOND AMENDMENT TO 1998 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE TOURISM ALLIANCE OF COLLIER COUNTY REGARDING ADVERTISING AND PROMOTION THIS SECOND AMENDMENT TO AGREEMENT, is made and entered into this .~ ~ day of ~)~:z;, 1999, by and between the Tourism Alliance of Collier County, composed of Visit Naples, Inc. and the Marco Island Chamber of Commerce, Inc. on behalf of the Marco Island and Everglades Convention and Visitors Bureau, hereinatter collectively referred to as "GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY." RECITALS WHEREAS, the COUNTY and the GRANTEE entered into a 1998 Tourism Agreement dated September 1, 1998 (the "Agreement") in the amount of One Million, One Hundred Ninety-five Thousand, Four Hundred and Twenty-nine Dollars ($1,195,429.00); and WHEREAS, the COUNTY and the GRANTEE entered into a First Amendment to 1998 Agreement dated April 27, 1999; and WHEREAS, GRANTEE has requested an extension to the term of the Agreement; and WHEREAS, the COUNTY agrees to the requested extension. WITNESSETH: NOW, THEREFORE, BASED ON THE MUTUAL COVENANTS HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. Section 14 to the Agreement shall be deleted in its entirety and replaced with the following language: ~RM: This Agreement shall become effective September 1, 1999 and shall terminate on December 31, 1999. Any funds not used by GRANTEE during the term of this Agreement shall be available for future applicants. 2. Except as set forth herein, all of the terms and provisions of the Agreement shall remain in full force and effect. TN W[TN~S$ W[~REOF, thc GRANTE~ and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals o~ thc date and yc~r first above written. "* DWIGHT. F.. BROCK, Clerk to. s'lgna,ture~only, ,,, .. WITNESSES:.." BOARD OF COUNTY COMMISSIONERS By: ~" ' ~ ' PAMELA S. MAC'KIE, Chairwoman GRANTEE TOURISM ALLIANCE OF COLLIER COUNTY Printed/Typed Name Printcd/Typcd Name By~ Printed/Typed Title WITNESSES: PHntcd/Typcd Name By: Marco Island Chamber of Commerce, Inc. Printed/Typed Name Printed/Typed Title (corporate seal) Approved as to form and legal sufficiency Assistant County Attorney h:/hg/hfa/99TDC/i'~ Amend The Tourism Alliance of CC Item #16A17 FINAL PLAT OF .GOLDEN ACRES" August 3, 1999 Item #16A18 PARTICIPATING PARTY AGREEMENT WITH GLOBAL MANUFACTURING TECHNOLOGY, INC., AS PART OF THE CONTRACT REQUIREMENTS FOR THE 1999 CDBG ECONOMIC DEVELOPMENT GRANT Page 175 COLLIER COUNTY CONTRACT PARTICIPATING PARTY AGREEMENT 1999 by and between the Board of County commissioners of Collier County, Florida (hereinafter referred to as the "Recipient"); and Global Manufacturing Technology, Inc. (hereinafter referred to as the "Company'). RECITALS I. The Recipient is eligible for a Small Cities, Community Development Block Grant for Economic Development (CDBG-ED) from the Department of Community Affairs (hereinafter referred to as the ~DCA") State of Florida in the amount of $750,000. The purpose of this grant is to construct a manufacturing facility at an industrially zoned area known as the Immokalee Regional Airport, which is owned by Collier County. The specific conditions under which the CDBG-ED grant funds will be expended shall be contained in a DCA Contract with the Recipient (hereinafter referred to as the "Award Agreement). II. The CDBG-ED grant conditions the funding upon the Company taking certain actions with regard to the development of the property at White Lake for purposes consistent with the grant program. III. The Recipient and the Company desire to memorialize their understandings and obligations regarding the implementation of the CDBG-ED grant to the Recipient. THEREFORE, IN CONSIDERATION OF the foregoing recitals, and for other good end valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Recipient and the Company agree as follows: The Recipient's CDBG-ED application, as revised per site visit, submitted to DCA, dated March 26, 1999, (hereinafter "Application") is incorporated herein by reference and made a part hereof. The Company agrees to perform the specific activities previously agreed to by the Company in the Application and those recited herein. The term of ~his Participating Party Agreement shall commence he date that it is duly executed by both parties, and shall expire on the, date of DCA's approval of administrative close-hut of the Award Agreement and when all other conditions as specified by the Award Agreement and this Participating Party Agreement are met. The Company will create and satisfactorily document the creation and/or retention of at least Twenty Two (22) full-time equivalent permanent net new jobs, of which Twelve (12) full-time equivalent permanent net new jobs are to be made available to members of low income families as specified in the Application. If more than Twenty Two (22) full-time equivalent permanent net jobs are created, fifty-one percent (51%) of those jobs shall be made available to members of low and moderate income households. These jobs shall be created and/or retained no later than twenty-four (24) months from the date of this Participating Party Agreement, as it may be amended. Documentation shall be the Florida Small Cities CDBG Program Pre-employment Household Income Verification Form for each job created (Attachment A). The requirement for documentation'of the creation and/or retention of these jobs shall be retained for a period of three (3) years following the expiration of this Participating Party Agreement. o The failure of the Company to create or cause to be created and/or retained or satisfactorily document the creation and/or retention of the agreed upon number of jobs made available to members of low or moderate income households, shall be an act of default by the Company under this Participating Party Agreement. o The Company shall provide or cause to be provided such training to members of low and moderate income households, as may be necessary to equip them with the skills required to obtain and retain the jobs created that have been designated in Application Form E-10 (G) (Attachment B) or any mutually agreed to revisions to Form E-10 (G). 2 e If requested by the Recipient, the Company shall provide to the Recipient or its agents such reasonable information concerning the. project as the Recipient may reasonably require as it relates' specifically to the conditions of the grant. o This Participating Party Agreement and any amendments thereto, must be approved by the DCA as to form aid content prior to execution. Upon approval of DCA, Participating Party Agreement shall be immediately executed, and a copy shall be mailed to the DCA by the Recipient, The right or approval granted to the DCA with respect to changes to the Participating Party Agreement between the Recipient and the Company shall survive the term of this Agreement. The DCA does not assume any liability or responsibility for the accuracy or enforceability of this Participating Party Agreement through the exercise of this right of approval. Any extension of the Award Agreement Pursuant to Florida Admin. Code 9B-43.014, shall act as an extension of this Participating Party Agreement. Failure of the Recipient to notify the Company of such an extension shall not invalidate this provision. o Enter into a lease for the Immokalee Regional Airport Manufacturing Facility Phase II at a Fair Market Lease Rate through the Collier County Airport Authority. The amount of the lease shall be determined upon completion of the Immokalee Regional Airport Manufacturing Facility Phase II based upon final costs. Rent charged to the Company shall not exceed 5% (five percent) above the original negotiated lease. 10. The Company shall be responsible for all maintenance for the Immokalee Regional Airport Manufacturing Facility Phase II and shall secure insurance of a type and amount to be negotiated with the Recipient. 11. At a minimum, the Company shall participate in the State of Florida's WAGES Program, and will hire at least one permanent full-time employee who is currently seeking work through this program. The hiring of this participant must be documented in writing with the Recipient as soon 3 after hiring as possible. 12. Company, in consideration of Ten Dollars ($10.00~, the receipt and sufficiency of which is acknowledged by the signing of this Agreement, covenants and agrees that it will defend, protect and save and keep, the Recipient, and its agents and employees, forever harmless and indemnified against and from any claims, suits and actions, penalty, damage, injury, attorneys' fees, costs or charges imposed, for any violation of any law or ordinance by the Company, whether occasioned by the neglect of company or those holding under Company, or otherwise, and that company will at all times defend, protect, indemnify and save and hold harmless the Recipient against and from all claims, suits, actions, loss, injury, costs, attorneys' fees, damage or expense, arising out of or incidental to the performance of this agreement by the Company, or work performed by Company, its agents and employees, under the CDBG-ED grant. This provision shall also pertain to any claims brought against Recipient by any employee of Company, any sub-contractor of the Company, or anyone directly or indirectly employed by any of them. 4 IN WITNESS WHEREOF, the Recipient and the Company have executed this agreement as of the date first written above. ATTEST: ;. '~ DWIGHT E. BROCK Attest,as.to.'.Chatrnan's signature o~1~. APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~DI"'F. ASHTON ASSISTANT COUNTY ATTORNEY BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA. A POLITICAL SUBDIVI~0~OF THE STATE OF FL0~I~A By: ~AMELA S. MAC' KIE, CHA~WOMAN Date: AU~ - 9 lggg ATTEST: By~~b~GLOBAL MANUFACTU~N,G~~~.TECHNOLOGY,6 k/., INC. DONNA A. FOX - PRESIDENT/TREASURER PRINT NAME AND TITLE ~/-r'- SIGNATu~ PRINT NAME AND TITLE Date: Date: Attachment A PRE-EMPLOYMENT HOUSEHOLD INCOME VERIFICATION FORM ~qq~ NAME OF JOB APPLICANT HOME ADDRESS PHONE MAILING ADDRESS NUMBER OF PERSONS LIVING AT THE ABOVE ADDRESS BASED UPON THE NUMBER OF PERSONS LIVING IN YOUR HOUSEHOLD, PLEASE STATE WHETHER THE INCOME FOR YOUR HOUSEHOLD WAS BELOW THE SPECIFIED RANGE DURING THE LAST TWELVE MONTHS. NUMBER OF PERSONS IN HOUSEHOLD INCOME RANGE FOR 1999 1 $0.00 TO 2 $0.00 TO 3 $0.00 TO 4 $o.oo TO 5 $0.00 TO 6 $0.00 TO 7 $0.00 TO 8 $0.00 TO $33 100 $37.800 $42.550 $47 300 $51 05O $54 85o $58 650 $62 40O WAS YOUR INCOME BELOW THIS RANGE Yes No Yes No Yes No Yes No Yes No Yes No Yes No Yes No Please indicate how many people in each of the following categories reside in the household. Some members may need to be counted in more than one category. American Indian/Alaskan Native Asian or Pacific Islander Black, Non-Hispanic Elderly (60+) Female Head of Household Handicapped Hispanic White, Non-Hispanic The above information is required by the federal government solely to monitor compliance with equal opportunity employment laws and will not be used for other purposes. Should a job applicant decline to disclose the above information, the employer is required to note race and sex based on visual observation or surname. I affirm that the information stated on this form is true and accurately reflects the composition and income data of the household in which I reside. JOB APPLICANT'S SIGNATURE G:\ CDBG Economic Development Grant - Incubator Facility Immok 1999\Letter - Pre-employment Verification Form.doc ( You may copy this form as needed ) DATE 6 Attachment B , (G) PARTICIPATING PARTY'S PROPOSED NEW JOB CREATION INFORMATION CDBG-E-10 SUPPORTING DOCUMENTATION THAT MUST BE SUBMITTED WITH THE APPLICATION PARTICIPATING PARTY(S) PROPOSED NEW JOB CREATION INFORMATION NAME OF PARTICIPATING PARTY Global Manufacturing Technology, Inc.* JOB TITLE OF HOURLY TOTAL FTE TOTAL FTE TOTAL TOTAL ANNUAL PROPOSED CREATED JOB PAY RATE JOBS TO JOBS TO BE ANNUAL PAYROLL FOR HIRING DATE OR ANNUAL BE CREATED PAYROLL JOBS TO BE MONTH/YEAR PAY RATES CREATED FOR LMI FOR THIS JOB CREATED FOR PERSONS TITLE LMI PERSONS Assembly person $ 21,000 5 5 $105,000 $ 105,000 5/01-9101 Receiving/Attendant $ 21,000 1 1 $ 21,000 $ 21,000 12/2000 Machinist $ 25,000 4 0 $ 100,000 6/01 -- 9/01 CNCOperators $ 20,000 4 4 $ 80,000 $ 80,000 05/01-09/01 CustomsTech. $ 25,000 1 0 $ 25,000 09/2001 Maintenance Worker $ 18,000 2 2 $ 32,000 $ 32,000 06/01-09/01 Wet Process. Painters $ 24,000 2 0 $ 48,000 08/01-09/01 Assembly Supervisor $ 30,000 I 0 $ 30,000 07/2001 Bookkeeper $ 25,000 I 0 $ 25,000 09/2001 GeneralManager $ 30,000 1 0 $ 30,000 10/2000 TOTALS 22 12 $ 496,000 $ 238,000 August 3, 1999 Item #16A19 LEASE AGREEMENT BETWEEN COLLIER COUNTY AND PRIMESITE CONSULTING GROUP, INC. FOR THE CONSTRUCTION AND OPERATION OF A MONOPOLE COMMUNICATIONS TOWER WITHIN THE SOUTH WATER TREATMENT PLANT SITE Page 176 GROUND LEASE AGREEMENT FOR COMMUNICJ, TIONS TOWER AU6- 3 1999 Site'. THIS GROUND LEASE AGREEMENT ("Lease"), is entered into effectively on then~_z~-day of z57~.o.,,~e,~,,/.a/q~,, the ("Commencement Date"), and between the two (2) parties: Collie~ County ("OWNER") and Primesite Consulting Group, Inc. A Florida corporation (hereinafter "TENANT"). The parties agree as tbllows: 1. The Property: Owner's Property; The Leased Area; And Tenant's Property. A. OWNER owns a pargel of land that has the following address: GOLDEN GATE WATER TREATMENT PLANT, Collier County, Florida, herein called ("OWNER's Land"), which is shown on attached Exhibit Al. TENANT is in the communications business and desires to lease land and an access easement thereto, referred to herein collectively as the LEASED AREA. OWNER's property is a parcel of land that is larger in area than the LEASED AREA whereby the LEASED AREA is but a part of OWNER's Land. All personal property brought onto the LEASED AREA by or on behalf of TENANT is referred to herein as "TENANT's Property." Any personal property brought onto the LEASED AREA by OWNER or on behalf of OWNER is referred to herein as "OWNER's Property." Any property brought onto the LEASED AREA by any third party is referred to herein as "Third Party Property." B. OWNER hereby leases the LEASED AREA to TENANT. This Lease is not a Franchise under any law, rule or regulation. The LEASED AREA comprises 3600 square feet of land: a 60 foot by 60 foot parcel, plus an access easement thereto; both of which are as shown on the attached Exhibit A. C. OWNER and TENANT ("the parties") hereby agree that the LEASED AREA may be surveyed by a licensed surveyor at TENANT'S costs, which survey may replace Exhibit A and become a part hereof and shall supersede the Exhibit A in the event of any discrepancy between such survey and the general reference description of Paragraph 1 .B., above. 2. Access Easement. OWNER hereby grants to TENANT a non-exclusive access easement (during the entire life of this lease) for free access to the LEASED AREA seven (7) days a week, twenty-four (24) hours a day, 365 days a year. No above- ground structures shall be constructed in that access easement without the expressed written consent of TENANT. Refer to "Access Clarification Addendum," attached hereto, regarding this paragraph. 3. Lease Term And Rent. A. RENT PAYABLE IN MONEY This lease has an initial term of ten (10) years from its Commencement Date. The initial annual rent shall be THIRTY SIX THOUSAND ONE HUNDRED TWENTY Dollars ($36,120.000), pro-rated at 1/1~'m of the total per month. One year's annual rent shall be paid annually in advance beginning on the Commencement Date, and thereafter not later than each anniversary of the Commencement Date. Rent shall be paid to OWNER (or as OWNER may otherwise direct to TENANT fi'om time-to-time in writing at least 30 days before the respective next rent payment due date). Prior to and until the first day of the month following commencement of delivery of any of TENANT'S property onto the LEASED AREA, the Annual Rent shall be Twelve Hundred Dollars ($1200.00), twelve (12) months of which shall be prepaid in advance. Any unearned balance thereof shall be credited against TENANT'S first payment of the initial annual rental. In the event that TENANT has not delivered any of its Property to thc LEASED AREA prior to the first anniversary AUG- 3 1999 date of this lease, TENANT may either terminate this Agreement for whatever reason upon written notice to Owner, without further obligation or liability to OWNER; or TENANT may elect that this Agreement remain in full force and effect. If this Agreement remains in effect, the $100.00 per month rent shall automatically increase to the specified annual rental per year, payable in full for the second lease year not later than the first anniversary date of this Lease. TENANT shall throughout this lease pay OWNER a late payment charge equal to five percent (5%) of any monthly rental payment not paid promptly when due. Any amounts not paid within thirty (30) days of its due date shall also accrue interest of two percent (2%) per month or at the highest interest rate then allowed by law, whichever is the higher rate, which interest shall be paid by TENANT to OWNER. As additional one-time consideration for the execution of this Lease by OWNER, TENANT will pay OWNER the sum often thousand dollars ($10,000.00) to be used by OWNER to make improvements to OWNER'S LAND. B. CASH DEPOSITS BY TENANT. TENANT shall also at the time of the payment of the first annual rent, deposit with OWNER a refundable rent security deposit of two month's rent plus TEN thousand dollars ($10,000), which deposit may be used by OWNER in the event TENANT breaches this Lease and any breach results in OWNER incurring expenses that would have not been incurred but for TENANT'S breach, including expenses for removal of any of TENANT'S property (including the tower) from the LEASED AREA. If in time OWNER deems such deposit, with accrued compounded interest accrued thereon, to be insufficient to insure the necessary funds to be available to remove the tower and all other of TENANT'S property from the LEASED AREA, TENANT shall increase that deposit as demanded in writing by OWNER, but not to exceed fifteen thousand dollars ($15,000) unless OWNER has good cause to conclude that such projected actual costs will exceed the then existing security deposit. OWNER shall have all right and title to interest that accrues on all security deposits. If the parties hereto should enter one or more other tower site leases at one (1) or more other sites,, this deposit may be applied by OWNER to any one, some, or all of said other sites. C. LEASE EXTENSIONS. This lease shall have an initial term of ten (10) years. Provided OWNER has not then delivered to TENANT notice that OWNER has declared TENANT to be in default of this Lease, this Lease shall be automatically extended for five (5) additional years the end of the initial term of ten (10) years provided that not more than three hundred and sixty (360) days prior to the last day of the tenth (10~) lease year and not less than one hundred and eighty days (180) prior to that date, TENANT advises OWNER in writing of TENANT's intention ~OT to extend the Lease. Failure to supply such written notice shall operate as an extension of this Lease effective on the last day of the tenth (10th) lease year. AFTER THE FIFTEENTH LEASE YEAR: Provided OWNER has not then delivered to TENANT notice that OWNER has declared TENANT to be in default of this Lease, this Lease may be extended for an additional five (5) years at the end of the fifteenth (15th) lease year provided that not more than three hundred and sixty (360) days prior to the last day of the fifteenth (15t~) lease year and not less than one hundred and eighty days (180) prior to that date, TENANT advises OWNER in writing of TENANT's intention to extend the Lease and commence negotiations in that regard. Unless at that time waived in writing by the Board of County Commissioners, failure to supply such written notice shall operate as a termination of this Lease effective on the last day of the fifteenth (15th) lease year. D. AUTOMATIC RENT INCREASES. Commencing with the sixth (6a~) lease year, the annual rent for sixth lease year through the tenth lease year be the annual rent for the fifth lease year multiplied by one hundred and twenty percent (120%). Commencing with the first day of the eleventh (11h) lease year, the annual rent for eleventh lease year through the fifteenth lease year shall be the rent for the tenth lease year multiplied by one hundred and twenty percent (120%), which should be one hundred and forty-four percent (144%) of the rent for the fifth lease year. If the Lease, by mutual agreement, is extended beyond the fifteenth (15th) year, the existing annual rent for the sixteenth (16t~) lease year shall not be less than one hundred and seventy three (173%) of the rent for the fifth lease year unless agreed otherwise. Subject to OWNER'S timely receipt of such written notice of TENANT'S intention to extend the lease beyond the AUG- 3 fifteenth (15t~) lease year, OWNER and TENANT will negotiate in good faith to come to mutual agreement regarding terms and conditions of that extended lease term, which will become applicable as of the first day of the sixteenth (16a) lease year. If OWNER receives effective notice to extend the Lease but the parties can ~ot mutually agree to extend the lease on or before the last day of the fifteenth (15th) lease year, the lease shall terminate on the last day of the fifteenth (15th) lease year unless ~ parties then agree to continue thc negotiations. ~ 4. Use Of The Leased Area and Maximum Height of Structures. A. TENANT shall use the LEASED AREA to construct, replace, maintain, repair, and operate its communications facilities, consisting of one (1) monopole communications tower that shall not exceed a height of TWO HUNDRED (200) feet above ground level ("AGL"), exclusive of any and all antennas that will be installed thereon; antenna support structures and/or related operational facilities may be constructed on or near the ground within the LEASED AREA. TENANT shall license part of the tower and needed LEASED AREA to third parties, and use the leased area for any other then lawful uses directly related thereto. No antenna or other thing installed on the tower or at the LEASED AREA shall exceed a height of TWO HUNDRED (200) feet AGL. Subject to other provisions regarding approvals and technical specifications related thereto, any and all antenna arrays (including those of Third Parties) may from time-to-time be modified, added to, or substituted from. Each structure may be configured as requested by TENANT fi.om time-to-time, provided TENANT, at its sole expense, obtains all permits and/or other approvals required by all applicable jurisdictions, including OWNER, for each configuration. B. PLANS REVIEW BY OWNER. 1999 i. OWNER shall have the right to review and approve all plans for any and ali improvements installed within the LEASED AREA, which approval shall not be unreasonably withheld or unreasonably delayed. Prior to commencing any construction, TENANT (and each Third Party) shall submit a copy of its plans and specifications for all improvements to OWNER for review and/or approval. No improvement, construction, installation or alteration shall be commenced until plans for such have been approved by OWNER and any and all applicable permits have been issued to authorize same. Such plans shall include, if applicable to the improvement, fully dimensional site plans that are drawn to scale and show: (i) the proposed location of the antennas and equipment; (ii) any proposed changes to the landscape; (iii) the proposed type and height and type of fencing; (iv) the proposed color of all structures, including fencing; and, (v) the proposed type of construction for all structures, including fencing, and any other relevant details that OWNER may request in that instance. ii. All improvements shall be constructed in a workmanlike manner and shall be completed in compliance with all then applicable laws, rules, ordinances and regulations. Improvements to or within the LEASED AREA (and within the easement access area) shall be at no expense to OWNER. TENANT and all Licensees shall always maintain all of their improvements in a reasonable and functional condition throughout the life of this Lease to the reasonable satisfaction of OWNER. iii. TENANT shall allow OWNER free access to OWNER'S personal property within the LEASED AREA at all reasonable times that OWNER desires such access. In the unlikely event that OWNER may be required by law to install other personal property within the LEASED AREA, OWNER reserves the right to do so free of charge provided such property does not materially harm full use of the tower by TENANT and/or by any third party licensee whether or not then actually present on the tower or the LEASED AREA. iv. OWNER has no knowledge of any potential requirement to install any such property within the LEASED AREA. If the LEASED AREA is in a park, landscaping and security fencing are of particular concern to OWNER; And therefore TENANT shall be required to install, repair, and maintain landscaping and security fencing to the reasonable satisfaction of OWNER. AU{} - 3 1899 C. A T LEAST THREE COMMUNICATIONS SYSTEMS. i. The tower and all other facilities shall be designed and constructed so as to accommodate at least three (3) separate communications systems. TENANT shall have the first right of refusal to use all parts of the tower that are above NINETY (90) feet and below Two Hundred (200) feet above ground level ("AGL"). ii. TENANT hereby grants to OWNER the option (by license) to utilize, flee from the payment of any rent or any other charses whatsoever, that thirty foot (30') wide portion (band) of the tower between NINETY (90) feet AGL and THIRTY (30') feet above that level. OWNER may advise TENANT at any time(s) of OWNER'S desire to use such area, but OWNER shall not be required to make its decision(s) regarding its use of that area except in response to a bona fide offer from a Third Party to TENANT to license that space. OWNER may take up to sixty (60) days from the receipt of notification by tenant that an offer from .a Third Party has been received, which notice shall describe the offer in detail, to make its decision. If OWNER decides that it does not desire to use space for its own needs or for the use and benefit of any other Users, OWNER will not exercise its option to use that space and that decision shall thereby immediately release that space to TENANT for licensing to that Third Party. TIME IS OF THE ESSENCE regarding OWNER making its decision and OWNER must notify TENANT of its final decision at TENANT's earliest opportunity. iii. These valuable assets are to be used and shall not be reserved for remotely possible future uses. TENANT shall grant a non-assignable license to the remaining area(s) on the tower, (and such ground space as is then required) to a Third Party or Parties on such lawful and reasonable terms and conditions as chosen by TENANT. If space that is subject to Owner's option is licensed to a Third Party and that license comes to an end because that third party licensee no longer desires to utilize that space and that license is not assigned or otherwise transferred to any other responsible party, that circumstance shall automatically reinstate OWNER's option to elect to use that space, which option OWNER may then exercise or may wait until there is another offer from a Third Party to use that space. If OWNER decides to use that space, OWNER shall be required to meet the terms of the offer from the Third Party, except the total amount of rent and/or other payments that OWNER must pay to TENANT shall never exceed the rent then payable to OWNER by TENANT. iv. In the event OWNER desires to install equipment on the Tower, OWNER, at OWNER's expense, shall submit to TENANT the following: (a) detailed site plans as well as plans and specifications setting forth the proposed antenna and all other equipment, as well as all construction, installation, and other work to be performed on the Tower and LEASED AREA; and (b) a list of all frequencies then currently or then anticipated to be licensed, assigned or otherwise granted to OWNER by the FCC. v. If required by TENANT, OWNER shall also submit a structural analysis of the Tower addressing the installation of additional antenna and other equipment on the Tower and demonstrating that the installation of such items will not exceed the wind loading or other relevant capacities of the Tower. OWNER shall not install any equipment or commence any work on the Tower or the LEASED AREA until TENANT approves, in writing, the OWNER's plans and specifications, frequencies, and structural analysis, if any; such approval to be given in TENANT'S reasonable discretion. 4 vi. NON-INTERRUPTION AND NON-INTERFERENCE. No activity of any user or any representative of any user shall interrupt or unreasonably interfere with any operation of any other users of the LEASED AREA. AIJ{} - ~[ THIRD PARTY LICENSEES. i. Each license (which includes each user of the tower) shall always be subject to all terms and conditions of this Lease, and each license shall be subject to review and approval of TENANT. OWNER has the right, but not any duty, to review each proposed license. Use of the tower and site by OWNER and each Third Party shall be subject to written approval by TENANT upon such reasonable terms and conditions as may be required by TENANT. TENANT makes no representations to OWNER or to any Third Party that the LEASED AREA, the tower or/or any other thing will be suitable for OWNER's needs or any needs of any Third Party, and TENANT has no obligation to modify anything to suit OWNER's needs or needs of any Third Party. Each Licensee shall be solely responsible for the cost of locating and placing its property on the tower and on the LEASED AREA. Each Licensee shall also be responsible for any liabilities that may arise from that Licensee's use of any part of the LEASED AREA, including the tower. TENANT shall promptly notify OWNER in writing of all license requests which TENANT receives for use of the Tower or any other part of the LEASED AREA. ii. Each Third Party, at that Third Party's expense, shall submit to TENANT the following: (a) detailed site plans and with specifications setting forth the proposed antennas and other equipment, the height and location of such antennas and other equipment, and the construction, installation and other work to be performed on the Tower and on the LEASED AREA; and (b) a list of all frequencies then currently or then anticipated to be licensed, assigned or otherwise granted to the Third Party by the FCC. If requested by TENANT, the licensee shall supply to TENANT a structural analysis of the Tower addressing the installation of additional antennas and other equipment on the Tower by the Third Party and demonstrating that the installation of such antennas and equipment will not exceed the wind loading or any other relevant capacity of the Tower. The Third Party shall not install any equipment or commence any work on the Tower or the LEASED AREA until TENANT approves, in writing, the Third Party's plans and specifications, frequencies, and structural analysis (if any), such approval to be given in TENANT'S reasonable discretion. iii. Each Third Party's use of the Tower and LEASED AREA shall be limited to the antennas and other equipment and frequencies approved and expressly agreed upon in advance by TENANT. iv. Each Third Party's installation, use and occupancy of the Tower and LEASED AREA shall be in continued compliance with all then applicable laws, regulations and requirements of all federal, state, and local authorities, including the FCC. v. THIRD PARTY ASSUMPTION OF RISKS AND INSURANCE REQUIREMENTS. Each Third Party shall assume all risks in connection with the installation, operation, maintenance, repair, replacement and removal of its antennas and all other property located on the LEASED AREA, including the Tower. Each Third Party shall maintain commercial general liability insurance insuring against liability for personal injury, death or damage to personal property arising out of use of the Tower and the LEASED AREA by the Third Party. Such insurance shall provide coverage (in an amount of not less than one million dollars ($1,000,000.00) for bodily injury or death to any one (1) or more persons and in an amount not less than one million dollars ($1,000,000.00) for property damage and shall include a contractual liability endorsement naming TENANT as an additional insured on such policies. All insurance policies shall be written with insurance companies qualified to do business in State of Florida and shall always provide for (require) thirty (30) days written notice to TENANT prior to cancellation. Certificates of such policies shall be delivered to TENANT prior to the installation of the Third Party's equipment. Further, each Third Party shall reimburse ~U6 - TENANT for any damage to the Tower and TENANT'S equipment, and shall be required to indemnify and hold TENANT harmless from any and all liability, claims, demands, actions, losses, damages, orders, judgments and any and all costs and expenses including, without limitation, reasonable attorneys fees and costs, arising from or incurred in connection with claims for injury to persons or property caused by the act or omission of such Third Party or its respective agents, contractors or employees including, without limitation, the use of the Tower, the LEASED AREA, and third party's equipment, and the breach of any contractual obligation to OWNER 'and/or TENANT. vi. Subject to provisions to the contrary: in the specific licensing agreement, the Third Party's license is assignable or otherwise transferable to a responsible party that assumes of the Third Party's duties and obligations. vii. TENANT and OWNER shall have the right to have a representative present during the installation of each Third Party's antennas and other equipment. viii. Each Third Party's installation of antennas and other equipment on the Tower and the LEASED AREA shall be performed on dates and at times and within time frames approved by TENANT in writing and shall not interrupt or interfere with the operation of TENANT'S communications system or TENANT'S equipment unless TENANT agrees in writing to such interruption or interference. E. MAINTENANCE, REPAIR AND REPLACEMENT OF PROPERTY. i. TENANT must maintain, repair and replace the Tower, and all of its equipment and all of its property to the highest quality construction, repair and maintenance standards during the entire life of this Lease. ii. To protect the integrity of the Tower, all maintenance, repair and/or replacement performed on OWNER's Property shall always be done in a workmanlike manner consistent with TENANT'S high quality construction standards. ii. To protect the integrity of the Tower, each Third Party agrees herein (and must in its license agreement agree) that all maintenance, repair and/or replacement performed by it or on its behalf shall always be done in a workmanlike manner consistent with TENANT'S high quality construction standards. iv. PLAN REVIEW BY TENANT. Subject to the exceptions noted in the paragraph (v.) below, prior to the commencement of any other than ordinary maintenance, repair or replacement work on OWNER's Property, OWNER shall submit to TENANT for approval plans and specifications of the maintenance, repair and replacement work to be performed. TENANT Shall have the option to comment upon such plans, specifications and contractor prior to the commencement of any maintenance, repair or replacement work, all at the Property Owners' expense. v. ORDINARY MAINTENANCE, REPAIR AND REPLACEMENT. Notwithstanding any other provision in this Lease, each user of the tower may conduct its maintenance, repair and/or replacement provided same consists of only ordinary maintenance, replacement or switching of component parts and does not increase the height of the tower, cause any antenna or other thing to exceed the maximum height allowed for that antenna or other thing, or add to the tower so as to increase the maximum total wind loading then being allocated to that user, or otherwise constitute any material change to any site plan, building plan, or other permitted use. All such activities that do not then require a building permit or any other formal authorization from any other County Department shall be approved by letter of summary authorization from the Franchise Administration Department or by the County Administrator or his/her designee. Such (minor) changes by any user of the tower shall not require any formal amendment or addendum to this Lease or require any approval by OWNER, TENANT, any Third Party, or from Board of County Commissioners. The person who grants such summary approval shall concurrently deliver a copy each such letter of approval to all other occupants (users) of the LEASED AREA for informational purposes only. vi. NOTICE TO TENANT OF NEED TO HA VE PHYSICAL ACCESS TO THE TOWER OR LEASED AREA. Whenever possible, OWNER shall provide TENANT with at least forty-eight (48) hours notice prior to any maintenance, repair, replacement work or any other activity that will require access to the Tower or to the LEASED AREA. If an emergency exists (or there is a REASONABLE immediate need to exercise police power) in which case notice shall be provided to TENANT not later than twenty-four (24) hours after access to the Tower or the LEASED AREA has occurred. TENANT shall have the right to have a representative present during any non-emergency maintenance, repair or replacement by OWNER (or Third Party Licensee) that will require access to the Tower and/or to the LEASED AREA. F. INTERFERENCE. Each user of the tower must be able to conduct its business thereon without electrical interference from any other user of the tower. TENANT agrees to install communications equipment of a type and frequency which will not cause interference with OWNER's equipment at the LEASED AREA. In the event TENANT'S equipment causes interference with OWNER's equipment at the LEASED AREA, TENANT will take all steps necessary to correct and eliminate such interference at TENANT'S sole cost and expense. OWNER agrees not to allow any future use of OWNER's equipment or addition and/or modification to any current use of the Tower or OWNER's property that causes interference with or the improper operation of the Tower, TENANT'S equipment, or any of TENANT'S communications signals or any system. If any addition or modification to the OWNER's equipment causes interference with TENANT'S equipment or communications signal and/or system, OWNER, upon notification of such interference, agrees to promptly remedy such interference at OWNER's expense until such interference is corrected to TENANT'S reasonable satisfaction. In the event OWNER and TENANT cannot resolve such interference problems, OWNER and TENANT agree to resolve any interference disputes by arbitration which shall be performed in accordance with the Rules of the American Arbitration Association. The arbitration decision/award shall be binding upon OWNER and upon TENANT and may be entered in any Court having jurisdiction thereof. OWNER and TENANT agree that the costs associated with any arbitration shall be borne by TENANT if TENANT is the cause of the interference or by OWNER if OWNER is the cause of the interference. G. BARE LICENSE TO PARK VEHICLES. If there is insufficient space to park same within the LEASED AREA, OWNER hereby grants to TENANT and each future Third Party licensee, subject to availability of space for same, a bare license with no interest coupled thereto to park their respective motor vehicles on OWNER's Property for short periods of time while the vehicle owner/entity is constructing, removing, replacing and/or servicing its antenna(s) and/or its communications facilities on the tower or otherwise within the LEASED AREA. H. OWNERSHIP OF TOWER AND OTHER PROPERTY. i. During The Life Of This I~.ase: The Tower shall remain the property of TENANT during the entire life of this Lease. Any other property brought onto the LEASED AREA by or on behalf of TENANT shall remain the property of TENANT during the life of this Lease and after termination of this lease. All property brought upon the LEASED AREA by OWNER shall remain the property of OWNER. All property brought upon the LEASED AREA by any Third Party shall remain the property of that Third Party during the life of this Lease and after expiration or termination of this Lease except as may be specified otherwise in the respective controlling license agreement for the subject property of that Third Party licensee. AU0- 3 1999 ii. this Agreement, TENANT shall, at no cost to OWNER, remove the tower and all of its other property from the LEASED AREA unless OWNER directs that TENANT not remove same. If the termination or expiration of this Lease occurs before an extension into the eleventh lease year (See Section 3 (C)), and if OWNER desires to acquire ownership of the tower, Owner must pay to TENANT the then depreciated book value of the Tower minus any off-setting claims that OWNER then has against TENANT. If this lease expires or is terminated at, er the Lease is extended into the eleventh lease year (per Section 3 (C)), OWNER may elect to direct to TENANT that TENANT shall not remove the tower from the LEASED AREA, whereby the Tower shall thereby automatically, at no cost to OWNER, become the sole property of OWNER and TENANT, upon removal of all of its other property from the LEASED AREA, shall then have no further duty or responsibilities with regard to the tower. AU6- 3 1999 At Expiration or Termination of Lease: Upon expiration or termination or' iii. Third Party Licensee. S: Each license from TENANT to each third party shall specifically require that at the end of this Lease each Third Party shall immediately remove all of its property from the LEASED AREA unless this requirement is then waived in writing by OWNER. All property removed by TENANT or Third Party shall be removed by or on behalf of its then owner without delay and at no cost to OWNER. Removal of all property by or on behalf of TENANT and each Third Party shall be done in a workmanlike manner and the LEASED AREA shall be restored by TENANT, at no cost to OWNER, to its original condition, only normal wear and tear excepted. OWNER may, however, then grant to each respective Third Party a license from OWNER to remain on the Tower and/or the LEASED AREA, in which event the property of the Third Party may remain on the tower and/or LEASED AREA in accord with such license. iv. Bill. of .Sale: In the event that OWNER desires to acquire ownership of the tower, for record keeping purposes and County property inventory control purposes, TENANT will, at no cost to OWNER, convey to OWNER a Bill of Sale for the Tower. Absent a controlling law to the contrary, failure to convey the Bill of Sale shall not, however, affect the total automatic transfer of title to the Tower to OWNER. 5. Termination Of This Lease By TENANT A. During First Lease Year. If any of the following events (paragraphs i through iv) occur, TENANT has the right to immediately terminate this Lease by delivering to OWNER written notice of such termination before three hundred and sixty- five (365) days of the Commencement Date of this lease. i. TENANT determines, in its sole discretion, that it will be unable to obtain all necessary Governmental Approvals for TENANT'S intended uses of and improvements to the LEASED AREA as desired by TENANT; or ii. TENANT'S application for any Governmental Approvals necessary for TENANT'S use of the LEASED AREA and/or TENANT's Property and improvements desired by TENANT is denied or becomes commercially impracticable; or iii. Any Governmental Approvals necessary for TENANT'S use of the LEASED AREA and/or improvements to the LEASED AREA, whether now or hereat~er desired by TENANT, have been canceled, have expired, have lapsed or have otherwise been withdrawn, terminated or denied so that TENANT, in its reasonable judgment, determines that it will no longer be able to use the LEASED AREA for TENANT'S intended uses; or iv. The Federal Communications Commission ("FCC") allocates the frequencies at which TENANT may operate the subject antennas and related equipment and may from time to time change such frequencies. Any change of this nature that, in TENANT'S reasonable judgment, renders its operation of a wireless communications facility at the LEASED AREA obsolete; or 8 AUG-- 3 1999 v. If TENANT determines that the LEASED AREA has become unsuitable for TENANT'S operations due to changes in system design or network design or in the types of equipment used in such operations, or TENANT'S operations at the Property become unprofitable. : vi. Any timely termination notice delivered to OWNER by TENANT shall cause this Lease to expire with the same force and effect as though the date set forth in such notice were the date originally set as the expiration date of this Lease and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the OWNER under this Lease. vii. OWNER shall have at its sole discretion the option of terminating this LEASE if TENANT conclusively and finally loses its'~license(s) from the FCC to provide TENANT/cellular services for any reason, including, and not limited to, non-renewal, cancellation, or expiration of same. If the loss of the license(s) is not due to any fault of 'TENANT, and OWNER desires to own the tower and/or other facilities, OWNER shall pay to TENANT the then depreciated book value ofl the tower (and any other facilities that may be conveyed by agreement between TENANT and to OWNER). If the loss of license(s) is due to the fault of TENANT, including non-feasance, such loss of license(s) shall, at OWNER's election, forfeit the tower to OWNER. OWNER may also terminate this' Lease if TENANT does not in good faith make and continue to pursue all reasonable efforts to obtain all required permits and construct the planned tower and all of its necessary related facilities. B. Subsequent to First Lease Year. Subject to the following paragraphs (i through iii), TENANT has the right to immediately terminate this Lease by giving written notice to OWNER of such termination anytime subsequent to three hundred and sixty- five (365) days of the Lease's Commencement Date. i. TENANT deeds the Tower to OWNER free and clear unless OWNER instructs TENANT to remove the tower, in which event TENANT shall have the tower removed and have the LEASED AREA restored to its original condition, ali at no cost to OWNER. ii. OWNER shall retain all prepaid rent for the then applicable lease year and TENANT shall pay to OWNER the applicable twelve month's rent for the entire following lease year (12 months). iii. This option to terminate does not in anyway bar, prevent or impede TENANT from selling the tower to a responsible third party, which entity must become an assignee of this Lease prior to any effective sale of the tower and/or other property of TENANT. 