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BCC Minutes 10/12/1999 R
October 12, 1999 TRANSCRIPT OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS Naples, Florida, October 12, 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: CHAIRWOMAN: Pamela S. Mac'Kie Barbara B. Berry John C. Norris Timothy J. Constantine James D. Carter ALSO PRESENT: Robert Fernandez, County Administrator David Weigel, County Attorney Page 1 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, October 12, 1999 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA 1TEM 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. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAtPLES, FL~"RIDA, 34112, (941) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. ! October 1.2, 1999 LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION - Reverend Maryann Dorner, Church of the Resurrection 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 1) September 7, 1999- BCC Budget Meeting 2) September 9, 1999- Pelican Bay Budget Meeting 3) September 9, 1999- BCC Townhall Meeting 4) September 14, 1999 - BCC Regular Meeting 5) September 15, 1999 - BCC Workshop Meeting 6) September 20, 1999 - BCC Emergency Meeting 7) September 22, 1999 - BCC Budget Meeting 5. PROCLAMATIONS AND SERVICE AWARDS A. PROCLAMATIONS 2 October 12, 1999 1) Proclamation proclaiming week of October 11-17, 1999 as Family Community Education Week. To be accepted by Ms. Doris Wolf, President, Family and Community Educator Proclamation recognizing the Summer Food Service Grant Program. To be accepted by Mr. Jim Thomas, Athletics Supervisor, Department of Parks and Recreation, Collier County and Ms. Cheryl Thomas, Area Supervisor, Department of Food Services, Collier County School Board Proclamation proclaiming month of October 1999 as Vision Awareness Month. To be accepted by Ms. Jane E. DiPaola, Rehab Counselor, Division of Blind Services, Department of Labor & Employment Security. SERVICE AWARDS PRESENTATIONS 1) Recommendation to recognize Ross Gochenaur, Planner II, Planning Services Department, as Employee of the Month for October 1999. 6. APPROVAL OF CLERK'S REPORT A. ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIES. 7. PUBLIC PETITIONS A. Request for Public Petition-3rd Annual Naples Jaycees July 4* Festival 8. COUNTY ADMINISTRATOR'S REPORT A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES First amendment to the 2000 Tourism Agreement between Collier County and the Tourism Alliance of Collier County regarding advertising and promotion. 3 October 12, 1999 2) Request by George E. Fogg of the Collier County Police Activity League for a waiver of a temporat3' use permit fee for a special event. B. PUBLIC WORKS 1) THIS ITEM IS CONTINUED FROM SEPTEMBER 28, 1999 MEETING. Approve a Change Order to the Professional Services Agreement for Traffic Engineering Consultant Services in the amount of $15,165 for implementation of coordinated signal timing plans for Airport-Pulling Road and Pine Ridge Road. C. PUBLIC SERVICES 1) Approve a revised Neighborhood Park Policy. 2) A notification of public hearings regarding the management plans for the Delnor,Wiggins Pass State Recreation area and the Fakahatchee Strand State Preserve. D. SUPPORT SERVICES E. COUNTY ADMINISTRATOR 1) Discussion relating to expansion of Mosquito Control District. 2) Discussion of "Halloween Hours". 3) County Administrator Evaluation Form. F. AIRPORT AUTHORITY G. EMERGENCY SERVICES 4 October 12; 1999 9. COUNTY ATTORNEY'S REPORT AJ Recommendation that the Board of County Commissioners approve a settlement ofKlingerman v. Collier County, Case No. 98-492-CIV-FTM-23D, pending in the United States District Court for the Middle District of Florida, pursuant to which (1) each party will bear its own costs; (2) mutual releases will be exchanged; and (3) the case will be dismissed with prejudice. 10. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Golden Gate Estates Land Trust Committee. B. Appointment of members to the Historical/Archaeological Preservation Board. C. Appointment of member to the Housing Finance Authority. D. Appointment of member to the Black Affairs Advisory Board. E. Presentation by CBIA relating to Community Transportation. 