6. Assignment And Subletting. A. TENANT shall not assign, transfer or otherwise convey this Lease, in whole or in part, by operation of law or otherwise, nor mortgage or pledge this Lease or any of TENANT's property or any part thereof, nor sublet or license any part of (space upon) the tower or other of TENANT'S Property without the prior written consent of OWNER, which consent shall not be unreasonably withheld or unreasonably delayed. Each entity that becomes a successor in interest (by whatever means) of TENANT rights under this Lease must be a responsible entity that will enable all users of this tower and LEASED AREA to continue to conduct their activities on the tower and LEASED AREA without undue inconvenience and without additional expense. Any assignment or other transfer whatsoever not expressly authorized by OWNER in writing shall, be void ab initio. AUG- 3 1999 B. Except to the extent, if any, that is concurrently agreed to in writing by OWNER (a partial or complete novation), no consent by OWNER to any assignment, lease, sublease or any other transfer by TENANT shall relieve TENANT of any obligation to be performed by TENANT under this Lease, whether arising before or after the assignment, sublease or other transfer. The consent by OWNER to any assignment, sublease, or other transfer, shall not relieve TENANT from the obligation to obtain OWNER's express written consent to any other or subsequent assignment(s), sublease(s) or any other transfer(s). TENANT will in fact license space on the tower for installation of antennas by Third Parties and TENANT will concurrently license space on the ground to each of those Third Parties for location of their equipment as needed and as related to their antennas installed or to be installed on the tower. C. Any sale or other transfer, including by consolidation, merger or reorganization, by sale or transfer of a majority of the then outstanding voting stock of TENANT (if TENANT is then a corporation) or any sale or other transfer of a majority interest (whether of profits, losses, capital, or voting power) or of a majority of the persons that then comprise the managers of the partnership (if TENANT is than a partnership), shall not be considered to be an assignment for purposes of this Section 6. D. Subject to all conditions regarding assignments, nothing herein prevents TENANT from assigning this lease during the first lease year. 7. Utilities. TENANT shall be responsible directly to all serving entities for all utility services used at the LEASED AREA. OWNER agrees to cooperate with TENANT in its efforts to obtain utilities from any location provided by the OWNER or by any other servicing utility. 8. Indemnification, Insurance, Assumption Of Risk. A. Subject to Paragraph 8.E., TENANT hereby agrees to indemnify and hold OWNER harmless from and against any and all claims of liability for personal injury or property damage to the extent that they result from or arise out of: (i) the acts or omissions of TENANT, its agents and employees in, on or about the LEASED AREA and/or the easement access area, excepting however, such claims or damages as may be due to or caused solely by the acts or omissions of OWNER, its employees or agents; and/or (ii) TENANT'S breach of any term or condition of this Lease on TENANT'S part to be observed or performed. B. To the extent then allowed by law, and subject to Paragraph 8.E., OWNER hereby agrees to indemnify and hold TENANT harmless from and against any and all claims of liability for personal injury or property damage to the extent that they result from or arise directly out of: (i) the acts or omissions of OWNER, its agents and employees in, on or about the LEASED AREA and/or access easement area, excepting, however, such claims or damages as may be due to or caused solely by the acts of TENANT, its employees or agents; and/or (ii) OWNER's breach of any term or condition of this Lease on OWNER's part to be observed or performed. C. TENANT shall provide OWNER with a certificate of insurance, issued by an insurance company licensed to do business in the State of Florida proving that TENANT then carries comprehensive general liability insurance with limits of liability thereunder of not less that One Million Dollars ($1,000,000.00) combined single limit for bodily injury and/or property damage together with an endorsement for contractual liability. Such insurance shall name OWNER as an additional insured with respect to the LEASED AREA and with respect to TENANT'S Property. TENANT will provide OWNER with a renewal certificate within ten (10) business days of OWNER's request for such certificate. Any insurance required to be provided by TENANT under this Paragraph 8 may be provided by blanket insurance policy covering the LEASED AREA and TENANT'S Property and other locations of TENANT, provided such blanket insurance policy complies with all of the other requirements of this Lease with respect to 10 AU6 3 '1999 the type and amount of insurance required. TENANT may also fulfill its requirements under this Section 8 through a program of self-insurance. If TENANT elects to self- insure, then TENANT shall furnish OWNER with a letter stating that said self-insurance program then in effect provides for coverage equal to or greater than that required of TENANT herein by private insurance. OWNER cannot be certain that the specific insurance requirements specified in this Lease will be adequate with the passage of time; therefore, OWNER reserves the right to reasonably amend the insurance requirements by issuance of Notice in writing to TENANT, whereupon receipt of that Notice TENANT shall have sixty (60) days in which to obtain the required additional insurance, unless, for good cause, OWNER requires that such insurance be acquired in less than sixty (60) days. D. OWNER shall provide TENANT with 8 certificate of insurance, issued by an insurance company licensed to do business in Florida indicating that OWNER carries comprehensive general liability insurance with limits of liability thereunder of not less than One Million Dollars ($1,000,000.00) combined single limit for bodily injury and/or property damage, together with an endorsement for contractual liability. OWNER will provide TENANT with a renewal certificate within ten (10) business days of TENANT'S request for such certificate. E. Each such policy described in either paragraph (C) or (D), above, shall be written so as to provide that the insurance company waives all rights of recovery by way of subrogation it may have against OWNER or TENANT in connection with any loss and/or damage covered by such policy. The OWNER and TENANT agree and hereby release each other with respect to any claim (including a claim for negligence) which the other party may have against such party for loss, damage or destruction of, or liability for damages to, the LEASED AREA and/or TENANT's property occurring during the term of this Lease, as same may be extended, and normally covered under a fire insurance policy with extended coverage. Notwithstanding anything contained in this Lease to the contrary, the provisions of this Paragraph 8.E. shall control. F. ASSUMPTION OF RISK BY TENANT. TENANT accepts the LEASED AREA "as is." TENANT, for its officers, agents, affiliates, contractors, materialmen, suppliers, laborers, and employees (collectively "TENANT" for the purposes of this Section 8) hereby undertakes and assumes all risk of dangerous conditions, if any, on the LEASED AREA and on the access easement area, and hereby agrees to indemnify and hold harmless OWNER and all Users against and fi.om any claim asserted or liability imposed upon OWNER or any User for personal injury or property damage to any person (other than from OWNER's gross negligence) arising out of the TENANT'S installation, operation, maintenance, repair, and/or condition or use of the LEASED AREA and/or the access easement area, or TENANT'S failure to comply with any federal, state or local law, ordinance, rule or regulation. 9. TENANT Defaults. A. The occurrence of any one or more of the following events shall constitute an "Event of Default" of this Lease by TENANT: i. The failure by TENANT to make any payment of rent as and when due. Each rent payment shall be mailed to OWNER via certified mail, return receipt requested, or by any other method where TENANT is notified in writing by the carrier that delivery of the rent to the OWNER has actually occurred. OWNER shall have no duty or responsibility to notify TENANT of any late payment or of the fact that the payment was less than the full amount then due to OWNER except as prerequisite to declaring TENANT to be in default of this Lease, in which case OWNER shall give TENANT at least ten (10) days notice of intent to declare a default for failure to pay that rent payment on time. 11 AU6- 3 1999 ii. The failure by TENANT to observe or perform any of the covenants or provisions of this Lease to be observed or performed by TENANT, other than as specified in Paragraph 9.A. (1), above, where such failure shall continue for a period of thirty (30) days aider written notice thereof is received by TENANT from OWNER; provided, however, that it shall not be deemed an Event of Default by TENANT if TENANT shall commence to cure such failure within said thirty (30) day period and thereafter diligently prosecutes such cure to its full completion. iii. If TENANT abandons or vacates the Property, of if any Trustee does not unconditionally assume this lease pursuant to applicable bankruptcy or other laws. iv. To the extent allowed by law, if TENANT is adjudicated a bankrupt or makes any assignment for the benefit of creditors, or if TENANT becomes insolvent, or OWNER otherwise reasonably believes itself to be insecure. If TENANT becomes insolvent or OWNER reasonably believes itself to be insecure, the TENANT or Trustee must provide LESSOR with adequate assurances of future performance before this lease can be assigned in bankruptcy or for the benefit of creditors. Any such assignment shall require the assignee to provide LESSOR with a security deposit of one year's rent at the then existing rental rate. The assignee must be able to immediately continue operation of TENANT's facilities at the tower site and not unduly inconvenience any then existing operation at the tower or LEASED AREA. TENANT shall remove its personal property only to the extent that such removal does not result in any shutdown of any of the other communications operations on the tower or the LEASED AREA. B. If there occurs an Event of Default by TENANT, in addition to any other remedies available to OWNER at law or in equity, OWNER may elect to terminate this Lease and all rights of TENANT hereunder. C. If there occurs an Event of Default by TENANT, OWNER shall not have the right, prior to the termination of this Lease by a court of competent jurisdiction, to enter upon any of TENANT's Property and/or remove persons or property from TENANT's Property, except as needed to accomplish emergency repairs or emergency exercise of police powers. D. In the event of a material default of this Lease by TENANT, OWNER shall have the right, at its option, in addition to and not exclusive of any other remedy OWNER may have by this Lease or by operation of law, without any further demand or notice, to either (a) declare this Lease at an end. If ordered by OWNER, TENANT shall immediately remove the tower and its property as specified by OWNER, and TENANT shall then pay to OWNER a sum of money equal to the total of (i) the amount of unpaid rent, if any, then accrued through the date of termination; (ii) the amount by which the unpaid rent reserved for the balance of the term; and (iii) any other amount necessary to compensate OWNER for all detriment proximately caused by TENANT'S failure to perform its obligations under the Lease: or (b) without terminating this Lease, OWNER may relet the tower, for the account of TENANT upon such terms and conditions as OWNER may deem advisable, and any moneys received from such reletting shall be applied first to the expenses of such reletting and collection, including reasonable attorneys' fees, real estate commissions paid, if any, and thereai~er be applied toward payment of all sums due or to become due to OWNER hereunder, and ifa sufficient sum shall not be thus realized to pay such sums and other charges, TENANT shall pay OWNER, monthly, any deficiency, notwithstanding that OWNER will have received rental payments in excess of the rental to OWNER stipulated in this Lease in previous or subsequent months, and OWNER may elect to bring an action therefor as such monthly deficiency shall arise. 12 E. No re-entry and taking of possession of TENANT's Property by OWNEI~IJ{j shall be construed as an election on OWNER's part to terminate this Lease, regardless of the extent of renovations and alterations by OWNER, unless a written notice of such specific intention is given to TENANT by OWNER. Notwithstanding any reletting without termination, OWNER may at any time thereafter elect to terminate this Lease for any such previous breach. 10. Notices. All notices hereunder must be in writing and, unless otherwise provided herein, shall N, der ':led validly given if sent by certified mail, return receipt requested, addressed as follows (or to any other mailing address which the party to be notified may designate to the other party by such notice) or by overnight courier service. Should OWNER or TENANT have a change of address, the other party shall immediately be notified as provided in this Paragraph of such change. Unless OWNER otherwise specifies in writing, rent checks from TENANT shall be sent to the person listed below to whom notices are sent. - 3 199! TENANT: Atm.: Charles Bernardo Telephone Number: (813) 985-9365 With a copy to: Address: Attention: Telephone No.: PrimeSite Consulting Group 10914 N. 56t~ St., Tampa, FL 33617 Charles Bernardo (813) 985-9365 OWNER: Attention: Address: Telephone No.: Collier County Franchise Administration Coordinator Utility and Franchise Regulation 3050 North Horseshoe Drive, #210 Naples, FL 34104 (941) 403-2302 With a concurrent copy each to: (1) Office of the Collier County Attorney and (2) Collier County's Real Property Management Department. 11. Sale Or Transfer Of The Leased Area By Owner. OWNER has no plans to sell or otherwise convey away any part of or any interest in any part of the LEASED AREA to TENANT or any other person or entity. Should OWNER, at any time during the life of this Lease, sell, lease, transfer or otherwise convey all or any part of the LEASED AREA, to any transferee other than TENANT, then such transfer shall be under and, during the entire term of this Lease, shall be subject to this Lease and all of TENANT'S rights hereunder and rights of all Third Parties. 12. Hazardous Substances. A. OWNER has no knowledge that either OWNER or any other person or entity has used, generated, stored or disposed of, or permitted the use, generation, storage or disposal of any Hazardous Material (as defined in Paragraph 12.B, below) on, under, about or within any part of OWNER's Property in violation of any law or regulation. OWNER and TENANT each agree that they will not use, generate, store or dispose of any Hazardous Material (as defined in Paragraph 12.B, below) on, under, about or within OWNER's Property in violation of any applicable law or regulation. 13 AU6- 3 1999 B. OWNER and TENANT each agree to defend and indemnify the other and the other's parmers, affiliates, agents and employees against any and all losses, liabilities, claims and/or costs (including reasonable attorneys' fees and costs) arising from any breach of any warranty or agreement contained in Paragraph 12.A. As used in Paragraph 12.A, "Hazardous Material" shall mean any substance, chemical or waste identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation (including petroleum and asbestos). 13. Condemnation. A. Whole Condemnation. Because OWNER is a governmental entity and few eondemnors have authority to condemn the LEASED AREA, it is unlikely that the LEASED AREA will ever be condemned. If the LEASED AREA, including without limitation any of TENANT's Property, shall be taken or condemned, either temporarily or permanently, for public purposes, or sold to a condemning authority under threat of condemnation to prevent taking, then this lease shall automatically terminate as of the date of the taking, condemnation, or sale. B. Partial Condemnation. If any portion of the LEASED AREA shall be taken or condemned, either temporarily or permanently, for public purposes, or sold to a convening authority under threat of such condemnation to prevent taking, then OWNER agrees that TENANT may use and/or construct upon an alternative portion of OWNER's Property that is suitable for TENANT'S purposes, provided such suitable space is available. The exact site to which TENANT may relocate will be determined by OWNER, and it may be any portion of OWNER's Property (or other property owned or controlled by OWNER), provided TENANT approves the new site as being suitable for TENANT'S intended uses. OWNER will designate a site to which TENANT may relocate prior to the taking, condemnation or sale. In the event no alternative portion of the OWNER's Property is suitable for TENANT'S purposes, then this Lease shall forthwith automatically terminate as of the date of the taking, condemnation or sale. C. Condemnation Award. OWNER shall receive the entire condemnation award for the land and all other improvements as were paid for by OWNER. TENANT hereby expressly assigns to OWNER any and all right, title and interests of TENANT now or hereafter arising in and to any such award. TENANT shall have the right to recover from the condemnor, but not from OWNER, any compensation as may be awarded to TENANT on account of the taking of its leasehold interest, moving and relocation expenses, and depreciation to and removal of personal property and fixtures of TENANT from the LEASED AREA. 14. Liens. TENANT shall keep TENANT's Property free from any liens arising out of any work performed, materials furnished, or obligations incurred by or on behalf of TENANT. TENANT shall, within twenty (20) days following the imposition of any such lien, cause the same to be released of record either by payment thereof or by posting of a proper bond in accordance with Section 713.24, Florida Statutes. No work which OWNER performs or has performed within the LEASED AREA shall be deemed to be for the use and benefit of OWNER so that no mechanics or other lien shall be allowed against the estate of OWNER by reason of OWNER's consent to any such work. OWNER may, at its election, post notices in the LEASED AREA advising that OWNER it is not responsible for payment for any such work. 15. Fire And Other Casualty Damage To Facilities. If the tower and/or related facilities is/are totally or substantially destroyed by an act or occurrence beyond the control of TENANT, TENANT may terminate this Lease effective on the date of such occurrence, or TENANT may elect to rebuild the tower or construct a similar tower. If TENANT elects to terminate this Lease under this provision, any unearned rent for the remainder of that lease year shall be refunded by OWNER to TENANT provided TENANT has not otherwise breached this Lease to the monetary detriment of OWNER or to any User. If TENANT elects to rebuild the tower (or construct a new tower) the 14 AU6- 3 1999 annual rental shall be reduced to $100.00 per month for only the ninety (90) days following the damage date occurrence, at which time the prior existing annual rent shall automatically recommence. 16. Taxes. A. This is a net-net Lease as to OWNER. TENANT shall be liable for and shall pay to the applicable taxing authority if billed directly to TENANT, or to OWNER if billed to OWNER, upon thirty (30) days prior written notice from OWNER, any and all taxes and assessments levied against any personal property or trade or other fixtures placed by TENANT in or about the LEASED AREA. B. OWNER's Property is not now subject to any real property taxes. Nevertheless, TENANT shall pay (as additional rent) real property taxes, if any, that may be levied against the LEASED AREA and/or against OWNER's Property as a result of this Lease and/or any improvements constructed on the LEASED AREA by TENANT and/or any licensees other than OWNER. TENANT shall not be responsible for any increases in real property taxes which are a result of tax assessment of OWNER's Property due to improvements made by Owner or any third parties acting under Owner. C. If hereat~er laws of taxation are altered so that if any new tax, any payment "in lieu of" or "as a substitute for" all or any portion of any taxes and/or special assessments are imposed on any of the tangible and/or intangible property, such obligations shall be assumed and be paid by TENANT except any such payments directly attributable to communications equipment installed on the site by OWNER or through OWNER. This assumption shall not preclude TENANT from contesting any and all such obligations. 17. Quiet Enjoyment And Non-Interference. A. OWNER warrants and that OWNER is seized of good and sufficient title to and interest in the LEASED AREA and has adequate authority to enter into and execute this Lease to TENANT and that OWNER knows of no liens, judgments or impediments of title on the LEASED AREA Property that would affect this Lease. OWNER warrants and agrees that TENANT, upon paying the rent and performing all covenants herein provided, shall peaceably and quietly have and enjoy the LEASED AREA. It is the separate opinion of the County Attorney and of TENANT'S attorneys that the planned uses of the LEASED AREA, as expressed in this Lease, are allowed and permitted uses of the LEASED AREA and are not in violation of any Zoning Ordinance or other Land Use Ordinance that applies to the LEASED AREA. B. OWNER hereby grants to TENANT, as a primary inducement to TENANT'S entering into this Lease, the first priority right to install its antennas and operate its wireless communications facility on the LEASED AREA. From time to time OWNER may grant to other entities a lease or license to install communications towers and/or operate wireless communications facilities on OWNER's Property and/or the right to install antennas in connection with the operation of such facilities or other communications facilities; provided, however, that OWNER shall not allow the operation of any such facilities and antennas by others which interfere with the operation of any antennas and/or equipment in the LEASED AREA as it exists at the time of such other occupant's installation or as it may be modified at any time during the term of this Lease, and as the same may be extended. If any such interference occurs, OWNER agrees to cause the elimination of such interference with operations at the LEASED AREA within a reasonable time at, er receipt of TENANT'S notice of such interference and, if necessary, to cause the interfering party to modify or cease its operations. If such interference continues for more than thirty (30) days after TENANT'S notice to OWNER with respect to such interference, OWNER shall require the party causing the interference to modify its use of or cease using such equipment which is causing that interference. 15 C. TENANT covenants and agrees that TENANT'S equipment, installhffo~,- operation and maintenance at the LEASED AREA and same by any third party licensee will not interfere with the operation of the OWNER's 800 MHz system or OWNER's other transmitted or received radio signals. In the event there is any such interference, TENANT will promptly take all steps necessary to correct and eliminate same within a reasonable period of time. If TENANT is unable to eliminate such interference caused by any such equipment, installation, operation and/or maintenance at the LEASED AREA, TENANT agrees to remove the offending antennas from the LEASED AREA and, if the interference cannot be corrected to the satisfaction of OWNER, this Lease shall terminate at the election of OWNER. 18. Estoppel Certificates and Subordinations. A. OWNER, at the request of TENANT, shall provide TENANT with a certificate stating: (1) whether OWNER has any claim against TENANT for rent or otherwise and if so, stating the nature of each such claim; (2) that OWNER recognizes TENANT'S right to TENANT'S antennas, equipment and other property at the LEASED AREA; (3) that TENANT then has the right to remove TENANT'S equipment and other property from the LEASED AREA provided such removal will allow the remaining users of the tower to make its use of the tower (not notwithstanding that such property may be considered fixtures under Florida law); and (4) that OWNER at the time of execution of the Estoppel Certificate has no legal interest in and affirmatively disclaims any interest to TENANT'S equipment and other property within the LEASED AREA. B. TENANT, at the request of OWNER, shall provide OWNER with a certificate stating: (1) that this Lease is unmodified and in full force and effect (or, if there has been any modification, that the same is in full force and effect as modified (and shall state the modification(s)); (2) whether or not, to TENANT'S knowledge, there are then existing any set-offs or defenses against the enforcement of any of the agreements, terms, covenants or conditions hereof upon the part of TENANT to be performed or complied with (and, if so, specifying each of the same); and (3) the dates, if any, to which rent has then been paid in advance; and (4) any, if in the first lease year, other provisions required to enable TENANT to obtain a perfected UCC-1 to finance the tower and/or its equipment. C. ALL OTHER INTERESTS SUBORDINATE. This Lease and ali of TENANT's property at the LEASED AREA shall during its life always be superior to any mortgage and any other pledge by OWNER and by TENANT. OWNER and TENANT shall at no cost or expense to the other, execute whatever subordination agreements and/or other instruments as may be reasonably required by the other to evidence such subordination. It is hereby agreed that a request by TENANT for a subordination from OWNER to facilitate TENANT'S initial financing of the tower and/or any or TENANT's initial equipment is a reasonable required subordination. TENANT hereby affirms that as of the date of execution of this Lease there is no deed of trust, mortgage, or other any other encumbrance affecting this Lease or any of TENANT'S property that may be placed within the LEASED AREA. OWNER promises that there exists no mortgage, deed of trust, or other encumbrance or pledge by OWNER that is superior to TENANT'S Leasehold interests in this LEASE, and that OWNER shall not knowingly enter into or suffer any such encumbrance to become superior to any of TENANT'S interests under this Lease. The only possible exception to this promise by OWNER could be an encumbrance that is not avoidable by OWNER as a matter of law. 19. Miscellaneous Provisions. A. CONTROLLING LA W. This Lease and all license agreements and other agreements related hereto and the performance hereof shall be governed, interpreted, construed and regulated by the laws of the State of Florida. Any lawsuits that may be brought to enforce any part of this Lease, including any claim for damages, shall be brought in Collier County. 3 1999 16 B. BROKERS. OWNER and TENANT represent to each other that they have not negotiated with any real estate broker in connection with this Lease. AUO C. ENTIRE AGREEMENT. This Lease, including attached exhibits which are hereby incorporated by reference, incorporates all agreements and understandings between OWNER and TENANT, and no verbal agreements or understanding shall be binding upon either OWNER or TENANT. Any addition, variation or modification to this Lease shall be ineffective unless made in writing and signed by both of the parties. D. CONTINUED COMPLIANCE WITH ALL APPLICABLE RULES. OWNER agrees that the LEASED AREA complies with and during the term of this Lease shall continue to comply with all building, life/safety, disability and other laws, codes and regulations of any applicable governmental or quasi-governmental authority. Correcting any such non-compliance shall be accomplished at no cost or expense of TENANT. E. SUCCESSORS AND ASSIGNS. This Lease, all licenses, and all other directly related agreements shall be binding and inure to the benefit of the parties, their successors and/or assigns. This Lease, and each and every covenant and condition herein, is intended to benefit the LEASED AREA and shall extend to and bind all successors and assigns of the respective parties. F. NON-TECHNICAL READING OF TERMS AND CONDITIONS. All provisions hereof shall be construed as both covenants and conditions, the same as if the words importing such covenants and conditions had been used in each separate paragraph. No distinction between a condition, a term, a promise or a covenant is intended. G. NEUTIL4L CONSTRUCTION. Each party has had an opportunity to review and negotiate this Lease and have executed this Lease only after such review and negotiation. The language of each part of this Lease shall be construed simply and according to its fair meaning, and this Lease shall not be construed more strictly in favor or against either party. H. ATTORNEYS' FEES. If either party institutes any action or proceeding in court to enforce any provision hereof, such as an action for damages for any alleged breach of any provision hereof, then the prevailing party in such action or proceeding shall be entitled to receive from the non-prevailing party such amount as the court may adjudge to be reasonable attorneys' fees for the services rendered to the prevailing party, together with its other reasonable litigation expenses. I. FAILURE TO CURE CURdBLE BREdCH. If either party breaches this Lease in any manner and fails to commence to cure such breach within thirty (30) days after receiving a written notice from the other party exactly specifying the violation (or if the breaching party fails thereafter to diligently prosecute the cure to completion), then the non-breaching party may enforce each of its rights and remedies under this Lease or provided by law or it may (although it shall not be obligated to do so) cure that breach or perform the breaching party's obligations (on the breaching party's behalf and at the breaching party's expense) and require the breaching party to reimburse ali reasonable expenses incurred in doing so, plus interest (from the date such expenses are incurred until reimbursement) at twelve percent (12%) per annum. J. SEVERABILITY. If any.portion of this Lease is declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion shall be deemed modified to the extent necessary in such court's opinion to render such portion enforceable and, as so modified, such portion and the balance of this Lease shall continue in full force and effect. K. INJUNCTIONS AND EQUITABLE RELIEF. In addition to all other remedies provided for in this Lease, OWNER and TENANT shall be entitled to 17 - 3 1999 immediate restraint by injunction (or any other appropriate equitable remedy) of any violation of any of the covenants, conditions or provision of this Lease. Al J0 - 3 1§§9 L. CAPTIONS. The captions of the paragraphs used in this Lease are for convenience of reference only and shall not affect the interpretation of this Lease. M. GOVERNMENT APPROVALS BY TENANT. OWNER acknowledges that TENANT'S ability to use the LEASED AREA and TENANT's Property for its intended purposes is contingent upon TENANT obtaining and maintaining, both before and after the Commencement Date, all of the certificates, permits, licenses and other approvals (collectively, "Governmental Approvals") that may be required by any federal, state and/or local authority, including OWNER, for the foregoing uses and improvements to the Property desired by TENANT. OWNER agrees to cooperate with TENANT in TENANT'S efforts to obtain such governmental Approvals and OWNER shall take no action that would adversely affect TENANT'S obtaining or maintaining such Governmental approvals. N. MEMORANDUM OF LEASE AGREEMENT. Concurrently with the execution of this Lease, OWNER shall execute and deliver to TENANT for recording a "Memorandum of Lease Agreement" in the form of the attached Exhibit B. IN WITNESS WHEREOF, OWNER and TENANT have duly executed this Lease as of the day and year first above written. Ac. TiE';.": AtteSt as to Chairman'S OWNER ~i,. :s4~nal~Ur9 on]$. DWIOHT E.-BROCK BOARD OF COUNTY COMMISSIONERS CLEPd~ OF COURTS DeputyClerk Approved as to Form and Legal Sufficiency: , Asdstant C~unty Attorney co By: PAMELA S. MAC'KIE, CHAIRWQM N County's S. S. Tax No.: "TENANT": PrimeSite Consulting Group, Inc. Print Name5 Charles Bemardo, Jr. Title: President Address: 10914 N. 56t~ St., Tampa, Fl. 33617 ~ OF FLORIDA The foregoing G"otde~ate Wastewater Ground Lease (GC06 eknowledged before me this -""---.. day of , who is personally My Commission Expires: 18 STATE OF FLORIDA COUNTY OF HILLSBOROUGH AU6- 3 1999 The foregoing Goldengate~astewater Ground Lease (GC0604) was acknowledged before me this ~ day of ~'L[ ~ ... ,1999, by Charles A. Bernardo Jr., as President of PrimeSite Consu-----~ting Group, In¢:, a Florida corporation, who is personally known to me. Notary Public ~t% .earn,, ~n~d ,k~My Commission CC699164 '~,~,~ Expires November 30, 200t My Commission Expires: 19 EXHIBIT A1 DESCRIPTION OF OWNER'S LAND to the Agreement dnted ..... _____, by nnd between Collier County ("Owner") nnd PrirncSite Consultin8 Group, Inc., a Floridn corporation ("Tenant"). The Lnnd is descdlxxl and/or depicted as follows: PROPERTY DESCRIPTIONS ~ ~RE:NT T'~r A C T (OF~OAL fltCOflO 8COK ~022. PA~ S~th, ROnql 26 East, C~li~ C~nty, Finds. ge~ m~l portl~lo~y C~menc~q at the 1/~ Sectl~ co~, common to Sactl~t 34 ~d 35. TO~ ~9 Sout~, Ranqe 2~ East. Collier C~nty. ~lda. Sold I/4 attacn~ to ~e t~ th~eof. ~i~ a 3/4--ifl~ iron p~: t~mc~ ~g the S~ti~ llne betwe~ said S~ti~s 34 ~d 35. Nodh O~g'~5' Welt I.~2.43 feet to SLate of Fl~lda O~ar~m~t of Transport~tf~ Rl~ht-o~-Way MhD for $~ata Road No. 93 0--75) ~eet 8 o~ 10; th~ce al~q saia cent~ine of the proposed Access ~ight-of--Way linl N~h 0'29'15' W~t 50.00 feet to o 4' x 4' ..... , ma,lng th. Nw .... f ~. propo..d ......... d Rlqht-of-W,y t, ~lght--of--Nay n~h 89'31'01' East 4~.~1 feet to a 4' x &' c~crete m~um~t m~inq the ~t~S~tI~ of said North Rlqht-of--Woy with the WeS[ ~ou~y I~e Nort~ 0'47'~&' Eost 99~.98 f~at to ~ ~ roe ~ the L;q~t C~Oony (FP~) Rift-of-Way OS de~r~ed in Offlc~ R~d~ ~81. Page 1210. :gll~ C~?~ R~d,; three ol~ NId W~t~y ~ Right-of-Way N~ 51'~0'28 [~,t 70.02 feet to ~ Ir~ rod: c~ti~uhq ol~q laid West~y ~ Ri~--of-W~y ~th 58'50'05' East west~y ~ Right--of-Way S~th 0'47'14' W~t I.~.70 feet to e ~' x 4' c~crete m~u~t: th~ce co~ui~q ~g Nid Wa~t~y ~ Right-of- lifl~ Of the North I/2 of ~e ~h 1/2 of the No~hweet 1/4 of Sect~ ~9~4'~' We~t 690.82 feet to ~ 4' ~ 4' co~ete m~um~t: said ~st boundary line of said parc~ Ho~h 0'~7'14' [dst 653.~ feet to o 4' S~h 89'51'01' W~t 454.~8 feet to a 4' x ~' c~crete manumit m~in~ the int~s~ti~ of ~id accees r~d ~kh Rift-of-Way with the [Oat Rib, t-of- fers I00.~ feet to the P~NT ~ BE~NMNG, c~tOinin~ 26.81 acres. POINT OF' ~GIN~qNG POINT OF TERMINUS 89'25'45' w (456.51') N 89'25'45' E PARENT TRACT WATER TREAIMENT PLANT (OFFICIAL RECORD BOOK 1022, PAGE 1261) 26.6 ACRES EXHIBIT A DESCRIPTION OF LEASED AREA to the Agreement dated ..... by and betw~m Collier County ("Owner") and PrimeSite Consultin$ Group, Inc., a Florida corporation ("Tennnt"). TI~ Land is described and/or depicted ns follows: LEASE PARCEL 11~at part of the 'WATER TRE:A1MENT PLANT' parcel as per description recorded In OHlclal Record Book 1022. page 1261, of the Public Records of Colllor County, Florida, being in the northwest I/4 of Section .35. Township 49 ~outh, Range 26 E:ost and being more particularly desorlbed as fallow.: Commence at o found 5/8" robot marking the southeast corner of the 'WATER TREATME:NT PLANT' parcel as par description recorded in Offlclcl Record Book 1022, page 1261, of the Public Records of Collier County, Florida: thence N 00'41'58' W along the east line of .aid "WATER 1REATMENT PLANT' parcel for 40.60 feet: thence N 87'1g'42" W for `]6,52 feet to the Point of Beginning; thence continue N 67'19'42' W for . 00'57' ' 60 O0 feet: thence N .35 E: for 60.00 feet' thence S 87'1g'42" E for 60 O0 feet' · - . thence S 0'57'55' W for 60.00 feet to said Point of Bm]inning. Containing 0.08 acres, more or less. TOGETHER WITH o 20' wide easement for Ingress· egress and public utilities, over. under and across that part of the 'WATER TREATMENT PLANT' parcel cs per description recorded In Official Record Book 1022. page 1261, of the Public Records of Collier County, Florida, being in the northwest 1/4 of Section 5§, Township 4g South, Range 28 E:ast, lying within 10' of both sides of a centerline being more particularly described as follow~. Commence at a found 5/8' rebor mad<lng the southeast corner of the 'WATER 11~EATMENT PLANT' parcel as per deKHptlon recorded in Official Record Book 1022, page 1261, of the Public Records of Collier County, Florida; thence N 00'41'58' W along the east line of said "WATER TREAI~IENT PLANT' parcel for 40.60 feet: thence N 87'19'42" W for ,]6.52 feet: thence N 00',]7'55' E for 50.00 feet to the Point of Beginning of the her,in deecribed centorline; thence S 89'22'27' E: for IO.00 feet; thence N 00'57'5,]" E for 610.28 feet; thence S 8g'52'24' W for 112,].95 feet to an Intersection with the easterly right of way line of a 100' wide canal right of way and the Point of Terminus of the herein described ce~terllne, the sidelines al' the herein described easement to be prolonged or shortened to end at an intersection with said "cst.fly right of way line. Containing 0.80 acres, more or less. POINT Of' I[RUINUS r,m I s 8g~5'4~' w ~1~ . C~J41~R OF COMPOUNO LOCA110N INFORMA~---~ August 3, 1999 Item #16A20 RESOLUTION 99-314 AND AGREEMENT AUTHORIZING 100% WAIVER OF IMPACT FEES FOR A VERY LOW INCOME SINGLE FAMILY HOUSE TO BE BUILT ON LOT 14, BLOCK C, IN NAPLES VILLAS SUBDIVISION, BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC. Page 177 AUG- 3 1999 RESOLUTION NO. 99- 314 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AUTHORIZING WAIVER OF CORRECTIONAL FACILITIES IMPACT FEES, REGIONAL WATER AND/OR SEWER SYSTEM IMPACT FEES, LIBRARY SYSTEM IMPACT FEES, PARKS AND RECREATIONAL FACILITIES IMPACT FEES, ROAD IMPACT FEES, EMERGENCY MEDICAL SERVICES IMPACT FEES AND EDUCATIONAL FACILITIES SYSTEM IMPACT FEES FOR ONE HOUSE TO BE CONSTRUCTED BY HABITAT FOR HUMANITY OF COLLIER COUNTY, INC., ON LOT 14, BLOCK C, NAPLES VILLAS SUBDIVISION, COLLIER COUNTY, FLORIDA. WHEREAS, Collier County has recognized and attempted to address the lack of adequate and affordable housing for moderate, low, and very-low income households in the County and the need for creative and innovative programs to assist in the provision of such housing by including several provisions in the Collier County Growth Management Plan, including: objective 1.4, policy 1.4.1; objective 1.5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6; objective 1.6, policy 1.6.3; objective 2.1, policy 2.1.1, policy 2.1.2, policy 2.1.3, policy 2.1.5, and policy 2.1.6 of the Housing Element; and WHEREAS, Collier County has received funding pursuant to the State Housing Initiatives Partnership Program set forth in Section 420.907 et. seq., Florida Statutes and Chapter 91-37, Florida Administrative Code; and WHEREAS, in accordance with Collier County Ordinance No. 93-19, the County is authorized to use funding from the State Housing Initiatives Partnership [SHIP] Program for waivers of Collier County impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. is seeking a waiver of impact fees; and WHEREAS, Habitat for Humanity of Collier County, Inc. will construct one (1) three-bedroom unit (the "Dwelling Unit") on Lot 14, Block C Naples Villas Subdivision which is proposed to sell for Forty-Six Thousand Five Hundred Dollars ($46,500.00); and WHEREAS, the Dwelling Unit will be purchased by a very low income household which is required to invest a minimum of five hundred (500) hours of "Sweat Equity" before it obtains title to the house; and WHEREAS, Mr. Charles C. Smith, Vice President of Habitat for Humanity of Collier County, Inc., submitted to the Office of Housing and Urban Improvement an Affordable Housing Application dated May 5, 1999 for a waiver of impact fees for the construction of a house on Lot 14, Block C Naples Villas Subdivision, a copy of said application is on file in the Housing and Urban Improvement Department; and WHEREAS, in accordance with Section 3.04 of the Correctional Facilities Impact Fee Ordinance, Ordinance 99-52; Section 3.04 of the Regional Water and/or Sewer System Impact Fee Ordinance, Ordinance No. 98-69; Section 3.04 of the Library System Impact Fee Ordinance, Ordinance No. 88-97, as amended; Section 3.04 of the Parks and Recreational Facilities Impact Fee Ordinance, Ordinance No. 99-39; Section 3.04 of the Road Impact Fee Ordinance, Ordinance No. 92-22, as amended; Section 3.05 of the Emergency Medical Services System Impact Fee Ordinance, Ordinance No. 91-71, as amended; and Section 3.05 of the Educational Facilities System Impact Fee - 1 - AU6- 3 1999 Ordinance, Ordinance No. 92-33, as amended; an applicant may obtain a waiver of impact fees by qualifying for a waiver; and WHEREAS, Habitat for Humanity of Collier County, Inc. has qualified for an impact fee waiver based upon the following representations made by Habitat for Humanity of Collier County, Inc.: A. The Dwelling Unit shall be sold to a first-time home buyer. B. The Dwelling Unit shall be sold to a household with a very low income level as that term is defined in the Appendices to the respective Impact Fee Ordinances and the monthly payment to purchase the unit must be within the affordable housing guidelines established in the Appendices to the respective Impact Fee Ordinances. C. The Dwelling Unit shall be the Homestead of the owner. D. The Dwelling Unit shall remain affordable for fifteen (15) years from the date the certificate of occupancy is issued. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The Board of County Commissioners hereby authorizes the County Administrator to issue an Authorization for waiver of impact fees to Habitat for Humanity of Collier County, Inc. for one (1) house which shall be constructed on Lot 14, Block C, Naples Villas Subdivision, Collier County, Florida. 2. Upon receipt by the Housing and Urban Improvement Director of an agreement for waiver of impact fees signed by Habitat for Humanity of Collier County, Inc., and/or the purchaser, or other documentation acceptable to the County Attorney, the Board of 'County Commissioners hereby authorizes the payment by Collier County of the following impact fees from the Affordable Housing Trust Fund, Fund (191), in the following amounts for the one (1) house to be built on Lot 14, Block C, Naples Villas Subdivision, by Habitat for Humanity of Collier County, Inc.: A. Library Impact Fee $ 180.52 B. Road Impact Fee 1,379.00 C. Parks Impact Fee: 820.84 D. EMS Impact Fee 14.00 E. Educational Facilities System Impact Fee 1,778.00 F. Water Impact Fee 870.00 G. Sewer Impact Fee 1,575.00 H. Correctional Facilities Impact Fee 117.98 TOTAL IMPACT FEES o $6,735.34 The payment of impact fees by Collier County is subject to the execution and recordation of an agreement for waiver of Collier County Impact Fees between the property owner and/or purchaser and the County. - 2 - AU6- 3 1999 This Resolution adopted after motion, second and majority vote favoring same. ATT DWIGHT E. BROCK~ CleriC, = s~gn~ture on Approved as to Iota and legal sufficiency: ffeiai F. Ashtoh ~ Assistant CounW A~omey BOARD OF COUNTY COMMISSIONERS jd/c/HH/NaplesVillas SD/reso - 3 - AU{}- 3 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 13, BLOCK C. NAPLES VILLAS SUBDIVISION, ACCORDING TO THE PLAT BOOK THEREOF, AS RECORDED IN PLAT BOOK 4, AT PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY FLORIDA. - 4 - AU6- 3 1999 ~"k~CK CREEK HA RBOR I, RECORD~-'D ~ N PlA T BOOK RE.P/AT OF ROCK CREEK PiNES N~. ~OLLiER COUNTY FLORIDA RE. CORDS: XCEPTING'~ ~ ' ~ ~ ~ ~ I/~ OP TSE ~ I/~ OF SEC I~ T-~ 3 , ~-*J ~. ~ ¢o~. a.~---------"~-,sf(#¢ '. ............ I MOX. - · ~ -- , / ' ~ ,, _ · ~- - ~-- .... ~H ~ ,- -- ~ - J~ ~~ ~~~~ ~3~ ' - ~ I ~ ~ I I I ~d/x~ z~~ _ _1.. ~. }:,, r:[:,,.,' "- :' [ :'/:I: ,~ t~, ,,.,, ,, ,, ,. ,, -I,, . . .~ ',0. ,. t,o,:· I~ ~ . ~ , ~'~ ~ , '.,~ ¢ ,,,.. ··-i-:- .:.... ,,'-. :' { ~ - 4jO~ -~ . I ~ '~ ~ , II ~ f , ' ' ~'I ~ e, I I I ~,l I k~ ~ I ' ~ ~ : ' /4/ ~l i ~[, . .. ~ ,, . . . . ~:~~ ,~', .:=. ...~,o.~'$c~, ~, . ,. ~- ,- ,- i- ;¢ , I=0't' i' I ' I ' I' i I~/ ~ ' ~ . ~ ' . '.~ . ', ~, .. ,, ,,; I ',:1 ' ~ ~ .... ~ ......... ~=~F~ .......... " 'e ~ - I ' : -' -- -i' djs lCsE S~44. f .... ~ -~-- - ---- ~I ~0~ ~_ ~'~ ' ' ' - --- -- AGREEMENT FOR 100% WAIVER OF COLLIER COUNTY IMPACT FEES AU$ - 3 1999 This Agreement for the Waiver of Impact Fees entered into this~_..~ay of.~~ 1999, by and between the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "COUNTY" and Habitat for Humanity of Collier County, Inc., hereinafter referred to as "OWNER." WlTNESSETH: WHEREAS, Collier County Ordinance No. 99-52, the Collier County Correctional Facilities Impact Fee Ordinance; Collier County Ordinance No. 98-69, the Collier County Regional Water: and/or Sewer Systems Impact Fee Ordinance; Collier County Ordinance No. 88-97, as amended, the 'Collier County Library System Impact Fee Ordinance; Collier County Ordinance No. 99-39, the Collier County Parks and Recreational Facilities Impact Fee Ordinance; Collier County Ordinance No. 91-71, as amended, the Collier County Emergency Medical Services System Impact Fee Ordinance; Collier County Ordinance No. 92-22, as amended, the Collier County Road Impact Fee Ordinance; and Collier County Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact Fee Ordinance, as they may be further amended from time to time hereinafter collectively referred to as "Impact Fee Ordinance", provide for waivers of impact fees for new owner-occupied dwelling unit qualifying as affordable housing; and WHEREAS, OWNER has applied for a waiver of impact fees as required by the Impact Fee Ordinance, a copy of said application being on file in the office of Housing and'Urban Improvement; and WHEREAS, the County Administrator or his designee has reviewed the OWNER's application and has found that it complies with the requirements for an affordable housing waiver of impact fees as established in the Impact Fee Ordinance; and WHEREAS, the impact fee waiver shall be presented in lieu of payment of the requisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance qualifying the project as eligible for an impact fee waiver; and WHEREAS, the COUNTY approved a waiver of impact fees for OWNER embodied in Resolution No. 99-.~ ?t,/ at its regular meeting of t~..~.~e.~,gl,1999; and - 21. - · AUG- 3 199S WHEREAS, the Impact Fee Ordinance requires that the OWNER enter into an Agreement with the COUNTY. NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant and agree as follows: 1. RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be incorporated by reference herein. 2. LEGAL DESCRIPTION. The legal description of the dwelling unit (the "Dwelling Unit") and site plan are attached hereto as Exhibit "A" and incorporated by reference herein. 3. TERM. oWNER agrees that the Dwelling Unit shall remain as affordable housing and shall be offered for sale in accordance with the standards set forth in the appendices to the Impact Fee Ordinance for a period of fifteen (15) years commencing from the date the certificate of occupancy is issued for the Dwelling Unit. 4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the following: a. The Dwelling Unit shall be sold to a household with a very low income as defined in the appendices to the Impact Fee Ordinance and his/her monthly payments to purchase the Dwelling Unit shall be within the affordable housing guidelines established in the appendices to the Impact Fee Ordinance; b. The Dwelling Unit shall be sold to a first-time home buyer; c. The Dwelling Unit shall be the homestead of owner; d. The Dwelling Unit shall remain as affordable housing for fifteen (15) years from the date the certificate of occupancy is issued for the Dwelling Unit; and e. OWNER is the owner of record of the Dwelling Unit and owes impact fees in the total amount of $6,735.34 pursuant to the Impact Fee Ordinance. In return for the waiver of the impact fees owed by OWNER, OWNER covenants and agrees to comply with the affordable housing - 2 - impact fee waiver qualification criteria detailed in Ordinance. 5. SUBSEQUENT TRANSFER. If OWNER sells the Dwelling Unit subject to the impact fee waiver to a subsequent purchaser, the Dwelling Unit shall be sold only to households meeting the criteria set forth in the Impact Fee Ordinance. 6. AFFORDABLE REQUIREMENT. The Dwelling Unit must be utilized for affordable housing for a fifteen (15) year period after the date the certificate of occupancy is issued; and if the Dwelling Unit ceases to be utilized for that purpose during such period, the impact fees shall be immediately repaid to the COUNTY. 7. LIEN. The waived impact fees shall be a lien upon the Dwelling Unit on the effective date of this Agreement; which lien may be foreclosed upon in the event of non-compliance with the requirements of this Agreement. 8. RELEASE OF LIEN. Upon satisfactory completion of the Agreement requirements and fifteen (15) years after the date of issuance of the certificate of occupancy, or upon payment of the waived impact fees, the COUNTY shall, at the expense of the COUNTY, record any necessary documentation evidencing the termination of the lien, including, but not limited to, a release of lien. 9. BINDING EFFECT. This Agreement shall be binding upon the parties to this Agreement and their respective heirs, personal representatives, successors and assigns. In the case of sale or transfer by gift of the Dwelling Unit, the original OWNER shall remain liable for the impact fees waived until said impact fees are paid in full or until the conditions set forth in the Impact Fee Ordinance are satisfied. In addition, this Agreement shall mn with the land and shall remain a lien against the Dwelling Unit until the provisions of Section 8 are satisfied. 10. RECORDING. This Agreement shall be recorded by OWNER at the expense of OWNER in the Official Records of Collier County, Florida, within fifteen (15) days after execution of this Agreement by the Chairman of the Board of County Commissioners. 11. DEFAULT. OWNER shall be in default of this Agreement (1) where OWNER fails to sell the Dwelling Unit in accordance with the affordable housing standards and qualification criteria established in the Impact Fee Ordinance and thereafter fails to pay the AUG- 3 199 the Impact Fee - 3 - AU6- 3 1999 impact fees due within thirty (30) days of said non-compliance, or (2) where OWNER violates one of the affordable housing qualification criteria in the Impact Fee Ordinance for a period of fifteen (15) days after notice of the violation. 12. REMEDIES. Should the OWNER of the property fail to comply with the said qualification criteria at any time during the fifteen (15) year period or should OWNER violate any provisions of this Agreement, the impact fees waived shall be paid in full by OWNER within thirty (30) days of said non-compliance. OWNER agrees that the impact fees waived shall constitute a lien on the Dwelling Unit commencing on the effective date of this Agreement and continuing for fifteen (15).years from the date of issuance of the certificate of occupancy or until repaid. Such lien shall be superior and paramount to the interest in the Dwelling Unit of any owner, lessee, tenant, mortgagee, or other person except the lien for County taxes and shall be on parity with the lien of any such County taxes. Should the OWNER be in default of this Agreement and the default is not cured within (30) days after written notice to OWNER, the Board may bring a civil action to enforce this agreement. In addition, the lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity as for the foreclosure of a mortgage on real property. This remedy is cumulative with any other right or remedy available to the COUNTY. The Board shall be entitled to recover all fees and costs, including attorneys c: fees, incurred by the Board in enforcing this agreement, plus interest at the statutory rate for judgments calculated on a calendar day basis until paid. ~.. IN WITNESS WHEREOF, the parties have executed this Agreement for Waiver '-~ of Impact Fees on the date and year first above written. ~ Witnesses: ~-~ STATE OF Florida ) COUNTY OF Collier .) OWNERS: HABITAT FOR HUMANITY OF coI x , t v, r c. B 'Y~~~. - 4 - The foregoing instrument was acknowledged before me this ~ day of X~"'n ~ by Charles C. Smith, known to me. [NOTARIAL SEAL] AU6- 3 ,1999 Vice President of Habitat for Humanity of Collier County, Inc. He is personally ature of Person Taking ~knox(,'~edgrnent Name ofAcknowledger Yyped, Print0d'~r Stamped Lq 9 DATE~: ~~.,,,,/~/ ATTEST: ,,..,, '%;, DWIGHT E. BROCK; Clerk Att~ 'as' ,ito Chat~'S Approved'~ to fora ~d legal sufficiency ~5~sh~n~ Assist~t Co~ A~omey jd/c/naples Villas BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~OMAN - 5 - AU$- 3 1999 EXHIBIT "A" LEGAL DESCRIPTION LOT 14, BLOCK C, NAPLES VILLAS SUBDMSION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 4, AT PAGE 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. - 6 - /(uCK CREEK HARBOR RE-PLA T OF ROCH CREEK PINES N~,f. RECORDED IN P~T BOOK ~ P~E ~ COLLIER COUNTY, FLORIDA, RECORDS. ,CE~TING: ~- , ~ · ~ ~.--0~ AND I~CLUD/~ ; T~r ~. .' ~. .~.~..~ ,0., 7 O&~ 'It A JTn~gT .~ T'ngg T AUG- 3 1999 August 3, 1999 Item #16A21 FINAL PLAT OF "OLDE CYPRESS UNIT THREE" - WITH CONSTRUCTION AND MAINTENANCE AGREEMENT, PERFORMANCE SECURITY AND STIPULATIONS Page 178 AU - 3 999 CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS ~ ~r~? THIS CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS AGREEMENT entered into thia~3A,t.~day of t~t~, 1999, by OLDE CYPRESS DEVELOPMENT, LTD., a Florida Limited Partnership, b'y OLDE CYPRESS DEVELOPMENT INC., its General Partner, (hereinafter "Developer"), the Board of County Commissioners of Collier County, Florida, (hereinafter the "Board") and QUARLES & BRADY, (hereinafter "Escrow Agent"). PREMISES Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of certain plat of subdivision to be known as: "OLDE CYPRESS, UNIT THREE" The subdivision will include certain improvements which are required by Collier County ordinances, as set forth in a site construction cost estimate ("Estimate") prepared by HOLE, MONTES AND ASSOCIATES, INC., a copy of which is attached hereto an~ incorporated herein as Exhibit 1. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. Escrow Agent has entered into a Construction and Development Escrow Agreement with Developer dated May 25, 1999, (the "Escrowed Funds") in the amount of $344,113.72. Developer and the Board have acknowledged that the amount Developer is required to guarantee pursuant to this Agreement is $ 344,113.72 and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. NOW THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Escrow Agent do hereby covenant and agree as follows: Developer will cause the water, sewer, roads, drainage and like facilities, the Required Improvements, to be constructed pursuant to specifications that have been approved by the Development Services Director within 36 months from the date of approval of said subdivision plat. AUG - 3 1999 Developer hereby authorizes Escrow Agent to hold $ 344,113.72 from the Escrowed Funds, in escrow, pursuant to the terms of this Agreement. Escrow Agent agrees to hold in escrow $ 344,113.72, from the Escrowed Funds to be disbursed only pursuant to this Agreement. The escrowed funds shall be released to the Developer only upon written approval of the Development Services Director who shall approve the release of the funds on deposit not more that once a month to the Developer, in amounts due for work done to date based on the percentage completion of the work multiplied by the respective work costs less ten percent (10%); and further, that upon completion of the work, the Development Services Director shall approve the release of any remainder of escrowed funds except to the extent of $ 31,283.07 which shall remain in escrow as a Developer guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 10 of the Agreement. However, in the event that Developer shall fail to comply with the requirements of this Agreement, then the Escrow Agent agrees to pay to the County immediately upon demand the balance of the funds held in escrow by the Escrow Agent, as of the date of the demand, provided that upon payment of such balance to the County, the County will have executed and delivered to the Escrow Agent in exchange for such funds a statement to be signed by the Development Services Director to the effect that: (a) Developer for more that sixty (60) days after written notification of such failure has failed to comply with the requirements of this Agreement; (b) The County, or its authorized agent, will complete the work called for under the terms of the above-mentioned contract or will complete such portion of such work as the County, in its sole discretion, shall deem necessary in the public interest to the extent of the funds then held in escrow; (c) The escrow funds drawn down by the County shall be used for construction of the Required Improvements, engineering, legal and contingent costs and expenses, and to offset any damages, either direct or consequential, which the County may sustain on account of the failure of the Developer to carry out and execute the above-mentioned development work; and, (d) The County will promptly repay to the Escrow Agent any portion of the funds drawn down and not expended in completion of the said development work. Written notice to the Escrow Agent by the County specifying what amounts are to be paid to the Developer shall constitute authorization by the County to the Escrow Agent for release of the specified funds to the Developer. Payment by the Escrow Agent to the Developer of the amounts specified in a letter of authorization by the County to the 2 AUG - 3 1999 Escrow Agent shall constitute a release by the County and Developer of the Escrow Agent for the funds disbursed in accordance with the letter of authorization from the County. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision Regulations. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of this refusal to approve the improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. Should the funds held in escrow be insufficient to complete the Required Improvements, the Board, after duly considering the public interest, may at its option complete the Required Improvements and resort to any and all legal remedies against the Developer. Nothing in this Agreement shall make the Escrow Agent liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision; provided, that the Escrow Agent does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement. 10. The Developer shall maintain all Required Improvements for one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer and upon submission of a written request for inspection, the Development Services Director shall inspect the Required Improvements and, if found to be still in compliance with the Code as reflected by final approval by the Board, the Escrow Agent's responsibility to the Board under this Agreement is terminated. The developer's responsibility for maintenance of the Required Improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. 11. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and Escrow Agent, the respective successors and assigns of the Developer and Escrow Agent. AUG - 3 '1999 IN WITNESS WHEREOF, the Board and Developer and the Escrow Agent have caused this Agreement to be executed by their duly authorized representatives this ~,~_~, day of , 1999. Signed, Sealed an Delivered in the presence off Prin~ ~{ '[')rPe Name '. Print or Type Name DEVELOPER: OLDE CYPRESS DEVELOPMENT, LTD., a Florida Limited Partnership BY: OLDE CYPRESS DEVELOPMENT INC. ~R~l~t~ its General Parmer ,,,~ob~ y~,,~res~ ESCRO¥[ A~ ~ ~ / Qu~les ~ l~y / CL. k,,,~,.. or Type Na , ~ p, ri~ Type Name -. n:~:~,t:~A~eg1~ Bo~d of Co~ Co~issioners ', r~Wl~t~:~B~$~, cterk of Collier Co~, Florida .... ' / Z;~ ~' ~' ,¢'-' ~;~ ..:, ~'~ . :'Apptk~ed ~ to fora ~d legal suffimency: Pamela S. Mac'Kie, Chairwoman 4 Olde Cypress Unit 3 Engineers Opinion of Probable Construction Cost DescriDflo. QuantiW Units Unit Cost Water 8" PVC W.M. (DR18) 8' G.V. Fire Hydrant PVC W.S. CASING (3") B.S.P. (PERM) 1834 LF 1 EA 5 EA 726 LF 2 EA $13.40 $800.00 $2,000.00 $5.00 Subtotal Sewer (Cuts from N.O.) 8' PVC G.S. (0'-63 8" PVC G.S. (6'-8') 8" PVC G.S. (8'-10') 8" PVC G.S. (10'-12') Video Gravity Sewer Video Sewer 1 yr post accept. M.H. (0'-6') M.H, (6'-8') M.H. (8'-10') M.H, (10'-12') Cleanout Service Laterals 4" PVC F.M. Pump Sla ARV (FM) 515 LF 600 LF 436 LF 172 LF 1,723 LF 1,723 LF 2 EA 2 EA 2 EA 1 EA 55 EA 1,389 LF 878 LF 1 EA I EA $15.50 $20,50 $29.00 $39.50 $1.00 $1.oo $1,240.00 $1,470.00 $1,820.00 $2~50.00 $79.O0 $11.50 .80 $48,0O0.00 $1,600.00 Subtotal Pavin; and Grading I 1/2" Asphalt - Type S-111 6" LR Base 12' Subgrade Type A Curb 24' Val. Gut 4' Sidewalk Sod - 1' strip Seed & Mulch Stop Signs Speed Limit Signs Street Name Signs 24' Stop Bar Street Lights Blue Reflectors 4" Skip Sb'iping (yellow) 4,882 SY 4.882 SY 6,238 SY 467 LF 3,710 LF 1,890 LF 4,166 LF I AC 3 EA 2 EA I EA 45 LF 9 EA 5 EA 1700 LF $2.45 $4.00 $1.90 $5.00 $5.00 $7.50 $o,3o $1,200.00 $100.00 $100.00 $100.00 $2.75 $1,200,00 $6.00 $0.15 Subtotal 1996~1996080~ghh~Constructlo~CosL~Unit3 90312.xls Page 1 AUG - 3 HMA File # 96.80 3112199 1999 $24,575.60 $800.00 $10,000.00 $3,630.00 $1,600.00 $40,605.60 $7,982.50 $12,300.00 $12,644.00 $6,794.00 $1,723.00 $1,723.00 $2,480.00 $2,940.00 $3,640.00 $2,250.00 $4,345.00 $15,973.50 $7,726.40 $48,0o0.00 $1,600.00 $132,121.40 $11,960.90 $19,528.00 $11,852.20 $2,335.00 $18,550.00 $14,175.00 $1,249.80 $1,200.0o $300.00 $200.00 $100.00 $123.75 $10,800.00 $30.00 $255.00 $92,659.65 _.,ion Quanti~ U.it~ Unit ¢O~t Total AU$ - 3 1999 Drainafl® 18'RCP 24"RCP 24"PVC 30" RCP 30' PVC J.B. CATCH BASINS 72 LF 102 LF 175 LF 346 LF 224 LF I EA 6 EA Summary Water Sewer Paving & Grading Drainage F..ee .Calcplatlonl plat Review; $425.00 + $4.00/ac x 16 Acres Sub~ivis, ion Review & Irlspectiorl: 1.7% x (47.444.00 + 92,659.65) Drainage Paving & Grading Water/Sewer Review and Inspection: 2.0% x (40,605.60 + 132,121.40) $24.00 $28.00 $28.00 $48.0o $1,600.00 $1,500.00 Subtotal Total Total $1,728.00 $2,856.00 $4,900.00 $16,608.00 $10,752.00 $1,600.00 $9,000.00 $47,~.00 $40,605.60 $132,121J0 $92,659.65 $312,830.65 $489.00 $2,381.76 $3,454.54 $6,325.30 1996~ 1 g96080~ghh'~ConstruclJonCos Is Unit3 90312.xls Page 2 August 3, 1999 Item #16A22 - Continued to September 13, 1999 Item #16A23 FINAL PLAT OF "COCO LAKES" - WITH CONSTRUCTION AND MAINTENANCE AGREEMENT, PERFORMANCE SECURITY AND STIPULATIONS Page 179 CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS RECORD PLAT PRIOR TO CONSTRUCTION THIS AGREEMENT entered into this ~ day of ~,x3)_ ~,~,~--~ ,1999 between Palm Foundation II, Inc., a Florida Corporation hereinafter referred'lb as "Developer", and the Board of County Commissioners of Collier County, Florida hereinafter referred to as "The Board". RECITALS 1. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as: Coco Lakes 2. Division 3.2 of the Collier County Unified Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed site improvements including roadways, drainage facilities, water and sewer facilities and lighting and signage within 36 months from the date of approval said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith tenders its Irrevocable Standby Letter of Credit (attached hereto as Exhibit "A" and by reference made a part hereof) hereinafter the "Surety Bond", in the amount of $310,000.00 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimated cost to complete the required improvements at the date of this Agreement. 3. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Collier County Unified Land Development Code, Collier County, after written W:\1994\1994099\GHH~PRIORCON.doc notice to Developer may call upon the Surety Bond to insure satisfactory completion of the required improvements. 4. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Unified Land Development Code. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, submit his recommendations concerning the required improvements to the Board. 5. Upon receipt by the Board of recommendations from the Development Services Director concerning required improvements, the Board shall within thirty (30) days either: a) notify the Developer in writing of its preliminary acceptance of the improvements; or b) notify the Developer in writing of its refusal to accept improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Board's acceptance of the improvements. However, in no event shall the Board refuse preliminary acceptance of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. 6. The Developer shall maintain all required improvements for a minimum-period of one year after preliminary acceptance by the Board. After the one year maintenance period by the Developer has terminated, the Development Services Director shall inspect the improvements and, if found to be still in compliance with Collier County Unified Land Development Code as reflected by final acceptance by the Board, the Developer's responsibility for maintenance of the required improvements shall terminate and the Board shall release the remaining 10% of Surety. Otherwise, the Developer's responsibility for maintenance shall continue until final acceptance by the Board. 7. In accordance with Division 3.2 of the Collier County Unified Land Development Code, the Developer may from time to time request the Development Services Director to reduce annually the dollar amount of the Surety Bond on the basis of work completed. Each request for a reduction in the dollar amount of the Surety Bond shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Developer Services Director. The Development Services Director may grant the request for a reduction in the amount of the Surety Bond for the improvements completed as of the date of the request. 8. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure by the W:\I994\1994099\GHH~RIORCON.doc 2 Development Services Director and upon notice as provided by the Collier County Unified Land Development Code, the Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the Surety Bond tendered herewith, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and consequential, which the Board may sustain on account of the failure of the Developer to carry out all of the provisions of this Agreement. and shall Developer. All of the terms, covenants and conditions herein contained are be binding upon the respective successors and assigns of the IN WITNESS WHEREOF, the Board and the Developer have cau~ this Agreement to be executed by their duly authorized representatives this ~ day of_ _.~~.~"~'". I. 1999. Signed, sealed and delivered in the presence of: Witness ~ o~b'~ o~ ~w'; e,~ Palm Foundation H, Inc., a Florida Corporation Steve Loveless, President ATTEST: :. ~,,..~'",.~,. %:~ · ,,,', .'..'~ ~, r~ '. C~ · N ~2.: ~'~ ~ 4 '-,,. '~t' ,2' >~7~,:,,,.~~eL Clerk ' legal sufficiency: (.~David C. Weigel, County Attorney W:\I994\I994099\GHI-IkPRIORCON.doc Board of County Commissioners of Collier County, Florida Pamela S. Mac'kie, Chairwoman ilepublic October 8, 1999 IRREVOCABLE STANDBY LETTER OF CREDIT NO: S 99-3 I ISSUER: Republic Bank, 691 5u' Avenue S., Naples, FL 34102 (hereinafter "issuer"). PLACE OF EXPIRY: At Issuer's counters. DATE OF EXPIRY: This Credit shall be valid until October 8, 2000, and shall thereafter be automatically renewed for successive one-year periods on the anniversary of its issue unless at least sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing by registered mail that the Issuer elects not to so renew the Credit. APPLICANT: Palm Foundation il, Inc. (hereinafter "Applicant"), 1719 Trade Center Way, Naples, FL 34109. BENEFICIARY: The Board of County commissioners, Collier County, Florida (hereinafter "Beneficiary"), Collier County Courthouse Complex, Naples, FL. AMOUNT: $310,000.00 (U.S.) up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer. BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED; AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "Palm Foundation I!, Inc. has failed to construct and/or maintain improvements associated with that certain plat ora subdivision known as CoCo Lakes or a final inspection satisfactory to Collier County has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary". DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under Republic Bank Credit No.: S 99-31 dated October 8, 1999." The original letter of credit and all . amendments, if any, must be presented for proper endorsement. 691 5th Avenue South · Naples. I:h,rid:l .~4 !02-6601 · (9.1 I) 659-1119 · hl t p://w w ~: rcpubl icba n k fi.corn Fax (ti.il)6%~) II.i7 This Letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instruments, or agreements referenced to herein or in which this letter of credit relates, and at such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this credit will be duly honored by Issuer if presented within the validity of this credit. This credit Is subject to the Uniform Customs and Practice for Documentary Credits [1993 (or later generally applicable) Revision] International Chamber of Commerce Publication No. 500 [or later Publication No.]. Repu~)ic~ank//~.4. Vice President Item #16A24 August 3, 1999 RESOLUTION 99-315, AUTHORIZING THE LETTER OF AGREEMENT , PROGRAM ASSURANCES, AND THE ACCEPTANCE OF VEHICLES, TRANSFERRED FROM GOOD WHEELS, INC. TO THE COUNTY AND RESOLUTION 99-316, AUTHORIZING ASSIGNMENT OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AND GOOD WHEELS, INC. Page 180 RESOLUTION NO. 99- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE LETTER OF AGREEMENT, PROGRAM ASSURANCES, AND THE ACCEP- TANCE OF VEHICLES, TRANSFERRED FROM GOOD WHEELS, INC., FUNDED UNDER THE FEDERAL TRANSIT ADMINIS- TRATION (FTA) SECTION 5310 & 5311 GRANT PROGRAMS ADMINISTERED BY THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION. - 3 1999 Whereas, the Board of County Commissioners of Collier County, Florida has been designated by the Florida Commission for the Transportation Disadvantaged as the Community Transportation Coordinator for Transportation Disadvantaged services in Collier County in accordance with Florida Statute 427; and Whereas, the Board of County Commissioners of Collier County, Florida has the authority to accept responsibility for the ownership and operation of said vehicles, to enter into the Letter of Agreement, and to execute the Program Assurances, in accordance with Florida Statute 341 and as authorized by Section 125.01, Florida Statutes; and Whereas, said vehicles were procured with funding allocated for services in Collier County by the Florida Department of Transportation (FDOT), and said vehicle titles have the FDOT registered as first and only Lienholder in accordance with FDOT regulations; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: Said vehicles are accepted by Collier County for use in public and/or transportation disadvantaged services, in accordance with all applicable federal and state statutes, roles and regulations; otherwise, Collier County will return the vehicles to the FDOT. 2. Collier County will pay Good Wheels, Inc. $39,502.08 as reimbursement for said vehicles. Gavin Jones, Collier County's Program Manager for the Transportation Disadvantaged Program, is authorized to execute the letter of Agreement, Program Assurances, title applications, and other necessary documents to complete the transfer of said vehicles to Collier County. This Resolution adopted this,~A,e_day of ~ , 1999 after motion, second and majority vote favoring same. ATTEST: · DWIGHT E!,~BROdK, Clerk Approwd ~ to fo~ legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Davi~ C. ~V'~igel, County Attorney Au6 - 3 1999 STATE OF' FLORIDA DEPARTMENT OF TI:C~NSPORTATION LETTER OF AGREEMENT This Agreement made and effective thi~ day of ~ , 19,9,9, between the Collier County Board of County Commissioners, hereinafter'referred to as' County", 3301 E. Tamiami Trail, Building F, Naples, Florida 34112, and the State of Florida Department of Transportation, hereinafter referred to as "Department", WITNESSETH WHEREAS, the County has been designated as the Community Transportation Coordinator for Collier County by the State of Florida Commission for the Transportation Disadvantaged in accordance with Florida Statute 427; and WHEREAS, the County is eligible to receive, manage, operate, and dispose of vehicles under the Federal Transportation Administration's Section 5310 & 5311 programs, as administered by the Department in accordance with Florida Statute 341, and all applicable rules and regulations; and WHEREAS, the County desires to receive from the Department the vehicles, identified in the inventory list attached hereto as Exhibit "A", and by this reference made a part hereof. NOW, THEREFORE, the Department and thc County, in consideration of the mutual terms, covenants and conditions set forth herein, agree as follows: 1. The Department agrees to thc expeditious transfer of the vehicles listed under Exhibit "A", 'attached hereto and by this reference made a part hereof. The necessary Certificates of Title (Vehicle Registration) and other documentation as appropriate to effect the legal transfer of said vehicles will be provided by the Department. 2. The County agrees to process the Application for Certificates of Title necessary to effect thc transfer of said vehicles under the condition that the Department shall continue to be shown on the Certificates of Title as the first and only Lien Holder. 3. The County agrees to assume all responsibilities for the vehicles including, but not limited to, compliance with all applicable federal, state, and local statutes, roles and regulations governing the ownership, operation, and disposal of said vehicles. Collier County Board of County Commissioners Approved as to form & legal sufficiency: Collier (~ou~ty A~t't~ey's Office ~(mel~' S. Mac'Kie, ChairWoman ATTEST: Clerk (h:yto~managera~ch ard~zollagr.wpd) Attest ~s to Chatrm~m'$ Florida Department of Transportation Approved as to form and legality: Dis~ APPROVED: D~~. Se ct% t~ ATTEST: ~cUt~ve Secretary - -' Z~// - 3 1999 EXHIBIT ^ GOOD WHEELS / FDOT VEHICLE INVENTORY FOR TRANSFER TO COLLIER COUNTY FDOT # GW # DESCRIPTION COST NEW / DATE 88162 162 1993Chcv. BlucbirdBusw/lifl 8scats+lw/cposition $33,413 2/93 88163 163 1993Chcv. BlucbirdBuswflift 8+1 $33,413 2/93 88164 164 1993 Chcv. Bluebird Bus wflift 8 + 1 $33,413 2/93 88165 165 1993Chcv. BlucbirdBusw/lifl 8+1 $33,413 2/93 92114 114 1995 Ford Suprcmc Bus w/lifl 16+2 $48,475 10/95 92153 468 1997 Ford StatTran Bus w/lifl 12+2 $43,384 11/97 92154 469 1997 Ford StarTran Bus w/lift 12 + 2 $43,384 11/97 181035 035 1995Thomaslntl. Buswflift 16+2 $45,314 3/95 181036 036 1995 Thomas Intl. Busw/lifl 32+2 $55,598 3/95 181037 037 1995Plymouthmini-vanw/ramp 3+2 $36,655 11/95 181041 041 1995 Ford Sulxeme bus w/lifl 16+2 $48,475 8/95 181042 042 1995 Ford Supreme bus w/lift 16 + 2 $48,475 8/95 181046 046 1996 Ford Suprcme bus w/iifl 16+2 $48,475 12/95 181047 047 1996 Ford StarTrans bus w/lifl 16+2 $46,812.10 9/96 181048 048 1996 Ford S~atTrans bus w/lift 16+2 $46,812.10 9/96 181049 049 1996 Ford StarTraas bus w/lifl 16+2 $47,062.10 9/96 181050 050 1996 Ford SiarTrans bus w/li_ft 16+2 $47,062.10 9/96 181051 051 1996 Ford Sta~Trans bus w/lifl 12+2 $41,169.45 9/96 181061 061 1996 Ford SlarTrans bus w/lifl 12+2 $41,169.45 2/97 Ca:XSwinv2) 16/12. A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AUTHORIZING THE ASSIGNMENT OF AN AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AND GOOD WHEELS, INC. Whereas, the Board of County Commissioners of Collier County, Florida, has the authority to enter into an Agreement with other parties as authorized by Section 125.01, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: o The Agreement assigning Contract Numbers AF291 and AG064 from Good Wheels, Inc. to Collier County is approved. The Chairwoman of the Board of County Commissioners of Collier County, Florida, is authorized to enter into this Agreement. This Resolution adopted this~,~t day of ~ ,1999 after motion, second and majority vote favoring same. ATTEST:. DWIGHT E. BRo~ZK, Clerk Attest,. as t~ Cha tman' I signature Only. Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~WOMAN '~D~ WS1, County Attorney STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 16A2 AUG - 3 1999 AGREEMENT OF ASSIGNMENT 1999, among Good Wheels, Inc., 10075 Bavaria Road, S.E., Fort Myers, orida 33913 ("Assignor"), the Collier County Board of County Commissioners, 3301 E. Tamiami Trail, Building F, Naples, Florida 34112 ("Assignee"), and the State of Florida Department of Transportation (the "Department"), WITNESSETH WHEREAS, Assignor has entered into two Joint Participation Agreements with the Department, one on State Project Number 03000-3824, Contract Number AF291 (dated November 4, 1997), the other on Financial Management Number 204783, Contract Number AG064 (dated August 7, 1998); and WHEREAS, said Agreements are by their terms assignable only upon the prior written consent of the Department; and Wlq~REAS, Assignor desires to assign the Agreements to Assignee and Assignee is willing to perform all duties and obligations under the Agreements; NOW, THEREFORE, in consideration of the foregoing and in consideration of Ten Dollars ($10.00) in hand paid by each party hereto to the other and for other good and valuable consideration flowing among the parties hereto, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as follows: 1. Assignor hereby grants, bargains, sells, conveys, transfers, assigns and sets over his entire rights and delegates his entire duties under the Agreements to Assignee subject to the covenants and conditions herein mentioned. 2. Assignee hereby assumes all obligations of Assignor for the performance and payment under the Agreements for all work undertaken by Assignor prior to the effective date of Assignment of the Agreements including but not limited to existing liabilities and sub- contractor/co-contractor obligations; and Assignee hereby assumes the Agreements and shall hereafter perform faithfully all of the covenants, stipulations and agreements contained therein. 3. Assignor and Assignee hereby request that the Department consent to the assignment of the Agreements to Assignee. 4. The Department consents to the assignment of the Agreements to Assignee; provided, however, the Department's consent to this assignment shall not constitute a waiver of the general prohibition against assignment contained in the Agreements, as to further assignments and shall not constitute a release of Assignor under the Agreements to the extent of Assignor' s performance 16A2 up to the effective date of this Assignment or to the extent of Assignee's failure to perform under the Agreements hereafter, it being understood that this Assignment shall not be deemed to effect a novation. 5. All sums which become payable by the Department under the Agreements for services rendered on and after the date of this assignment agreement shall be made to the Assignee, as between Assignor and Assignee (including, without limitation, retainages), and shall be properly allocated or divided by and between Assignee and Assignor. In the event any dispute arises between Assignor and Assignee as to the allocation or division of the Department's payments between Assignor and Assignee, such dispute shall be resolved strictly between Assignor and Assignee and the Department shall have no liability or responsibility whatsoever in regard to resolving any such dispute. Assignee and Assignor hereby agree that, when the Department shall have made payments pursuant to the Agreements, regardless of whether such payments have heretofore been made to Assignor or hereafter to Assignee, which in the aggregate are equal to the total sums payable by the Department under the Agreements, such payment shall constitute satisfaction in full of the Department's obligation to pay the sums which it is obligated to pay pursuant to the Agreements. With respect to work and materials heretofore furnished by Assignor pursuant to the Agreements, Assignor shall, to the extent that he has not heretofore been paid for such work and materials by the Department, look solely to Assignee for payment for such work and materials. 6. Assignee warrants that he has obtained and shall maintain insurance policies in compliance with the Agreements requirements, including but not limited to, general liability insurance, vehicular insurance, and workers' compensation insurance. 7. Assignee specifically acknowledges and agrees that no delays or requests for additional compensation or supplemental agreements shall be granted due to this Assignment or the duplication of any services of Assignor by Assignee, it being understood that Assignee shall stand in the place of Assignor as though no assignment has occurred. 8. Assignor hereby represents, and Assignee hereby accepts, that there are no claims or demands against the Department arising out of or related to the performance under the Agreements prior to the effective date hereof, except for contractual compensation which may not have yet been paid, and any such claims, other than contractual compensation, are hereby waived and released. AA24 AUG- ~ 1999 ASSIGNOR: ATFEST: ASSIGNEE: Approved as to form & legal sufficiency: C li~n~y Attorney's Office ATFF_,ST: Approved: ~rr~//..~ l Public TranSportation Manager GOOD WHEELS, INC. COLDER CO~ BO~ OF CO~ CD~SSlO~ PamelaS Mac.e, ~ , ~x- Cha~om~ ' .. FLORID~EPARTMENT DistYict S~reta7 , · ~/ Ex;~u-tive ~ecre~ary ~ H:\US ERS\LG 150RL\WHC~,LEOAL~u~SS IObL (2) 3 III. IV. V. Certification for the Purchase of Rolling Stock VI. Bus Testing Certification VII. Charter Service Agreement VIII. School Transportation Agreement IX. Certification for Demand Responsive Service X. Substance Abuse XI. Certification for Project Involving Financing Costs XII.Certifications for the Urbanized Area Formula Program and the Job Access and Reverse Commute Program Transit Enhancement Activities Report Submitted (Required for Recipients with 200,000 or more population) Appendix A FEDERAL FY 1999 CERTIFICATIONS AND ASSURANCES FOR FTA ASSISTANC~ij6 Name of Applicant: Collier County Board of County Commissioners The Applicant agrees to comply with applicable requirements of Categories I-XV. X~ (The Applicant may make this selection in lieu of individual selections below) OR The Applicant agrees to comply with the applicable requirements of the following categories it has selected: I. Certifications and Assurances Required of Each Applicant. ~ II. Lobbying Certification Effects on Private Mass Transportation Companies Public Hearing Certification for a Project with Substantial Impacts - 3 1999 XIII. Certifications for the Elderly and Persons with Disabilities Program XIV. Certifications for the Nonurbanized Area Formula Program XV. Certif'~cations for the State Infrastructure Bank (SIB) Program (Both sides of this Signature Page must be appropriately completed and signed where indicated.) Appendix A 16A24 FEDERAL FISCAL YEAR 1999 FTA CERTIFICATIONS AND ASSURANCES (Required of all Applicants for FTA assistance and all FTA Grantees with an active Capital or formula project) AUG- 3 1999 Name of Applicant: Collier County Board of County Commissioners Name and Relationship of Authorized Representative: Pamela S. Mac'Kie, Chairwoman BY SIGNING BELOW I, Pamela S. Mac'Kie, Chairwoman, on behalf of the Applicant, declare that the Applicant has duly authorized me to make these certifications and assurances and bind the Applicant's compliance. Thus, the Applicant agrees to comply with all Federal statutes, regulations, executive orders, and administrative guidance required for each application it makes to the Federal Transit Administration (FTA) in Federal Fiscal Year 1999. FTA intends that the certifications and assurances the Applicant selects on the other side of this document, as representative of the certifications and assurances in Appendix A, should apply, as required, to each project for which the Applicant seeks now, or may later, seek FTA assistance during Federal Fiscal Year 1999. The Applicant aft'ms the truthfulness and accuracy of the certifications and assurances it has made in the statements submitted herein with this document and any other submission made to FTA, and acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 et seq., as implemented by U.S. DOT regulations, "Program Fraud Civil Remedies, "49 CFR part 31 apply to any certification, assurance or submission made to FTA. The criminal fraud provisions of 18 U.S.C. 1001 apply to any certification, assurance, or submission made in connection with the Urbanized Area Formula Program, 49 U.S.C. 5307, and may apply to any other certification, assurance, or submission made in connection with any other program administered by FTA. In signing this document, I declare under penalties of perjury that the foregoing certifications and assurances, and any other st t t d b~true and correct. Signat&e// L,/' "~ ~ ' _ __ // ' Namer/ Pareels S. Mac'Kie. Chairwon/an .. Auth ' dRo es t tiv~ofAPplic~at /attest as to ¢l ltrma'$ / signature only. fOF AFFIRMATION OF APPLICANT'S ATTORNEY ~t'" "' ; .... "' ..... Collier County Board of County Commissioners(Name of A )pqPc ilit ': :.':' i., As the undersigned legal counsel for the above named Applicant, I hereby affirm to the Applicant that it has authority under state and local law to make and comply with the certifications and assurances as indicated on the foregoing pages. I further affirm that, in my opinion, the certifications and assurances have been legally made and constitute legal and binding obligations on the Applicant. I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these certifications and assurances, or of the performance of the project. Furthermore, if I become aware of circumstances that change the accuracy of the foregoing statements, I will notify the Applicant promptly, which may so inform FTA. ,~.Signaturc~ ~ ~ Date: ame D~v~d C. We~el, County Attorney Applicant's Attorney Each Applicant for FTA financial assistance (except 49 U.S.C. 5312(b) assistance) and each FTA Grantee with an active capital or formula project must provide an Attorney's affirmation of the Applicant's legal capacity. The Applicant may enter its PIN number in lieu of the electronic signature of its Attorney, provided the Applicant has on file this Affirmation of its Attorney in writing dated this Federal fiscal year. August 3, 1999 Item #16A25 AMENDMENT NO. i FOR CONTRACT GC526 WITH THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP), FOR PETROLEUM STORAGE FACILITY ASSESSMENTS WITHIN THE COUNTY Page 181 P CONTRACT NO. GC526 AMENDMENT NO. 1 AUG- 3 1999 · ,~ ~:mered into on the 1s* day of October, 1997, between the FLORIDA DEPART~-N~ OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department" or "DEP") and the COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS (hereinafter referred to as the "CONTRACTOR") is hereby amended. WHEREAS, the Department repealed Chapter 62-762, Florida Administrative Code effective July 13*, 1998; and, WHEREAS, several of the attachments included as part of the Contract have been revised as guidance documents and are subject to change periodically; and, WHEREAS, modification of the general provisions of the Contract are necessary due to program changes. NOW, THEREFORE, the parties hereto agree to the following: · All references to Chapter 62-762, Florida Administrative Code, are hereby deleted. · Paragraph 1.B of the SCOPE OF SERVICES section is hereby replaced in its entirety with the following: Bo Meeting with the owners or operators of all regulated facilities in Collier County and detentfining compliance with Chapter 62-761, F.A.C., and Chapter 376, Florida Statutes, with the exception of CONTRACTOR-owned/operated facilities. Inspections should be performed in accordance with each executed Task Assignment in the following priority order: Perform a discharge inspection at all facilities with known or suspected discharges involving free product within twenty-four (24) hours of receipt of notification. Send Cleanup Notification letter to facility owners or operators. Perform a discharge inspection at all facilities with known or suspected discharges within ten (10) working days of receipt of notification. Send Cleanup Notification Letter to facility owners or operators, if appropriate. 