11. OTHER 1TEMS A. OTHER CONSTITUTIONAL OFFICERS B. PUBLIC COMMENT ON GENERAL TOPICS- 5 October 12, 1999 PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS 12. ADVERTISED PUBLIC HEARINGS - BCC A. COMPREHENSIVE PLAN AMENDMENTS B. ZONING AMENDMENTS 1) Petition R-99-1, Geoffrey G. Purse of Purse and Associates, Inc., representing Sunset Harbor Club, requesting a rezone from C-4 to RMF-12 (8) for property known as Sunset Cay, located approximately 695 feet south of U.S. 41 East on Newport Drive at Port of the Islands Phase One, in Section 9, Township 52 South, Range 28 East, Collier County, Florida, consisting of 6.85 +/- acres. C. OTHER 13. BOARD OF ZONING APPEALS A. ADVERTISED PUBLIC HEARINGS 1) THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 28, 1999 MEETING. CU-99-18, Blair A. Foley, P.E., of Coastal Engineering Consultants, Inc., representing Robert Keenan, requesting Conditional Use "24" of the "A' zoning district for a dog kennel on less than 20 acres of land, in Section 36, Township 48 South, Range 26 East, Collier County, Florida, consisting of 1.3 +/- acres. ,~ 2) Petition CU-99-17, Donald Wayne Arnold representing Mr. Christopher P. Johnson of the Grand Land Initiative, LLC, requesting conditional use "17" of the Agriculture zoning district to allow for a golf course and related facilities for property located on the southeast corner of the intersection of lmmokalee Road (CR-846) and Woodcrest Drive, in Sections 25 and 36, Township 48 South, Range 26 East, Collier County, Florida. B. OTHER 6 October 1.2, 1999 14. STAFF'S COMMUNICATIONS 15. 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. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request to approve for recording the final plat of "Indigo Lakes", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 2) Request to approve for recording the final plat of "Home Depot Naples." 3) Request to approve for recording the final plat of "Laurel Lakes, Phase One", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. 7 October 12, 1999 4) S) 6) Request to approve for recording the final plat of "Glen Lake Estates", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. Request to approve for recording the final plat of "Forest Park", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the security. C-99-7, Lit Droguett, of Sterling & Reid Bros. 3 Ring Circus, requesting a permit to conduct a circus at the Collier County Fair Grounds located on the east side of Immokalee Road (C.R. 846) on October 25 and October 26, 1999. B. PUBLIC WORKS 1) Approve an Amendment to an Agreement between the South Florida Water Management District (SFWMD) and Collier County. 2) Recommendation that the Board of County Commissioners approve the staff selection of firms and authorize staff to negotiate Agreements with firms for the Fixed Term Construction Engineering Inspection Services (RFP 99-2960). 3) Approve Amendment No. 5 to the Professional Services Agreement with Coastal Engineering Consultants, Inc. to provide professional engineering and surveying services necessary in performance of annual monitoring requirements for the Marco Island Beach Renourishment Project. 4) Approve Work Order #TS-WM-0001 for Wilson Miller, Inc. for the Radio Road MSTU landscaping. 5) Approve the sole source purchase of computer software for the North County Water Reclamation Facility Computer Control System. 6) Approve a Budget Amendment to provide for mandatory collection service payments for Service Area One. '" 7) Recommendation to approve payment to Southern Waste Services. 8) This item has been moved to BBl. 9) Approve a Budget Amendment to purchase an Odor Control Fan System for Naples Landfill. C. PUBLIC SERVICES 8 October 12, 1999 D. SUPPORT SERVICES 1) Recommendation to Award Annual Bid #99-2989, Bagged Ice for Fiscal Year 1999-2000. 2) Approval of a Budget Amendment to Sub-Meter the Chilled Water Plant and Irrigation System at the Main Government Complex. 3) Approve a Declaration of Easement on County Railway Terminal Property E. COUNTY ADMINISTRATOR F. BOARD OF COUNTY COMMISSIONERS G. EMERGENCY SERVICES H. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Correspondence I. OTHER CONSTITUTIONAL OFFICERS 1) Recommendation to the Board of County Commissioners to accept the COPS In Schools Grant Award 1999SHWX0314. 