3. Perform all Closure Inspections at all known storage tank system closure activities. Perform all installation inspections of new installations in Collier County to ensure that the system is properly installed and constructed in accordance with the applicable provisions of Chapter 62-761, F.A.C. DEP Contract No. GC526, Amendment No. 1, Page 1 of 7 AU6- 3 1999 Perform routine compliance inspections and required re-inspections at facilities listed on each executed Task Assignment. The list will include all facilities with at least one regulated system. The CONTRACTOR will perform routine compliance inspections and required re-inspections of facilities listed on each executed Task Assignment based on resources and priorities. Facilities not inspected during the current executed Task Assignment must be inspected during the subsequent Task Assignment. Re-inspections should be performed only as needed to verify compliance of items previously identified as having a moderate or major potential for harm to the environment or a moderate or major extent of deviation from the regulations, as referenced in the Storage Tank Penalty Guidelines and Assessments Memo (Guidance Document A) and Appendix A of the Storage Tank & Contamination Monitoring System Guidelines (Guidance Document D). All violations, regardless of severity, which solely involve notification or reporting, will not require a re-inspection. The CONTRACTOR may not perform an indicated re-inspection if the CONTRACTOR and the Department's Task Manager agree it is unwarranted. Paragraph 1.D of the SCOPE OF SERVICES section is hereby replaced in its entirety with the following: Complete inspection forms (Guidance Document E) in accordance with the minimum standards referenced in Guidance Document D. Paragraph 2 of the SCOPE OF SERVICES section is hereby replaced in its entirety with the following: Perform Level One Enforcement actions. These actions shall include investigation and documentation of violations, preparation of noncompliance letters and warning letters and related activities as described in Attachment A and in accordance with the Storage Tank Program Guidance Memo on Post Inspection Procedures (Guidance Document B) and Level of Effort Memo (Guidance Document H). Level One enforcement activities shall be conducted by an individual(s) in a position equivalent to an Environmental Specialist II level or higher. Noncompliance letters may be prepared and sent by an individual(s) at the Environmental Specialist I level under the direction of an individual at the Environmental Specialist II level or higher. All enforcement documents shall be on DEP forms, in DEP format, or have DEP approval. Any penalties assessed under this Contract shall be in accordance with DEP's penalty policy and procedures. DEP Contract No. GC526, Amendment No. 1, Page 2 of 7 AU6- 3 1999 Paragraph 3 of the SCOPE OF SERVICES section is hereby replaced in its entirety with the following: o The CONTRACTOR shall assess performance levels monthly to determine its progress towards completion of each Task Assignment and upon discovery shall notify the DEP Task Manager of any problems that would delay or prevent the timely progress and completion of each Task Assignment. Four months from the effective date of each Task Assignment, the CONTRACTOR should have completed 33 percent of the required routine compliance inspections as indicated by the Task Assignment. If the actual number of required routine compliance inspections falls below 20 percent for the fourth month, 30 percent for the fifth month, 40% percent for the sixth month, 48 percent for the seventh month, 57 percent for the eighth month, 65 percent for the ninth month, 73 percent for the tenth month, or 82 percent for the eleventh month, then the CONTRACTOR shall submit a Corrective Action Plan, within ten (10) days of receipt of a written request from the DEP Task Manager, to the DEP Task Manager describing the steps it will take to meet the terms of the Task Assignment. If there is any indication that other required inspections are not being performed, the DEP Task Manager may request the submission of a Corrective Action Plan. The DEP Task Manager shall be responsible for reviewing the plan and notifying the CONTRACTOR if the plan is approved or in need of revision. If the CONTRACTOR does not successfully implement the Plan as approved by the DEP Task Manager for the remaining months of the Task Assignment, the Department may withhold timber payment of monthly invoices until such time as the CONTRACTOR comes into compliance with those performance levels as outlined above. A completion rate of 100 percent is required for those activities described in paragraph 1, above, and as set forth in the Task Assignment. In the event the CONTRACTOR is unable to meet 100% performance levels set forth in the Task Assignment, the Department reserves the fight to seek cost recovery according to the percentage of the amount identified in the executed Task Assignment, unless failure of the CONTRACTOR to perform is documented to be beyond the foreseeable control of the CONTRACTOR (i.e. a force majeure event). Paragraph 1 of the CONTRACTOR RESPONSIBILITIES section is hereby revised to read as follows: Administer the compliance verification program, provide technical assistance, and perform enforcement actions. Enter into STCM and PCTS related data generated from the inspections under the direction of the DEP prior to the submittal of an invoice and yellow copies of the compliance verification forms to the District. Paragraph 12 of the CONTRACTOR RESPONSIBILITIES section is hereby revised to read as follows: DEP Contract No. GC526, Amendment No. 1, Page 3 of 7 · " AUG- 3 1999 12. Perform all clerical and data entry activities for the above mentioned tasks, by an individual at a minimum equivalent to a Secretary Specialist level or higher. Data entry will be performed in accordance with the Storage Tank & Contamination Monitoring System Guidelines and meet the time frame established in the Reports and Deliverables section of this Contract. Paragraph 20 of the CONTRACTOR RESPONSIBILITIES section is hereby revised to read as follows: 20. Acknowledge receipt of the following guidance documents: ho B. C. D. E. Fo Storage Tank Penalty Guidelines and Assessments Memo Storage Tank Program Guidance Memo on Post Inspection Procedures Pollutant Storage Tank Closure Assessment Requirements Storage Tank & Contamination Monitoring System Guidelines Storage Tank Facility Compliance Inspection Report Form and Database Entry Forms Compliance Verification Program Local Program Review Form Contractual Services Invoice Level of Effort Memo The CONTRACTOR agrees that the services required under this Contract shall be performed in accordance with the above listed guidance documents and as those documents may be amended from time to time. Paragraph 8 of the DEP RESPONSIBILITIES section is hereby revised to read as follows: At least once annually, perform a Program Review using the Compliance Verification Program Local Program Review Form (Guidance Document F). The CONTRACTOR shall be notified, in writing, at least fourteen (14) calendar days prior to performance of such review. The DEP Task Manager may perform additional program reviews, as deemed necessary, to insure lhe required performance of the CONTRACTOR. The REPORTS AND DELIVERABLES section of the Contract is hereby revised to read as follows: In an effort to conserve and recycle natural resources, the CONTRACTOR shall submit all reports and correspondence generated under this Contract on recycled paper. The CONTRACTOR shall complete the appropriate section(s) of the Storage Tank Facility Compliance Inspection Report Form and Database Entry Forms (Guidance Document E) for each facility inspected. The CONTRACTOR shall send copies to the DEP Task Manager's attention at the Florida Department of Environmental Protection, South District Office, Storage Tank Regulation Section, 2295 Victoria Avenue, Suite 364, Ft. Myers, Florida 33901, on a monthly basis, and enter this information, along with enforcement tracking DEP Contract No. GC$26, Amendment No. 1, Page 4 of 7 AU6- 3 1999 information, into the DEP computer database by the 10th day of the following month. The yellow copy of all compliance verification forms completed each month shall be submitted along with the invoice to the DEP-Distriet Office no later than the 15t~ day of the following month. If the 15tu falls on a weekend or State observed holiday, the CONTRACTOR shall submit the required information no later than the next business day following the weekend or holiday. The DEP Task Manager shall verify the number of compliance verification inspection forms received and entered into the STCM database before the monthly invoice is forwarded to the Bureau of Petroleum Storage Systems in Tallahassee, Florida for processing. The DEP has ten (10) working days from the receipt of all deliverables and reports to review the work performed by the CONTRACTOR during the invoice period. If the CONTRACTOR fails to perform as directed by the terms of this Contract, the DEP shall return the unpaid invoice and/or reports and deliverahles to the CONTRACTOR documenting the areas in which the CONTRACTOR has failed to meet its contractual obligations. · The PAYMENTS section of the Contract is hereby revised to read as follows: The CONTRACTOR shall submit monthly invoices in the amount specified in the executed Task Assignment. Each invoice shall be submitted using the Contractual Services Invoice form provided as Guidance Document G. Each invoice is due no later than the 15~ day of the month following the month of services. Travel expenses associated with the annual meeting, Storage Tank Program Guidance Meetings, Tanks Program Supervisor's Meetings, and travel required for inspections, enforcement re-inspections, district coordination, training and monthly teleconferenees are included in the monthly payment schedule and no additional travel expenses will be authorized. Each invoice must be submitted in detail sufficient for pre-audit and post-audit review. A final invoice must be submitted within thirty (30) days of the completion date of the end of the executed Task Assignment to assure the availability of funding for payment. The DEP shall pay all satisfactory invoices in accordance with Section 215.422, Florida Statutes. Two copies of each invoice shall be submitted to: Department of Environmental Protection South District Office Attn: Send to the DEP Task Manager ~ Attention 2295 Victoria Avenue, Suite 364 Ft. Myers, Florida 33901 Pursuant to Section 215.422, Florida Statutes, the Department's Contract Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the services for payment; the Department must submit a request for payment to the Florida Department of Banking and Finance within twenty (20) days; and the Department of Banking and Finance is given ten (10) days to issue a warrant. Days are calculated from the latter date the invoice is received or services received, inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice has been received. Invoices which have to be returned to a contractor for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida Department of Banking and Finance who may be DEP Contract No. GC526, Amendment No. 1, Page $ of 7 AUG- 3 1999 contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/488-2924 or 1-800-848-3792. In accordance with Section 215.422, Florida Statutes, the Department shall pay the CONTRACTOR, interest at a rate as established by Section 55.03(1), Florida Statutes on the unpaid balance, if a warrant in payment of an invoice is not issued within forty (40) days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless a contractor requests payment. The interest rate established pursuant to Section 55.03(1), by Comptroller's Memorandum No. 11 (1998-99) dated December 2, 1998, has been set at 10% per annum or .02740% per day. The revised interest rate for each calendar year beyond 1999 for which the term of this Contract is in effect can be obtained by calling the Department of Banking and Finance, Vendor Ombudsman at the telephone number provided above or the Department's Contracts Section at 850/922-5942. The following attachments are hereby deleted in their entirety. =:~ Attachment C, Pollutant Storage System Compliance Inspection Verification Program Review (7 pages) :=> Attachment D, Pollutant Storage Tank System Inspection Report Form (9 pages) => Attachment E, Florida Petroleum Liability and Restoration Insurance Program Checklist (2 pages) =~ Attachment F, Contractual Services Invoice Form (4 pages) In all other respects, the Contract of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK D!r.p Contract No. GC$26, Amendment No. 1, Page 6 of 7 AU6- 3 1999 IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year last written below. COLLIER COUNTY BOARD OF COUNTY_COMMISSIONERS By' T FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Secretary or designee DEP Contracts Approved as to form and legality: DEP ~ttomey DEP Contract No. GC$26, Amendment No. 1, Page 7 of 7 August 3, 1999 Item #16A26 PUBLIC TRANSPORTATION DEVELOPMENT PLAN AND CREATION OF A PUBLIC TRANSPORTATION MANAGER POSITION AND LETTER ACKNOWLEDGING COUNTY,S ROLE AS GOVERNING AGENCY Page 182 Appendix A - 3 1999 FEDERAL FISCAL YEAR 2000 FTA CERTIFICATIONS AND ASSURANCES (Required of all Applicants for FTA assistance and all FTA Grantees with an active Capital or formula project) Name of Applicant: Collier County Board of County Commissioners Name and Relationship of Authorized Representative: Pamela S. Mac'Kie, Chairwoman, Collier County BCC BY SIGNING BELOW I, Pamela S. Mac'Kie, on behalf of the Applicant, declare that the Applicant has duly authorized me to make these certifications and assurances and bind the Applicant's compliance. Thus, the Applicant agrees to comply with all Federal statutes, regulations, executive orders, and administrative guidance required for each application it makes to the Federal Transit Administration (bTA) in Federal Fiscal Year 2000. FTA intends that the certifications and assurances the Applicant selects on the other side of this document, as representative of the certifications and assurances in Appendix A, should apply, as required, to each project for which the Applicant seeks now, or may later, seek FTA assistance during Federal Fiscal Year 2000. The Applicant affirms the truthfulness and accuracy of the certifications and assurances it has made in the statements submitted herein with this document and any other submission made to FTA, and acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 et seq., as implemented by U.S. DOT regulations, "Program Fraud Civil Remedies, "49 CFR part 31 apply to any certification, assurance or submission made to IrA. The criminal fraud provisions of 18 U.S.C. 1001 apply to any certification, assurance, or submission made in connection with the Urbanized Area Formula Program, 49 U.S.C. 5307, and may apply to any other certification, assurance, or submission made in connection with any other program administered by FTA. In signing this document, I declare under penalties of perjury that the foregoing certifications and ass~i'ances, and other statements made by me on behalf of the Applicant are true and correct. Signature Date:__ Name: Pamela S. Mac'Kie, Chairwoman, Collier County BCC Authorized Representative of Applicant AFFIRMATION OF .aPPLICANT'S ATTORNEY for Collier County Board of County Commissioners As the undersigned legal counsel for the a~ve nam~ Applicant, I hereby amrm to the Applicantgat under state and local law to make and comply with the certifications and assurances as indicat~ on the foregoing I fuRher affirm that, iu my opinion, the ce~ifications and assurances have been legally made and constitute legal and binding obligations on the Applicant. I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or imminent that might adversely affect the validity of these certifications and assurances, or of the performance of the project. Furthermore, ifl become aware of circumstances that change the accuracy of the foregoing statements, I will notify the Applicant promptly, which may so inform FTA. Signature d~~--' g ~,~-~ Date:.__~-- ~'~--~ _ Name: David Weigel, County Attorney Each Applicant for FTA financial assistance (except 49 U.S.C. 5312(b) assistance) and each FTA Grantee with an active capit',d or formula project must provide an Attorney's affirmatic, n of the Applicant's legal capacity. The Applicant may enter its PIN number in lieu of the electronic signature of its Attorney, provided the Applicant has on file this Affirmation of its Attorney in writing dated this Federal fiscal year. AUG- 3 1999 John C. Norris District 1 James D. Carter, Ph.D. District 2 Timothy J. Constantine District 3 Pamela S. Mac'Kie District 4 Barbara B. Bemj District 5 3301 East Tamiarni Trail · Naples, Florida 34112-4977 (941) 774-8097 · Fax (941) 774-3602 August 3, 1999 Mr. John Starling, District Public Transportation Manager Florida Department of Transportation P.O. Box 1249 Bartow, Florida 33831-1249 Re: Public Transportation in Collier County Dear Mr. Starling: The Board of County Commissioners has agreed to become the Governing Agency for transit in Collier County. As such, Collier County requests that the Florida Department of Transportation make appropriate state and federal funding allocations for the purchase and operation of transit equipment in Collier County. Details of the amounts and time frames will follow. YourS, Chairwoman, Board of County Commissioners C.C Robert Fernandez, County Administrator Vincent Cautero, AICP, Community Development and Environmental Services Division Administrator Robert Mulhere, AICP, Planning Services Director Gavin Jones, P.E., Transportation Planning Manager John Limbaugh, Intergovernmental Liaison, FDOT Ft. Myers office Fran Theberge, Transit Project Coordinator, FDOT Ft. Myers office 16 ,P6 Appendix A FEDERAL FISCAL YEAR 2001 FTA CERTIFICATIONS AND ASSURANCES Required of all Applicants for FTA assistance and all FTA Grantees with an active capital or formula project) Name of Applicant: Collier County Board of County Commissioners Name and Relationship of Authorized Representative: James D. Carter, Ph.D., Chairman, Collier County BCC. BY SIGNING BELOW I, James D. Carter, on behalf of the Applicant, declare that the Applicant has duly authorized me to make these certifications and assurances and bind the Applicant's compliance. Thus, the Applicant agrees to comply with all Federal statutes, regulations, executive orders, and administrative guidance required for each application it makes to the Federal Transit Administration (FTA) in Federal Fiscal Year 2001. FTA intends that the certifications and assurances the Applicant selects on the other side of this document, as representative of the certifications and assurances in Appendix A, should apply, as required, to each project for which the Applicant seeks now, or may Pater, seek FTA assistance during Federal Fiscal Year 2001. The Applicant affums the tmth~lness and accuracy of the certifications and assurances it'has made in the statements submitted herein with this document and any other submission made to FTA, and acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, 31 U.S.C. 3801 et seq.., as implemented by U.S. DOT regulations, "Program Fraud Civil Remedies," 49 CFR part 31 apply to any certification, assurance or submission made to FTA. The criminal fraud provisions of 18 U.S.C. 1001 apply to any certification, assurance, or submission made in connection with the Urbanized Area Formula Program, 49 U.S.C. 5307, and may apply to any_other certification, assurance, or submission made in connection with any other program administered In signing this document, I declare under penalties of perjury that the foregoing certifications and ~sumxid~g}':~and: .'.;': ~! any other statements made bygle~m-b~a~cant are true and correct. attest ~~~art.. er Pt. D., Chair~n, Colher County BCC ~TT[~f Authorized Representative of A~mlicant DIN I GHT for Conie County Board of County Co , issioners -'-- As the undersigned legal counsel for the above named Applicant, I hereby affirm to the Applicant that it has authority under state and local law to make and comply with the certifications and assurances as indicated on the foregoing pages. I further affm,a that, in my opinion, the certifications and assurances have been legally made and constitute legal and binding obligations on the Applicant. I further affirm to the Applicant that, to the best of my knowledge, there is no legislation or litigation pending or imm'ment that might adversely affect the validity of these certifications and assurances, or of the performance of the project. Furthermore, if I become aware of circumstances that change the accuracy of the foregoing statements, I will notify the)~ic~i prTptly,~FTA. Signature _ - Date: _./ Name: H~ ~ I ~. ~JqlDPO ~ A i,6~'~-e'rt' tDU~)l~t Applicant's Attorney Each Applicant for FTA financial assistance (except 49 U.S.C. 5312(b) assistance) and each FTA Grantee with an active capital or formula project must provide an Attorney's affirmation of the Applicant's legal capacity. The Applicant may enter its PIN number in lieu of the electronic signature of its Attorney, provided the Applicant has on file this Affirmation of its Attorney dated this Fedl~xa[ fiscal year. 16 26 Appendix A FEDERAL FY 2001 CERTIFICATIONS AND ASSURANCES FOR FTA ASSISTANCE Name of Applicant: _Collier County BCC The Applicant agrees to comply with applicable requirements of Categories I - XV. _Yes__ (The Applicant may make this selection in lieu of individual selections below.) OR The Applicant agrees to comply with the applicable requirements of the following categories it has selected: II. III. IV. V. VII. IX. X. XI. XII. Certifications and Assurances Required of Each Applicant. Lobbying Certification Effects on Private Mass Transportation Companies Public Hearing Certification for a Project with Substantial Impacts Certification for the Purchase of Rolling Stock Bus Testing Certification. Charter Service Agreement. School Transportation Agreement. Certification for Demand Responsive Service Substance Abuse Certifications Certification for a Project Involving Financing Costs Certifications for the Urbanized Area Formula Program and the Job Access and Reverse Commute Program Transit Enhancement Activities Report (Required for Recipients with 200,000 or more population) Submitted XIII. Certifications for the Elderly and Persons with Disabilities Program XIV. Certifications for the Nonurbanized Area Formula Program XV. Certifications for the State Infrastructure Bank (SIB) Program (Both sides of this Signature Page must be appropriately completed and signed where indicated.) August 3, 1999 Item #16B1 ALTERNATE ROAD IMPACT FEE FOR THE NAPLES EXECUTIVE GOLF COURSE - IN THE AMOUNT OF $34,678.77 Item #16B2 ALTERNATE ROAD IMPACT FEE FOR THE OLD CYPRESS (FKA WOODLANDS) GOLF AND COUNTRY CLUB - IN THE AMOUNT OF $15,044.47 Item #16B3 ALTERNTAE ROAD IMPACT FEE CALCULATION FOR THE VANDERBILT COUNTRY CLUB (VCC) DEVELOPMENT IN THE AMOUNT OF $538,658 Item #16B4 - Moved to Item #8B5 Item #16B5 RESOLUTION 99-317, PROVIDING FOR THE TENTATIVE AWARD OF A CONTRACT TO PROJECT INTEGRATION, INC., TO CONSTRUCT IMPROVEMENTS TO THE NORTH COUNTY WATER RECLAMATION FACILITY - IN THE AMOUNT OF $18,350,000.00 Page 183 RESOLUTION NO. 99- 317 A RESOLUTION OF TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX- OFFICIO THE GOVERNING BOARD OF TIlE COLLIER COUNTY WATER SEWER DISTRICT, PROVIDING FOI~ THE TENTATIVE AWARD OF A CONTRACT TO PROJECT INTEGRATION, INC., TO CONSTRUCT IMPROVEMENTS TO THE NORTH COUNTY WATER RECLAMATION FACILITY PURSUANT TO THE FLORIDA STATE REVOLVING LOAN FUND PROGRAM, SUBJECT TO REGULATORY APPROVAL; AUTltORIZING EXECUTION OF TIlE CONTRACT DOCUMENTS BY TilE CllAIRMAN OF Tile BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR Tile READING OF Tills RESOLUTION BY TITLE ONLY; AND PROVIDING AN EFFECTIVE DATE. 0 3 WHEREAS, the Board of County Commissioners wishes to utilize funds from the Florida State Revolving Fund (SRF) Loan Program to construct improvements at thc North County Water Reclamation Facility, and WHEREAS, on June 9, 1999, bids wcrc received for thc project to construct improvements at the North County Water Reclamation Facility; and WHEREAS, the Board of County Commissioners' cousulting engineer, Hazcn and Sawyer, P.C., has recommended tentative award of thc contract to Project Integration, Inc., in thc amount of eighteen million three hundred fifty thousand dollars (18,350,000.00), NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, that: SECTION ONE: A contract to construct improvcmcnts to thc North County Water Reclamation Facility, pursuant to Bid No. 99-2908, is conditionally awarded to Project Integration, Inc., in the total contract amouut of $18,350,000.00 subject to approval by thc Florida Department of Environmental Protection, and authorizes their Chairman to execute the contract documents. SECTION TWO: This Resolution shall take effect immediately upon adoption. ~.PASS, ED AND DULY ADOPTED · !~ ~ ,~.. It .,E~llier,, count~,' Florida this',~,/¥t-- day of :ATTEST: Dwight E. Brock, Clerk ~ . ?~y., Attest Chat 's slgaat by the Board of County Commissioners ~ , 1999. BOARD OF COUNTY COMMISSION'tiRS c 7777 I)y:J~/~ ' ' ' ' " 7 ' I'amcla S. Mac'Kic, Chair3~'oman /  ~ficiency: Assistant County Attorney of August 3, 1999 Item #16B6 WORK ORDER VGW-FT-99-3 TO THE V GROUP WILKISON JOINT VENTURE FOR ENGINEERING SERVICES REALTED TO A PROPOSED 20-INCH RECLAIMED WATER MAIN ALONG VANDERBILT BEACH ROAD, PROJECT 74034 - IN THE AMOUNT OF $78,015 Page 184 AU6 0 3 '1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 August 3, 1999 Item #16B7 DONATION AGREEMENT AND UTILITY EASEMENT FROM AUDUBON JOINT VENTURE FOR ACCESS AND MAINTENANCE WITHIN AUDUBON COUNTRY CLUB Page 185 PROJECT: 74020 FOLIO: 22510003009, 22510002204, 22510003601 DONATION AGREEMENT THIS DONATION AGREEMENT (hereinafter referred to as the "Agreement") is made and entered by and between AUDUBON JOINT VENTURE, a Florida general partnership, whose mailing address is 15725 North Tamiami Trail, Naples, FL, hereinafter referred, to as Owner, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE (~OVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as County. (wherever used herein the terms "Owner" and "County" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns) WITNESSETH: WHEREAS, Collier County has requested that Owner convey to the County a perpetual, non-exclusive easement for the purpose of constructing, operating, and maintaining utility facilities utilities over, under, upon and across the Owner's property described in Exhibit "A" which is attached hereto and made a part of this Agreement; and Whereas, Owner recognizes the benefit to Owner and desires to convey the Easement to the County for no compensation for the stated purposes, on the terms and conditions set forth herein; and NOW, THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey an Easement to Collier County at no cost to the County for utility purposes. 2. Owner is aware and understand that this Agreement is subject to the acceptance and approval by the Board of County Commissioners of Collier County, Florida. 3. Prior to Closing, Owner shall obtain form the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, propedy executed, to Pumhaser on or before the date of Closing. 4. The County shall pay for all costs of recording the conveyance instrument in transaction in the Public Records of Collier County, Florida. 5. This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustees, and/or assignees, whenever the context so requires or admits. 6. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before the Property held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes. 7. This Agreement is governed and construed in accordance with the laws of the State of Florida IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. AS TO PURCHASER: DATED::~,~,,~ ATlEST: DWIGHT E. BROCK, Clerk ~Z/,~/~9F~-4~4~ De~)u~y Clerk s~gnl~ure ~]$. BOARD OF COUNTY COMMISSIONERS WlT, NESSES: ~. ,,,~ Wit~es~(Sig?ature) N a me'~././//YT-//// /~__~' "(Print) Witness (Signature) Name:~~¢~ (Print) Audubon Joint Venture a Florida general partnership Title/Name (Print or type) Page 3 STATE OF COUNTY OF The foregoing Donation Agreement was acknowledged before me this ~ day of Aud~~ubo,n1999, by (name)~ObEgF I{-. ~--~r,/ as (title)~¢r~g~. Joint Venture, a Florida general paAnership, on behalf of the paAnership, who is ~6n~ll~ known to ~or who has produced as identification. (a~x notarial seal) ~~ ~ ~ (Si~ature of Nota~ Public) y~.-~-~ ~nel~e L A~orn ~.: t,~ ~COMMISSION~CC?~22~ E~ES ( Print name of Nota~ Public) ~ )u~ 2~ 2002 NOTARY PUBLIC Seriam/Commission ~' if any. My Commission Expires: Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney PROJECT: 74020 FOLIO: 22510003009, 22510002204, 22510003601 UTILITY EASEMENT THIS EASEMENT, made and entered into this ).~/~-- day of A?';! , 19 <Icj , by AUDUBON JOINT VENTURE, a Florida general partnership, as Grantor, to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER.SEWER DISTRICT, 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors or assigns.) WlTNESSETH: 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, its successors and assigns, a perpetual, non-exclusive easement, license, and privilege for utility purposes, on the following described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY ~ TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, excavate, and place or remove materials including, but not limited to, sewer lines and pipes, service and pump stations, and other eq~!pment or improvements appurtenant thereto or thereunder for the purpose of constructing, operating, and maintaining utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. Page 2 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. WI~N/I~SSES/;~ ,. Witne§s (Signa{u~$) Name: (~rint) Witness (Signature) Name~~~ (Print) Audubon Joint Venture a Florida general partnership Title/Name _ Name: ~'~3~ }'-} (Print or type) COUNTY OF The foregoing Eas~,:qent was ac.knowledged before me this ,)..sT`` ~ay of 1999, by (name) ~'0~c~-~--T ~1' ~(~J~' as (title)~.~f'LpL ~.~-P_r~a~.----rz_ of loint Venture, a Florida general partnershiP, on behalf of the partnership, who ly ~n~wn to m~'~or who has produced as identification. (affix notarial seal) (Signature of Notary Public) ~'""~-~., Penelope L Alcom ..'.~ . ,~ ~,~,...~_.= MY COMMISSION ,f ¢¢76~2~ EXPIRES · .~, .~- ~ :u~ 2¢ 2002 8~D ~U ~y F~ I~U~ ~C ( Print name of Notary Public) NOTARY PUBLIC Serial/Commission #' if any My Commission Expires: AUDUBON BOULEVARD TRACT R ., · ~UG ~ 3 1999 N SCALE: 1' '- 50,' SOUTH UNE, AUDUBON COUNTRY CLUB, UNIT TWO S.E. COR. AUDUBON COUNmY CLUB, UNIT TWO S B%~.~3_l' w ~ OF THE CENTERLINE OF A 15 FEET WiDE STRIP OF LAND RUNNING THROUGH TRACTS L-17, V-12 &: R OF AUDUBON COUNTRY CLUB, UNIT TWO, PLAT BOOK 21, PAGES 21-26, COLLIER COUNTY, FLORIDA: COMMEN~. lNG AT THE SOUTHEAST CORNER OF SAID AUDUBON COUNTRY CLUB, UNIT TWO, THENCE ALONG THE SOUTH LINE OF SAID PLAT,  .~U~TH 89'36'31" WEST 25.00 FEET; THENCE ALONG THE WEST LINE OF RACT Y OF SAID PLAT, A.K.A., THE WEST RIGHT-OF-WAY LINE OF VANDERBILT DRIVE (AS CONVEYED ON SAID PLAT), NORTH 00'44'27" WEST 11`3.86 FEET TO THE POINT OF BEGINNING; THENCE NORTH 66' `39'45" WEST 29.14 FEET; THENCE BY A LINE RUNNING PARALLEL TO AND 7.50 FEET SOUTHERLY OF THE SOUTH LINE OF TRACT R, SOUTH 89'15'3.3" WEST 173.97 .FEET; THENCE SOUTH `35'57'53" WEST' 5.3.00 FEET TO THE ~OINT OF TERMINATION. THIS IS NOT A SURVEYI SKETCH OF DESCRIPTION FOR COLLIER COUNTY PUBLIC WORKS FILE: CCAUDCC. DWG PREPARED BY: · ~L~I$ONo ~.$.M. C..**-*'H. ORIDA UCENSE NO. LS4675 WILKISON &: ASSOCIATES CONSULTING ENGINEER$.. AND SURVEYORS 3506 EXCHANGE AVE. NAPLES, FLA. 34104 (941 643-240~ FAX NO. 941 64-3-5173 DATE, I FI] 09-30-98 ! 200 PO DRAWN BY 36 JPO W.O../I:)WG: NO.. 145SS/S-L-A-g2 August 3, 1999 Item #16B8 RESOLUTION 99-318, DECREASING THE EXISTING SPEED LIMIT FROM THIRTY MILES PER HOUR (30 MPH) TO TWENTY-FIVE MILES PER HOUR (25 MPH) AND TO PROHIBIT THE OPERATION OF TRUCKS AND OTHER COMMERCIAL VEHICLES HAVING A RATED LOAD-CARRYING CAPACITY IN EXCESS OF ONE (1) TON FROM THROUGH MOVEMENTS ON CERTAIN STREETS IN THE ESTEY AVENUE AREA AND BROOKSIDE AREA NEIGHBORHOODS Page 186 AUG- 3 1999 RESOLUTION NO. 99- ~l~ A RESOLUTION TO DECREASE THE EXISTING SPEED LIMIT FROM THIRTY MILES PER HOUR (30 MPH) TO TWENTY-FIVE MILES PER HOUR (:25 MPH) AND TO PROHIBIT THE OPERATION OF TRUCKS AND OTHER COMMERCIAL VEHICLES HAVING A RATED LOAD-CARRYING CAPACITY IN EXCESS OF ONE (1) TON FROM THROUGH MOVEMENTS ON CERTAIN STREETS IN THE ESTEY AVENUE AREA AND BROOKSIDE AREA NEIGHBORHOODS. WHEREAS, Chapter 316, Florida Statutes, permits the Board of County Commissioners (BCC) to alter or establish a twenty-five mile per hour (25 MPH) speed limit on residential streets; and WHEREAS, Chapter 316, Florida Statutes, permits the BCC to regulate or prohibit any classification or kind of traffic found to be incompatible with the normal and safe movements of traffic on roads and streets under its jurisdiction; and WHEREAS, an engineering study by the Department indicates that existing speed limits and Collier County Transportation Services excessive through-truck traffic are not compatible with the existing road conditions through the Estey Avenue area and the Brookside area neighborhoods since the streets are in fully developed residential areas and the pavement width, radii, and right-of-way width are not conducive to through truck-traffic; and WHEREAS, Estey Avenue (from Airport-Pulling Road to Holiday Lane), House Avenue, Steeves Avenue, Hawthorne Court, North Randall Circle, South Randall Circle, Terrace Avenue, Shadowlawn Drive, Pine Street (from Davis Boulevard to Estey Avenue), Pine Lane, Harbor Road, Circle Drive, Mockingbird Lane, Park Way, Rainbow Drive, Christopher Court, Holiday Lane, Harbor Lane, Harbor Place, Brookside Drive, Sunset Lane, Barbizon Lane, Delmar Lane, and Embassy Lane are a contiguous residential street network with roadway widths to accommodate only Iow traffic volumes traveling at Iow speeds; and WHEREAS, the BCC has determined that it will be in the best interest and benefit of the citizens of Collier County to decrease the speed limit from thirty miles per hour (30 MPH) to twenty- five miles per hour (25 MPH), and to prohibit the movement of through truck traffic with a rated load-carrying capacity in excess of one (1) ton on certain streets in the Estey Avenue and Brookside area neighborhoods. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the.speed limit shall be reduced from thirty miles per hour (30 MPH) and is hereby established at twenty-five miles per hour (25 MPH) on the following streets: Estey Avenue (from Airport-Pulling Road to Holiday Lane), House Avenue, Steeves Avenue, Hawthorne Court, North Randall Circle, South Randall Circle, Terrace Avenue, AU6- 3 1999 Shadowlawn Drive, Pine Street (from Davis Boulevard to Estey Avenue), Pine Lane, Harbor Road, Circle Drive, Mockingbird Lane, Park Way, Rainbow Drive, Christopher Court, Holiday Lane, Harbor Lane, Harbor Place, Brookside Drive, Sunset Lane, Barbizon Lane, Delmar Lane, and Embassy Lane. BE IT FURTHER RESOLVED that the operation of trucks and other commercial vehicles -having a rated Icad-carrying capacity in excess of one (1) ton is hereby expressly prohibited on the following streets: Brookside Drive, Pine Street north of Terrace Avenue, Shadowlawn Drive north of Terrace Avenue, and Estey Avenue. BE IT FURTHER RESOLVED that authorization is hereby given to the Collier County Transportation Services Department to erect twenty-five mile per hour (25 MPH) speed limit signs and vehicular Icad limit signs in accordance with Chapter 316, Sections 316.006, 316.008, and 316.189, Florida Statutes, Collier County Ordinance No. 91-25. BE IT FURTHER RESOLVED that a copy of this Resolution shall be tendered to the Collier County Sheriff's Office for enforcement of the speed and Icad limits established herein. BE IT FURTHER RESOLVED that the effective date of the speed reduction and vehicular Icad limit shall be after written notification of the speed limit reduction and vehicular Icad limit is delivered to the Collier County Sheriff's Office and upon posting of appropriate signage. This Resolution adopted after motion, second, and majority vote favoring same this ~.-~J~-~--~ day of ~..~ ~i "!~ ATTEST: · DWIGHT E. BROCKs. Clerk Deputy Clerk Attest as to signature ApOrove~as~ ~ and legal su~ciency: Heidi F. Ashton Assistant County Attorney BOARD OF COUNTY COMMISSIOI;~ERS ,1999. August 3, 1999 Item #16B9 REDESIGN OF AIRPORT-PULLING ROAD TO AN URBAN ROADWAY TO ALLOW FOR PATHWAYS ON BOTH SIDES OF THE ROADWAY UNDER THE SIX LANE IMPROVEMENTS, PROJECT NO. 62031 Item #16B10 BID 99-2927 AWARDED TO SELECTED FIRMS FOR TRENCHLESS SEWER SYSTEM REHABILITATION CONTRACTING SERVICES, PROJECT 73050 Item #16Bll PROFESSIONAL SERVICES AGREEMENT WITH METCALF & EDDY, INC. FOR SOUTH COUNTY REGIONAL WATER TREATMENT PLANT REVERSE OSMOSIS EXPANSION, RFP- 98-2891, PROJECT 70054 - IN THE ESTIMATED AMOUNT OF $3,920,064 Page 187 AU$ 0 3 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 August 3, 1999 Item #16B12 RESOLUTION 99-319, REDUCING THE SPEED LIMIT FROM FIFTY-FIVE MILES PER HOUR (55 MPH) TO FORTY-FIVE MILES PER HOUR (45 MPH) ON IMMOKALEE ROAD (CR 846) FROM WILSON BOULEVARD TO 39TM AVENUE NE, AND ON OIL WELL ROAD (CR 858) FROM CR 846 EASTERLY FOR A DISTANCE OF 0.75 MILES Page 188 AU6- 3 999 RESOLUTION NO. 99- ~ 1 q A RESOLUTION AUTHORIZING SPEED LIMIT REDUCTIONS FROM FIFTY- FIVE MILES PER HOUR (55 MPH) TO FORTY-FIVE MILES PER HOUR (45 MPH) ON iMMOKALEE ROAD (CR 846) FROM WILSON BOULEVARD TO 39TM AVENUE NE, AND ON OIL WELL ROAD (CR 858) FROM CR 846 EASTERLY FOR A DISTANCE OF 0.75 MILES. WHEREAS, Chapter 316, FlOrida Statutes, permits the Board of County Commissioners (BCC) to alter established speed limits on roads under its jurisdiction; and WHEREAS, Immokalee Road (CR 846) and Oil Well Road (CR 858) fall under the jurisdiction· of the BCC; and WHEREAS, in accordance with Section 316, Florida Statutes, the BCC may alter such existing speed limits as may be appropriate upon the basis of an engineering and traffic investigation; and WHEREAS, the results of such engineering and traffic investigations determine that the reduced speed limit is reasonable and safer under the conditions found to exist and it conforms to criteria promulgated by the County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The .BCC does hereby establish a forty-five miles per hour (45 MPH) speed limit on Immokalee Road (CR 846) from Wilson Boulevard to 39th Avenue NE, and on Oil Well Road (CR 858) from CR 846 easterly for a distance of 0.75 miles, and does hereby direct the County Transportation Services Department to erect appropriate advance warning "REDUCE SPEED AHEAD" signs and speed limit signs giving notice thereof. 2. A copy of this Resolution be forwarded to the Collier County Sheriff's Office for proper enforcement of the established speed limit for Immokalee Road (CR 846) and Oil Well Road (CR 858), respectively, within the designated segments. 3. The effective date of the speed limit reduction shall be after wdtten notification to the Sheriff's Office and upon posting of appropriate signage. This Resolution adopted after motion, second, and majority vote favoring same this ~~ day 1999. ATTEST?:;~ ~ ~;~. . ~WIGHT E.~BROCK,',e. Jpt/k , ~ , ,i'i~'' i~L:,.~' .,'~ ~.~' · i',: ~,Dep. utv Clerk..,.,.~ Approved as to form and legal suffi(jiency: . Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS August 3, 1999 Item #16B13 WORK ORDER #TS-CC-9901 TO CABANA CONSTRUCTION CO., INC. FOR BAYSHORE BEAUTIFICATION MSTU JACK AND BORE OPERATION FOR UTILITIES - IN THE AMOUNT OF $62,980.00 Page 189 AUG 0 3 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 August 3, 1999 Item #16B14 BID #99-2955, "IMMOKALEE ROAD GROUNDS MAINTENANCE SERVICE" - AWARDED TO COMMERCIAL LAND MAINTENANCE, INC. IN THE AMOUNT OF $69,387.12 Item %16B15 RESOLUTION 99-320, REDUCING THE SPEED LIMIT FROM FORTY-FIVE MILES PER HOUR (45 MPH) TO THIRTY-FIVE MILES PER HOUR (35 MPH) ON BAYSHORE DRIVE FROM US 41 TO THOMASSON DRIVE FOR A DISTANCE OF ABOUT ONE AND ONE-HALF (1-1/2) MILES Page 190 AU6- 3 1999 RESOLUTION NO. 99-320 A RESOLUTION AUTHORIZING SPEED LIMIT REDUCTIONS FROM FORTY-FIVE MILES PER HOUR (45 MPH) TO THIRTY-FIVE MILES PER HOUR (35 MPH) ON BAYSHORE DRIVE FROM US 41 TO THOMASSON DRIVE FOR A DISTANCE OF 1.5 MILES. WHEREAS, Chapter 316, Florida Statutes, permits the Board of County Commissioners (BCC) to alter established speed limits on roads under its jurisdiction; and WHEREAS, Bayshore Drive falls under the jurisdiction of the BCC; and WHEREAS, in accordance with Section 316, Florida Statutes, the BCC may alter such existing speed limits as may be appropriate upon the basis of an engineering and traffic investigation; and WHEREAS, the results of such engineering and traffic investigatior~s for Bayshore Ddve determine that a reduced speed limit is reasonable and safer under the conditions found to exist and it conforms to cdteria promulgated by the County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. The BCC does hereby establish a thirty-five miles per hour (35 MPH) speed limit on Bayshore Drive from US 41 to Thomasson Drive for a distance of 1.5 miles, and does hereby direct the County Transportation Services Department to erect appropriate advance warning "REDUCE SPEED AHEAD" signs and speed limit signs giving notice thereof. 2. A copy of this Resolution shall be forwarded to the Collier County Sheriff's Office for proper enforcement of the established speed limit for Bayshore Drive, respectively, within the designated segments. 3. The effective date of the speed reduction shall be after written notification of the speed limit reduction is delivered to the Collier County Sheriffs Office and upon posting of signage. * AU6- 3 '1999 This Resolution adopted after motion, second, and majority vote favoring same this ~~ay of BOARD OF COUNTY COMMISSIONERS COLLIER,~UNTY, FLORIDA ~ PAI~IELA S. MAC'KIE, Ch'airw~man August 3, 1999 Item %16B16 INCREASE TO THE CONTRACT WITH TURRELL AND ASSOCIATES FOR ENVIRONMENTAL CONSULTANT SERVICES FOR THE CLAM BAY RESTORATION PROJECT - IN THE AMOUNT OF $40,200.00 Item #16B17 CONFIRMATION AND ACKNOWLEDGEMENT OF EASEMENTS BETWEEN COLLIER COUNTY AND EDMARK VII, L.L.C., TRG NAPLES, LTD. AND THE PRUDENTIAL INSURANCE COMPANY OF AMERICA REGARDING THE LACOSTA APARTMENTS LOCATED AT THE CORNER OF PINE RIDGE ROAD AND THE FUTURE LIVINGSTON ROAD Page 191 UPON RECORDING RETURN TO: Alston & Bird LLP One Atlantic Center 1201 West Peachtree Street Atlanta, Georgia 30309-3424 Attention: Christina K. Bralsted STATE OF FLOR/DA 16 17 2518796 OR: 2581 PG: 1999 HC0RDID in 0~HCIAL HCORDS 0i C0LLIH COUNTY, 08/13/1999 at 10:MAll DWIGHT B. BROCK. CL~R! HC ~B! 87.0 DOC-.70 .7 COHBS letn: ~AL PROP~R?I 8991 COUNTY OF COLLIER CONFIRMATION AND ACKNOWLEDGEMENT OF EASEMENTS THI~O~NFIRMATION AND ACKNOWLEDGMENT OF EASEMENTS, is made as of~--_~_~ 1999, by and between COLLIER COUNTY, a political subdivision of the State of Florida (herein called "Collier County"), and EDMARK VII, L.L.C., a Florida limited liability company (herein called "EdMark"), and joined in by TRG NAPLES, LTD., a Florida limited partnership ("TRG") and THE PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey corporation ("Prudential"). WITNESSETH: WHEREAS, pursuant to that certain Special Warranty Deed dated October 23, 1998 recorded in OR 2487, page 1483 (the "Deed"), a copy of which is attached hereto as Exhibit A and by this reference made a part hereof, TRG conveyed to Collier County certain real property located in Collier County, Florida as therein described; and WHEREAS, pursuant to the Deed, there was reserved from the conveyance the following easements and rights (the "LaCosta Easements"), for the benefit of property (the "LaCosta Property") described on Exhibit C as attached to the Deed: "Grantor hereby reserves unto itself, its successors and assigns and the present and future owners of the property described in Exhibit "C" attached hereto and made a part hereof, a permanent landscape easement over the properties described in Exhibits "A" and "B" for the purpose of installing and maintaining noise and visual landscape buffers between the property described in Exhibit "C" and Collier County Road fight of ways. Grantor hereby further reserves unto itself, its successors and assigns and the present and future owners of the property described in Exhibit "C", a permanent signage easement over the property described in Exhibit "D" for the purpose of installing and maintaining signs advertising the use and ATL0 I/10516754v3 Section 33 Com"u'mation of Easeraents La Costa AparUnents; WCOT 5 activities on the property described in Exhibit "C", for the benefit of the property described in Exhibit "C". Grantor hereby further reserves unto itself, its successors and assigns and the present and future owners of the property described in Exhibit "C", a permanent access,, ingress and egress easement and also a permanent signage easement,' both of which shall be eighty (80) feet in width over the property described in Exhibit "B" at a location to be subsequently mutually agreed upon in accordance with Grantee's Access Management Guidelines. The easements shall be for the use and benefit of the property described in Exhibit "C". The signage easement shall be for the purpose of installing and maintaining signs within the easement, advertising the uses and activities on the property described in Exhibit "C", for the benefit of the property described in Exhibit "C"." All references above to "Grantor" mean "TRG"; all references above to "Grantee" mean "Collier County"; and all references to Exhibits above refer to the Exhibits to the attached Deed. WHEREAS, the Deed was executed by TRG pursuant to that certain Grant of Easement by and between TRG and Prudential recorded in OR 2467, Page 2770, pursuant to which TRG granted to Prudential certain easements for the benefit of the LaCosta Property; and WHEREAS, Collier County desires to confirm, acknowledge and agree that the LaCosta Easements are in full force and effect for the benefit of the LaCosta Property; and WHEREAS, TRG and Prudential desire to assign to EdMark all right, title and interest held by TRG and Prudential in and to the LaCosta Easements, and to consent to the confirmation and acknowledgement by Collier County; NOW, THEREFORE, for and in consideration of the sum ofTen Dollars ($10.00) and other good and valuable consideration in hand paid upon the execution of this Agreement, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: 1. Recitals. The parties each hereby approve the recitations set forth in the preamble of this Agreement and agree that said recitations are true and correct in all respects. 