2) Recommendation to the Board of County Commissioners to accept the COPS Universal Hiring Supplemental Grant Award 95CCWX0265. Je COUNTY ATTORNEY AIRPORT AUTHORITY 1) CONTINUED FROM MEETING OF SEPTEMBER 25, 1999. To delimit the footprint of the Marco Island Executive Airport consistent with the Airport Master Plan. 17. 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 9 October 12, 1999 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. Petition PUD-88-6(2), Karen K. Bishop of Project Management Services Inc., of Naples, representing Ronto Golf Estates, Inc., requesting an amendment to the Forest Glen of Naples PUD for the purposes of increasing the total number of dwelling units from 790 to 799 units; revising Section 1.3 of the PUD document to reflect the current property owner and revising the Master Plan to indicate the location of a fire station for property located at the southeast corner of Davis Boulevard and C.R. 951, in Section 2, Township 50 South, Range 26 East, Collier County, Florida. B. THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 28, 1999 MEETING AND IS FURTHER CONTINUED TO THE OCTOBER 26, 1999 BCC MEETING. Petition No. PUD-98-13, R. Bruce Anderson of Young, van Assenderp, Varnadoe & Anderson, P.A., representing Collier Development Corporation, requesting a rezone for lands zoned "A" Rural Agriculture and "PUD" Planned Unit Development to "PUD" for a new 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 Vanderbilt Drive on the west, lying north of 111* Avenue and south of the Cocohatchee River, in Section 21, Township 48 South, Range 25 East, Collier County, Florida consisting of 267.44 +/- acres. Petition PUD-99-11, Mr. Donald Wayne Arnold and Mr. Klm Patrick Kobza, representing the Vanderbilt Trust-1989, requesting a rezone from "A' Rural Agriculture to "PUD" Planned Unit Development to be known as "The Vanderbiit Trust 1989 PUD for property located on the north side of Vanderbilt Beach Road (CR-862) and approximately one mile east of Airport-Pulling Road (CR-31) in Section 31, Township 48 South, Range 26 East, Collier County, Florida. D. This item has been moved to 16A6. Petition VAC 99-002 to vacate a portion of the 15' wide and a portion of the 30' wide drainage and utility easements on lots 6 and the north ½ of Lot 7, according to the plat of"Southwind Estates", as recorded in Plat Book 11, Pages 16 through 17, Public Records of Collier County, Florida, located in Section 26, Township 48 South, Range 25 East, and to accept a 10' wide and a 15' wide drainage and utility easement as a replacement easement. PETITION VAC 99-003 to disclaim, renounce and vacate the County's and the public's interest in the east 565.38 feet of the 84' wide road right of way shown as "Falling Waters Boulevard, Tract D' on the plat of :'Falling Waters Replat" as 10 October 12, 1999 recorded in the Plat Book 19, Page 7, Public Records of Collier County, Florida and being located in Section 8, Township 50 South, Range 26 East and to accept a 15' wide utility easement. PETITION VAC 99-011 to disclaim, renounce and vacate the County's and the Public's interest in road right of way, being a portion of Turner Place, according to the plat of "Collier's Reserve", as recorded in Plat Book 20, pages 59 through 87, Public Records of Collier County, Florida, located in Section 22, Township 48 South, Range 25 East. H. THIS ITEM WAS CONTINUED FROM THE SEPTEMBER 24, 1999 MEETING AND IS FURTHER CONTINUED TO THE OCTOBER 26, 1999 MEETING. Petition PUD-98-20, William L. Hoover, AICP, of Hoover Planning, representing Gulf Sun Corporation, requesting a rezone from "A" Agricultural to "PUD" Planned Unit Development to be known as Whippoorwill Lakes PUD for a mixed use residential development not to exceed 628 dwelling units located ¼ mile south of Pine Ridge Road (C.R. 896), north of Night Hawk Drive between Whippoorwill Lane and 1-75, in Section 18, Township 49 South, Range 26 East, Collier County, Florida, consisting of 76.85+ acres. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 11 October 12, 1999 October 12, 1999 Item #3 REGULAR AGENDA, CONSENT AGENDA AND SUMMARY AGENDA ADOPTED WITH CHANGES APPROVED AND/OR CHAIRWOMAN MAC'KIE: We'll call to order the meeting of the Board of County Commissioners for October 12th, 1999. We're honored this morning to have Reverend Maryann Dorner from the Church of the Resurrection with us, which I happen to know a little bit about. A wonderful new church in Collier County. And after she leads us in the invocation, if you remain standing, we'll have the pledge of allegiance. REVEREND DONNER: Let us pray. Almighty God, we give you thanks for all our many blessings, especially the opportunity to live and work and play and pray in Collier County. Creator God, we ask that you guide our County Commissioners and all the leaders of our community so that together we may make wise decisions and right judgments regarding our common life in this part of your world. Give us your wisdom so that we can be good stewards of your creation. Help us to be ever mindful of the environment that you have entrusted to our care, and give us sound judgment as we seek to safeguard the land and water resources you have given us. Eternal God, look with love and compassion on the people of our community. We come from a diversity of backgrounds, cultures, languages and religious practices. Help us to live together in peace and harmony, whether we call Collier County home for a lifetime or for a season. Bless our children and youth, and give us the patience and skill to provide for their well-being, as well as to prepare them to be the future leaders of our country. Bless all those who are new to our community, and help them to find Collier County a welcoming place where they can serve and be served. And especially, dear God, we ask you to bless all of us gathered here today so that we can conduct the business of our community that needs to be done with a spirit of unity and respect. Amen. (Pledge of allegiance said in unison.) CHAIRWOMAN MAC'KIE: Thank you, Reverend Dorner. Let's see, do we have agenda changes this morning? She asks, knowing that there's a list. Take us through that. MR. FERNANDEZ: Good morning, Madam Chairwoman and Commissioners. COMMISSIONER BERRY: Good morning. MR. FERNANDEZ: The items to change the agenda this morning are as follows: The first is to add Item 8(A) (3). This is Commercial Excavation Permit No. 59.691, Forest Park. This was requested by Commissioner Constantine. It's a reconsideration of a previous action of the board. Next is add Item 8(E) (4). This was a discussion of the 12th annual telephone survey conducted by Fraser-Mohlke Associates. It's a staff request. Page 2 October 12, 1999 The next is to add Item 9(B), which is a resolution ordering and calling for the election of members to the board of supervisors of the Lely Community Development District by qualified electors. And that's the request of the County Attorney's Office. Next item is to add Item 16(A) (7). It is a request to approve for recording the final plat of Wildcat Cove Three and approval of the standard form construction and maintenance agreement and approval of the amount of performance security. This is the petitioner's request. The next item is to add Item 16(A) (8), which is a request to approve for recording the final plat of Muirfield at the Marsh and approval of the standard form construction and maintenance agreement and approval of the amount of performance security. Requested by Commissioner Norris. The next is to add 16(I) (3). It is to accept a civil traffic infraction hearing officer grant and aid in the amount of $12,094.08 from the office of the state court administrator, and authorize the chairwoman to sign the agreement. Staff request. We also ask that you continue indefinitely Item 16(K) (1). This is an item to delimit the footprint of the Marco Island Executive Airport, consistent with the airport master plan. It's the Airport Authority staff request. We have a request that Item 8(E) (1) be considered as a time certain item for 9:30 this morning. We also have an item, Madam Chairwoman, I received this morning. We have a summary agenda item, 17(C), which we have received a slip for someone to speak on that item. And according to our rules regarding summary agenda, that item should be