2. Confirmation and Acknowledgement. Collier County hereby confirms, acknowledges and agrees that the LaCosta Easements are in full force and effect for the benefit of the LaCosta Property, and hereby agrees that the land conveyed by the Deed shall be subject to the LaCosta Easements. As confirmed and acknowledged hereby, the LaCosta Easements shall remain in full force and effect and all obligations, covenants, -2- ATL01 I0516754v3 Section ~ 3 Confu'mation of Eaaements La Costa Apartments; WCOT 5 161117 conditions, agreements and other terms and provisions thereof, as confu-med and acknowledged hereby, are hereby ratified, confirmed, reaifarmed and republished, and are hereby incorporated by reference. 3. Counterparts. TRG and Prudential hereby assign to EdMark all right, title and interest held by TRG and Prudential in and to the LaCosta Easements, and hereby consem to the confirmation and acknowledgement by Collier County 4. Successors and Assigns. This Agreement shall be binding upon each party hereto and such party's successors and assigns and shall inure to the benefit of each party hereto and such party's successors and permitted assigns. 5. Counterparts. This Agreemem may be executed in any number of counterparts all of which taken together shall constitute one and the same instrument and any of the parties or signatories hereto may execute this Agreemem by signing any such counterpart. 6. Sever'ability. If all or any portion of any provision of this Agreement shall be held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability shall not effect any other provision hereof or thereof, and such provision shall be limited and construed in such jurisdiction as if such invalid, illegal or unenforceable provision or portion thereof were not contained herein or therein. ATL01/10516754v3 Section 33 -3- Confumation of Easernems La Costa Apartments; WCOT 5 16B17 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in manner and form sufficient to bind it as of the day and year first above written. Tax Parcel ID No.: d)OSl.~q~,c~,~ ~ ~ BOARD OF COUNTY COMMISSIONERS, COLLIER ATL01 10516754v3 S¢Ct1011 .:~ 3 -4- Confumation of Easements La Costa Apartments; WCOT 5 16Bl? Signed, sealed and delivered in the presence of: witne~s Prim~d Name: x.f~7~// Witness Q.)- Printed Name: Tax Parcel ID No.: ~ PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Sersey co~or~ //ff , VICE PREStDENI Address: c/o Prudential Real Estate Investors, Arbor Circle South, 8 Campus Drive Parsippany, New Jersey 07054 ATLOI/IOS16754v3 Section 33 -5- Confumalion of Ea..ma~rts La Costa Apaxtments; WCOT 5 16817 STATE OF ~ '''~- COUNTY OF ~ f' C ~' ~ The foregoing instrument was acknowledged before me this I'~_.___~ay of -5~, i~ , 1999, by 0~( ~ua, q ~ecc, the ~ ¢ of THE PRUDENTIAL INSURANt}E COMPANY OF AMERICA, a New Jersey corporation, on behalf of the Said officer or partner is personally known to me or has produced as identification. Commission Ndmber: A. My Commission Expires: NOTARY PUBLIC OF NLqtt,JERg~'Y ATL01/10516754v3 Section 33 -6- Conftrmation of Easements La Costa Apartments; WCOT 5 16817 Signed, sealed and delivered in the Witness~g"~ Printed ~e~ TRG NAPLES, LTD., a Florida limited partnership corporatio~ / By' /J/-~SW'j' ~ -- ' ~--'~-~e.' ~OCHA b4 Title: EXECUTIVE VICE PRESIDENT Address: Tax Parcel ID No.' ATL01/10516754v3 So.ion 33 -7- Confumafio~ of ~ La Costa Apattmenl~; WCOT 5 16B17 STATE OF COUNTY OF ~e The foregoing instrument was acknowledged before me this ~ I day of ,,._~N~ , 1999, by~-o~"~o 5;.~c~,the ~'-(.e-'c. ~.~ of~GN~LES, ~C., a Florida co~oration, as the generfl p~ner of~G NAPLES, LTD., a ~ofida limited panners~p, on behflfofthe ~7~~ ? S~d o~cer or p~ner is personally ~ to me or has produced as identification. ~ot~Vubl~c - 'L - - 0 Co~ssionNumber: ~.C ~]ZI My Comssion Expires: 5 ~5/~ (NOTARY SEAL) -8- ATLO 1/10516754v3 Confu'mafion of Easements Section 33 La Costa Apartments; WCOT 5 i' :,'i.'.". ...... 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'.:."::'.' .'OF. .'". ::J. :.i:::. :.. ::.....?:. · · ... ..... -:.:..'.:..... .' .... ";,::: August 3, 1999 Item #16B18 AGREEMENT FOR SALE AND PURCHASE WITH MS. ROSE SOMOGYI FOR A PARCEL TO PROVIDE FOR POTENTIAL ACCESS TO FUTURE IMPROVEMENTS TO THE CANAL ALONG THE WEST SIDE OF FOREST LAKES HOMES SUBDIVISION Page 192 AGREEMENT FOR SALE AND PURCHASE AU(}- 3 1999 THIS AGREEMENT is made and entered into by and between ROSE SOMOGYI (hereinafter referred to as "Seller"), and Collier County, a political subdivision of the State of Florida, (hereinafter referred to as "Purchaser"). WITNESSETH WHEREAS, Seller is the owner of that certain parcel of real property (hereinafter referred to as "Property"), located in Collier County, State of Florida, and being more particularly described as follows, to wit; Lot #62, Block A, Forest Lakes Homes, according to the plat thereof, as recorded in Plat Book 12, at Pages 41 thru 46, inclusive, of the Public Records of Collier County, Florida. Subject to easements, restrictions, and reservations of record. WHEREAS, Purchaser is desirous of purchasing the Property, subject to the conditions and other agreements hereinafter set forth, and Seller is agreeable to such sale and to such conditions and agreements. NOW, THEREFORE, and for and in consideration of the premises and the respective undertakings of the parties hereinafter set forth and the sum of Ten Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: I. AGREEMENT 1.01 In consideration of the purchase price and upon the terms and conditions hereinafter set forth, Seller shall sell to Purchaser and Purchaser shall purchase from Seller the Property, described above. II. PAYMENT OF PURCHASE PRICE 2.01 The purchase price (THE "PURCHASE PRICE") for the Property shall be FIFTY THOUSAND FIVE HUNDRED EIGHT AND 40/100 ($50,508.40) DOLLARS, (U.S. Currency) payable at time of closing. III. CLOSING 3.01 The Closing (THE "CLOSING DATE", "DATE OF CLOSING", OR "CLOSING") of the transaction shall be held on or before sixty (60) days following execution of this Agreement by the Purchaser but not later than May 1, 1999, unless extended by mutual written agreement of the parties hereto, The Closing shall be held at the Collier County Attorney's Office, Administration Building, 3301 Tamiami Trail East, Naples, Florida. The procedure to be followed by the parties in connection with the Closing shall be as follows: 3.011 Seller shall convey a marketable title free of any liens, encumbrances, exceptions, or qualifications. Marketable title shall be determined according to applicable title standards adopted by the Florida Bar and in accordance with law. At the Closing, the Seller shall cause to be delivered to the Purchaser the items specified herein and the following documents and instruments duly executed and acknowledged, in recordable form: AU6- 3 1999 3.0111 Warranty Deed in favor of Purchaser conveying title to the Property, free and clear of all liens and encumbrances other than: (a) The lien for current taxes and assessments. (b) Such other easements, restrictions or conditions of record. 3.0112 Mechanics Lien and Possession Affidavit. 3.0113 Combined Purchaser-Seller closing statement. 3.0114 A "non-foreign person affidavit" as required by Section 1445 of the Internal Revenue Code. 3.0115 A W-9 Form, "Request for Taxpayer Identification and Certification" as required by the Internal Revenue Service. 3.0116 Such instruments as may be required by the title insurance underwriter in order to insure the "gap" and issue the policy contemplated by the title insurance commitment. 3.012 At the Closing, the Purchaser, or its assignee, shall cause to be to the Seller the following: 3.0121 A negotiable instrument (County Warrant) in an amount equal to the purchase price. No funds shall be disbursed to Seller until the Title Company verifies that the state of the title to the Property has not changed adversely since the date of the last endorsement to the commitment, referenced in Section 4.011 thereto, and the Title Company is irrevocably committed to pay the Purchase Price to Seller and to issue the Owner's title policy to Purchaser in accordance with the commitment immediately after the recording of the deed. 3.0122 Funds payable to the Seller representing the cash payment due at Closing in accordance with Article III hereof, shall be subject to adjustment for prorations as hereinafter set forth. 3.02 Each party shall be responsible for payment of its own attorney's fees. Seller, at its sole cost and expense, shall pay at Closing all documentary stamp taxes due relating to the recording of the Warranty Deed, in accordance with Chapter 201.01, Florida Statutes, and the cost of recording any instruments necessary to clear Seller's title to the Property. The cost of the Owner's Form B Title Policy, issued pursuant to the Commitment provided for in Section 4.011 below, shall be paid by Purchaser. The cost of the title commitment shall be paid by Purchaser. 3.03 Purchaser shall pay for the cost of recording the Warranty Deed. Real Property taxes shall be prorated based on the current year's tax with due allowance made for maximum allowable discount, homestead and any other applicable exemptions and paid by Seller, If Closing occurs at a date which the current year's millage is not fixed, taxes will be prorated based upon such prior year's millage. IV. REQUIREMENTS AND CONDITIONS 4.01 Upon execution of this Agreement by both parties or at such other time as specified within this Article, Purchaser and/or Seller, as the case may be, shall perform the following within the times stated, which shall be conditions precedent to the Closing; AU6- 3 1999 4.011 Within fifteen (15) days after the date hereof, Seller shall furnish to Purchaser as evidence of title an ALTA Commitment for an Owner's Title Insurance Policy (ALTA Form B-1970) cover'"'--"~ng the Property, issued by a national title insurance company, together with hard copies of all exceptions shown thereon. Purchaser shall have fifteen (15) days, following receipt of the title insurance commitment, to notify Seller in writing of any objection to title other than liens evidencing monetary obligations, if any, which obligations shall be paid at closing. Permitted exceptions shall include, but are not limited to, the following: (1) applicable zoning regulations and ordinances of the county having jurisdiction over the use of the Property; and (2) real property taxes and assessments for 1999, which are not yet due and payable. (3) existing mortgages which shall be satisfied at or prior to Closing. 4.012 If Purchaser shall fail to advise the Seller in writing of any such objections in Seller's title in the manner herein required by this Agreement, the title shall be deemed acceptable. Upon notification of Purchaser's objection to title, Seller shall have thirty (30) days to remedy any defects in order to convey good and marketable title, except for liens or monetary obligations which will be satisfied at Closing. Seller, at its sole expense, shall use its best efforts to make such title good and marketable. In the event Seller is unable to cure said objections within said time period, Purchaser, by providing written notice to Seller within two (2) days after expiration of said thirty (30) day period, may accept title as it then is, waiving any objection; or Purchaser may terminate the Agreement. A failure by Purchaser to give such written notice of termination within the time period provided herein shall be deemed an election by Purchaser to purchase the Property in accordance with this Agreement. 4.013 Purchaser shall have the option, at its own expense, to obtain a current survey of the Property prepared by a surveyor licensed by the State of Florida. No adjustments to the Purchase Price shall be made based upon any change to the total acreage as referenced in the aforementioned legal description, if any. Seller agrees to furnish any existing surveys of the Property, if any, to Purchaser within thirty (30) days of execution of this Agreement. V. INSPECTION PERIOD 5.01 Purchaser shall have on..e bund;cd t~'~'c~ty (1~)) days from the date of this Agreement, ("Inspection Period"), to determine through appropriate investigation that: 1. Soil tests and engineering studies indicate that the Property can be developed without any abnormal demucking, soil stabilization or foundations. 2. There are no abnormal drainage or environmental requirements to the development of the Property. 3. The Property is in compliance with all applicable State and Federal environmental laws and the Property is free from any pollution or contamination. 5.02 If Purchaser is not satisfied, for any reason whatsoever, with the results of any investigation, Purchaser shall deliver to Seller prior to the expiration of the Inspection Period, written notice of its intention to waive the applicable contingencies or to terminate this Agreement. If Purchaser fails to notify the Seller in writing of its specific '" objections as provided herein within the Inspection Period, it shall be deemed that the Purchaser is satisfied with the results of its investigations and the contingencies of this Article VI shall be deemed waived. In the event Purchaser elects to terminate this Agreement because of the right of inspection, Purchaser shall deliver to Seller copies of all engineering reports and environmental and soil testing results commissioned by Purchaser with respect to the Property. AUG- 3 1999 5.03 Purchaser and its agents, employees and servants shall, at their own risk and expense, have the right to go upon the Property for the purpose of surveying and conducting site analyses, soil borings and all other necessary investigation. Purchaser shall, in performing such tests, use due care and shall indemnify Seller on account of any loss or damages occasioned thereby and against any claim made against Seller as a result of Purchaser's entry. Seller shall be notified by Purchaser no less than twenty four (24) hours prior to said inspection of the Property. VI. INSPECTION 6.01 Seller acknowledges that the Purchaser, or its authorized agents, shall have the right to inspect the Property at any time prior to the Closing. VII. POSSESSION 7.01 Purchaser shall be entitled to full possession of the Property at Closing. VIII. PRORATIONS 8.01 Ad valorem taxes next due and payable, after closing on the Property, shall be prorated at Closing based upon the gross amount of 1998 taxes, and shall be paid by Seller. IX. TERMINATION AND REMEDIES 9.01 If Seller shall have failed to perform any of the covenants and/or agreements contained herein which are to be performed by Seller, within ten (10) days of written notification of such failure, Purchaser may, at its option, terminate this Agreement by giving written notice of termination to Seller. Purchaser shall have the right to seek and enforce all rights and remedies available at law or in equity to a contract vendee, including the right to seek specific performance of this Agreement. 9.02 If the Purchaser has not terminated this Agreement pursuant to any of the provisions authorizing such termination, and Purchaser fails to close the transaction contemplated hereby or otherwise fails to perform any of the terms, covenants and conditions of this Agreement as required on the part of Purchaser to be performed, provided Seller is not in default, then as Seller's sole remedy, Seller shall have the right to terminate and cancel this Agreement by giving written notice thereof to Purchaser, whereupon one percent (1%) of the purchase price shall be paid to Seller as liquidated damages which shall be Seller's sole and exclusive remedy, and neither party shall have any further liability or obligation to the other except as set forth in paragraph 13.01 hereof. The parties acknowledge and agree that Seller's actual damages in the event of Purchaser's default are uncertain in amount and difficult to ascertain, and that said amount of liquidated damages was reasonably determined by mutual agreement between the parties, and said sum was not intended to be a penalty in nature. 9.03 Should any litigation or other action be commenced between the parties concerning the Property or this Agreement, the party prevailing in such litigation or other action shall be entitled, in addition to such relief as may be granted, to a reasonable sum for its attorney's fees, paralegal charges and all fees and costs for appellate proceedings in such litigation or other action; which sum may be determined by the court or in a separate action brought for that purpose. 9.04 The parties acknowledge that the remedies described herein and in the other provisions of this Agreement provide mutually satisfactory and sufficient remedies to each of the parties, and take into account the peculiar risks and expenses of each of the parties. AUG- 3 1999 X. SELLER'S AND PURCHASER'S REPRESENTATIONS AND WARRANTIES 10.01 Seller and Purchaser represent and warrant the following: 10.011 Seller and Purchaser have full right and authority to enter into and to execute this Agreement and to undertake all actions and to perform all tasks required of each hereunder. Seller is not presently the subject of a pending, threatened or contemplated bankruptcy proceeding. 10.012 Seller has full right, power, and authority to own and operate the Property, and to execute, deliver, and perform its obligations under this Agreement and the instruments executed in connection herewith, and to consummate the transaction contemplated hereby. All necessary authorizations and approvals have been obtained authorizing Seller and Purchaser to execute and consummate the transaction contemplated hereby. At Closing, certified copies of such approvals shall be delivered to Purchaser and/or Seller, if necessary. 10.013 The warranties set forth in this paragraph shall be true on the date of this Agreement and as of the date of Closing. Purchaser's acceptance of a deed to the said Property shall not be deemed to be full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of this Agreement. 10.014 Seller represents that it has no knowledge of any actions, suits, claims, proceedings, litigation or investigations pending or threatened against Seller, at law, equity or in arbitration before or by any federal, state, municipal or other governmental instrumentality that relate to this agreement or any other property that could, if continued, adversely affect Seller's ability to sell the Property to Purchaser according to the terms of this Agreement. 10.015 No party or person other than Purchaser has any right or option to acquire the Property or any portion thereof. 10.016 Until the date fixed for Closing, so long as this Agreement remains in force and effect, Seller shall not encumber or convey any portion of the Property or any rights therein, nor enter into any agreements granting any person or entity any rights with respect to the Property or any part thereof, without first obtaining the written consent of Purchaser to such conveyance, encumbrance, or agreement which consent may be withheld by Purchaser for any reason whatsoever. 10.017 Seller represents that there are no incinerators, septic tanks or cesspools on the Property; all waste, if any, is discharged into a public sanitary sewer system; Seller represents that they have (it has) no knowledge that any pollutants are or have been discharged from the Property, directly or indirectly into any body of water. Seller represents the Property has not been used for the production, handling, storage, transportation, manufacture or disposal of hazardous or toxic substances or wastes, as such terms are defined in applicable laws and regulations, or any other activity that would have toxic results, and no such hazardous or toxic substances are currently used in connection with the operation of the Property, and there is no proceeding or inquiry by any authority with respect thereto. Seller represents that they have (it has) no knowledge that there is ground water contamination on the Property or potential of ground water contamination from neighboring properties. Seller represents no storage tanks for gasoline or any other substances are or were located on the Property at any time during or prior to Seller's ownership thereof. Seller represents none of the Property has been used as a sanitary landfill. 10.018 Seller has no knowledge that the Property and Seller's operations concerning the Property are in violation of any applicable Federal, State or local statute, law or regulation, or of any notice from any governmental body has been served upon Seller claiming any violation of any law, ordinance, code or regulation or requiring or calling attention to the need for any work, repairs, construction, alterations or installation on or in connection with the Property in order to comply with any laws, ordinances, codes or regulation with which Seller has not complied. AU6- 3 1999 10.019 There are no unrecorded restrictions, easements or rights of way (other than existing zoning regulations) that restrict or affect the use of the Property, and there are no maintenance, construction, advertising, management, leasing, employment, service or other contracts affecting the Property. 10.020 Seller has no knowledge that there are any suits, actions or arbitration, bond issuances or proposals therefor, proposals for public improvement assessments, pay-back agreements, paving agreements, road expansion or improvement agreements, utility moratoriums, use moratoriums, improvement moratoriums, administrative or other proceedings or governmental investigations or requirements, formal or informal, existing or pending or threatened which affects the Property or which adversely affects Seller's ability to perform hereunder; nor is there any other charge or expense upon or related to the Property which has not been disclosed to Purchaser in writing prior to the effective date of this Agreement. 10.021 Seller acknowledges and agrees that Pumhaser is entering into this Agreement based upon Seller's representations stated above and on the understanding that Seller will not cause the zoning or physical condition of the Property to change from its existing state on the effective date of this Agreement up to and including the Date of Closing. Therefore, Seller agrees not to enter into any contracts or agreements pertaining to or affecting the Property and not to do any act or omit to perform any act which would change the zoning or physical condition of the Property or the governmental ordinances or laws governing same. Seller also agrees to notify Purchaser promptly of any change in the facts contained in the foregoing representations and of any notice or proposed change in the zoning, or any other action or notice, that may be proposed or promulgated by any third parties or any governmental authorities having jurisdiction of the development of the property which may restrict or change any other condition of the Property. 10.022 At the Closing, Seller shall deliver to Purchaser a statement (hereinafter called the "Closing Representative Statement") reasserting the foregoing representations as of the Date of Closing, which provisions shall survive the Closing. 10.023 Seller represents, warrants and agrees to indemnify, reimburse, defend and hold Purchaser harmless from any and all costs (including attorney's fees) asserted against, imposed on or incurred by Purchaser, directly or indirectly, pursuant to or in connection with the application of any federal, state, local or common law relating to pollution or protection of the environment which shall be in accordance with, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA" or "Superfund"), which was amended and upgraded by the Superfund Amendment and Reauthorization Act of 1986 ("SARA"), including any amendments or successor in function to these acts. This provision and the rights of Purchaser, hereunder, shall survive Closing and are not deemed satisfied by conveyance of title. 10.024 Any loss and/or damage to the Property between the date of this Agreement and the date of Closing shall be Seller's sole risk and expense. 11.01 Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing, sent by registered, or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Purchaser: Real Property Management Department Administration Building 3301 Tamiami Trail East Naples, Florida 34112 AU{}- 3 1999 With a copy to: Heidi F. Ashton, Assistant County Attorney Office of the County Attorney Administration Building 3301 Tamiami Trail East Naples, Florida 34112 If to Seller: Rose Somogyi 3933 12th Street North Naples, FL 34103 11.02 The addressees and addresses for the purpose of this Article may be changed by either party by giving written notice of such change to the other party in the manner provided herein. For the purpose of changing such addresses or addressees only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. Xll. REAL ESTATE BROKERS 12.01 Any and all brokerage commissions or fees shall be the sole responsibility of the Seller. Seller shall indemnify Purchaser and hold Purchaser harmless from and against any claim or liability for commission or fees to any broker or any other person or party claiming to have been engaged by Seller as a real estate broker, salesman or representative, in connection with this Agreement. Seller agrees to pay any and all commissions or fees at closing pursuant to the terms of a separate agreement, if any. Xll. MISCELLANEOUS 13.01 This Agreement may be executed in any manner of counterparts which together shall constitute the agreement of the parties. 13.02 This Agreement and the terms and provisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, personal representatives, successors, successor trustee, and assignees whenever the context so requires or admits. 13.03 Any amendment to this Agreement shall not bind any of the parties hereof unless such amendment is in writing and executed and dated by Purchaser and Seller. Any amendment to this Agreement shall be binding upon Purchaser and Seller as soon as it has been executed by both parties. 13.04 Captions and section headings contained in this Agreement are for convenience and reference only; in no way do they define, describe, extend or limit the scope or intent of this Agreement or any provisions hereof. 13.05 All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other gender or number as the context or the use thereof may require. 13.06 No waiver of any provision of this Agreement shall be effective unless it is in writing signed by the party against whom it is asserted, and any waiver of any provision of this Agreement shall be applicable only to the specific instance to which it is related and shall not be deemed to be a continuing or future waiver as to such provision or a waiver as to any other provision. 13.07 If any date specified in this Agreement falls on a Saturday, Sunday or legal holiday, then the date to which such reference is made shall be extended to the next succeeding business day. AUG- 3 1999 13.08 Seller is aware of and understands that the "offer" to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. 13.09 If the Seller holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Seller shall make a written public disclosure, according to Chapter 286, Florida Statutes, under oath, of the name and address of every person having a beneficial interest in the Property before Property held in such capacity is conveyed to Collier County. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 13.10 This Agreement is governed and construed in accordance with the laws of the State of Florida. XlV. ENTIRE AGREEMENT 14.01 This Agreement and the exhibits attached hereto contain the entire agreement between the parties, and no promise, representation, warranty or covenant not included in this Agreement or any such referenced agreements has been or is being relied upon by either party. No modification or amendment of this Agreement shall be of any force or effect unless made in writing and executed and dated by both Purchaser and Seller. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties hereto set forth their hands seals. Dated P~roject/Acquisition Approved by AS T.O PURCHASER: DATED: BOARD OF COUNTY COMMISSJI~I~RS .'. ~IVI~L~ 0. IVI~ KI~, ~al~oman / AS TO SELLER: DATED: ~--I AU$- 3 1999 WITNESSES: ~i(~T/WITNESS {Signature) z_.,~nt Name) , SE__~ND ~I'~NESS (~S~gnat'~'~e) (P~in~Nam~)' ' "-'' ~ R SE soM/~GYI / /' Approved as to form and legal sufficiency: Heidi F. Ashton Assistant County Attorney t 446 August 3, 1999 Item #16B19 CHANGE ORDER TO WORK ORDER CDM-FT-98-11, WITH CAMP, DRESSER & MC KEE, INC. TO PROVIDE ENGINEERING SERVICES FOR THE MANATEE STATION PUMP UPGRADES, PROJECT 70052 - IN THE AMOUNT OF $77,940.00 Item #16B20 WORK ORDER #TE-98-KH-06 WITH KIMLEY-HORN & ASSOCIATES, INC. FOR THE AIRPORT-PULLING ROAD SIX LANE IMPROVEMENT PROJECT NO. 62031 - IN THE AMOUNT OF $65,120.00 Item #16B21 SUPPLEMENTAL AGREEMENT NO. 7 WITH CH2M HILL FOR THE PINE RIDGE ROAD IMPROVEMENT, PROJECT NO. 60111 - IN THE AMOUNT OF $111,831.00 Page 193 SUPPLEMENTAL AGREEMENT TO CONSULTING ENGINEERING SERVICES AGREEMENT Project No. 69101 S/A NO. 7 AUG- 3 1999 THIS SUPPI JEMENTAL AGREEMENT, made and entered into this day of _/'~-~'~ , 1999, by and between the Board of County Commissioners, Collier County, Florida, a political subdivision of the State of Florida, hereinafter called the COUNTY, and CH2M Hill of 4350 W. Cypress Street, Suite 600, Tampa, Florida 33607-4155, duly authorized to conduct business in the State of Florida, hereinafter called the CONSULTANT. W1TNESSETH WHEREAS, the COUNTY and CONSULTANT heretofore on 19 April 1994 entered into an Agreement whereby the COUNTY retained the CONSULTANT to furnished certain consulting services in connection with proposed construction of C.R. 896 six laning improvements, (Jct. C.R. 31 to Jct. 1-75), County Project No. 60111; and, WHEREAS, the County desires to modify the terms of said Agreement, and toward that end it is necessary to: EXPAND UPON THE SCOPE OF SERVICES PREVIOUSLY AUTHORIZED SPECIFICAIJJY RELATING TO ADDITIONAL DESIGN PLANS PREPARATION, AND TO COMPENSATE THE CONSULTANT FOR ADDITIONAL COSTS TO BE INCURRED FOR SAID ADDITIONAL SERVICES. CONSULTANT'S FEE PROPOSAL FOR ADDITIONAL SERVICES DATED JULY 7, 1999, IS ATFACHED HERETO AND IS HEREBY INCORPORATED AND MADE A FORMAL PART OF THIS SUPPIJEMENTAL NO. 7. NOW THEREFORE, the Consulting Engineering Services Agreement is hereby amended and supplemented as follows: 1. Consultant shall perform additional design services as described in Attachment "A". 2. Consultant's cost proposal for services described in Attachment "A" is provided in Attachment "B". 3. Contract fee adjustment and status (this Supplemental Agreement No. 7): 3.1 Original maximum contract fee = $395,365.00 3.2 S/A No. I = $125,000.00 3.3 S/A No. 2 = $ 9,291.00 3.4 S/A No. 3 = $194,420.00 3.5 S/A No. 4 = $186,092.00 3.6 S/A No. 5 = $ 34,954.00 3.7 S/ANo.6 =$108,991.00 3.8 This S/A No.7 = $111,831.00 Maximum and current contract fee = $1,165,944.00 4. Contract time adjustment: Increase 60 calendar days for design services. 5. Contract completion time to be determined by Notice to Proceed for the construction phase. 6. The revised and current lump sum contract amount as stated above includes costs for overhead, fringe benefits, out-of-pocket expenses, profit margin, and all other direct and indirect costs and expenses. 7. Except as hereby modified, amended, or changed, all of the terms and conditions of said original Consulting Engineering Services Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. Page 1 of 2 Project No. 69101 S/A NO. 7 AUG- 3 1999 AS TO THE BOARD OF COUNTY COMMISSIONERS: AS TO FORM AND I.EGAL SUFFICIENCY: DAVID C. WEIGEL, COUNTY AT~O~I~Y AS TO THE CONSULTANT: SIGNED, SEAl.ED, AND DELIVERED IN THE PRESENCE OF: ~SS (N~ ~~N) STA~ OF ~OR~A CO~Y OF ~JSBOROUGH BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA · ' ~ ' r, P.E., Vice President ATTEST: ~~,~~ _~~"~ Elizab t~ A. McAd ~.~sst..~ecretary (CORPORATE SEAL) Before me, the undersigned authority, this day personally appeared William J. Gramer to me well known and known to me to be Vice President of the Corporation named in the foregoing Agreement, and he severally acknowledged to and before me that he executed said Agreement on behalf of and in the name of said Corporation as such officer; that the seal affixed to said Agreement is the corporate seal of said Corporation and that it was affixed thereto by due and regular Corporate authority; that he is duly authorized by said Corporation to execute said Agreement and that said Agreement is the free act and deed of said Corporation. IN WITNESS WHEREOF, I have hereto set my hand and affixed my official seal this ~ day of ~ c,._[ Q , A.D. 1999. -I N~tary Public in and for the County and State aforesaid. My Commission Expires: Page 2 of 2 AUG- 3 1999 ATTACHMENT A SCOPE OF SERVICES FOR SUPPLEMENTAL AGREEMENT TO CONSULTING ENGINEERING SERVICES AGREEMENT FOR PINE RIDGE ROAD C.R. 896 [C.R. 31 - 1-75] PROJECT NO. 60111 Supplemental Agreement No. 7 July 14, 1999 DESCRIPTION Supplemental Agreement No. 7 includes: The work required to widen the 1-75 Southbound off ramp at the Pine Ridge Road Interchange; The work required to modify the proposed 16" water main to 20"; The modifications to the plans required to eliminate the need for mitigation and obtain a SFWMD permit; The work required (level of effort) to reflect the changing existing conditions on Pine Ridge Road; The work required to modify the North bound 1-75 On-Ramp per FDOT and FHWA comments; The work required due to scope additions; The work required to provide warning signs and flashing beacons for the Community School. Specific services to be provided include: PART 1. - SCOPE OF WORK TASK I. SOUTHBOUND 1-75 OFF-RAMP DESIGN 1. The CONSULTANT will revise the plans for the widening of Pine Ridge Road to accommodate the design of the Southbound 1-75 Off-Ramp widening requested by Collier County and FDOT. The new design will eliminate the free flow westbound lane and provide dual left and right turns at the terminus of the off-ramp. Services are as follows: 1.1 Cover sheet: 1.2 Project Layout Modify existing sheet. Modify existing sheet. prrscp SA No 7 CH2M 070799.doc 07114/99 Attachment A Pine Ridge Road Supplemental Agreement No. 7 Page 2 July 7, 1999 1.3 Drainage map: 1.4 Typical Sections: 1.5 Plan and Profile - Pine Ridge Road: 1.6 1.6a 1.7 1.8 1.9 Plan and Profile - SB off ramp Intersection Details: Drainage Structures: Signing and Marking - Pine Ridge Road Signing and Marking - SB off ramp 1.10 Signalization - SB ramps: 1.11 Cross Section SB off ramp: 1.12 MOT - Pine Ridge Road: AUG- 3 1999 Modify drainage map. Create new sheet for southbound off ramp section. Modifications to Pine Ridge Road plan and profile sheets in the vicinity of the SB on/off ramp to accommodate the expanded intersection. Develop sheets for inclusion in plan set. A new sheet will be added to the plans. It is anticipated that four (4) new structures are required. Revise plans to reflect addition of signal and revisions to geometrics. Develop sheets for inclusion in the plans. Work will include new signal heads, revised timing calculations, new loop detectors, new pedestrian heads and new mast arms. Temporary signal plans for MOT New sheets for inclusion in plan set. Revise sheets in plan set. Create new detail for advanced signing on Pine Ridge Road. 1.13 MOT - SB off ramp: 1.14 Quantities and cost estimate: Create new sheets for inclusion in plan set. Create new detail for advanced signing on 1-75. Revise quantities and cost estimate. P:\Transportation\148414\Scope of Services\prrscp SA No 7 CH2M 070799.doc 07114/99 Attachment A Pine Ridge Road Supplemental Agreement No. 7 Page 3 July 7, 1999 1.15 FDOT coordination: 1.16 SFWMD coordination: 1.'17 Collier County coordination: 1.18 Respond to review comments: 1.19 Project management: AU{}- 3 1999 Attend up to 2 meetings with FDOT. Coordinate with SFWMD to inform them of proposed new construction modifications. It is assumed a permit modification letter will be required to include construction at this ramp. Coordinate with County staff. Attend up to 2 meetings. Respond to comments and modify plans. Provide project management, coordination and quality control. TASK II. REVISE WATER MAIN 16" TO 20" 2. The CONSULTANT will revise the plans for the widening of Pine Ridge Road to modify the 16" Water Main to 20" per the direction of R.Dillard/Collier County. The Consultant will revise the plan sheets at the locations specified, modify details, modify cross sections, and check for any conflicts due to the new size of pipe. Services are as follows: 2.1 Plan Sheets: 2.2 Detail Sheets: 2.3 Cross Sections: Modify existing sheets. Modify existing details. Modify cross sections to show 20" line. P:\Transportation\148414\Scope of Services\prrscp SA No 7 CH2M 070799.doc 07/14/99 Attachment A Pine Ridge Road Supplemental Agreement No. 7 Page 4 July 7, 1999 AU6- 3 1999 TASK III. PERMITTING - DESIGN MODIFICATIONS 3. The CONSULTANT will revise the plans for the widening of Pine Ridge Road to incorporate the mitigation minimization measures including: modification of turn lane lengths, modification of retaining walls, utilization 2: ! side slopes in applicable locations and relocation of conveyance ditches. These efforts will result in no wetland mitigation required for the project and ease Agency review. Services are as follows: 3.1 Drainage: 3.2 Retaining Wall: 3.3 Cross Sections: 3.4 Meetings: 3.5 Permitting 3.6 Remodeling 3.7 Respond to comments Modify existing sheets. Modify existing sheets. Modify existing sheets. Attend 2 permit application meetings and coordinate Agency requirements. Revise ERP Permit to reflect new treatment (attenuation) calculations based on above modifications. Revise and re-run ADICPR model to verify attenuation requirements are met Satisfy all Agency (COE, SFWMD, EPA...) comments and concerns subsequent to ERP application submittal TASK IV. EXISTING CONDITION MODIFICATION 4. The CONSULTANT will revise the plans for the widening of Pine Ridge Road to accommodate the changes to existing condition in the field. Construction along Pine Ridge Road is continuous and the level of effort required to reflect those new conditions has increased. Services are as follows: P:\Transportation\148414~Scope of Services\prrscp SA No 7 CH2M 070799.doc 07/14/99 Attachment A Pine Ridge Road Supplemental Agreement No. 7 Page 5 July 7, 1999 4.1 Plan sheets: 4.2 Signing and Marking Sheets: 4.3 Cross Sections: Modify existing sheets to add improvements. Modify existing sheets to add improvements. Modify Cross Sections. AUG- 3 1999 TASK V. NORTHBOUND ON-RAMP REDESIGN 5. The CONSULTANT will revise the plans for the widening of Pine Ridge Road to accommodate the northbound 1-75 on-ramp comments from FDOT and FHWA. The FDOT requested modifications to the on ramp design to provide additional length. The FHWA required a traffic analysis for the merge onto 1-75. The FHWA has also requested a weave analysis for the ramp. Services are as follows: 5.1 FDOT Modifications: 5.2 FHWA Traffic Analysis 5.3 FHWA Weave Analysis: Modify ramp acceleration length and taper length. This required changes to the existing plans as well as a new plan sheet, signing and marking sheet, M.O.T. sheet, and cross section sheets. Provide a traffic analysis for the ramp merge onto 1-75. Provide traffic and weave analysis for the ramp to show the proposed ramp weaves. TASK VI. NEW DESIGN SCOPE 6. The CONSULTANT will revise the plans for the widening of Pine Ridge Road to accommodate: the modifications to the proposed Fire Station design and the drainage improvement's to the Craparo site. Services are as follows: P:\Transportation\148414\Scope of Scrviccs\prrscp SA No 7 CH2M 070799.doc 07114/99 Attachment A Pine Ridge Road Supplemental Agreement No. 7 Page 6 July 7, 1999 6.1 Fire Station: 6. la Plan sheets 6.¸2 6. lb Signing and Marking Plans 6.1c Signal Plans Craparo site - Modify Drainage: Included in Supplemental No. 4 Modify plans to provide for median design and advance signing None required per Mike Fernandez Modify drainage plans and profiles show new connection. Create detail for riser inlet. Provide calculations and quantities. TASK VII. SCHOOL ENTRANCE WARNING DESIGN 7. The CONSULTANT will revise the plans for the widening of Pine Ridge Road to accommodate the Community School "School Entrance" warning signs and flashing beacons on Pine Ridge Road. Signs will be required on the shoulder and in the median both east and west of the school entrance. The work shall be done in accordance with the applicable portions of FDOT Index No. 17344. The signs and beacons are assumed to be standard roadside signs not cantilever design. Services are as follows: 7.1 Signing and Marking: 7.2 Electrical: 7.3 Meetings: Modify existing sheets. Prepare new sheet for power supply. Meet with FPL for power locations. PART 2. - PROJECT DESIGN SCHEDULE: The project design schedule for design status submittals shall be modified as follows: 1. 100% Design Status: Submit no later than 30 calendar days after receiving Notice to Proceed on this Supplemental Agreement No. 7 from Collier County P:\Transportation\148414\Scope of Services\prrscp SA No 7 CH2M 070799.doc 07/14/99 Attachment A Pine Ridge Road Supplemental Agreement No. 7 Page 7 July 7, 1999 '2. Final Plan Submittal: Submit no later than 60 calendar days after receiving Notice to Proceed on this Supplemental Agreement No. 7 from Collier County. A 6-3 899 PART 3. - EXCLUSIONS: The following tasks are not included in the Scope of Work for this Supplement: 1. Services required to complete the following will necessitate additional compensation. Note Task 1: Does not include design exception or design variance preparation or coordination. Does not include any traffic study or interchange modification report activity. Does not include any FDOT or FHWA coordination in Tallahassee. Does not include significant permit coordination due to relocating ditches or wetland impacts. P:\Transportation\148414\Scope of Services\prrscp SA No 7 CH2M 070799.doc 07/14/99 ATTACHMENT B PINE RIDGE ROAD (PN 60111) SUMMARY OF SUPPLEMENTAL AGREEMENT No. 7 BASIC SERVICES ADDITIONAL SERVICES TASK TASK CH2M HILL OUTSIDE TOTAL CH2M HILL OUTSIDE TOTAL NO. SERVICES SERVICES ~ Task I - Sauthbound 1-75 Off-Ramp Design $40,208 $4,725 $44,933 ~ Task 2 - Revise Water Main t6" to 20" $3,813 $0 $3,813 ~ Task 3 Permitting - Design Modifications $19,250 $0 $19,250 ~v Task 4 - Existing Condition Modifications $19,085 $0 $19,085 v Task 5 - Northbound 1-75 On-Ramp Re-Design $14,544 $0 $14,544 vi Task 6 - New Design Scope $3,113 $0 $3,113 vii Task 7 - School Signals Design $7,093 $0 $7,093 ... ITOTAL BASIC SERVICES FEE $107,106 $4,725 $111,831 TOTAL ADDITIONAL SERVICES FEE .... micahsa7.xls/SA No. 7 Summary Page 1 7/14/99 5:08 PM PINE RIDGE ROAD (PN 60111) SUPP~;='-'.'-:."rAL AGP_~_;._U. ENT No. 7 ATTACHMENT B SENIOR PROJECT LEAD ENG DES. LEAD DES. DRAFT CLERK TOTAL CH2M LABOR ~ COMMENTS PERMIT ENG~BIO- TECH TECH STENO HRS (RAW) COSTS TASK REVIEW MGR SPEC. LOGIST Task I - _~'_ ~-_"---~mJnd 1-75 ~ .'".~;7..~ E~.~ 1. Cover Sheet (1) 2 2 $38 $113 2, Project layout sheet (1) 2 6 8 $196 $582 3. D,.C,~,~,= map 8 6 14 $364 $1,060 4. TypicaJ ~,~:~,-.-~ SB o(f ramp (1) 4 6 10 $278 $825 5. Plan and F,,~.'~= &',~ - Pine Ridge Road (21 4 2 8 14 $378 $1,124 6. Plan and p~-O,r,;e N~ets - SB ramp (3) 4 12 12 32 60 $1,478 $4.389 7. Drainage ~-~,-uc~res (3 structures) 8 4 8 16 36 ~ $2,576 8. Sit~-~ and ,,~r,~-~t) &~.~ - Pine ~ (2) 4 12 16 .~r~,~ $1,049 9. S;~ ,~,,V and n-'~"~,~,-,~ d,==:- - S8 O(f romp (3~ 2 4 8 16 30 $714 $2,121 10. Signal plans - 1-75 S8 ,-~., ~ (TEl) 0 $0 $0 TEl - New Signal Pians 11. Cross ~_nne. 1-75 SB ,,=,~ (16 sec[) 12 12 24 $603 $1,790 12. MOT - Pine ~dge (3) 4 8 8 20 $537 $1,593 13. MOT[,~==-SB(~framp(6-two~,~) 12 12 32 56 $1,475 - $4,379 14. Qu~lk~ and cost ~(;.,~[~ 8 24 8 40 $1,142 $3.390~ 15. FDOT c~o~,¢~u,, (2 .~.~.~) 12 12 24 $822 $2,441 16. SFWMD ~G,~k~ (ne ~-~ ap~.) 12 12 $375 $1,112 17. C _-~l!ier Couflt~ ~u~,~- .~finn 8 8 ~28 ~)72 18. ~.~-----,C, to ~ ~.,.,,~,;~ 8 8 16 32 $882 $2,618 19. F ~C~.~ ,7.~.-,a~,,T,~ & QC ( 10%) 2 24 8 6 40 $1.399 $4,154 Tas~ I To~al ~ =h~_ Hfs 2 92 90 60 16 180 6 446 $36,311 CH2M HILL ;-T-:--~ S3,898 OSS (1' _mn~_;_-_-~,.~,~.., En~r,~=,;~.d, Inc.) $4.725 T~ Co~t for T~k! $44,933 I Teek 2 - .-.~/.~ '.'.' - ~.- M~n 16' to 20' 1. Plan Sheets 8 4 12 24 $681 $2,021 2. ~'~_ 8 4 8 20 $504 $1.495 3. Cross ~-_~;~_-~ 4 4 8 $0 Task II Total ~:,hn~ Hm 0 8 12 0 4 20 0 44 $3~516 ~ HILL ;-;---~ I,: $29~ .... T~al C_-~_ for Tee~ II $3,813 1. ~--~,-,a~e 4 8 24 36 $870 $2,584 2. Re~ Wall 4 2 6 $163 $484 3. Cross S~.~o~-~ 8 12 20 $554 $1,646 4. M~"t~ 4 12 12 2 30 $894 $2,654 5. Fe,,~,;~-,t) 4 32 12 4 52 $1,463 $4,344 6. Rem~.-~.N 24 16 40 $1,155 $3,431 7. ~.~ ~----,~, to .'~..~ ~.~- C~¥.T,~-~, 4 8 12 8 32 $816 $2,423 Task I}1To(aJ Labor Hfs 4 12 96 12 40 38 14 216 j $17.565 CH2M HILL F.~u~.~ts $1,685 ~ Totol C,~t for T~k III $; g.250 Task 4- E~-.-'_--'-'~-~ C,~- ';~=~ '---'---"---- =-"- -= 1. Plan S~'~e;~ 8 36 8 16 36 4 108 $3,273 $9.717 2. Signing and Ma~Jng 16 16 16 48 $1,401 $4,159 3. Crass -_~-~.~: '----,s 4 12 8 12 36 $1,233 ['~. ;~r~ Task IV To~al L=h,'~ lbs 12 64 16 32 12 52 4 lg2 $17,535 CH2M HILL E-;_~ $1,550 ~7.~VSA No. 7 ~ Paoel Updated: 07/02,~8 Printed 7/14/99 5:09 PM PINE RIDGE ROAD (PN 60111) SUPPLFME;NTAL AGR_;FMFNT No. 7 ATTACHMENT B SENIOR PROJECT LEAD ENCV DES. LEAD DES. DRAFT CLERK TOTAL CH2M LABOR LA~OR COMMENTS PERMIT ENG~I~IO- TECH TECH STENO HRS (RAW) COSTS TASK REVlEW MGR SPEC. LOGIST I Total Ce~t fat Teak IV $19,(~5 !1. FDOT Mod;."-_~.:----~ 8 16 12 28 2 66 $1,961 $5,821 3. FHWA Traffic Ar...~x-~;- 8 32 6 4 50 $1.490 $4,422 4. FHWA W:=;c Ar.~xT, b 4 24 2 2 32 $975 $2,896 Task V Tot, al Labor Hfs 8 28 68 0 0 36 8 148 $13,140 CH2M HILL ;'~-~-~a $1,404 Tolal C4~t lin' Teak ¥ $14,544 1- Fire m,a~,,', . I la. Ptan Sheets 0 $0 lb. Signing and M~.",~,,t~ 4 2 4 10 $295 $876 2. Craparo Site Drainage 6 8 8 24 $605 $1,"797 Task VI To~J ~ ~ Hm 0 4 8 2 6 12 0 34 $2,673 CH2M HIII E~-~--.ccc $440 To4ai Co~t for Taak VI I $5,113 1. Signing and Maddng Ptans 6 4 8 ';8 $523 $1,552 2. F_mcuical 4 ~$ 24 44 $1J20 $3,325 3. Meetings with FPL 6 6 2 14 $436 $1,293 Task VII T~al I ~',~x_ I-bs 0 10 20 0 0 32 0 62 $5~171 Cl*.12~ HILL ~ $922 Tmal Corn for Ta~k Vii $7,093 TOTAL L~__~_ R HRS 26 218 310 106 80 370 32 1142 $96~911 TOTAL _~_~_~_- SERVICES $111,831 mioal~a7.'ds,~A No. 7 Manhoum Page2 Upctated: 07/02/98 Printed 7/14/99 5:09 PM Item #16B22 Item #16B23 Moved to Item #8B6 August 3, 1999 PROFESSIONAL SERVICES AGREEMENT TO WATER RESOURCE SOLUTIONS, INC. FOR ENGINEERING SERVICES RELATED TO AQUIFER STORAGE AND RECOVERY OF RECLAIMED WATER, CONTRACT 99-2926 Item #16B24 AMENDMENT 8 TO PROFESSIONAL SERVICES AGREEMENT WITH HOLE, MONTES & ASSOCIATES, INC. FOR ENGINEERING SERVICES RELATED TO IMPROVEMENTS AT THE SOUTH COUNTY WATER RECLAIMATION FACILITY, RFP-93-2121, PROJECT 73916 - IN THE AMOUNT OF $82,000.00 Page 194 AUG 0 3 SOUTH COUNTY REGIONAL WASTEWATER TREATMENT PLANT EXPANSION AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT This Amendment No. 8 to the Agreement dated March 15, 1994 (hereinafter "AGREEMENT") is made and entered into thi~ day of ~ 1999, by and between the Board of County Commissioners for Collier County, Florida~ a political subdivision of the State of Florida and Governing Board of the Collier County Water-Sewer District (hereinafter referred to as the "OWNER") and Hole, Montes & Associates, Inc., a Florida corporation, authorized to do business in the State of Florida whose business address is 715 Tenth Street South, P.O. Box 1586, Naples, Florida 34106 (hereinafter referred to as the "CONSULTANT"). WITNESSETH WHEREAS, OWNER and CONSULTANT currently have a valid professional services agreement for the provision of professional services for the South County Regional Wastewater Treatment Plant Expansion (hereinafter referred to as "PROJECT"), said services more fully described in said AGREEMENT; and WHEREAS, OWNER and CONSULTANT agree some modifications to the services being contemplated under said AGREEMENT are necessary; and WHEREAS, CONSULTANT represents that he has the expertise and the type of professional services that will be required for completion of the project. NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, parties agree as follows: ARTICLE ONE 1.1 CONSULTANT shall provide to OWNER professional engineering services in all phases of the project to which this Amendment applies. 1.2 CONSULTANT shall provide professional services in addition to those as outlined in said AGREEMENT as noted in Schedule A of this Amendment, as attached hereto. ARTICLE TWO 2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as prescribed in Schedule B, entitled "Basis of Compensation", as outlined in said AGREEMENT with the modifications to Attachments A and C to said AGREEMENT which are attached hereto and made a part hereof. -1- AU6 I:) 3 't999 ARTICLE THREE 3.1 The schedule for said Project, shall be as shown in said agreement with modifications as shown in the revised Schedule C as attached hereto. ARTICLE FOUR 4.1 All articles of said AGREEMENT, as amended, shall remain in full force and effect, and shall not be modified by this Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Professional Services Agreement for professional engineering services for the South County Regional Wastewater Treatment Plant Expansion the day and year first written above. ATTEST: :.By: t , Clerk Attest is t°'Chafman'$ signature ool~. ^pproved a~ to ~o~ leg~ s~ciency: J~itneXs// BOARD OF COUNTY COMMISSIONERS FOR COLLIER COtn~¥, FLOmD^, ^ POLITICAL SUBDIVISION OF THE STATE OF FLORIDa,..., AND AS EX-OFFICIO THE G:OVERNING BOARD OF THE COLLIER COUNTY WATER- .; SEWER DISTRICT. ~: ,~ By~~ . ' // Chairwoman / "~%...,,, ,~ HOLE, MONTES & ASSOCIATES, INC. Ronald E. Benson, Jr., Ph.D,, P.. Vice President (CORPORATE SEAL) -2- SUPPLEMENT NO. 8 TO SCHEDULE A SCOPE OF SERVICES HMA FILE NO. 1993134 AUG 0 3 This serves as a supplement and clarification of Schedule A, Scope of Services as provided in the Professional Services Agreement dated March 15, 1994. This project amendment consists of that work that is necessary for professional inspection, testing and evaluation of the existing reuse tank at the South Regional Water Reclamation Facility. The scope of services is described as follows: ADDITIONAL SERVICES Structural Analysis of Reuse Tank To provide engineering analysis of existing concrete reuse tank used to hold treated wastewater to include assessment of tank's structural integrity, evaluate existing cracks/leaks and repair methods, identify expected life of structure with and without crack/leak repair, provide life-cycle cost analysis comparing repaired tank versus removal and replacement with new storage capacity, and submit an engineering report addressing these topics. Lakewood Reuse Reallocate funds among various tasks to reflect actual work efforts on each subtask resulting in a zero net change in total fees. Operational Support Services Extend the period of time for these services beyond one year after completion of construction. Warranty Inspections Extend the period of time for these services beyond one year after completion of construction. -1- SCHEDULE B - ATTACHMENT A Amendment No. 8 SCHEDULE OF FEES FOR BASIC SERVICES '~aq~ PHASE H-A A.2 A.3 A.4 A.5 A.6 PHASE H-A A.2 A.3 A.4 A.5 A.6 PHASE H-A A.2 A.3 A.4 A.5 A.6 WWTP Disinfection System Design Report Preliminary Design Final Design Bidding Services Contract Administration Royal Palm Irrigation Pump System Design Report Preliminary Design Final Design Bidding Services Contract Administration WWTP Design Design Report Preliminary Design Final Design Bidding Services A.5.1 Reclaimed Water PS/Elec Bldg - Equipment A.5.2 Reclaimed Water PS/Elee Bldg - Construction A.5.3 Phase I Improvements Contract Administration A.6.1 Reclaimed Water PS/Elec Bldg - Equipment A.6.2 Reclaimed Water PS/Elee Bldg - Construction A.6.3 Phase I Improvements Current Budget $2,800 $10,300 $3,900 $1,600 $9,700 $500 $5,6OO $1,600 By Owner By Owner $290,000 $750,000 $150,000 $10,000 $15,000 $30,000 $2o,6Oo $120,000 $355,000 Amendment No. 8 $2,800 $10,300 $3,900 $1,600 $9,700 $500 $5,600 $1,600 By Owner By Owner $290,000 $750,000 $150,000 $10,000 $15,000 $30,000 $20,000 $120,000 $355,000 -1- A.2 Design Report $9,000 i' $9,000 A.3 Preliminary Design $52,000 $52,000 A.4 Final Design $24,000 $29,000 A.5 Bidding Services $6,000 $6,000 A.6 Contract Administration $38,000 $44,000 PHASE II-D EFFLUENT STORAGE EXPANSION A.2 A.3 A.4 A.5 A.6 Design Report Preliminary Design Final Design Bidding Services Contract Administration To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined To Be Determined -2- SCHEDULE B - ATTACHMENT B CONSULTANT'S EMPLOYEE HOURLY RATE SCHEDULE Principal Engineer VI ........................................................................................... $130.00 per hour Environmental Engineer V ................................................................................... $120.00 per hour Environmental Environmental Environmental Environmental Environmental Engineer Teeh Engineer Tech Engineer Tech Engineer Tech Engineer IV .................................................................................. $105.00 per hour Engineer III .................................................................................. $ 85.OO per hour Engineer II .................................................................................... $ 70.00 per hour Engineer I ..................................................................................... $ 55.O0 per hour Operations Specialist .................................................................... $ III .................................................................................................. $ Engineer Tech I ..................................................................................................... $ Contract Administrator (P.E.) ............................................................................... $ Contract Administrator ......................................................................................... $ Construction Field Representative IV ................................................................... $ Construction Field Representative III ................................................................... $ Construction Field Representative II .................................................................... $ Construction Field Representative I ...................................................................... $ Senior Planner ....................................................................................................... $ Planner .................................................................................................................. $ Surveyor V ............................................................................................................ $ Surveyor IV ........................................................................................................... $ Surveyor III ........................................................................................................... $ Survey Tech IV ..................................................................................................... $ Survey Tech III ..................................................................................................... $ Survey Tech II ....................................................................................................... $ Survey Tech I ........................................................................................................ $ 2 Man Survey Crew .............................................................................................. $ 3 Man Survey Crew .............................................................................................. $ (}PS Operator ........................................................................................................ $ Technician IV ........................................................................................................ $ Technician III ........................................................................................................ $ Technician II ......................................................................................................... $ Technician ! .......................................................................................................... $ 70.00 per hour 65.00 per hour 60.00 per hour 55.00 per hour 50.00 per hour 40.00 per hour 80.00 per hour 65.00 per hour 65.00 per hour 55.00 per hour 45.00 per hour 35.00 per hour 100.00 per hour 70.00 per hour 95.00 per hour 80.00 per hour 60.00 per hour 55.00 per hour 50.00 per hour 45.00 per hour 40.00 per hour 85.00 per hour 98.00 per hour 65.00 per hour 45.00 per hour 40.00 per hour 35.00 per hour 30.00 per hour This Fee Schedule is effective for one year from date of the LETTER AGREEMENT. -1- , UG 3 J99 SCHEDULE B - ATTACHMENT C Amendment No. 8 CONSULTANT'S ESTIMATE OF ADDITIONAL SERVICES (INCLUDING DETAILED OBSERVATION OF CONSTRUCTION) Phase 1 A. 1 Preliminary Services A. 1.1 Preliminary Engineering Report A. 1.2 Review of Odor Control A. 1.3 Review of Eft. Disinfection A. 1.4 Capacity Analysis Report A. 1.5 Conditional Use Applic. A. 1.6 Odor Control Committee Phase II-A WWTP Disinfection System A.7 Detailed Observation Phase II-A Royal Palm Irrigation Pump Station A.7 Detailed Observation Phase II-A WWTP Design A.7 Detailed Observation A.7.1 Reclaimed Water PS/Elec. Bldg. - Construction A.7.2 Phase I Improvements Phase H-B Deep Injection Well A.8 Data Review and System A.9 Design and Construction Permit Applications A.9a Add 2nd Deep Well Design & Permitting A. 10 Well Construction Observation and Testing A. 11 Report A. 12 Operating Permit Application Current Amendment Budget No. 8 $172,000 $172,000 Incl. Above Incl. Above Incl. Above Incl. Above $25,000 $25,000 $35,000 $33,000 $35,000 $35,000 $3,700 $3,700 By Owner By Owner $90,000 $90,000 $265,000 $265,000 $43,000 $43,000 $90,000 $90,000 $25,0~0 $25,000 $370,000 $370,000 $36,000 $36,000 $18,000 $18,000 -1- Phase H-C Reclaimed Water System Upgrades to Serve Lakewood A. 13 Detailed Observation $16,000 A. 14 Surveying/Easements $22,000 A. 15 Permitting $6,000 A. 16 Startup Assistance $5,000 Phase II-D Effluent Storage Expansion A. 17 A. 18 A. 19 A.20 Detailed Observation Surveying/Easements Permitting Startup Assistance To Be Determined To Be Determined To Be Determined To Be Determined Additional Services Surveying Permitting/Approvals Reuse Master Plan Reimbursable Expenses Geotechnical Site Investigation Progress Photos Startup Assistance O&M Manual Operational Support Services Warranty Inspection FDEP Operation Permit FDEP SRF Management Structural Analysis of Reuse Tank $30,000 $40,000 $100,000 $10,000 $2,000 $15,000 $40,000 $50,000 $35,000 $8,000 $10,000 $103,696 0 AUG 0 3 ~ $10,900 $23,100 $6,000 $5,000 To Be Determined To Be Determined To Be Determined To Be Determined $30,000 $40,000 $100,000 $10,000 $2,000 $10,000 $40,000 $50,000 $55,000 $18,000 $10,000 $103,696 $52,000 -2- August 3, 1999 Item #16B25 SUBORDINATION AGREEMENT BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION REGARDING A DRAINAGE EASEMENT REQUIRED TO COMPLETE THE U.S. 41 EXPANSION PROJECT FROM RATTLESNAKE HAMMOCK ROAD TO EAST OF SR 951 Page 195 AU6- 3 1999 36-SUB.03-10/94 Date: July 12, 1999 This instrument prepared under the direction of: Bruce P. Cury, General Counsel Post office Box 1249 City: Bartow, Florida 33830 Department of Transportation FP 1953891 PARCEL 802.4 SECTION 03010-2542 STATE ROAD 90 COUNTY Collier SUBORDINATION AGREEMENT THIS AGREEMENT, Made this~- day of ~ , 1997 , by and between ~ COUNTY, a political subdivision of the State of Florida, hereinafter called the "party of the first part", and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, whose post office address is: Post Office Box 1249, Bartow, Florida 33831-1249, hereinafter called the "Department". WITNESSETH: WHEREAS, the party of the first part is the holder of a drainage easement and, WHEREAS, a portion of the land encumbered by said ~ easement is required by the Department for drainage purposes; NOW THEREFORE, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations, paid, the receipt and sufficiency of which is hereby acknowledged, the party of the first part hereby agrees, covenants, and consents with the Department that the aforesaid drainage easement is and shall continue to be subject and subordinate to the drainage rights of the Department insofar as said drainage easement affects the following described property, viz: SEE EXHIBIT "A" This subordination agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors and assigns of the parties hereto. Page 1 AU6- 3 1999 IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. DATED: ~~//~;~ ATTEST: "~ DWIGHT E. BROCk, clerk Attest~as' to Chafrm~n'$ s~geature on15. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: P~MELA S. MAC ' KiE~Ch~rwomen Page 2 AUG- 3 1999 SECTION 03010-2542 PARCEL 802 That portion of the northeast ¼ of Section 4, Township 51 South, Range 26 East, Collier County, Florida. Being described as follows: Commence at the northeast corner of said Section 4; thence along the north line of said Section 4, North 89"52'39" West, 177.327 meters (581.78 feet); thence South 00"58'30" West, 44.820 meters (147.05 feet) for a POINT OF BEGINNING; thence South 89"01'30" East, 15.000 meters (49.21 feet); thence South 00"58'30" West, 10.000 meters (32.81 feet); thence North 89°01'30'' West, 15.000 meters (49.21 feet); thence North 00"58'30" East, 10.000 meters (32.81 feet) to the POINT OF BEGINNING. Containing 150.0 square meters (1,615 square feet). Legal ~escription Approved by: ' ' 737 Date: {)~ ° ] ~o g~ NOT VALID UNLESS EMBSSSED EXHIBIT "A" Page 3 LOCATION MAP LEGEND ACQUISITION AREA GOV'TLOT1 )SINGLE FAMILY RESIDENCE 395.55' 120.56 m) k--LEAH TO · '-- SEPTIC AREA d~l~ GRAVEL DRIV~ { I TOP OF' BANK ~---- DRAINAGE EASEMENT (O.R.B. 1316, PG. 2049 229.68' 624.11' (190.23 m) NOTES 1. THIS 15 A GRAPHIC PRESENTATION, NOT A SURVEY. IT IS BASED ON A INFORMATION OBTAINED BY COASTAL ENGINEERING CONSULTANTS INC. 2. PROPOSED IMPROVEMENTS, RIGHT-OF-WAY TAKEN AND STATIONING INFORMATION TAKEN FROM FDOT RIGHT OF' WAY MAPS ANO CONSTRUCTION PLANS, COLLIER COUNTY,, STATE PROJECT NO. O3O1O-2542 STATE ROAO NO. 0O (U.S. 41) AREAS ANO HAVE BEEN ROUNDED TO THE NEAREST SQUARE FOOT. 4. BOUNDARY mrORHATION TAKEH fROM FOOT RmNT-OF-WAY MAP, COLLIER COUNTY STATE PROJECT NO. 0~01O-2542 STATE ROAD NG. 00 (U.S. 41) GOV'T LOT 1 SITE DATA PARCEL AREA: 102,BI2 Sr. TAKING PARCEL 102: 17,175 s.r. TAKING PARCEL 802: 1,615 S.r. REMAJNINO AREA: 85,639 s.r. (INCLUDES PARCEL 802) COASTAL ENGINEEP. aV(; CONSULTANTS, COASTAL& ~ ~ · ~ · ~ · OE~ Z 4g.S3' E ~ o 32.81' (,o.oo --5-- PARCEL 802 NOT A SURVEY FOR ILjustRATION PURPOSES FLORIOA DEPARTMENT OF' TRANSPORTATION SR-gO PARCELS 102 AND 802 ! ONLY August 3, 1999 Item #16B26 BUDGET AMENDMENT TO TRANSFER FUNDS FROM PROJECT 60171, ADVANCED RIGHT- OF-WAY, TO PROJECT 60172, TRAFFIC SIGNALS Item #16Cl PARK TO BE CONSTRUCTED ON 4.58 ACRES ON THE CORNER OF BLUEBILL AVENUE AND VANDERBILT DRIVE TO BE NAMED CONNER PARK AT VANDERBILT BEACH Item #16C2 BID NO. 99-2958 FOR SPRINKLER PARTS AND RELATED ITEMS - AWARDED TO FLORIDA IRRIGATION SUPPLY, INC. AS THE PRIMARY VENDOR AND WESCO TURF, INC. AS THE SECONDARY VENDOR Item #16C3 BUDGET AMENDMENT FOR THE COLLIER COUNTY MEDICAL EXAMINER TO COVER INCREASED LABORATORY TESTING COSTS - IN THE AMOUNT OF $12,000.00 Item #16C4 AGREEMENT WITH COLLIER SPORTS OFFICIALS ASSOCIATION, INC. FOR PROVIDING SPORTS OFFICIALS FOR COUNTY SPONSORED ACTIVITIES Page 196 AU6- 3 1999 AGREEMENT FOR OFFICIATING SERVICES This Agreement entered into this,3A,t.-day of ~-~-, 1999, by and between the Board of County Commissioners of Collier County, Flbrida, hereinafter referred to as the "County" and the Collier Sports Officials Association, Inc. of Naples, Florida, hereinafter referred to as "CSOA". The parties hereto agree as follows: SECTION I - CSOA will furnish game officials for all adult softball games in the Naples area. SECTION II - The County shall pay CSOA for furnishing officials the following rates payable as provided herein: A. Adult softball in the Naples area: $14.00 per game per official Two officials per game B. Girls Fast Pitch Softball: Two officials per game $18.00 per game per official The rates include extra innings, games. SECTION III: CSOA shall provide: A. Officials for all games, minimum of two (2) officials per game. Bo A pre-season list of registered officials for consideration by the County shall be furnished to the County before each season or league. The officials must be registered in the local, state, or national organization specific to their sport. Co The County shall have the authority to review the conduct and effectiveness of officials. The County reserves the right to require CSOA to replace any official who is deficient in meeting standards established by the Amateur Softball Association and the County. SECTION IV - In the event of postponement or cancellation of a scheduled contest herein, the County shall bear no cost if the game officials(s) or a Board Member of CSOA is notified one hour prior to game time. Ao If the game official(s) are not notified of postponement or cancellation prior to arrival at the field for a scheduled contest, the official(s) will be compensated for one game even though no game is played. B. In the event a contest which is in progress is canceled due to inclement weather, electrical outage, or circumstances beyond the County's or CSOA's AU{}- 3 1999 control, official(s) will be paid for games completed and any games in progress at the time of cancellation. SECTION V - The Agreement shall be in effect from September 1, 1999 through August 31, 2001. Amendments to this Contract shall be in writing and signed by both parties. The County and CSOA may agree to extend this Agreement under all of the terms and conditions contained in this Agreement for up to (2) two additional years following expiration of the initial term. SECTION VI - Payment of officials will be made in accordance with Collier County Purchasing Department and Finance Department procedures. CSOA shall render to the County a biweekly statement showing the number of games worked by its official(s). The statement shall contain a certification by an officer of CSOA that he/she has reviewed the statement and that the information contained therein is true and correct. This statement shall be mailed to: Collier County Parks and Recreation Department Attention: Athletic Supervisor 3300 Santa Barbara Boulevard Naples, Florida 34116 SECTION VII - It is expressly understood that CSOA officials are independent contractors and therefore are not entitled to benefits normally afforded employees of the County. This provision shall not apply to any County employee who acts as an official. SECTION VIII - CSOA must include as part of this Agreement, a Certificate of Insurance verifying a minimum of $500,000 Liability Insurance covering their acts, omissions or negligence hereunder. Should this insurance coverage expire within the terms of their contract, CSOA must provide proof of $500,000 Liability Insurance 24 hours prior to the expiration date of the previous policy. The failure of CSOA to provide said documentation to the satisfaction of the County shall automatically terminate this Agreement. SECTION IX - CSOA agrees to verbally notify the County's Athletic supervisor as to the time and location of organizational meetings one week prior to the respective meeting date. SECTION X - All notices from the County to CSOA shall be deemed duly served if mailed by registered or certified mail to CSOA at the following address: Collier Sports Officials Association Post Office Box 8331 Naples, Florida 34101 2 AU6- 3 1999 All notices from CSOA to the County shall be deemed duly served if mailed by registered or certified mail to the County to: Collier County Parks and Recreation Department Attention: Athletic Supervisor 3300 Santa Barbara Boulevard Naples, Florida 34116 CSOA and the County may change the above mailing addresses at any time upon giving the other party written notification. SECTION XI'- If CSOA fails to comply with any of the terms and conditions hereof and such default is not cured within five (5) days after written notice is given to CSOA, the County may terminate this Agreement. SECTION XII - The CSOA will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county, or municipal ordinance; rule, order, or regulation; or of any governmental rule or regulation not in effect or hereafter enacted or adopted. In the event of such violation by CSOA, or if the County or its authorized representative shall deem any conduct on the part of CSOA to be objectionable or improper, the County shall have the right to suspend this Agreement with CSOA should CSOA fail to correct any such violation, conduct, or practice to the satisfaction of the County within 24 hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. CSOA further agrees not to continue performance under this Agreement occurring the suspension period until the violation has been corrected to the satisfaction of the County. SECTION XIII - CSOA agrees that there shall be no discrimination as to race, gender, color, creed, or natural origin. SECTION XIV - Nothing herein contained shall be created or be construed as creating a partnership between the County and the CSOA or to constitute CSOA as an agent of the County. CSOA is an independent contractor. SECTION XV - Certificate(s) of Insurance - All CSOA officials belong to the ASA (Amateur Softball Association) and are thereby covered by the amount of insurance required in Section VIII. SECTION XVI - This Agreement is subject to an annual appropriation for same contained in the County's budget. IN WITNESS WHEREOF, CSOA, and the County, have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. AU$- 3 1999 Attest: Dwight E. Brock, Clerk .. Deputy Cie. rk ~ ktt~s~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~ Pamela S. Mac'Kie, Chairwoman Approved as to form and legal sufficiency: ~o[mOa s~. ~~m~ Assistant County Attorney COLLIER SPORT OFFICIALS ASSOCIATION, INC. W. Thigpen, President Typed Signature and Title 4 August 3, 1999 Item #16C5 - Moved to Item #8C1 Item #16C6 BUDGET AMENDMENTS RECOGNIZING A FEDERAL EMERGENCY MANAGEMENT AGENCY REIMBURSEMENT AND ADDITIONAL TOURIST DEVELOPMENT TAX REVENUE AVAILABLE TO THE COUNTY MUSEUM Item #16C7 MEDICAID WAIVER CONTINUATION CONTRACT BETWEEN COLLIER COUNTY AND AREA AGENCY ON AGING FOR SOUTHWEST FLORIDA, INC. D/B/A SENIOR SOLUTIONS FOR SOUTHWEST FLORIDA Page 197 AU6 - 3 1999 5199 Contract No. ADAW.203.99 Medicaid Waiver Spending Authority Contract Area Agcn~ on Aging for Southwest Florida, Inc., dfo/a S~nior Solutions for Southwest Florida THIS CONTRACT is entered into between the Area Agency on Aging for Southwest Florida, d/b/a Senior Solutions for Southwest Florida, Inc., hereinafter referred to as the "area agency", and the Collier County Board of County_ Commissioners, hereinafter referred to as the "case management agency". The parties agree: I. The Case Management Agency Agrees: Request for Payment Service provider agencies should submit requests for payment (claims) to the Medicaid fiscal agent within 60, days after services have been provided or document reasons for delayed submission of claims which will be made available to the Area Agency on Aging upon request; if the service provider fails to submit claims within 60 days and fails to document reasons for delayed submission as required, spending authority amounts may be adjusted to reflect the most current claim (expenditure) information available. Future allocations amounts may be contingent on timely submission of claims. Usual and customary rates for case management and case aide (if applicable) services to be provided by your agency are listed in Attachment I. Case management agency rate increases/decreases must be forwarded to the area agency along with justification for any increase. Conflict of Interest The case management agency hereby agrees that it will develop and implement a policy to ensure that its employees, board members, management, and service providers, will avoid any conflict of interest or the appearance ora conflict of interest when disbursing or using the funds described in this agreement or when contracting with another entity which will be paid by the funds described in this agreement. A conflict of interest includes, but is not limited to, receiving, or agreeing to receive, a direct or indirect benefit, or anything of value from a service provider, client, vendor, or any person wishing to benefit from the use or disbursement of funds. To avoid a conflict of interest, the case management agency must ensure that all individuals make a disclosure to the department of any relationship which may be a conflict of interest, within thirty (30) days of an individual's original appointment or placement on a board, or if the individual is serving as an incumbent, within thirty (30) days of the commencement of the contract. Audits and Records · 1. To maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided by the area agency under all contracts under this agreement. AUG - '3 1999 5~99 De Contract No. ADAW.203.99 To assure these records shall be subject at all reasonable times to inspection, review, audit, copy, or removal from premises by state personnel and other personnel duly authorized by the area agency, Department of Eider Affairs, as well as by federal personnel, if applicable. To maintain and file with the area agency such progress, risc, al and inventory and other reports as the area agency may require within the period of this agreement. Such reporting requirements must be reasonable given the scope and purpose of the contracts incorporating this agreement by reference. 4. To include these aforementioned audit and record keeping requirements in all approved agreements and assignments. 5. The case management agency agrees to respond to requests for client information and statistical data for research and evaluative purposes when requested by the area agency. Monitoring 1. To provide progress reports, including data reporting requirements as specified by the area agency and Department of Elder Affairs. These reports will be used for monitoring progress or performance of the contractual services as specified in this agreement. The case management agency agrees to coordinate meetings with the service providers as requested by the area agency when it becomes evident that spending authority amounts are not being properly managed in accordance with this agreement. To permit persons duly authorized by the area agency and the Department of Elder Affairs to inspect any records, papers, documents, facilities, goods and services of the provider which are relevant to this agreement or the mission and statutory authority of the area agency or the Department of Eider Affairs, and/or interview any clients and employees of the case management agency to be assured of satisfactory performance of the terms and conditions of the contract. Following such inspection the area agency will deliver to the case management agency a list of its concerns with regard to the manner in which said goods or services are being provided. The case management agency will rectify all noted deficiencies provided by the area agency within the time set forth by the area agency, or provide the area agency with a reasonable and acceptable justification for the provider's failure to correct the noted shortcomings. The area agency shall determine whether such failure is reasonable and acceptable. The case management agency's failure to correct or justify deficiencies within a reasonable time as specified by the area agency may result in the area agency taking any of the actions identified in the Enforcement section, or the case management agency's deeming the case management agency's failure to be a breach of contract. 2 AU6 - 3 1999 5/99 Contract No. ADAW.203.99 He Spending Authority The area agency authorizes payment in accordance with Attachment I to this agreement in the amount of $59,624 for the Home and Community Based Medicaid Waiver for the first quarter of SFY 99-00. The area agency has authorized payment in the amount of $1,594 for the Consumer Directed Care Medicaid Waiver for the first quarter of SFY 99-00. The case management agency may, with prior written approval from the area agency, move money between the Home and Community Based Waiver and the Consumer Directed Care Waiver within the total allocated amount for both waivers. Case management agencies must not exceed allocated spending authority limits without first obtaining written authorization from tho area agency on aging and/or The Department of Elder Affairs. Case management agencies are responsible for continued monitoring of service providers to facilitate compliance with this requirement. m. The Case Management Agency and Area Agency on Aging Mutually Agree: Effective Date 1. This contract shall begin on both parties, whichever is later. July l, 1999 or on the date the contract has been signed by 2. This contract shall end on June 30, 2000 Termination l. Termination at Will This agreement may be terminated by either party upon no less than thirty (30) calendar days notice, without cause, unless a lesser time is mutually agreed upon by both parties, in writing. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. Termination Because of Lack of Funds In the event funds to finance this agreement become unavailable, the area agency may terminate this agreement upon no less than twenty-four (24) hours notice in writing to the case management agency. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. The Department of Elder Affairs shall be the final authority as to the availability of funds. Termination for Breach Unless the case management agency's breach is waived by the area agency in writing, or the case management agency fails to cure the breach within the time specified by the area agency, the area agency may, by written notice to the case management agency, terminate this agreement upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. l. The provisions herein do not limit the area agency's right to remedies at law or to damages, or to legal remedies of an equitable nature. 3 5~99 C. Contract No. ADAW.203.99 Notice and Contact Information AU6 - 3 1999 1. The name, address, and telephone number of the contract manager for the area agency for this contract is: Terry F. White, Executive Director Area Agency on Aging for Southwest Florida, Inc. d/b/a Senior Solutions for Southwest Florida 2285 First Street Fort Myers, Florida 33901 (94]) 332-4233 The name, address, and telephone number of the representative of the area agency on aging responsible for administration of the program under this contact is: Nanci Lochner, Program Supervisor Collier County_ Services for Seniors Collier County Government Complex 3301 Tamiarni Trail East, Building H (941)774-8443 In the event different representatives are designated by either party after execution of this contract, notice of the name and address of the new representative will be rendered in writing to the other party and said notification attached to originals of this contract. IN WITNESS THEREOF, the parties hereto have caused this 5 page contract to be executed by their undersigned officials as duly authorized. CASE MANAGEMENT AGENCY BOARD PRESIDENT OR AREA AGENCY ON AGING: Area Agency on Aging for Southwest Florida AUTHORIZED DESIGNEE NAME: .... p~nela S. Mac'Ki~ DATE: ~ FEDERAL ID NUMBER: 596000538 NAME: ,o IC -hlerl ) TITLE: Board President DATE: , 7 / 30 / ~ Approved as to legal form and sufficiency: Chief Assistant,-:.County Attorney .~ated: ~~'/~,~ '~ttest: Dwight E. Brock, Cl'erk ' Attest es to Chalremn's onl~. 4 AU6 - 3 '1999 5/99 Contract No. ADAW.203.99 Attachment I Services to be provided: Case Management - Services which will assist individuals who receive waiver services in gaining access to needed waiver and other State plan services, ns well as needed medical, social, educational and other services, regardless of the funding source for the services to which access is gained. Case managers shall be responsible for ongoing monitoring of the provision of services included in the individual's plan of care. Case managers shall initiate and oversee the process of assessment and reassessment of the individual's plan of care and the review of plans of care at such intervals as are specified in the State of Florida Agency for Health Care Administration Home and Community Based Waiver For Aged/Disabled Adult Services 1915(c) Medicaid Waiver Renewal Request, dated May 1998. Case Aide - Case Aid services are provided by paraprofessionals under the direction of case managers. Case Aides maximize the productivity of case managers through the use of more cost effective assistants for routine nonprofessional tasks. Case aides will not formulate care plans of perform needs assessments or reassessments. Case aides services include: assistance with implementing plans of care, oversight and supervision of provider training activities, facilitating links of providers with recipients via telephone contacts and visits. CASE MANAGEMENT AGENCY UNIT RATES - FISCAL YEAR 1999-00 Case Management Agency: Collier County Services for Seniors County Served: Collier Case Management Unit Rate: $ 43.60 / hour Case Aide Unit Rate: $ n/a / hour PLEASE NOTE: The Medicaid billing agent will pay an organization's usual and customary rate for service or the maximum rate allowed by Medicaid, whichever is lower. Currently the maximum ADA Waiver rates allowed by Medicaid are as follows: Case Management: $45.00/hour Case Aide: $21. O0 / hour 5 August 3, 1999 Item #16C8 - Moved to Item #8C2 Item #16C9 WORK ORDER UNDER THE COUNTY'S ANNUAL ENGINEERING AND DESIGN CONTRACTS FOR BARANY SCHMITT SUMMERS & WEAVER TO PROVIDE A COORDINATED SITE DEVELOPMENT PLAN OF THE GOLDEN GATE COUNTY GOVERNMENT COMPLEX Page 198 WORK ORDER # BSW-FT-99-6 Agreement for Fixed Term Professional Architectural Services Dated July 16, 1996 ( Contract #96.2498) AUG 031999 This Work Order is for professional architectural services for work known as: Developing a generalized site plan of the Golden Gate Satellite showing existing buildings, parking, water management areas, out-falls, utility lines, surrounding roadways, ingress and egress points, parking and general landscaping. (see attached copy of Proposed Scope of Services for Collier Government - Golden Gate Satellite Site). In addition, to provide "early schedule" planning for a 5,000 sq. ft. government office building. Scope of work: To provide all architectural and engineering services as outlined in the attached copy of Propose.d Scope of Services for Collier County - Golden Gate Satellite and the attached proposal by Barany Schmitt Summers Weaver and Partners, Inc. titled Collier County Government Golden Gate Satellite Site - Master Plant dated July 14, 1999 with revisions dated July 28, 1999. Schedule of Work: Phase one: A draft master plan and early schedule planning for a 5,000 sq. ft. office building shall be completed no later than October I, 1999. Phase two: SDP submittal and SFWMI) Water Management Plan submittal, if applicable, shall be made following the final design and permitting of the future office building. Final design and permitting by others. Compensation: In accordance with Article Five of the agreement, the County will compensate the firm in accordance with the negotiated lump sum amount indicated in the schedule below (if a task is time and material, so indicate and use the established hourly rates as enumerated in 'Schedule "A" of the Agreement). PHASE ONE (funds are presently available) .~: Task 1. Generalized site plan. Task 2. Develop program of needs. Task 3. Outline currently planned and budget improvements. Task 3a Early schedule planning - 5,000 sq. ft. office building Task 4. Master plan design - 3 options. Task 4a. Vacation of Lucerne Rd Reimbursable expenses SUB - TOTAL PHASE TWO (when funds are available) A. Final SDP approval B. If SFWMD permit is required. Add C. Contingency 5% SUB - TOTAL $1,850.00 2,500.00 660.00 2,500.00 10, 400.00 10,000.00 500.00 $28,410.00 $17,800.00 5,000o00 2,790.00 $25,590.00 TOTAL NOT TO EXCEED $54,000.00 Any change within monetary authority of this Work Order made subsequent to final department approval will be considered an additional service and charged according to Schedule "A" of the Agreement. /~k [2rognale, Conslanf6't{or~ Manager /Dep~ent of Facilities Management REVIEWED BY: ~ Department of Facilities Management AUG . ,,'' wi~=l{i -E!:Br~l~',~lcrk ,.:., ~g~.S~ciency,~. ' '~AssN~ CO~ A~om~ A~ST: (co~o~te Secret) By: 'Type Name and Title Board of County Commissioners Collier County, Florida Baranv Schmitt Summers Weaver & Partners. Inc. By: Eugene C. Schmitt, Vice President (or) wimesses (2) / ~ignatul/,~ ~' Print Name Debbie Murtagh Print name - ..: : BamnySchmittSummersWeaver AU6 0 3 1999 A N D P A R T N E R S I N C O R la O R A T E 0 14 July 1999 Revised 28 July 1999 Joseph A. !Sa~ ;~t¥, AIA Eugene C. Schmi;1, Daniel A Summer~, AIA R0nald G. We;,.ver, AIA Kenne,.h L. Lamers, RA Kenne[h G. Aliff, A[A Fort Myers Office: [] 15:~0 RoysI ;=am Sq. Blvd. Suite 300 Fen MyerS. FL 33919 941i278-3838 FAX 94 BSSWflm @ aoLcom Naples Office: [] 5185 C&stel$o Orive Suile 4 Naple~. FL 34103 941164,3-3103 FAX 94 t 1643-7435 BSSWnap~2aol.com Ucense # AA C001863 Innovation and Performance in Archilec. tute and Planning proposal for Sewices for ......... COLLIER COUNTY GOVERNMENT GOLDEN GATE SATELLITE 8lTL - MASTER PLAN Scope of work shall be based on Proposed Scope of Services, Collier County Government - Golden Gate Satellite Site, received July 8, 1999; and revisions to include 'early schedule' planning for a 5,000 sq. ff. govermrnent office building. The services of the following sub. consultants are Included: · Civil Engineering: · Landscape Architecture: Agnoli Barber Brundage Jack Uel~er & Associates PROFESSIONAL FEES Task 1. Generalized Site Plan - Existing Conditions · Architectural Services .................................... · Civil Engineering Sewices .............................. · Landscape Design Services ............................ Task Total: Task 2. $ 850.00 500.O0 $00.00 $ 1,850.00 Task 3. Meet with Users, Develop Program of Needs · Architectural Services .................................... $ 2,500.00 · Civil Engineering Services .............................. · Landscape Design Services ............................ .0- Task Total: $ 2,500.00 Task 3a. Meet with Facilities Management Staff, Outline Currently Planned and Bu~tgeted Improvements · Architectural Services .................................... $ · Civil Engineering Services .............................. · Landscape Design Services ............................ ~ Task Total: $ Early schedule planning - 5,000 sq. ft. office building · Architectural Se~vioes & Miscellaneous Engineering Semices ............................... Est. $ · Civil Engineering Services - Sketch and Description (similar to land survey) of office building site, with topographic data Task Total: $ 230.00 23O.0O 200.00 66O.00 1,500.00 1,000.00 2,500.00 Proposal fix Services Im cc)I.LIE~ COUNTY GOVERNMENT GOLDEN GATE SATEU,ITE SITE. MASTER PLAN Page 2 3 199 Task 4. Task S. Note: Master Plan Designs- 3 Options · 'Architectural Services .................................... · Civil Engineering Services .............................. · Landscape Design Services ............................ Task Total: 6,400.00 3,000.00 1.000.00 10,400.00 Final aDP Approval lay Counb/Development Services Division · Arcttltoctural Services · Civil Engineering Services .............................. · Landscape Design Services Task Total: $ 1,000.00 15.000.00 1 $' 17,800.00 If vacation of Lucerne Road Is included in the Master Plan option selected in Task 4 above, add the following: Civil Engineering Tasks · Land Suweylng Services - Documentation regarding vacation of mad right-of-way B. SUMMARY of PROFF..~$1ONAL FEES · ArchRecturel Services ................................................. · Civil Engineering Services ............................................ · Landscape Design Services .......................................... · Reimbursable Expenses-Document Duplication .............. Sub-Totah $12,4~0.00 1g,730.00 3,500.o0 soo,,po $ 36,210.00 · If vacaUon of Lucema Road is included, add .................... · If SFWMD General Permit (Master Drainage Plan Permit) is required, add ................................................ · Contingency 5% ......................................................... Total Not-to-Exceed; 10,000.00 5,0O0.00 53,710.00 Use: $ S4,'O00.0o C. PROPOSED SCHEDULE · A draft Master Plan shall be completed no later than October 1, 1999. · Task 3a, Early Sclledule Planning for 5.000 sq. tL office buikllng, shaft be completed no later than Ootober 1, 1999. · aDP submittal and $1=WMD Water Management Plan sulamittal, if applicable, shall be made following the final ~sign and permitting of the futura office building. Final design and permitlJng by othms. Propo~l fo~ Servlr~s [or COLLIER COUNTY GOVERNMENT GOLDEN (ATE SAI'ELLITE SITE - MASTER PLAN 14 July 1998 Revised 26 July 19e9 METHOD OF PAYMENT · Monthly based on progress. (Incomplete Tasks may be in¥olr..,ed based on evidence of progress.) NOTE The cost of permit applications Is not Included herein. Task 3a, Early Schedule Planning for 5,000 sq. fi. office building, is intended to include a specific site recommendation, function space program and footprint for this project. Final design and permitting of this project is not included herein. EC S:k=~propV2.-~;m~GateSat~lllteS~,dec Scope of Services The fima selected will be asked t° 1.) Develop a generalized site plan of the current site showing existing buildings, parking, water management areas, out-falls, u~ity lines, surrounding roadways, ingress and egress points, parking and general landscaping. 2.) Meet with 'all current site reside, nm m de~nine what, if any expansion plans .are in existence. (Community Center Manager, Facilities Management Director, Fire Department Chief, EMS Operations Manager, Library Director, Public Services Administrator, others). 3.) Meet with the Facilities Management Depaxuaient to determine what new construction is planned for tenants not currently located on the site. (Facilities Mgt. will represent the County for the purposes of programming the government satellite building and it's expansion. 4.) Develop th.~..ree generalized alternative plans for location of all new construction and expansion. Design alternatives should provide for:. A.) a coordinated site design, including lighting recommendations, etc. B.) bicycle/pedestrian walk,ways to all facilities C.) shared water management planning wherever possible (identify permits required & COSts). D.) shared parking where and if possible E.) coordinated ingress and egress points F.) (2 of 3 plans) vacation of Lucerne Road from 49~ Terrace to Sunshine Blvd. Based on the plan selected, work with the County staff to develop a site development plan in accordance with the County Land Development Code.' The fm-n will be asked, as part of the ~ite '~ plan to develop a master landscape plan which will be xeriscape in nature. 6.) Identify all permit cost, development costs, federal, state~ and 1o.