moved to the regular agenda, regular public hearing agenda. And that would be Item 12 -- let me make sure of the item. 12(B) (2). Item 12(B) (2) from 17(C) CHAIRWOMAN MAC'KIE: Okay. Any changes, Mr. Manalich? MR. MANALICH: No others. CHAIRWOMAN MAC'KIE: Thank you. Commissioner Berry? COMMISSIONER BERRY: One item I would like to add -- actually, two things I have. That one item I would like to add would be having to do with street lighting, an ordinance that's being looked at right now. But I'd like to have the board give direction. And I think in order to do that, we need to add this to the item. It's critical that we do this so we can get a public hearing in and get a decision by our last meeting in December. CHAIRWOMAN MAC'KIE: So we should make that 10(F), so it can be an action item. COMMISSIONER BERRY: Okay. And the other item would be a time certain item regarding the transportation issue that was -- CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: what about 10:007 CHAIRWOMAN MAC'KIE: Yes. -- placed on the agenda. What time would be good for them? Well, if you've got mosquito control at 9:30, 10:00. Page 3 October 12, 1999 COMMISSIONER BERRY: 10:00, I believe, for that other item. CHAIRWOMAN MAC'KIE: That works for me. COMMISSIONER BERRY: Okay. CHAIRWOMAN MAC'KIE: Anything else? Commissioner Norris, anything? COMMISSIONER NORRIS: No. CHAIRWOMAN MAC'KIE: Commissioner Carter? COMMISSIONER CARTER: Yes. Under summary agenda, Item No. F. I need a clarification before I pull that. There's a statement that says that they had received no objection from everyone except the Collier County Transportation Department. And I would like to know why we did not receive something from the transportation department, if there's a problem. CHAIRWOMAN MAC'KIE: Anybody here who could tell us about that? Maybe Mr. Kant, Mr. Ilschner? Item 17(F) does say that letters of no objection were received from all pertinent agencies except Collier County Transportation. The zoning is PUD. This is a vacation of the plat of the right-of-way of Falling Waters Boulevard, if that rings a bell. MR. KANT: Edward Kant, transportation services director. Unfortunately, I'm just coming back off vacation. I have no idea what this item's about. But I'll research it if you'd like to hold it off. CHAIRWOMAN MAC'KIE: Why don't we just move it to regular agenda. We can do it quickly if we need to. COMMISSIONER CARTER: Okay. I'll move that to -- CHAIRWOMAN MAC'KIE: Thank you, Mr. Kant. Where would that go then, Mr. Fernandez? Looks like maybe 7 -- I'm sorry, 12(B) (3)? MR. FERNANDEZ: I would say that would go under 12(C) -- CHAIRWOMAN MAC'KIE: Oh, okay. MR. FERNANDEZ: -- 12(C) (1). CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: Carter? COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: changes? Okay, 12 (C) . That was 17 (F) ? Yes. Thank you. Anything else, Mr. Commissioner No, that's it. What about you, Commissioner Constantine, any COMMISSIONER CONSTANTINE: No changes, other than the one that was already on the agenda. CHAIRWOMAN MAC'KIE: Okay. And I don't have changes. I do want to take the opportunity to make two quick announcements. One is for anyone who's required -- just as a courtesy I'd like to announce that anyone who's required to register as a lobbyist under Collier County's new Ethics Law, relatively new law, the registrations that you have previously filed expired on September 30th, 1999. You're required to file again in the office of the clerk to the board. Page 4 October 12, 1999 My other announcement is that it's Fred Thomas's birthday, so when we see him today, we will be singing. COMMISSIONER BERRY: I have one other item, too. CHAIRWOMAN MAC'KIE: Commissioner Berry? COMMISSIONER BERRY: There is another item under the -- it's in the zoning appeals, talking with some folks regarding the issue of -- it's a rezoned land. CHAIRWOMAN MAC'KIE: Is it a 17 something back on the -- COMMISSIONER BERRY: It's in the 17. It has to do with the area down by Port-of-the-Islands. CHAIRWOMAN MAC'KIE: Oh, Naples Cay or something. COMMISSIONER BERRY: Naples -- or. CHAIRWOMAN MAC'KIE: Sunset Cay. COMMISSIONER BERRY: Sunset Cay. The -- some of the residents down there have a question