~.. permits required and processes necessary m complete the plan. -(,..r' C)I~:~J ~WI~'~ , ~-('C, . C AU6 0 3 1999 The engagement will be completed upon receipt of a final site plan approval from the County Development Services Division. It is anticipated that all work drawings, discs, papers and other materials associateO with this task will become the property of Collier County at the conclusion of the engagement August 3, 1999 Item #16C10 FORMAL BID PROCESS WIAVED; CONTRACT FOR RENOVATION OF A SOCCER FIELD AT VINEYARDS COMMUNITY PARK AWARDED TO MIKE COLE ENTERPRISES IN THE AMOUNT OF $62,775.00 Item #16D1 BID NO. 99-2937 FOR UNIFORM RENTAL - AWARDED TO UNIFIRST CORPORATION WITH A TWO YEAR RENEWAL OPTION Item #16D2 INVOICE PROVISION CHANGED IN FOUR (4) EXISTING CONTRACTS: 98-2887, ON-CALL PLUMBING CONTRACTOR; 98-2879, ON-CALL ELECTRICAL REPAIRS & NEW INSTALLATION; 98-2877, ON-CALL MECHANICAL CONTRACTOR; AND 98-2895, ON- CALL }IVAC CONTRACTOR Item #16D3 BID #99-2949, "GASOLINE AND DIESEL FUEL" - AWARDED TO THE PRIMARY AND SECONDARY VENDORS AS LISTED IN THE EXECUTIVE SUMMARY Item #16D4 AGREEMENTS FOR FIXED TERM PROFESSIONAL ARCHITECTURAL SERVICES, RFP 99- 2930 - WITH BARANY SCHMITT SUM/~ERS WEAVER AND PARTNERS, INC.; VICTOR J. LATAVISH, AIA ARCHITECT; AND ALFRED FRENCH AND ASSOCIATES, INC. Item #16D5 COLLIER COUNTY GOVERNMENT EQUAL EMPLOYMENT OPPORTUNITY PLAN Page 199 AU(}- 3 999 Collier County Equal Employment Opportunity Plan Introduction The Collier County Board of Commissioners is the Grantee for two agencies receiving U.S. Department of Justice grants: Collier County Sheriff's Office and Collier County Clerk of Courts. The Clerk's Grant number is 99-CJ-9M-09-21-01-212. The Sheriff's Grant numbers are as follow: 98-CJ-6J-09-21-01-201 98-CJ-6J-09-21-01-202 98-CL-WX-0131 J7-99-06-06-01 97LBVX4249 98-CJ-9M-09-21-01-003 99-CJ-9M-09-21-01-002 95-CC-WX-0265 97-WE-VX-0022 98LBVX4249 As the Chief policy-determining body of the County, the Collier County Board of Commissioners is responsible for providing to the residents of Collier County services that protect their health, safety and welfare. To this end, the Board hires a County Administrator to manage the operations that provide quality services to the citizens. The main Collier County Government Center is located at 3301 Tamiami Trail East, Naples, Florida 34112. For information regarding the Sheriff's projects, contact Joyce Houran, Grant Coordinator at 941-774-4434. For information regarding the Clerk's grant, contact Kelly Jones, Accountant II, at 941-774-8356. Personnel Management Overview The Collier County Board of Commissioners establishes Human Resources policies and the County's Human Resources Department develops the procedures to administer the policies. These Human Resources procedures are compiled in a manual which is distributed and reviewed with all employees at their date of hire and updated as necessary to meet the needs of the organization. All revisions are approved by the Office of the County Administrator and distributed to existing employees for inclusion in their copy of the procedures. Collier County Policy The Human Resources Practices and Procedures Manual contains the County's Equal Employment Opportunity procedure. This procedure was enstablished effective Octoberl, 1990, and has recently been updated by the County Administrator effective march 17, 1999. The procedure follows: AUG- 3 1999 Collier County Equal Employment Opportunity Plan Page 2 of 4 It is the practice of the County to ensure that all Human Resources procedures are in compliance with state and federal law. The County prohibits discrimination as defined by state and federal law. All Human Resources practices, including compensation, benefits, discipline, safety, as well as social and recreational activities will be administered and conducted itt compliance with state and federal law. All recruitment, selection, placement, promotion, transfer, training, and layoff decisions will be based solely on the candidate 's/employee's job-related qualifications and abilities. Seniority may be considered as a factor given other factors are equal. An outreach program may be utilized to recruit, hire and ensure advancement of qualified minority group members, women, disabled individuals and veterans. Collier County government will take the necessary steps to ensure that the work environment is free of unlawful discrimination or harassment. Collier County will continue to review its Human Resources procedures to ensure that its supervisors and managers adhere to its commitment to Equal Employment Opportunity principles. Employees who have EEO-related questions, comments or complaints are encouraged to discuss them with their supervisor, If they are unable to resolve the situation through their supervisor, they may discuss it with their Department Director, Division Administrator or a representative from the Human Resources Department. The employee may also utilize the Commitment to Fair Treatment Procedure. Utilization Analysis Attachment "A" is the Collier County Board of Commissioners' Workforce Analysis. Please note that the Collier County Board's workforce is comprised of employees for five (5) of the EEO categories - Officials/Administrators, Professionals, Technicians, Office/Clerical, and Service and/or Maintenance. Attachment "B" is the Community Labor Statistics for the five applicable EEO categories utilizing the 1990 U.S. Census data. Attachment "C" is the Utilization Analysis derived from the comparison of the AUG- 3 1999 Collier County Equal Employment Opportunity Plan Page 3 of 4 Board's workforce to the labor market data. Relevant information regarding the Utilization Analysis is provided below: Overall, the Collier County Board's workforce is deficient for females in all categories except Office/Clerical when compared to the Community Labor statistics. Some of the categories, which are most under represented, are Technicians -19.9% and Service and/or Maintenance -19.4%. This under utilization is fairly consistent among the female minority categories with a few exceptions. Black Officials/Administrators is 1.9% over the Community Labor Force and Hispanic females, while underrepresented by -.9% in the Office/Clerical category, are over represented in the Service and/or Maintenance category (21.4%). Black males are well represented in the Board's workforce as compared to the Community Workforce with the exception of Officials/Administrators. Also Hispanic males are well represented with the slight exception (-. 1%) in the Office/Clerical category. Ob|ectives It is our objective to increase female representation in our workforce by evaluating our promotional practices to ensure that females are receiving equal opportunity to advance. goal of the County to increase females in upper level positions to be consistent with the Community Labor Workforce. It is the It is our objective to increase females participating in the technician category to be consistent with the Community Labor Workforce. Additionally, vacancies in service/maintenance positions will be targeted for females who meet the minimum requirements for the positions. Steps to Achieve the Objectives The following steps will be taken to assure female representation in our workforce is consistent with the Community Labor Workforce in the categories of administrators and professionals as well as technicians and service and/or maintenance. AU6- 3 1999 Collier County Equal Employment Opportunity Plan Page 4 of 4 Training courses will be reviewed to assure females are participating. Exit interviews will be reviewed to determine females are aware that opportunities for advancement are available to them. Networks will be deVeloped with local professional women's associations to encourage female applicants. The relationship with the Black and Hispanic Advisory Boards will be utilized to encourage input when vacancies occur in administrative and professional positions. A relationship with the NAACP will be utilized to encourage input when vacancies occur in administrative and professional positions. The practice of posting vacancies on the Intemet as well as utilizing a "Jobs Hot Line" phone number will be continued. Advertising in Las Nociones, which is a local Hispanic newspaper, for minority applicants will be continued. The practice of mailing weekly job postings to local job service centers will be continued. Examples of centers that receive the County's weekly job vacancies include the State of Florida Division of Rehabilitation, Florida Gulf Coast University's Career Development Center, and the Florida Job Service. When providing mandatory supervisory raining, emphasis will be placed on the importance of equal opportunity in the workplace to ensure the supervisors comply with the County's procedures. 10. Diversity in the workforce will be emphasized in all training as well as continuing to offer a diversity training course to all employees Dissemination The Human Resources Director is assigned the responsibility of taking the necessary actions to achieve the above referenced goals and disseminate this Equal Employment Opportunity Plan to staff, applicants and the general public. All recruiting materials, brochures, application forms, position postings, and advertisements state that Collier County is an Equal Opportunity Employer. Information regarding equal employment opportunity that is required by the state and federal government is kept current by the Human Resources Department. AU6- 3 1999 Collier County Equal Employment Opportunity Plan Page 5 of 5 DATED: August 3, 1999 ATTEST: Dwi ~g~, .I; ~. Brock, Clerk of Courts ,, ~,~ ~ ~: ~ ~- ., ~"'~, ~, , ' ., ~?~,,~ ~o Ch~fl't~ BOARD OF COUNTY CISSIONERS COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: Attachment A AUG- 3 1999 COLLIER LABOR STATISTICS (CLS) MALE Jot) Camgory Totat B W H A/Pl Al/AN Officials/Admini~-a[c,~s 32r/'1.1% 0/0% 30/68.7% 2/4.5~ 0/0% 0/0% PmfessJonals 111/58.1% 2/.1% 105/53.0% 3/1.5~ 0/0% 1/.5% ; Tecl~nic~ar~ 249/7,~.8~ 1/.3% 232.~g.~ 18/4.8% 0/0% 0/0~ Off'me/Clerical 24/~.7% 11.4% 19/7.7~ 4/1.6% 0/0% 0/0% Service and/or Main~ 381)/84,1% 28/10.5% 262J61,2% 71/18.6% 0/0% 1/.2% Total, Male 776/62.0% 30/3.9% 648/83.5% 96/12.4% I)K)% 2/.3% FEMALE I:)1flc~ls/Aztmlnistratom 13/2~.9% 1/2.2% 1~.7% ~ Pmf~na~ 871~.~ ~% ~4~.4% 11.5% Te~ni~ ~~ 11.~% ~.1% 511.5% 11.3% 010% ~Cleri~l ~.~% ~2.4% 20~.7% 1114.4% ~.~ 0~% Se~i~ a~or Mal~ ~1~.~ 31.7~ 5~12.2% 1~0.4% ~O% 01~ Total, Female 47~.0% 11~.3% 4~0,8% 3~.3% Tmal, all ~oy~ ~2~ 41 I080 1~ 3 2 Key: B=Black, W=White. H=Hlspanl .c,.~/Pl=Asian/Paciflc Island,Al/AN=American Indian or Al~kan Native Attachment B AU6- 3 1999 COMMUNITY LABOR STATISTICS (CLS) MALE Job Category Total: B Officmls/Administrators 7585/64.3% ~2/.5% Professionals 5402/48.0% 20/.2% Technicians 1144/54.9% 5/:2% Office/Clerical 3025/2t:.2% 31/.2~ Service and/or Maim 13080/e4.7% 848/4.2% Total Male 30196/50.7% 987/3.2% W H A/PI Al/AN 6939/59.0% 535/4.5% 12/.1% 17/~% 5~?/46.4% 119/1.0% 22/-2% 19/2% 1034/,4g,7% 98/4.7% 0/0% 71.3% 2721/19.0% 243/1.7% 21/.2% 9/.1% 7324Z38.~ 4781/'23.~ 53/.3% 731.4% 23240/77.0~, 5758/Ig.1% 108/.4% 12.5/.4% Ofllctals/Administrators 4192/35.7% 29/.3% 38ZTJ32.S~ 320/2.7% 8/.1% 131.1% Professionals 5a44/52.0% g~,8% 5417148.2~ 288/2.5% 30/.3% 16/.27. Technicians 939/45.1% 5gt2.g% 838/40.1% 44/'2.1% 0/0% 0/13% Oflr.:a/Clencal · 11263/Z8.8% 279/2% 10135/70.g~ 782/5.3% 2g/.2~ 52/.4% Service and/or Maint 7127/35.3% 725/3.6% 4525/22.4% 1818/9.0% 39t.2~ 20/.1% Total. Femate 29365/49.3% 118714.0% 24735/84.2% 3230/11.0% 108/.4% 101/.3% Total, all employees 59561 2154 47975 8986 214 226 ' 8 employees ctasslfl~ as "ottmr' , Key: B---glac~,W-White,H-Hispanic, A/Pl=Asian/Pacific Islancl~l/AN=Amedcan Indian or AJaskan Native AUG- 3 1999 Attachment C UTILIZATION ANALYSIS MALE Jab Category Total B W H A/Pi Al/AN Officials/Administrators :6.8% -0.5% 7.7% 0% .0.1% ,.0.2% Profes~onals :8.1% 0,8~ 6.8% 0.5% -0.2% 0.3% Tectmicians ~19.9% 0.1% 20.0% 0,1% 0% -0.3% Offlc, e/C~edcal -i11.5% 0,2% -11.$% -0.1% -0~% .0.1% I Service and/of Mal~ i~ 9.4% 6,3% 25.0% 7.0% .0.3% 0,2% Total,Male ,11.3% 0.8% 8.5% -6.7% -0.4% -0.1% Officials/A~ mini~rato rs '-6.8% 1.9% -5.8% -2,~ ~.1% -0.1% P~a~ .8.1~ ~.~ -4.~ -~ ~.3% -0~ T~n~ '19.~ -~e% -~7.~ ~.~ 0.3% ~ed~l 11.5% 0.4% 11.6% ~,~ 0.6% .0.4% Se~ and/or ~i~ ,19.4% -2.~ -10.2% 21.4% ~% ~.1% Tmal. Female -11 .~ -1 .~ 6,8% ~,7% 0.2% Key:B=Black. W=White. H=Hispanib. A/PI-AslanlPacific Lslander. AI/AN,~American Indian or Alaskan Native August 3, 1999 Item #16E1 RATIFICATION OF CONSENT/EMERGENCY ITEMS APPROVED BY THE COUNTY ADMINISTRATOR DURING THE BOARD'S ABSENCE Item #16E2 EMERGENCY PURCHASE OF COMPUTER NETWORK ACCESS EQUIPMENT FOR THE FOUR (4) NEWLY LEASED OFF-CAMPUS LOCATIONS FOR THE RELOCATION OF SHERIFF'S OPERATIONS PERSONNEL FROM BUILDING "A" AND RELATED BUDGET AMENDMENT Item #16E3 BUDGET AMENDMENTS 99-321, 99-322, 99-326, 99-327 AND 99-335 Item #16E4 BUDGET AMENDMENTS 99-286, 99-328, 99-330, 99-345, 99-368, 99-369, 99-374, 99-375 AND 99-380 Item #16F1 PROCLAMATION DESIGNATING SEPTEMBER 29, 1999 AS LAW ENFORCEMENT APPRECIATION DAY FOR 20Ta JUDICIAL CIRCUIT Page 200 PROCLA~4A TION WHEREAS, WHEREAS, the problems Of crime touch ail seyments of our society and can undermine and erode the moral and economic strengths of our communities; and, we are fortunate that/aw enforcement of£/cers from ali area agencies dedicate themselves to preserving/aw and order and the public's safety: and, WHEREAS, we recognize that the men and women in/aw enforcement risk their lives on a dally bads to protect our citizens and maintain social ordey; and, WHEREAS, we encourage aH citizens to pause, to recognize our/aw enforcement officers so that we may not take their work for granted. NOW THEREFORE, be it proclaimed by the 8oard of County Commissioners of Collier County, Florida, that September 29, 1999 be des/Enated as . I~W ENFORCEiI4ENT APPRE~A~ON'D~Y FOR ~0TM ~UD%~AL C~RCU~ ' '~ and ask aE citizens fo join us in honor/nE fh~e:iaw enforcement officers and to ass/st them by exerct~inE r~pon~ibM citizenship. DONE AND ORDERED TI-tZ$ 3rd Day of August, 1999. ': ~ i"~ A TTE$ T: k. R&k, aERX BOARD OF COUNTY COM/d£$$IONER$ COLLTER COUNTY, 'FLORTDA P,,J(N~ELA $. I~ACKZE, CHAZR'Vy/ON~AN August 3, 1999 Item #16H1 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER Page 201 SATISFACTION OF LIEN FOR SERVICES OF THE PUBLIC DEFENDER 2514488 OR: 2578 PG: 0107 ** HCORHD in OHICIAL R~CORDS of COLLIBR COUNTY, FL 08/OUHH at lO:HiM D~IGH? B. BROCL CLBRK " R~C FH ~.00 aetn: CM~IH AU6 0 3 ~199 KNOW ALL MEN BY THESE PRESENTS that COLLIER COUNTY FLORIDA, through its BOARD OF COMMISSIONERS, is the owner and holder of a certain lien against: CASE NUMBER: 90-1435-TM Mark Thomas Cecil For services of the Public Defender, bearing the date of the 5th day of May, 1999 recorded in office of the Clerk of the Circuit Court of Collier County, Florida, securing the principal sum of $25.00, under Final Judgement and Order recorded in Official Record book 1554, page 1802. The Board of County Commissioners of Collier County hereby acknowledges full payment and satisfaction of said lien, hereby surrenders that same as canceled, and hereby directs that the Clerk of said Circuit Court cancel this lien of record, IN WITNESS WHEREOF, The Board of County Commissioners of Collier County, Florida, hereby directs that its Chairman execute this Satisfaction of Lien in its name. Executed this ~ day of ~ , 1999. : ATTEST:. 't//- ,.":. BOARD OF COUNTY COMMISSIONERS :~ ' ~ "' COLLIER COUNTY, FLORIDA ~tte.s.t, ts~to Ch!triBe'S sfga&tureiMIr$,' , . Approved ~ to fora Legal sufficiency Chairwoman Assistant County Attorney PREPARED BY: CLERK OF THE.CIRCUIT COURT P.O. BOX 413044 NAPLES, FLORIDA 34101-3044 August 3, 1999 Item #16H2 MISCELLANEOUS CORRESPONDENCE - FILED AND/OR REFERRED The following miscellaneous correspondence as presented by the Board of County Commissioners, has been directed to the various departments as indicated~ Page 202 AU - 3 1999 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE AUGUST 3, 1999 FOR BOARD ACTION: 1. Satisfaction of Lien: NEED MOTION authorizing the Chairman to sign Satisfaction of Lien for Services of the Public Defender for Case No.: 90-1435-TM 2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: o Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: A. May 31 - June 4, 1999 B. June 7 - June 11, 1999 C. June 14 - June 18, 1999 D. June 21 - June 25, 1999 E. June 28 - July 2, 1999 F. July 5 - July 9, 1999 G. July 12 -July 16, 1999 Districts: A. Fiddler's Creek Community Development District - Minutes of meetings held March 15, 1999, April 13, 1999 and May 26, 1999 B. Naples Heritage Community Development District - Minutes of meetings held April 26, 1999 and May 10, 1999 C. Key Marco Community Development District - Minutes of meetings held March 30, 1999 and May 10, 1999 D. Collier Soil and Water Conservation District - General Purpose Financial Statement for Year Ended September 30, 1998; Indepe] Management; Response to Audit Report; and Descripti o AUG- 3 999 E. Port of the Islands Community Development District - Minutes of meetings held April 15, 1999 and May 20, 1999 F. Golden Gate Fire Control & Rescue District - Agenda of July 14, 1999 Minutes: A. Development Services Advisory Committee - Agenda of April 7, 1999 and minutes of February 3, 1999 and March 3, 1999 meetings B. Historic/Archaeological Preservation Board - Minutes of May 21, 1999 meeting C. Collier County Planning Commission - Agenda of June 6, 1999 and minutes of May 6, 1999 meeting D. Pelican Bay MSTBU Advisory Committee - Agenda of June 2, 1999 and minutes of May 5, 1999 meeting E. County Government Productivity Committee - Minutes of June 16, 1999 meeting August 3, 1999 Item #1611 EMERGENCY PURCHASE OF TELEPHONE SYSTEMS FOR THE THREE (3) NEWLY LEASED OFF-CAMPUS LOCATIONS FOR THE RELOCATION OF SHERIFF'S OPERATIONS PERSONNEL FROM BUILDING "A" Item #1612 BUDGET AMENDMENT TO RECOGNIZE CONFISCATED TRUST FUND FISCAL YEAR 1998 CARRYFORWARD, FISCAL YEAR 1999 ADDITIONAL REVENUES, AND USE OF CONFISCATED TRUST FUNDS TO PURCHASE SPECIALIZED EQUIPMENT BY THE COLLIER COUNTY SHERIFF,S OFFICE Item #1613 PURCHASE OF HISTORICAL ARCHIVED DISKS TO CONTINUE IMPLEMENTATION OF THE RECORDS IMAGING PROJECT FROM R & S INTEGRATED PRODUCTS AND SERVICES, INC. Item #1614 SHERIFF'S OFFICE DESIGNATED AS THE OFFICIAL APPLICANT FOR THE UNITED STATES DEPARTMENT OF JUSTICE 1999 LAW ENFORCEMENT BLOCK GRANT PROGRAM Page 203 AUG 0 3 1999 DOCUMENT NOT RECEIVED IN CI..ERK'S OFFICE AS OF 11/30/99 August 3, 1999 Item #1615 PURCHASE OF A PROCESSOR CARD FOR THE TELEPHONE SYSTEM SWITCH AT THE SHERIFF,S OFFICE MAIN FACILITY - IN THE AMOUNT OF $59,486.00 Item #16J1 - Deleted Item #16J2 LEGAL SERVICES AGREEMENT WITH FIXEL & MAGUIRE AS LEGAL COUNSEL TO REPRESENT THE COUNTY RELATING TO THE COUNTY'S PROPERTY ACQUISITION INTERESTS INCLUDING EMINENT DOMAIN PROCEEDINGS FOR THE PINE RIDGE ROAD IMPROVEMENT PROJECT (PROJECT NO. 60111) Page 204 AUG- 3 1999 LEGAL SERVICES AGREEMENT THIS LEGAL SERVICES AGREEMENT made and entered into this~,~/~-~ day of ~~~__~ 1999, and between the Board of Commissioners, by County (hereinafter referred to as the "Board" and/or "County"), and the law firm ofFixel & Maguire, 211 South Gadsden Street, Tallahassee, Florida 32301, (hereinai~er referred to as "Counsel"). WITNESSETH: The parties hereto, in consideration of the premises and the covenants contained herein, mutually agree as follows: 1. Counsel is hereby retained by the Board to represent and assist the County relating to County's property acquisition interests including eminent domain proceedings for the Pine Ridge Road Improvement Project (Project No. 60111) from Airport Road to Logan Boulevard. 2. Counsel, upon authority of the County Attorney, is to prepare all legal documents, correspondence, communications, etc. and to attend all negotiation meetings, settlement conferences, court hearings and trial(s) necessary during any eminent domain proceedings for Project No. 60111. 3. The Board, through its Public Works Engineering Department hereby agrees to pay Counsel as compensation for legal services at Counsel's discounted rate of $235.00 per hour for all trial work and $200.00 per hour for non-trial work. Counsel shall be compensated at $60.00 per hour for paralegals providing services hereunder. 4. The Board hereby agrees to reimburse Counsel for actual costs incurred including costs of mailing, copies, facsimiles, telephone expense and document transmittal expenses (e.g., "Federal Express", etc.) incurred pursuant to this Agreement, provided that such costs are supported by appropriate documentation submitted with the invoice or statement for legal services to the County Page 1 of 4 AUG- 3 1999 Attorney. Counsel's travel expenses are expressly excluded from this Agreement unless approved in advance by the County Attorney. 5. A statement or invoice for legal services and direct costs incurred by Counsel shall be billed to the County Attorney on a monthly or quarterly basis at the discretion of Counsel. All invoices shall contain, as a minimum, the following information: 1) The proper name of the payee as it appears in the Agreement; 2) The date of the invoice; and 3) The description of services and the time period in which billable services were rendered. All payments and the resolution of any disputes regarding such are subject to and shall be processed in accordance with Chapter 218, Part VII, Florida Statutes, otherwise known as "The Florida Prompt Payment Act." The County shall pay all invoices submitted in accordance with the provisions of Section 218.74, Florida Statutes. If the County fails to pay any invoice for legal services within the time period specified in Section 218.74, Florida Statutes, Counsel shall have the right to invoice for interest on the unpaid invoice at the rate of one percent (1%) per month compounded monthly commencing thirty.(30) days after the due date. 6. Counsel shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement and shall not subcontract its responsibilities to the Board under this Agreement. Counsel shall carry Lawyer's Professional Liability insurance in an amount not less than $1,000,000 per occurrence. An insurance certificate evidencing this Lawyer's Professional Liability insurance requirement shall be tendered to the Collier County Risk Management Department within fourteen (14) days of the date of this Agreement. Current, valid insurance policy(les) meeting the requirement herein identified shall be maintained by Counsel during the duration of this Agreement. Renewal certificate(s) shall be sent to the County thirty (30) days prior to the expiration date(s) on any such policy(les). There shall be Page 2 of 4 AUG- 3 1999 a thirty (30) day notification to the Board in the event of cancellation or modification of any stipulated insurance coverage. 7. Counsel shall protect, defend, indemnify, and hold the Board and its officers, employees, and agents harmless from and against any and all losses, penalties, damages, professional fees, including attorney fees and all costs of litigation and judgments arising out of any willful or intentional misconduct, negligent acts or error or omission of Counsel, its subconsultants, subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder, including any claim(s) brought against the County, its officers, employees, or agents by any employee of Counsel, any subconsultants, subcontractor, or anyone directly or indirectly employed by any of them. Counsel's obligation under this provision shall not be limited in any way by the agreed-upon total contract fee specified in this Agreement or the Counsel's limit of, or lack of, sufficient insurance protection. The parties agree that one percent (1%) of the total compensation to Counsel for performance of services authorized by this Agreement is specific consideration for Counsel's indemnification of the County. 8. Counsel agrees to obtain and pay for all permits and licenses necessary for the conduct of its business and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by Counsel. Counsel shall also be solely responsible for payment of any and all taxes levied on Counsel. In addition, Counsel shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or herea~er adopted. 9. It is mutually agreed between the parties that all authorization for legal services shall originate with the County Attorney. 10. Either party may terminate this Agreement for convenience with a minimum of thirty (30) days written notice to the other party. The parties shall deal with each other in good faith Page 3 o£ 4 A06- 3 1999 during the thirty (30) day period after any notice of intent to terminate for convenience has been given. The County reserves the right to terminate this Agreement immediately, for cause, upon written notice to Counsel. 11. This Agreement shall be effective upon execution by the Board and Counsel. IN WITNESS WHEREOF, Counsel and the Board, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. WITNESSES: FIXEL & MAGUIRE (Printed witness signature) (Printed witness signatur~ Approved as to fo~ and legfl sufficiency: County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Approved by:~ ~"//~ ~ (ffeffBibby Public Works Engineering Department H/F.m'lene/FixdA~ement~Pine Ridge Rmul Project Page 4 of 4 August 3, 1999 Item #16J3 - Moved to Item %9A Item #16J4 ACKNOWLEDGEMENT AND CONSENT TO THE MERGER OF WCI COMMUNITIES LIMITED PARTNERSHIP INTO FLORIDA DESIGN COMMUNITIES, INC. WHOSE NAME IS CHANGING TO WCI COMMUNITIES, INC. Page 205 WCI Watermark Communities Inc. OFFICE June 24, 1999 Collier County County Attorney's Office 3301 East Tamiami Trail Naples, Florida 34112 Re: Consent to Merger of WCI Communities Limited Parmership into Florida Design Communities To Whom It May Concern: This letter is to advise you that WCI Communities Limited Partnership, a Delaware limited partnership ("WCI") is merging into Florida Design Communities, Inc., a Delaware corporation CFDC") and the surviving entity is simultaneously changing its to WCI Communities, Inc., a Delaware corporation CWCI Communities"). The financial strength of the surviving entity of the merger shall be equal to or greater than that of the predecessor entities. Also, the officers and directors of the surviving entity will remain the same as those of the predecessor entities. Agreement dated August 13, 1996 In accordance with the l~l~fa~xRx~~~I~l[~lg~I~dt]~]~txl~l~l; by and between Collier County and WCI Communities Limited Partnership and any other Agreements that WCI Communities Limited Partnership might have in existence with Collier County (the "Ag[e~ment"), please acknowledge your consent to the merger by executing below and returning a copy to me in the enclosed self-addressed envelope. '-: ...... '. Sincerely, ATTEST: ., c: '.;,, Deputy Vivien N. Hastings , ~ ,, :,: :- Senior Vice President Attest as s t gnature o~1,I. ACKNOWLEDGEMENT AND CONSENT Coll~ BY~m~ /' Its: 24301 Walden Center Drive Dated: Bonita Springs, Florida 34134 AGENDA ITEM No, / O AUG 0 3 lggg pg. ~---~- · (941)-,9~7~2(>00::-~ :iocicdmmu.nities. com August 3, 1999 Item #16J5 BOARD OF COUNTY COMMISSIONERS DECISION OF JUNE 8, 1999 TO REZONE FROM "A" RURAL AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT FOR THE NAPLES RESERVE GOLF CLUB - UPHELD; COUNTY ATTORNEY,S OFFICE TO DEFEND SAME Item #17A RESOLUTION 99-321, RE PETITION V-99-6, WILLIAM AND THERESE HOLZINGER, FOR A 5' VARIANCE FROM THE REQUIRED SIDE YARD SETBACK OF 15 FEET TO 10 FEET ON EACH SIDE FOR PROPERTY LOCATED AT 1838 SANTA BARBARA BOULEVARD Page 206 RESOLUTION NO. 99- 321 RELATING TO PETITION NUMBER V-99-6, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. AUG 0 3 1999 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 heating after notice as in said regulations made and provided, and has considered the advisability of a 5-foot variance from the required side yard setback of 15 feet to 10 feet as shown on the attached plot plan, Exhibit "A", in a C-2 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-99-6 filed by William & Therese Holzinger, with respect to the property hereinafter described as: Lot 9 and the south one-half of Lot 10, Block 153, Golden Gate, Unit 5, as recorded in Plat Book 5, Pages 117 through 121, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 5-foot variance from the required side yard setback of 15 feet to 10 feet as shown on the attached plot plan, Exhibit "A", of the C-2 Zoning District wherein said property is located, subject to the following conditions: The structure shall be limited to one habitable story with a loft. BE IT RESOLVED that this Resolution relating to Petition recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ,_~eeO day of ~ , 1999. /~, - Number AUG t3 3 Jgg V-99-6 be ATT~E~T: Approved~,;to Form and Legal Sufficiency: Marjor~ M. Student Assistant County Attomey gtadmin/sue/V-99-6/RESOLUTION BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA P t EXHIBIT August 3, 1999 Item #17B RESOLUTION 99-322, RE PETITION CU-99-7, HOYT HOLBROOKS, REPRESENTING THE LAKE TRAFFORD BAPTIST CHURCH, REQUESTING CONDITIONAL USE .11. OF THE AGRICULTURE ZONING DISTRICT FOR A DAY CARE FACILITY FOR PROPERTY LOCATED AT 1207 CARSON ROAD, IN IMMOKALEE Page 207 RESOLUTION 99- 322 AUG 0 3 Jgg A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF CHILD DAY CARE CENTER CONDITIONAL USE "11" IN THE "A" RURAL AGRICULTURAL ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COIYNTY, 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 "11" of Section 2.2.2.3. in an "A" Rural Agricultural Zone for a child day care facility 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: The petition filed by Hoyt Holbrooks representing the Lake Trafford Baptist Church with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "11" of Section 2.2.2.3. of the "A" Rural Agricultural Zoning District for a child care facility in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: Exhibit "D" which is attached hereto and incorporated by reference herein. AU6 BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted alter motion, second and majority vote. ~, Done this _,~ '''~/ day of /"'9~..~o~.----- , 1999. 031999 g/admin/sue/CU-99-07 RESOLUTION BOARD OF ZONING APPEALS ~AMELA S. MAC'KIE: Cha~x~vo~an -2- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR AU6 0 3 CU-99-07 The following facts are found: 1. Section 2.2.2.3.11. of the Land Development Code authorized the conditional use. o 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: Ac Bo Co Consistency with the Land Development Code and Growth Mana~an:No 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 in~~-~ress Affects~D~q~boring properties in relation to noise, gla _~~, ecohom~ or odor effects: /Q~ No affe~Qt or Affect mitigated by ~. --A'ffect ca--~-~be mitigated D. Compatibility with adjacent properties and other property in th~rict: Compati~u~e ~ithin district · ~/ NO Based on the above findings, this conditional use should, with stipulations~~ attached) (should not) be recommended for approval,/~/O(Q ~/~,/~ f/FINDING OF FACT MEMBER/ EXHIBIT "A" FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR 1999 CU-99-07 The following facts are found: Section 2.2.2.3.11. of the Land Development Code authorized the conditional use. 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: ao Consistency with the Land Development Code and Growth Management.~n: Yes No B o 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 o Affects neighboring properties in relation to noise, economic or odor effects: gl/.,Noar~e affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible u~e~ithin district Yes %-~ No Based on the above findings, t~c~itional use should, with stipulations, (copy attached) ~shouldJnot) be recommended for approval f/FINDING OF FACT MEMSER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-07 The following facts are found: Section 2.2.2.3.11. of the Land Development Code authorized the conditional use. o 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: ao Consistency with the Land Development Code and Growth Management P~.B: Yes No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & e~ress Yes ~-' No C o Affects neighboring properties in relation to noise, glar~, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use~rS/thin district Yes ~'No Based on the above findings, stipulations, (copy attached) approval . . this conditional use should, with ~) be recomm~or f/FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR AUG 0 3 '1999 CU-99-07 The following facts are found: Section 2.2.2.3.11. of the Land Development Code authorized the conditional use. 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: ao o Consistency with the Land Development Code and Growth Management Plan: Yes _~No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress & e~ress Yes _~ No Affects neighboring properties in relation to noise, gla~e, economic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible u~ within district Yes ~ No Based on the above findings, this conditional use~, with d for stipulations, .~copy attached) e ec approval f/FINDING OF FACT MEMBER/ FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR 1999 CU-99-07 The following facts are found: Section 2.2.2.3.11. of the Land Development Code authorized the conditional use. o 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: Consistency with the yand Development Code and Growth Management Fl/n: Yes ~No 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: ~.e~r Adequate ingress & ess Yes ~ No C o Affects neighboring properties in relation to noise, gla~, economic or odor effects: V No affect or Affect mitigated by Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the distr~t: Compatible use,~ithin district Yes ~No Based on the above findings, this conditional use should, with stipulations, (copy attached) approval '/ DAT .: t '7 ( ~~e, ~e ~o~. ~f or f/FINDING OF FACT MEMBER/ LEGAL DESCRIPTION (As Furnished) AUG 0319~ LEGAL DESCRIPTION OF JOINT PARCELS COMM,:NC. lNG AT THE EAST QUARTER CORNER OF SECTION. 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST,'COLL_IER CouNTY~ FLORID.~, ~ ~.. ...... i~., .. :.~?,. RUN NORTH 00'55'40" WEST 800.00 FEET 'ALON. G THE:,'E~T,,',LIN~Rg~ . ~ · .~.,,~. '. SAID SECTION; THENCE NORTH 89'06'a0;: WE'S~['~30,00: FEE~:.~O{:~HEF .... .. · .:~.... :.' .... : ~.'?. WEST RIGHT-OF-WAY LINE OF CARSON ~ROAD..A~D 'T~. POINT ~E~INNING; THENCE NORTH 00'55'40" '~EST 200.0~ 'FEET: . ."' - ' -..;~ ALONG S~ID ~IGHT-O~-~Y; TH~C~ ~ORi~ 00'0~'B0" .~SY .~$~0' ' ' ' ' ' ': ~ -. ' ~, TO ~ POINT: Ta~C~ SOUTH 00'~'a0' ~ST ~00.00..~T'~ . ' -' ' , ' ..~i-': . .:..-:..{c- A POINT; .THENCE SOHTH gO'0g'l~" EAST g40.Ol ~EET T9 A ,,...~ Po~: ~a~c~ ~oa~ oo'~oa"-n~s~ ~oo. Oo ~o ~ ?oil'!:' · a~c~ sou,a a~'oo'ao" ~s~ '~?~'.oo... ~ .. ~'~'xo ~ 'sX~D~'~m~. .. .... RIGHT-OF-WAY LIN~ ~ND T~ po~ o~ CONTAINS 3.2 ACRES MORE OR LESS EXHIBIT "B" S[C110N A--A ~'CllC~ C-C PARKING SPACES: STORM WA~.R MANAGEMENT: r~PROPOSED SITE IMPROVEMENTS I~ I alNAOr & TYPICAL sECTIONs CONDITIONS OF APPROVAL CU-99-7 AUG 0 3 '1999 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 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 of the Collier County Land Development Code. The only access to the site shall be from Carson Road. EXHIBIT "D" August 3, 1999 Item #17C RESOLUTION 99-323, RE PETITION V-99-09, JIM TITSCH, REPRESENTING BERNARD AND ASHLEY FREELAND, REQUESTIN~ A VARIANCE OF 6 FEET FROM THE REQUIRED 50 FOOT FRONT YARD SETBACK TO 44 FEET FOR THE PRINCIPAL STRUCTURE, AN AFTER-THE-FACT VARIANCE OF 13 FEET FROM THE REQUIRED 50- FEET FRONT YARD SETBACK TO 37 FEET FOR AN EXISTING GUEST HOUSE, AND AN AFTER-THE-FACT VARIANCE OF 6.2 FEET FROM THE REQUIRED 30 FOOT SIDE YARD SETBACK TO 23.8 FEET FOR AN EXISTING GUEST HOUSE, FOR PROPERTY LOCATED AT 92 MYRTLE ROAD Page 208 RESOLUTION NO. 99- 323 RELATING TO PETITION NUMBER V-99-09, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 6-foot variance from the required front yard setback of 50 feet to 44 feet for the principal structure, an after-the-fact variance of 13 feet from the required 50-foot front yard setback to 37 feet for an existing guest house, and an after-the-fact variance of 6.2 feet from the required 30-foot side yard setback to 23.8 feet for an existing guest house, as shown on the attached plot plan, Exhibit "A", in an RSF-1 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-99-09 filed by Jim Titsch, representing Bernard and Ashley Freeland, with respect to the property hereinafter described as: Lot 8, Block M, Pine Ridge Extension, as recorded in Plat Book 3, Page 51 of the Public Records of Collier County, Florida. be and the same hereby is approved for a 6-foot variance from the required front yard setback of 50 feet to 44 feet for the principal structure, an after-the-fact variance of 13 feet from the required 50-foot front yard setback to 37 feet for an existing guest house, and an after-the-fact variance of 6.2 feet from the required 30-foot side yard setback to 23.8 feet for an existing -1- AUG guest house, as shown on the attached plot plan, Exhibit "A", of the RSF-1 Zoning District wherein said property is located, subject to the following conditions: This variance is for the encroachments depicted in Exhibit "A". Other encroachments shall require separate variances. BE IT RESOLVED that this Resolution relating to Petition Number V-99-09 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. day of BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA ~SE/iA S MAC'KIE Cha' g/admin/sue/V-99-09 RESOLUTION -2- I I E>' 5T!N~ 5C ~E~.~, -r~j::~ 5ETESA,C__K._ ..... ~ ............ ~E~, POOL EXHIBIT "A" August 3, 1999 Item #17D RESOLUTION 99-324, RE PETITION CU-99-09, KATHERINE DINATALE, REPRESENTING ANN PHILLIP PRE-SCHOOL, REQUESTING CONDITIONAL USE .3. OF THE "RMF-6" ZONING DISTRICT FOR A PLAYGROUND AS AN ACCESSORY TO AN EXISTING CHILD CARE FACILITY LOCATED AT 864 102~ AVENUE NORTH, IN NAPLES PARK, CONSISTING OF 0.154+/- ACRES Page 209 RESOLUTION 99- 324 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A PRESCHOOL CONDITIONAL USE "3" 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 28, TOWNSHIP 48 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 "3" of Section 2.2.5.3. in an RMF-6 Zone for a preschool 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: The petition filed by Katherine DiNatale with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Use "3" of Section 2.2.5.3. of the RMF-6 Zoning District for a preschool in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: This conditional use authorizes the property to be used as a fenced playground with no additional structures. -1- BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Boat~! O, This Resolution adopted after motion, second and majority vote. Done this ~ day of ~ ,1999. "D..WIGHT E. tJR~OCK, Clerk Assist~t Co~ty Attorney g/admin/sue/CU-99-09 RESOLUTION BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, ~taairwoman / -2- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR O 3 !99g CU-99-09 The following facts are found: Section 2.2.5.3.3. of the Land Development Code authorized the conditional use. o 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: ao Bo C o Consistency with~ Land Development Code and Growth Manag~est ~n: ~-~__---' No Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ing~ress ~e~~ NO Affects neighboring properties in relation to noise, g~q~c or odor effects: t o~ A~ect mitigated by A~ect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compat~thin district Based on the above findings, this conditional use should, with st ipulat ions, approval / ....... ~ = ~" be recommended for Vice Chairman f/FINDING OF FACT MEMBER/CU-99-09 Exhibit "A" 1999 LEGAL DESCRIP~ON (A~ Pl:lC~l~O ~ Th~s is a boundary survey of the follow~ng: Lot 48, Block 72, Unit ~5, Naples Park as recorded in Plak Book 3, Page 14 of the Public Records of Collier Coun=¥, Florida EXHIBIT "B" EXHIBIT "C" Item #17E - Continued to September 14, 1999 August 3, 1999 Item #17F ORDINANCE 99-53, RE PETITION PUD-98-5(1), MR. BOB THINNES OF Q. GRADY MINOR & ASSOCIATES, INC., REPRESENTING MR. WILLIAM E. TOULOUMIS, REQUESTING AN AMENDMENT TO THE WALGREENS PUD FOR THE PURPOSES OF ADDING DEPOSITORY INSTITUTIONS AND ALLOW OTHER USES COMPARABLE IN NATURE TO THE LIST OF PERMITTED USES FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF AIRPORT-PULLING ROAD (CR-31) AND VANDERBILT BEACH ROAD (CR-862) Item #17G RESOLUTION 99-325, RE PETITION VAC-99-012, TO VACATE A 3' WIDE PORTION OF THE PLATTED 14' WIDE DRAINAGE EASEMENT ON LOT 4, BLOCK G, "KENSINGTON PARK PHASE THREE-B", TO VACATE A 4' WIDE PORTION OF THE PLATTED 7.5' WIDE DRAINAGE EASEMENT ON LOT 18 AND TO ACCEPT A 4' WIDE DRAINAGE EASEMENT OVER A PORTION OF LOT 19 AS A REPLACEMENT DRAINAGE EASEMENT, "KENSINGTON PARK PHASE THREE-C" Page 210 ATTEST: ~/~/ DWIGHT E. BROCK, Clerk est. to ' Jgnat'ure o_nl,y, .. Approv~ as to tom ~a ~egm 2515508 OR: 2578 PG: 3332 , cm CLRRK TO THll BOARD R~CORDllD in the OPPICIAL HCORD~ of COLLIRR COUNTY, PL COPIH 6,00 INT~ROPFIC~ qTH PLOOR 08/06/1999 at 08:09A~ D~IGHT ~. BROCK, CL~RK ~SOL~ONNO. 99- 325 AUG - 3 1999 RESOLUTION FOR PETITION VAC 99-012 TO VACATE A 3' WIDE PORTION OF THE PLATTED 14' WIDE DRAINAGE EASEMENT ON LOT 4, BLOCK G, "KENSINGTON PARK PHASE THREE-B", AS RECORDED IN PLAT BOOK 28, PAGES 5 AND 6; TO VACATE A 4' WIDE PORTION OF THE PLATTED 7.5' WIDE DRAINAGE EASEMENT ON LOT lg 'AND TO ACCEPT A 4' WIDE DRAINAGE EASEMENT OVER A PORTION OF LOT 19 AS A REPLACEMENT DRAINAGE EASEMENT, "KENSINGTON PARK PHASE THREE- C", AS REcoRDED IN PLAT BOOK 30, PAGES 19 AND 20, PUBLIC RECORDS OF COLLIER COUNTY, LOCATED IN SECTION 13, TOWNSHIP 49 sOWrH, RANGE 25 EAST. WHEREAS, pursuant to section 177.101, Florida Statutes, MeAnly Engineering and Design, as agent for Sheffield-Naples Limited Partnership, does hereby request the vacation of a 3' wide portion of the platted 14' wide drainage easement on Lot 4, Block G, "Kensington Park Phase Three-B", as recorded in Plat Book 28, Pages 5 and 6; to vacate a 4' wide portion of the platted 7.5' wide drainage easement on Lot 18 and to aeoept a 4' wide drainage easement over a portion of LOt 19 as a replacement drainage easement, "Kensington Park Phase Three-C", as recorded in Plat Book 30, Pages 19 and 20, Public Records of Collier County, located in Section 13, Township 49 South, Range 25 East. WHEREAS, the Board has this day held a public hearing to consider vacating said Drainage Easements as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following be and is hereby vacated: See Exhibit "A" attached hereto and incorporated herein. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the 4' wide Drainage Easement, more particularly described in Exhibit "B" attached hereto and incorporated herein, is hereby accepted as the replacement easement for the 4' Drainage Easement vacated herein. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plats as referenced above. . T~is Resolution adopted after motion, second and majority vote favoring same. Hcidi F. Ashton Assistant County Attorney BOAR~ OF COUNTY COMMISSIONERS COLL~ s.Wc, , &wo, dan - / BOUNDARY SKETCH (NOT A SURVEY)AUS- 3 1999 ~ ~NSINGTON HIGH STREET PH~ mRZ[-C · . PH~ E~bit "A" ghea I of 2 mE S~mERLY 5 ~ET ~ ~E N~ERLY 14 ~ET ~ LOT 4, BL~ G, KEN~NGT~ PARK PHA~ ~REE-B TRACT "GC~" occ~ding to the plot recorded in .Plot Book 28, Poges 5 ~ 6 of the Public Rec~da of Collier County, Fl~Ido GOLF COURSE. L.M.E. 4'x 6' A.E. & D.E. ~ GRAND , N~'47=W / CATCH 8A~N ..... L.2.' ~STORM ' ~ ~ O.E.(E~ST.) 3.0' O.E. TO BE VACA~D ~ ~ ~ O.E,(PR~.) o ~T 5 ~T 4 ~ ~T 3 ~T 2 o B~CK G B~CK G :~~' B~CK G B~CK G (VAC~T) (VAC~T) ~ (VAC~) [ (HOUSE) ' KENSINGTON HIGH STREET s,~OC~m~s~ CAT BA*N ~ DETAIL ~E,S~e~o. ,,RK E.~M~NT McANLY ENGINEERING EASEMENT AODIT~. AND DESIGN INC. EN~N[E~G. ~NING. L~D K~S~QT~ PA~ PHASE ~EE'B AN0 L~O~AP[ 5435 P~K C[NTR~ C~RT LOT 4, BLOCK Q N~ES. ;Lm~DA SC~E: I'=50'ID~.:R.H ICHK.:W.a. IDA~: 4/15/99 (941) 593-3299 FAX (94{) ~3-329e NO. RE~SI~S O~ DATE 05/t8/99-15: 28:50 KEN~LL_~J~L4BG.dw~ C~I~T. 1999 BY Mc~LY [N~NE[RING ~O ~. INC. ~ RI~TS RE~ol PRO. CT: 901205.C Ii II ,, ,,_.] /~' ,,,, II ! II ~1 Il I~221 I~0 19,,,,1817 16 15 14 13 12 11 10 9 8 7 6 4,, 3 1 IIII Il ,, ,, BIX] CKG "lEED[[TAIL ,, KENSINGTON HIGH STREET PHASE THREE-C · . PHASE 'rHREE-B I BOUNDARY SKETCH (NOT A SURVEY) AUG- 3 leS9 II II 22 21 2 ~ 19""] " (] ,.18 i? 16 1,5 14 13 12 11 10 9 8 ? 6 ,5 4. 3 I~ 1 I ,, - Ill:CK G . ~ ,, ,, - $1 !E )Eq AIL ,, KENSINGTON HIGH STREET PHASE ll-IREE-C ,,, PHASE THREE-B .... ',! LgGAL Dta~tCRIPTION: STORM THE NORTHERLY 4 FEET OF THE SOUTHERLY 7.5 FEET OF/-M.H. LOT 18, KENSINGTON PARK PHASE THREE-C occording to the plot recorded in Plot Book 30, Pogea 19 ac 20 of the Public Records of Collier COunty, Florldo TRACT "GC2" GOLF COURSE, L.M.E. A.E. & D.E. GATE VALVES IN NOO'Og'47"W Exhibit "A" Sheet 2 of 2 VAC 99-012 . ~__. ~, 15...._' D.E.(EXIST.) ~ -i/'"4'O'OFO'E' TOBE VFAT?ATED · ~ ~ ~AREA -~ 480.00 SQ. . 4.0' ADDE_~.D ~--- ~ a / ~T 18 ~T 17 (VACANT) (VAC~T) ~ ~~ r ~ M (VACANT) _ (VACANT) TRACT "A" (60' R.O.W.) s00'09'47'£ (A.E./C.U.E./N.U.E. I-:1 ~-2' v.o. KENSINGTON HIGH t CURB INLET ~,, E.O.p. ~r~,~ CATCH BASIN STREET~OR.c~ % · SOO~)9'47'E Id.H.- CURB IN~T ~  CATCH BA~N DETAIL SCALE:: 1"-, 30' ~ENsIN(tTON PARK DEVELOPMENT Il MoANLY ENGINEERING ,,11 'iii ii i' ' K AHO L~aOSCA.OC ENSIN~TON PARK PHASE THREE-C II [] I· .4,~-e ,a II 5435 PARK CENIRAL COJ~l · -'." 'o, [] .Ae~s. ~^ 3,1o, ~ I · I · I SCALE: 4/15/99 ,~,05/14/g9-1~: 15.16. KEN\Lt._ADJ\L~88G dw. g mlIICOPy~IGHT' lggg BY McANLY~ £NQN££RSNC A~O 0£SI4~1, iNC: ALL RIGHTS RIr ,S~:RV£nll PROdEc'r: gOI205C /D.E.) SH[E:T: I Of' 1 Prepared by: Treiser, Kobza & Lieberfarb, Chtd. 4001 Tamiami Trail N., Suite 330 Naples, FL 34103 AUG- 3 1999 Preparedby: Treiser, Kobza & Lieberfarb, Chtfl. 4001 Tamiami Trail N., Suite 330 Naples, FL 34103 Sh~ lot3 VAC 99-012 THIS EASEMENT granted this ~)rkday of June, 1999 by SHEFFIELD- NAPLES LIMITED PARTNERSHIP, a Florida Limited Partnership (hereina~er referred to "Cwantof'), to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO TI-I~ GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, i~s successors and assigns, without responsibility for maintenance and KENSINTON PARK MASTER ASSOCiATION INC. its successors and assigns, with responsibility for maintenanc~ (hereinaflerreferred to collectively as Grantee ") WITNESSETH: That Grantor, for and in consideration of flae sum of Ten ($10.00) Dollars and other good and valuable cor~ideration paid by the County, receipt of which is hereby acknowledged, does hereby grant unto the Grantee's a perpetual, non-exclusive easement, license, and privilege to enter upon and to maintain Drainage facilities above and below ground on the property described as: That certain 4' Drainage easement, a~ more particularly described on Exhibit "A" attached hereto, prepared by MCANLY ENGINEERING AND DESIGN INC. dated April 15, 1999 being a part of Lot 19, Kensingwn Park; Phase Three-C, recorded in Plat Book 30, at pages 19 and 20 inclusive, of the Public Records of Collier County, Florida. TO HAVE AND TO HOLD thc same unto said grantee's and their successors and assign, together with thc right to enter upon said land and excavate and take materials from same and construct and mainta~ thereon drainage facilities. Grantor and Grantee arc used for singular or plural, as the conte~ requires. [Remainder of this page intentionally left blank] Page 1 of 2 of Drainage Easement AU6- 3 1999 £x~Mt "~" Sh~ 2of3 VAC 99-012 IN WITNESS WHE~OF, The Grantor has caused These presents to be executed the date and year first above written. Signed, Sealed and Delivered in the Presence of: Wimess #1 Signature _ 9c ald 9. ~.ia~ss t~ l'p~7~d Name ~X~css ~ Signal. Wimess ~2 PHmcd N~e SHEFFIELD-NAPLES LIMITED PARTNERSHIP, a Florida Limited Partnership By: Its: SHEFFIELD-NAPLES OP, L.C., a Florida Limited Liability Company Gcneral Panner By: HEARTHSTONE, INC., .,, ..a C~ifomia Corporation Its: ~ ~JR., cc Prcsidcm STATE OF ) COUNTY OF ) MY COMMISSION t CC 825379 EXPIRES: July 17, 2003 Thc foregoing instrument was acknowledged before me this -3 C) day of June, 1999, by James K. Griffin, Jr. as Senior Vice President of Hearthstone, Inc., a California Corporation, the Manager of Sheffield-Naples GP, L.C., a Florida Limited Liability Company, General Parmer of Sheffiel~d-_Naples Limited Partnership, a Florida Limited Partnership, on behalf of the partnership, .f~who is personall?n_ own~o me or who has produced as identification. Printed Name of Notary Page 2 of 2 of Drainage Easement BOUNDARY SKETCH (NOT A SURVEY) AUG- 3 ~999 IIN L . : BIZ CK G ,, ~ SE-'E3£'1 'AiL KENSINGTON HIGH STREET PHA~ ~REE-C . PHA~ ~REE-B I,BGAL D~tCRIPTION: STORM THE ~OUTHERLY 4 FEET C~ THE NORTHERLY 11.5 FEET Of ;-M.H. LOT 19, KENSINGTON PARK PHASE THREE-C occo~ding to the plot recorded in Plot Book 30, Pages 19 & 20 of the Public Records of Collier County, FIoHdo . Exhibit "B' · ~Dd 3of 3 VAC 99-012 TRACT KENSINGTON TRACT "GC2" GOLF' COURSE. L.M.E. A.E. &: D.E. -- VALVES NOO'Og'47"W IN PIPE .... ~ 4.00' EXHIBIT "A" 4.00' ~- 'A' (60' R.O.W.) soo'og',~7'E (A.E./C.U.E./N.U.E./D.~.) /~2' V.G. nL ". '."' HIGH STREET CATC. BASIN S00'09'lT'E--M.H.- CURB INLET DETAIL CATCH BASIN SC, N/: 1'= 3o: ~ MoANLY ENGINEERING EASEMENT REL~%ATION II K~TON PA~ PHASE T~ II ~ ,--~ ~c~ I I I ~% I ~ ~ lB 543~ P~ ~NTR&L C~RT ~ B B m~ BI I I 05/1~9g~28 KE~LL_~J~L198Cdwq C~l. t999 BY Uc~v C~NiCmNG ~0 ~, iC. a e~ ~R~D , JUN-28-1999 16:41 Preparedby: Trciser, Kobza & Lieberfarb, Chtd. 4001 Tamiaxni TraiiN., Suite 330 Naples, FL 34103 AU6- 3 1999 251.5199 OR: 2578 ?G: 3292 RSCORDRD in OBICIAL RR¢ORDS Of COLLIBR COU~?~, ~L 08/06/1999 at 08:07AM DWIGHT B, BROCK, CLNRK RBC ~SS 15.00 DOC-JO .70 COPIB$ 3,00 Retn: CLBRK TO ~Hl BOARD IN?BRONICB 4~H FLOOR BXT 7240 Preparedby: Trciscr, Kobza & Licberfarb, Chtd. 4001 Tamiami Trail N., Suite 330 Naples, FL 34103 Exhibit "B" Sheet I of 3 VAC 99-012 THIS EASEMENT granted this .~)fl" day of June, 1999 by SHEFFIELD- NAPLES LIMITED PARTNERSI-HP, a Florida Limited Partnership (hereinafter referred to "Grantor"), to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, its successors and assigns, without responsibility for maintenance and KENSINTON PARK MASTER ASSOCIATION INC. its successors and assigns, with responsibility for maintenance (hereinafterreferred to collectively as Grantee ") WITNESSETH: That Grantor, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration paid by the County, receipt of which is hereby acknowledged, does hereby grant unto the Grantee's a perpetual, non-cxclusivc easement, license, and privilcge to enter upon and to maintsin Drainage facilities above and below ground on the property described as: That certain 4' Drainage easement, as more particularly described on Exhibi! "A" attached hereto, prepared by MCANLY ENGINEERING AND DESIGN INC. dated April 15, 1999 being a part of Lot 19, Kensington Park,-Phase Three-C, recorded in Plat Book 30, at pages 19 and 20 inclusive, of thc Public Records of Collier County, Florida. TO HAVE AND TO HOLD thc same unto said grantee's and their successors and assign, together with thc right to enter upon said land and excavate and take materials from same and construct and maintain thereon drainage facilities. Grantor and Grantee arc used for singular or plural, as thc context requires. [Remainder of this page intendonally left blank] Paso I of 2 of Drgnage Easement JUN-28-1999 16:42 P.03 AU0- 3 1999 Exhibit "B" Shell 2 of 3 VAC 99-012 IN WITNESS VV~tEREOF, the Grantor has caused these presents to be executed the date and yea~ first above written. Signed, Sealed and Delivered in the Presence of: Witness itl Signature 19o ai d 19 eVo . Wjm~ss ~ 1 'P,~/~'d Name ~r~aless #2 Signature. Witness #2 Printed Name SHEFFIELD-NAPLES LIMITED PARTNERSHIP, a Florida Limited Partnership By: Its: SHEFFIELD-NAPLES OP, L.C., a Florida Limited Liability Company Oencral Partner By: HEARTHSTONE, INC., ~al'ffomia Corporation Its: ~ 13),' _ ~JR., c¢ President STATE OF ) COUNTY OF ) Thc foregoing instnm~ent was acknowledged before me this ~ O day of June, 1999, by James K. Oriffin, Jr, as Senior Vice Presidem of Hearthstone, Inc., a California Corporation, the Manager of Sheffield-Naples GP, L.C., a Florida Limited Liability Company, General Partner of Naples Limi!e.d Partnership, a Florida Limited Partnership, on behalf of the partn~ship, sonally known)o mc or who has produced as identification. Printed Name of Notary Page 2 of 2 of Drainage Basement BOUNDARY SKETCH (NOT A SURVEY) uG- 3 1999 LEGAl, DImCRZPTION: STORM ~IE SOU]HERLY 4 FEET OF THE NORTHERLY 11.5 FEET OF/-M.H, LOT 19. KENSINGTON PARK PHASE THREE-C occording to the plot recorded in Plot Book 30, Poges 19 dc 20 of the Public Records of Collier County. Florido Exhibit "B" Sheet 3 of 3 VAC 994)12 TRACT KENSINGTON TRACT "GC2" GOLF' COURSE. L.M.E. A.E. & O.E. -- VALVES __ ~ N00'09'47'W IN PIPE "'" , 4.00' EXHIBIT "A" 4.00' "A" (60' R.O.W.) soo'o~',7'E (A.E./C.U.E./N.U.E,/D.~.) /,,-2' V.O. HIGH STREET CATCH BASIN S00"09'47'E M.H.- CURB INLET DETAIL CATCH sc~a.g: 1'= ~o' KENSINGTON PARK DEVELOPMENT EASEMENT RELOCATION KENSINGTON PARK PHASE THREE-C LOT ~. st,.c: ,'-~o'1o~.:,... Ic~.:'w.,. Io^~: ,/,~I,, 05/t 4/99-i8: 20:28 K£N\LL_AOJ\L198, C. dw9 , McANLY ENGINEERING AND DESIGN lNG. ENOINCERIN~:. PLANNING. LAND ~URV~ING N~S. FL~A 341~ [~T, 1999 B~ Uc~Y [~NE[~NC ~0 ~. ~C. ~ ~ ~R~O~ NO. I RCVtS~N$ PROJCCT: 90t 205.0 August 3, 1999 Item #17H RESOLUTION 99-326, RE PETITION V-99-15, SAMI SAADEH REQUESTING A 5 FOOT VARIANCE FROM THE REQUIRED 5 FOOT REAR YARD SETBACK ESTABLISHED FOR ACCESSORY STRUCTURES TO 0 FEET TO ACCOMMODATE A POOL AND SCREEN ENCLOSURE FOR A PROPERTY LOCATED ON NAPA RIDGE WAY, IN THE NAPA RIDGE SUBDIVISION UNIT II IN THE VINEYARDS PUD Page 211 AUG RESOLUTION NO. 99- 326 RELATING TO PETITION NUMBER V-99-15, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 5-foot variance from the required rear yard setback of 5 feet to 0 feet established for accessory structures as shown on the attached plot plan, Exhibit "A", in a PUD Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-99-15 filed by Sami Saadeh, representing himself, with respect to the property hereinafter described as: Lot 12, Napa Ridge Unit Two Replat, as recorded in Plat Book 21, Pages 55 through 56, of the Public Records of Collier County, Florida. be and the same hereby is approved for a 5-foot variance from the required rear yard setback of 5 feet to 0 feet established for accessory structures as shown on the attached plot plan, Exhibit "A", of the PUD Zoning District wherein said property is located BE IT RESOLVED that this Resolution relating to Petition Number V-99-15 be recorded in the minutes of this Board. ~UG ~ 3 ~ This Resolution adopted after motion, second and majority vote. day of Done this ,1999. / BOARD OF ZONING APPEALS ~ELA S. MAC'KIE, Chairwol~an / g/admin/petition/V-99-15/RESOLUTION -2- A BOUNDARY SURVEY ~UG 0 ~ 1~9 · o' R. 0. W. (C.U.E.) NAPA RIDGE WAY ~o~ P'~ N34'08",2."1~' ~ ,aO.~' 2' V.O.-/' LOT 4 THE VINEYARDS d LOT 12 TRACT "F" F.I.P.~ JUN 2 1 1999 99- i5 : ' F.I.P. ~5013 TRACT G-C THE VINEYARDS LOT 13 EXHIBIT "A" NOTES: ADDRESS: NAPA RIDGE WAY ALi DIMENSIONS ARE PLAT AND FIELD MEASURED UNLESS OTHERWISE NOTED ELEVATIONS SHOWN HEREON (IF ANY) ARE BASED ON N.G.V.D. FIRM. PANEL No. 120067 0425 D (6/3/86) INDICATES THAT THE PROPERTY IS IN ZONE "X", c~,, - s[v~ ~ ~T BEARINGS ARE BASED ON THE CENTERUNE OF NAPA RIDGE WAY = N 34'08'42' W. -STC~ S~ C^TC, m,~s,. NO UNDERGROUND IMPROVEMENTS HAVE BEEN LOCATED EXCEPT AS SHOWN. 'Th -u'~uw pov~ ,~ THERE ARE NO ENCROACHMENTS EITHER ON OR OFF PROPERTY UNLESS OTHERWISE SHOWN. Q,,.~ .£.a^t~_m s^c~ ONLY EASEMENTS ON RECORDED PLAT OR THOSE FURNISHED SURVEYOR ARE SHOWN HEREON. s,~u.,: P(~INT August 3, 1999 Item #17I RESOLUTION 99-327 RE PETITION V-99-11, JOHN SISSMAN REQUESTING A 27 FOOT AFTER-THE-FACT VARIANCE FROM THE REQUIRED 30 FOOT SIDE YARD SETBACK TO 3 FEET ON THE SOUTH SIDE OF AN EXISTING SINGLE FAMILY RESIDENCE LOCATED AT 425 COCOHATCHEE BOULEVARD Page 212 RESOLUTION NO. 99- 327 RELATING TO PETITION NUMBER V-99-11, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. 0 3 1999 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 27-foot after-the-fact variance from the required side yard setback of 30 feet to 3 feet as shown on the attached plot plan, Exhibit "A", in an Estates 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-99-11 filed by John Sissman, representing himself, with respect to the property hereinafter described as: Exhibit "B" be and the same hereby is approved for a 27-foot variance from the required side yard setback of 30 feet to 3 feet as shown on the attached plot plan, Exhibit "A", of the Estates Zoning District wherein said property is located, subject to the following conditions: This variance is for the existing residence as shown on the Plot Plan and shall not apply to any expansions, additions or rebuildings. BE IT RESOLVED that this Resolution relating to Petition Number V-99-11 be recorded in the minutes of this Board. t999 This Resolution adopted after motion, second and majority vote. Done this ,~ ,nd day of /~.t..eJx~ ,1999. ,. ~ 'Mai'jori~ M. Student ' ' Assistant County Attorney BOARD OF ZONING APPEALS gtadmin/sue/V-99-11/RESOLUTION -2- ~ ~1 ~ - , DESCRii~TiON //1~1 ~ ',' L~"~' I .. ,~ , ,17' __._! - Z ,ii 'billI~ :. c- . ~1~ ~!-1 I~ ..... I~ '/ ]'~ I~. }' '~. I /ILl I~ ' ~." ~.. ~ ' ~ ' ,I 'Ii iltll I PAR~[ lB ~. '" .... ~ THIS IS NOT[ ~.A SURLY / .. · ~1 rr,~t ,~. ~~[ ' I · I ~.." ~1 · ~.~x I ...... 4~.~ .... --,fi .............. ~ ,,b""",';'"'.?.,',,, - - ~~r ,~ Ar c~ & ~s~ PLa. ~ ~rs ~~. · s~c~ SEC~ 22 LEGAL DESCRIPTION Commencing at the Northeast corner of Southeast %, west 990 feet to POB, South 150 feet, west 427.19 feet, North 5 degree West 150.78 feet, East 441.41 feet to POB. In Section 22, Range 25 east, Township 48 South, Collier County, Florida. ' - EXHIBIT "B" August 3, 1999 Item #17J RESOLUTION 99-328 ESTABLISHING A SCHEDULE OF DEVELOPMENT RELATED REVIEW AND PROCESSING FEES AS PROVIDED FOR IN DIVISION 1.10 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AND ALSO PROVIDING FOR A SCHEDULE OF FEES FOR FIRE PREVENTION PERMITS ESTABLISHED AND ADOPTED BY THE INDEPENDENT FIRE DISTRICTS TO APPLY TO DEPENDENT FIRE DISTRICTS; SUPERSEDING RESOLUTION 95-642 AND RESOLUTION 96-594 Page 213 RESOLUTION NO. 99- 328 AUG 3 A RESOLUTION ESTABLISHING A SCHEDULE OF DEVELOPMENT RELATED REVIEW AND PROCESSING FEES AS PROViDED FOR IN DIVISION 1.10 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE AND ALSO PROVIDING FOR A SCHEDULE OF FEES FOR FIRE PREVENTION PERMITS ESTABLISHED AND ADOPTED BY THE INDEPENDENT FIRE DISTRICTS TO APPLY TO DEPENDENT FIRE DISTRICTS; SUPERSEDING RESOLUTION NO. 95-642 AND RESOLUTION 96-594. WHEREAS, the Collier County Land Development Code, Section 1.10.1 provides that the Board of County Commissioners shall establish and adopt by resolution a schedule of fees and charges for application and document processing, public meetings, public hearings, other meetings and hearings, transcripts, approvals, denials, development permits, development orders, development, construction, interpretations, enforcement inspection services, sale of documents, review, resubmission and any other zoning or development related service and any other services provided or costs incurred by the County; and WHEREAS, the Board of County Commissioners approved Resolution 95-642 establishing a fee schedule of development related review and processing fees on November 14, 1995; and which Resolution was subsequently amended by Resolution 96- 594 on December 17, 1996; and WHEREAS, the Board of County Commissioners directed staff to adopt a new fee resolution to reflect the Board's adopted development review and building permit fee waiver policies and procedures; and WHEREAS, many operations within Community Development and Environmental Services Division are funded by user fee revenues; and, WHEREAS, the new, decreased or increased fees for certain petition types, including engineering inspections, temporary use permits for special events requiring Board approval and petitions to change street names, are reflective of the actual-cost of processing and reviewing such petitions; and WHEREAS, the establishment of a fee for data conversion from Darter electronic format will allow the Division of Community Developmenl /~?t~/- Services to better organize, store and access files and improve informa ] ~7 J O?-~ ?' ~ '~-" 1 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners hereby declares that the fees set forth in the Schedule of Development Review and Building Permit Fees, attached hereto, and incorporated by reference herein as Exhibits "A" and "B" are fair and reasonable sums to be assessed to those who receive the benefits of these services, reviews and inspections required by the Land Development Code and the County Permitting process. BE IT FURTHER RESOLVED that this ReSolution relating to fees in the Land Development Code be recorded in the minutes of this Board and that Resolution numbered 95-642 and amendatory Resolution number 96-594 are hereby superseded by the adoption of this Resolution. This Resolution adopted after motion, second and majority vote. Done th~ay of ~ 1999 . UG 0 3 COUNTY ATTEs~r:v.~: ~:-:~ '-i~0vight'-l~i Brock, Cler'k' ' ' Attest as to Approvea a~to form and. legal sufficiency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Assistant County Attorney B) Exhibit "A' Schedule of Development Review and Building Permit Fees ADMINISTRATION Board of Adjustment Appeals Appeal Filing Interpretations Official Interpretation Request of Land Development Code or Growth Management Plan Interpretation request during review process Determination of Vested Rights Appeal of Vested Rights Determination Amendment to Land Development Code Appeal from an Administrative Decision BLASTING PERMITS & INSPECTIONS 30 day permit fee, non-refundable payable upon application $ 250.00 $100.00 $25.00 $ 50.00 (plus the County's out-of-pocket expenses associated with hearing officer and hearings) $ 50.00 $1,200.00 $200.00 (non-refundable) $85.00 Page 1 of 20 Exhibit "A" AUG 90 day permit fee, non-refundable payable upon application Yearly permit fee, non-refundable payable upon application Renewal permit fee, non-refundable payable upon application After-the-fact fee, due to blasting without the benefit of permit Fine fee, per detonated shot with after-the-fact permit Handler fee, for handler who assists the user or blaster in the use of explosives In addition to the blasting permit application fees, the following inspection fees shall be paid upon issuance of a blasting permit. Blasting Inspection Fee: Trench Blasting: $200.00 $500.00 $100.00 $2,500.00 $100.00 $25.00 $275.00 per acre $50.00 perlinearfoot Quarry Blasting: The fee for quarry blasting shall be an annual fee based on the estimated number of blasts per year at $75.00 each. (This number may be adjusted based on the actual number of blasts occurring within a given year.) C) ENVIRONMENTAL/LANDSCAPING Agricultural Clearing Permit First acre or fraction of an acre $85.00 $43.00 ($250.00maximum) $350.00 Each additional acre or fraction of an acre Environmental Impact Statement (EIS) Page 2 of 20 Exhibit "A" ~lJG O, 3 ~ Landscape Re-inspection 1st 2nd Every inspection after 2nd Special Treatment Review (ST) First five acres or less Each additional acre (or fraction thereof): Coastal Construction Control Line Variance CCSL Permit Dune Walkover Dune Restoration Variance Petition Sea Turtle Permit Sea Turtle Handling Permits Sea Turtle Nesting Area Construction Permit Sea Turtle Nest Relocation Vegetation Removal Permit First acre or fraction of an acre Each additional acre or fraction of an acre Vehicle on the Beach Permit Permit Application $85.00 $43.00 $51.00 $64.00 $9.00 ($850.00 maximum) $150.00 $100.00 $1,000.00 $25.00 $200.00 $100.00 $85.00 $43.00 ($900.OOmaximum) $250.00* * Permit fee shall be waived for public and non-profit organizations engaging in bona fide environmental activities for scientific, conservation or educational purposes. Page 3 of 20 D) Exhibit "A" E) After-the-fact Environmental or Landscape Permits CCSL Variance Petition All other Environmental or Landscape Permits & Inspections EXCAVATION PERMITS Annual Renewal Application (Private) Application (Commercial) Application (Development) Permit for private and development excavations (Upon approval of application, fee not to exceed $3,000.00): 1) 0-2000 cubic yards excavated material 2) Each additional 1,000 cubic yards excavated material 3) Over-excavation penalty per cubic yards Reapplication Road Impact Analysis Time Extension After-the-fact Excavation Permit RIGHT-OF-WAY PERMITS Right of Way Construction Permit* (Right-of-way permits issued in conjunction with an approved subdivision shall not require payment of right-of-way construction permit fee.) Right of Way Construction Permit Renewal Reinspection fees: AUG 2x normal fee 4x normal fee. $85.00 $85.00 $850.00 $125.00 $64.00 $3.OO $1.00 $64.00 $125.00 $ 43.00 4x normal fee $125.00 $43.00 Page 4 of 20 Exhibit "A" D 3 1 st $43.00 2nd $51.00 Each inspection after 2nd $64.00 Jack-and-bore $170.00 Open-cut construction $235.00 PSC regulated or County Franchised Utilities $85.00 Sprinkler Head Placement in County R.O.W. $25.00 Turn-lane/median construction ROW construction permit fee plus applicable Inspection fee After-the Fact permits 4 times normal fee (Max. $1,000) *NOTE: In addition to the right-of-way permit application fee, the applicant shall pay a $50.00 per day inspection fee based on the number of work days as determined by the engineer or agent of record. Right-of-way permits limited to the authorization of driveway connections shall be exempt from the inspection fee. SITE DEVELOPMENT PLANS Site Development Plan Review (SDP) $425.00 plus $9.00 per DFLI plus $21.00 per residential building structure; and $425.00 plus $.01 per square foot plus $21.00 per building for non-residential. Utility Plan Review & Inspection Fees Construction Document Review 0.50% of probable water and/or sewer construction costs Construction Inspection 1.50% Page 5 of 20 Exhibit "A" Construction Document Resubmission or Document Modification Site Development Plans - 3rd and subsequent additional reviews of probable water and/or sewer construction 9. osts Submit as insubstantial change ($85.00) $175.00 Site Development Plan Amendment Site Development Plan Insubstantial Change Site Development Plan Time Extension Site Development Plan Conceptual Review Additional review of construction plans for phased construction of Site Development/Improvement Plan improvements. Site Improvement Plan Review (SIP) Violation of the conditions of approval of the SDP/SIP or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved SDP/SIP. $215.00 $85.00 $85.00 $215.00 $215.00 per phase $215.00 4 x the SIP/SDP application fee. G) SUBDIVISION Lot Line Adjustment Subdivision Review Fees Construction Document Review $125.00 0.42% of probable cost of construction. Page 6 of 20 Exhibit "A" Construction Document Resubmission or Document Modification - Submit as Insubstantial Change Subdivisions - 3rd and subsequent additional reviews and substantial deviations from approved construction documents Subdivision Inspection Fee Subdivision, Preliminary Plat (PSP) Petition Application Administrative Amendment Final Plat Additional review of construction plans for phased construction of subdivision improvements. $85.00 $425.00 1.3% of probable cost of construction for const. inspection. $425.00 plus $4.00 per acre for residential; $425.00 plus $9.00 per acre for non-residential; (mixed use is residential) $215.00 $425.00 plus $4.00 per acre for residential; $425.00 plus $9.00 per acre for nonresidential; (mixed use is residential) $425.00 per phase Two-year Extension Water and Sewer Facilities Construction Document Review $85.00 0.50% of probable water and/or sewer construction costs Page 7 of 20 Exhibit "A" Construction Document Resubmission or Document Modification 0.25 % of probable ~ater and/or sewer construction costs Construction Inspection Violation of the conditions of approval of approved construction plans or installation of improvements, clearing, or other land alteration not depicted on, or otherwise authorized as a part of the approved construction plans or permit. 1.50% of probable water and/or sewer construction costs Four times the PSP or Final Plat Review Fee. I) TEMPORARY USE PERMITS Temporary Use Permit Sales Model Homes and Sales Centers Construction and Development Garage and Yard Sale Permit Temporary Use Amendment, Renewal or Extension Temporary Use Permit for ~ Special Events requiring BCC approval, including Circus I and Carnival Permits Political Signs (Bulk Temporary Permit) WELL PERMITS/INSPECTIONS* $75.00 $75.00 $75.00 $o.oo $75.00 Twice the fee for renewals or extensions requested after the expiration date. $250.00 $5.00 Page 8 of 20 Exhibit "A" Hydraulic elevator shaft permit Test hole permit (including 1 st six holes) - each additional hole Well permit (abandonment) Well permit (construction or repair) Well permit (monitoring) Well Permit (modification of monitor or test well to a production well) *NOTE: $128.00 $43.00 $5.00 $13.00 $64.00 $43.00 $21.00 Multiple wells may be allowed on one permit, but each well must be accounted for and the appropriate fee shall be charged for each well in accordance with the above listed schedule. Well Reinspections First Reinspection Second Reinspection Third Reinspection After-the-fact well permits $43.00 $51.00 $64.OO 3x normal ~eperviol~ion. ZONING/LAND USE PETITIONS Alcoholic Beverage or Service Station Separation Requirement Waiver Boat Dock Extension Petition Conditional Use Petition ($50.00 when filed with Rezone Petition) Conditional Use Extension DRI Review (In addition to cost of rezone) $425.00 $425.00 $700.00 $175.00 $2,500.00 Page 9 of 20 Exhibit "A" DRI DO Amendment Flood Variance Petition Interim Agriculture Use Petition Non-Conforming Use Change/Alteration Off-Site and Shared Parking Amendment PUD Amendments (PDAs) Minor Major *Minor & Major: *Property owner notifications: *Note: Plus $25/acre $1,300.00 $425.~0 $350.00 $425.00 $425.00 $1,300.00' $2,125.00' $1.00 non-ce~ifiedm~l $3.00 ce~ifiedretumreceiptm~l Petitioner to pay this amount after receipt of invoice from Planning Services Department. Petition will not be advertised until payment is received. Planned Unit Development Amendment (Insubstantial) Rezone Petition (Regular) Rezone Petition (to PUD) Street Name Change Variance Petition $637.50 $1,800.00 Plus$25/acre $2,500.00 Plus$25/acre $200.00 Plus $1.00 for each property owner requiring notification of proposed street name change. $425.00 Page 10 of 20 Exhibit "A" Variance (Administrative) Zoning Certificate: Residential: Commercial: After-the-Fact Zoning/Land Use Petitions $200.00 $15.00 $45.00 2xthe norm~ petition 3 L) MISCELLANEOUS Data Conversion Fee (to cover the cost of converting graphic and narrative information into electronic format) $25.00 per site plan or land use petition $15.00 per amendment (PUD, site plan, etc.) Official Zoning Atlas Map Sheet $.50 Publications, maps, reports and photocopies per sheet As set forth in Resolution 98-498, as amended. Requests for zoning/land use verification $25.00 per parcel. Research: The fee for researching records, ordinances, and codes that are no longer current shall be $40.00 per hour with a one-half hour minimum charge. The fee for creating and designing special computer generated reports that are not a part of the regular standard reports shall be $25.00 per hour with a oneohalf hour minimum charge M) BUILDING PERMIT APPLICATION FEE A permit application fee shall be collected at the time of applying for a building permit. The permit application fee shall be collected when the plans are submitted for review. The fee shall be applied toward the total permit fee. The applicant shall forfeit the application fee if the application is denied or if the application is approved and the permit Page 11 of 20 Exhibit "A' ~00 is not issued within the time limitation as stated in Section 103.6.1.1 of the Colli.er County Ordinance No. 91-56, as amended. : The application fee will be computed as follows: Single family and duplex* Multi-Family & Commercial* -$.05 per sq. ft. with minimum of $100.00 - $.05 per sq. ft. up to 10,000 sq. ft. - $.025 for square footage over 10,000 sq. ft. * The maximum application fee shall NOT exceed $5,000.00. Minimum fee of $36.00 for each of the following: plumbing; mechanical (A/C); electrical; fire; and building, when applying for additions/alterations. Minimum fee for all other applications = $36.00. The balance of the total permit fee will be collected at the time of issuance of the permit and will include any fee adjustments necessary. N) BUILDING PERMIT FEES The fee for a building permit shall be computed as follows: Such fees shall be either based on the contractor's valuations of construction cost or based on calculated cost of construction as set forth on the attached Building Valuation Data Table, whichever is greater. 1) Valuation of construction costs of less than $750.00 - No permit or fee is required, but construction must comply with all County Codes and Ordinances. If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. EXCEPTION: All work involving structural components and/or fire rated assemblies requires permits and inspections regardless of construction cost; signs must secure permits as stated in Collier County Ordinance No. 91-102, as amended. 2) Valuation of construction costs of $750.00 through $4,999.99 - A fee of $36.00. Page 12 of 20 Exhibit "A" AU6 0 3 999 o) 3) 4) Valuation of construction costs of $5,000.00 through $49,999.99 - A fee of $17.00 plus $7.00 per thousand dollars, or fraction thereof, of building valuation in excess of $2,000.00. ~- Valuation of construction costs of $50,000.00 through $1,000,000.00 - A fee of $333.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $50,000.00. 5) Valuation of construction costs over $1,000,000.00 - A fee of $3,474.00 plus $3.00 per thousand dollars, or fraction thereof, of building valuation in excess of $1,000,000.00. ELECTRICAL PERMIT FEES The fees for electrical permits for new structures or placement or relocation of structures shall be computed as follows: 1) $0.40 per ampere rating of all single-phase panelboards. 2) $0.15 per ampere rating for switch or circuit whichever is greater, if item #1 above does not apply. 3) When not a complete installation, all switch and circuit breakers ahead of panel boards shall be computed at $0.15 per ampere. 4) Permit fees for any change in electrical installation shall be computed at the above rates for that portion of new and/or increased fees in existing electrical facilities. 5) The minimum for any electrical permit shall be $36.00 per unit or tenant space. 6) Fifty percent (50%) in additional fee costs shall be added to all above fees for three phase installations. EXCEPTION: Ordinary repairs limited to a $200 value or less may be made without a permit. Repairs must comply with all County Codes and Ordinances. If inspections are required by the Building Official or requested by the applicant, the appropriate fees shall be paid. PLUMBING PERMIT FEES The following fee calculations shall be applied separately when the permit involves mixed occupancies. Page 13 of 20 1) 2) 3) 4) 5) 6) Exhibit "A" AU$ 0 3 1999 Residential occupancies: The fee for a plumbing permit shall be computed at the rate of $36.00 to be charged for each living unit with one to three bathrooms. An additional fee of $10.00 will be assessed for each additional bathroonl' Nonresidential occupancies: The fee for a plumbing permit shall be computed by the following methods, whichever is calculated to be the greatest fee: a) The rate of $3.00 per 425 square feet of floor area, or fraction thereof; or b) Institutional facilities, hospitals, schools, restaurants and repairs in any occupancy classification shall be charged at the rate of $1.00 per fixture unit; or c) Minimum of $36.00 for each occupancy or tenant space. Grease traps: An additional fee of $36.00 shall be assessed for each grease trap. The cost for retrofit piping shall be computed at the minimum fee of $36.00 per floor for each main riser. The cost of a permit for lawn sprinkler systems shall be computed using the dollar valuation as shown under Section M of this Resolution. The minimum plumbing permit fee shall be $36.00. Q) MECHANICAL PERMIT FEES The following fee calculations shall be applied separately when the permit involves mixed occupancies. 1) 2) Residential occupancies: The mechanical permit fees shall be computed at the rate of $36.00 for each living unit up to three tons of air conditioning. Each additional ton or part thereof shall be $3.00 per ton. Nonresidential occupancies: The mechanical permit fees shall be computed by one of the following methods, whichever is calculated to be the greatest fee: The rate of $36.00 for the first three tons or three horsepower of air conditioning or other mechanical systems per tenant space, each additional ton of air conditioning or horsepower shall be $3.00; or b) The rate of $3.00 per 425 square feet of floor area, or fraction thereof. Page 14 of 20 R) S) T) 3) 4) Exhibit "A" A permit for the change out of components shall be calculated at the above mechanical permit fee rate or the minimum fee whichever is greater. The cost of retrofit piping shall be computed at the minimum fee of $36.00 per floor for each cooling tower, or $36.00 for the first 3 horsepower and $3.00 for each additional horsepower, whichever is greater. 0 3 1999 5) The minimum mechanical permit fee shall be $36.00. FIRE PREVENTION AND CONTROL PERMIT FEES The fees and exemptions set forth in the "Exhibit B" affixed hereto and made a part of this Schedule of Development Review and Building Permit Fees shall apply to Fire Prevention and Control Permits for both the independent and dependent fire districts. MOBILE HOME/OFFICE TRAILER AND OTHER TRAILER PERMIT F]gES l) The permit fee shall be $37.00 to set-up a single-wide trailer or mobile home on an approved site plus electrical, plumbing, mechanical and fire protection fees as applicable. 2) The permit fee shall be $57.00 to set-up a double wide or larger mobile homes on an approved site plus electrical, plumbing, mechanical and fire protection fees as applicable. CHIC, KEES AND SIMILAR STRUCTURES The permit fee will be based upon a calculated cost of construction of $4.00 per square foot under roof or the contractor's estimated cost of construction, whichever is greater. The fee will then be calculated in accordance with Section B of this Resolution. Additional permit fees for electric, plumbing, mechanical, fire, etc., will be charged when applicable. POOL OR SPA PERMIT FEES 1) The fee shall be $79.00 for construction of each public pool or spa. The fee shall be $53.00 for construction of each private pool or spa. SCREEN ENCLOSURE PERMIT & PAN ROOF FEES Construction costs shall be calculated as follows: 1) Screen Roof --- $2.00 per sq. ft. of floor area. (Screen Walls Only) Page 15 of 20 2) 3) Exhibit "A" Pan Roof --- $3.00 per sq. ft. of floor area. (Screen Walls Only) Existing Roof --- $2.00 per sq. ft. of floor area. (Screen Walls Only) The screen enclosure or roof fee will then be calculated in accordance with Section A of this Resolution. AUG 1999 SIGN PERMIT FEES Sign permit fees will be calculated in accordance with both: 1) 2) Section lq) Building Permit Fees and Section O) Electrical Permit Fees (if applicable) The minimum sign permit fee shall be $36.00. NOTE: Multiple signs of the same type (i.e., wall signs) and signs for a single project may be combined on one permit, however an appropriate fee shall be charged for each sign in accordance with the schedule set forth in Paragraph W above. CONVENIENCE PERMIT FEES Convenience permits are issued in blocks of 10 each. Only licensed contractors are eligible to purchase Convenience permits. Convenience permits are limited to the use specified on the permit. The fee for a book of 10 Convenience Permits is $300.00. REVISION AND AS BUILT PLAN REVIEW FEES 1) PERMIT AND PLAN REVISIONS The fee for each permit revision submitted after permit issuance shall be calculated using fee schedules outlined in Sections B through G above. The minimum permit fee for revisions to permitted projects shall be $36.00. 2) AS BUILT PLANS The fee for "As Built" plan review shall be ten (10) percent of the original building permit fee or $150.00, whichever is greater, but shall not exceed $500.00. The fee is intended to cover the cost of reviewing amended building plans in the office to determine that change orders and various field changes are in compliance with the minimum construction and fire codes of Collier County. Page 16 of 20 AA) nB) cc) oo) EE) 3) Exhibit "A" The following are required for As-Built drawings review: a) An itemized list of all changes made after permit plan approval. b) As-Built plans that have all changes made after permit plan approval "clouded". c) As-Built plans and changes shall be signed and sealed by the engineer and/or architect of record. PERMITS REQUIRED Permits will be required to make corrections to any deficiencies found. This fee shall be paid prior to plan review. PERMIT EXTENSION The filing fee for each permit extension shall be equal to 10% of the original building permit fee or $100.00, whichever is greater, but shall not exceed $500.00. The filing fee is intended to cover the cost of reviewing existing or amended building plans to determine and verify code compliance. DEMOLITION OF BUILDING OR STRUCTURE PERMIT FEES The permit fee shall be $36.00 for the demolition of any building or structure. PRE-MOVING INSPECTION FEES The fee shall be $150.00 for the Pre-Moving inspection of any building or structure. INSPECTION FEES A charge of $20.00 per inspection shall be assessed for inspections for which a permit is not necessary. A user fee of $40.00 per inspection shall be assessed for inspections requested after normal working hours or on a time-specified basis. REINSPECTION FEES 1999 Page 17 of 20 Fl*) GG) II) Exhibit "A" Reinspections for any type of building permit shall result in an additional fee of $25.00 per inspection for the first reinspection, $40.00 for the second reinspection and $50.00 for the third and each successive reinspection. FAILURE TO OBTAIN A PERMIT Where work for which a permit is required is started or proceeded with prior to obtaining said permit, the fees herein specified shall be four times the regular fee not to exceed $1000.00 for permits costing $250.00 and less. The penalty for failure to obtain a permit when one is required having a cost greater than $250.00 shall be two times the regular mount. The payment of such fee shall not relieve any person from fully complying with the requirements of any applicable construction code or ordinance in the execution of the work, or from any penalty prescribed within any construction code, law or ordinance of Collier County. LICENSING The fees for licensing items are as follows: Letters of Reciprocity $3.00 Contractors Change of Status $10.00 Voluntary Registration of State Certified Contractors $10.00 Pictures $2.00 Laminating $1.00 (per license) DUPLICATE PERMIT CARDS The fee shall be $5.00 for the issuance of a duplicate permit card for whatever reason. CHANGE OF CONTRACTOR OR SUBCONTRACTORS To record a change of contractor or subcontractor, on a permit that has been issued, the fee shall be $36.00; this fee includes the issuance of a new permit card. PERMIT FEE REFUNDS If requested, in writing by the owner or his authorized agent, 50% of the fees charged, other than the application fee, may be refunded-provided that a permit has been issued, Page 18 of 20 LL) MlVl) 00) Exhibit "A" construction has not commenced, and the refund is applied for prior to the cancellatio~[~l~ 0 3 ~]~ the permit. RECORD RETRIEVAL The fee for retrieving records from inactive or remote storage including microfilmed documents shall be a minimum of $15.00 or $3.75 per file whichever is greater. The fee for blueprint and miscellaneous copying shall be as follows: Microfilm copies, standard documents $2.00 each. Microfilm copies, of plan $5.00 each. Blueprint copies, size 24 X 36 $3.50 each, size 36 X 48 $5.00 each. Charges for reproducing a complete set of plans shall be $2.00 per page for 24 X 36 and $2.50 per page for 36 X 48. The fee for researching records, ordinances, and codes that are no longer current shall be $40.00 per hour with a one-half hour minimum charge. The fee for creating and designing special computer generated reports that are not a part of the regular standard reports shall be $25.00 per hour with a one-half hour minimum charge. SUBSCRIPTION SERVICE The fee for one-year subscription service to be mailed quarterly shall be $15.00 per year. The subscription year is from Oct. 1 through Sept. 30. ELECTRONIC DATA CONVERSION SURCHARGE A surcharge in the amount of 3% of the building permit application fee, with the minimum surcharge being $3.00 and the maximum being $150.00, will be applied to every building permit application submitted. A flat fee of $3.00 per permit will be charged for those permits for which an application fee is not required per Paragraph M of this schedule. Page 19 of 20 Exhibit "A" PP) REGISTRATION OF RENTAL DWELLINGS The fee for registration of rental dwellings is as follows: 1) Initial Registration Fee - $15.00 2) Annual Renewal - $10.00 QQ) Fee Waiver Procedures Requests for fee waivers may only be approved by the Board of County Commissioners. Waiver requests for development review and building permit fees shall be submitted in writing directly to the appropriate Community Development & Environmental Services Division Staff, who will prepare an executive summary for consideration by the Board. Such requests shall include a statement indicating the reason for the fee waiver request and, if applicable, the nature of the organization requesting the fee waiver. The Board may consider allowing fee waivers for Temporary Use Permits for special events and for right-of-way permits to place temporary signs within the ROW for recurring events, subject to the following criteria: Fee waivers for recurring events within any 12-month period. The Board may grant a single fee waiver to cover multiple recurring events within any 12-month period provided the number of events during that 12-month period does not exceed 12 and that no more than one event is scheduled in any 30 day period. b) Fee waivers for recurring annual and semi-annual events. The Board may grant a single fee waiver to cover multiple recurring events within any 3-year period provided the total number of events does not exceed 6 and that no more than 2 events are scheduled within any 12 month period. c) Lirllitafions on fee waivers for recurring events. Requests for waivers of fees for recurring events shall specify the number of events and approximate date or expected occurrences of such events. Events exceeding the number or time-fi.ames approved by the Board shall require the submission of a new request for fee waiver. Revised August 1999. Page 20 of 20 EXHIBIT B Schedule of Fire Prevention & Control Fees AIJ~ FIRE PREVENTION & CONTROL PERMIT FEES The following fees shall be assessed on all applications for building permit: Fire Code Compliance Plan Review Fees* 1) The fee for fire plan review shall be 15% of the Collier County building (structural portion) permit fee. 2) The fee for fire plan review of fire sprinkler and fire alarm systems shall be $0.001 per square foot of gross floor area. 3) The fee for fire plan review of Site Development Plans (SDPs) shall be $25.00 4) The permit application fee for fire plan review shall be 15% of the Collier County building permit application fee or $25.00, whichever is greater. 5) The fee for fire plan review of as-built drawings shall be 15% of the general Collier County permit fee for as-built reviews provided for by county resolution. 6) The minimum fire plan review fee shall be $25.00 Fire Code Compliance Inspection Fees* l) For valuation of construction costs less than $1,000,000.00 - a fee of $0.015 per square foot of gross floor area. 2) For valuation of construction costs of $1,000,000.00 or greater- a fee of $0.020 per square foot of gross floor area. 3) For Fire Sprinkler Systems, the fee shall be $0.005 per square foot of gross floor area. 4) For Fire Alarm Systems, the fee shall be $0.005 per square foot of gross floor area. 5) 6) 7) 8) 9) 10) 11) 12) For Exhaust Hoods, $40.00 shall be assessed per hood. For Hood Suppression Systems/Spray Extinguishing Systems, the fee shall be $6.25 per sprinkler or spray head. For Fire Pumps, the fee shall be $120.00 per pump. For Underground Private Fire Service Water Mains, the fee shall be $80.00 per building/system served. For Fire Standpipe Systems, the fee shall be $80.00 per system. For Drafting Hydrant and Alternative Water Supply Systems the fee shall be $120.00 per installation. For Street Name changes, the fee shall be $120.00 per change. For Flammable or Combustible Liquid Tanks - The permit fee for each flammable or combustible liquid tank or tank system shall be calculated at $49.00 for the first 2,000 gallons of gross water capacity of the tank and an additional $20.00 for each additional 5,000 gallons of gross water capacity of the tank or fraction thereof. 13) For Liquefied Petroleum Gas Tanks or Systems - The permit fee for each L.P tank or tank system shall be calculated at $49.00 for the first 2,000 gallons of gross water capacity of the tank and an additional $20.00 for each additional 5,000 gallons of gross water capacity of the tank or fraction thereof. 14) 15) 16) The minimum gas permit fee shall be $49.00 The minimum fire code compliance inspection permit fee shall be $40.00. RE1NSPECTION FEE - Reinspections of any type shall result in an additional fee of $25.00 per unit inspection for the first reinspection, $40.00 for the second reinspection, and $50.00 for the third and each successive reinspeetion. Gross Floor Area is defined as that total area of the structure(s) under roof. EXCEPTIONS: 1) Structural permits for detached one and two family dwellings~ are exempt from fire prevention permit fees. 2) Permits that do not present a fire protection concern, i.e., swimming pools, concrete decks, radio transmission towers, etc., are exempt from fire prevention permit fees. The Office of the Fire Code Official shall make this determination. 3)' Fire st~mdpipe systems, when part of a combination system with fire sprinklers, do not require either a separate permit or permit fee. *Note: Fire Districts may have additional fees, duly adopted by their local board of fire commissioners, for other various services such as open burning permits, fireworks displays, etc.. Please refer to the appropriate resolution of the fire district. August 1999 August 3, 1999 Item #17K - Continued to September 14, 1999 Item #17L ORDINANCE 99-54, AMENDING ORDINANCE 97-10, REGARDING VESSEL SPEED CONTROL AND WATER SAFETY, TO ADD A NEW BODY OF WATER KNOWN AS HELL,S GATE AS AN IDLE SPEED ZONE Item #17M ORDINANCE 99-55, AMENDING SCRIVENER,S ERROR IN ORDINANCE 99-35, WHICH AMENDED ORDINANCE 98-37, "THE COLLIER COUNTY RECLAIMED WATER SYSTEM ORDINANCE" There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 6:30 pm. ATTEST:-. ~. D~IGHT E. BROCK, CLERK ~.,~,./~These; minute's a~roved by the BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD(S) OF !, SPECIAL DISTRICTS UNDER ITS CONTROL Board on corrected as TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC. BY TERRI LEWIS, RPR, KELLEY BLECHA, RPR, AND ROSE M. WITT, RPR Page 214