about notification. They are concerned about that item. CHAIRWOMAN MAC'KIE: Okay, so that ought to be moved where, Mr. Fernandez? Sunset Cay. MR. FERNANDEZ: Which item is it? COMMISSIONER BERRY: 17 -- I think it's (B) (1). MR. FERNANDEZ: (B) (1) ? COMMISSIONER BERRY: I think that's what it is. CHAIRWOMAN MAC'KIE: It's the down zone from commercial to residential zoning change in Sunset Cay out of Port-of-the-Islands; I remember that. MR. FERNANDEZ: That should be Item 12(B) (3), I believe. CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: 12 (B) (1) now. COMMISSIONER BERRY: Okay. Well, wait a minute. Okay, anything further? Wait a minute. That's already -- that's I'm sorry, it is 12(B) (1). But do we have to -- what do we have to do if there's a concern raised about that? COMMISSIONER NORRIS: Nothing. MR. FERNANDEZ: Public hearing. You will hold a public hearing and you can hear the concern at that time. CHAIRWOMAN MAC'KIE: Okay. COMMISSIONER BERRY: Well, unfortunately the people didn't know that this item was on the agenda. CHAIRWOMAN MAC'KIE: Oh. So you may be wanting to ask to have it continued if people -- COMMISSIONER BERRY: Is that the proper thing to do? I'm sorry. CHAIRWOMAN MAC'KIE: Maybe that's it. If you've got people who want to speak on the item but can't -- don't feel like they got appropriate notice. Maybe that's -- COMMISSIONER BERRY: They got no notice until I called to talk to them about this issue, and that was the first they had heard about it. This was something that happened back in April before the Planning Commission, and it's just now coming to us. And so they have some concern about this. So if we could -- Page 5 October 12, 1999 COMMISSIONER NORRIS: Are they here? COMMISSIONER BERRY: No, they're not here. CHAIRWOMAN MAC'KIE: That's the problem. COMMISSIONER BERRY: That's the problem. CHAIRWOMAN MAC'KIE: Well, shall we continue it to a time certain, Mr. Weigel, so that we could avoid re-advertising? That would be the next meeting, two weeks? MR. WEIGEL: Very good suggestion. COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: please. CHAIRWOMAN MAC'KIE: Okay, anything else? COMMISSIONER NORRIS: Let's continue -- Let's continue. -- it to the next meeting then, if you would, You bet. If not, is there a motion? I'll make a motion that we approve the consent agenda, regular agenda and summary agenda with changes as noted. COMMISSIONER CARTER: Second. COMMISSIONER CONSTANTINE: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. We got just a few Page 6 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS° MELTING October 12. 1991~ ADD ITEM 8 (Al 3: Commercial Excavation Permit No. 59.691 "Poreat Park (Heron Lakes)". (Commiseioner Conetantina Request). ADD ITEM 8 (El 4: Discueslon of Twelfth Annual Telephone Survey conducted by Fraee. r and Mohlka Aesociates, Inc. (SMff'e Requeat) ~DD ITEM 8 |B); Resolution ordering and calling for the election of members to the Baird of Superviaors of the Lely Community Development DJetrict by qualified electort, to be held by paper ballot on November t6, t999 aa act forth in Section t90.006, Florida Statutes, at amended. (AUorney'e Request) A,,,DD ITEM tS (At 7: Requ#t to approve for recording the final plat of "Wiklcat Cove Three" and approval of the Standard Form Conntruotlon and Maintenance Agreement and approvM of tho amount of the performance aecurity. (petitioner'e Requaat) ADD ITEM 18 (At 8: Request to approve for recording the final plat of "Mulrlteld at the Marsh" lind approval of the Stinciard Form Construction and Maintenance Agreement ind approval of the amount of the performance escurliy. (Commiasioner Norris' Requ#t) ADD ITEM t6 II)3: Accept a Civil Traffic Inhction Hearing Officer Grant-lnoAM of $t2,094.06 from the Office of the State Court Adminiatrator and authorize Chairwoman to sign the agreement. (SMff'a Request) TO BE CONTINUED INDEFINITELY ITEM 18 IlO 1; To delimit the footprint of the Marco Lsland Executive Airport consistent with the Airport Master Plan. (Airport Authority Staff's Request) NOTE: ITEM 8 lEI 1 HAS TIME CERTAIN 8ET FOR 9:q10 A.M. October 12, 1999 Item #4 MINUTES OF 9/7/99 BUDGET, 9/9/99 BUDGET, 9/9/99 WORKSHOP, 9/14/99 REGULAR, 9/15/99 WORKSHOP, 9/20/99 EMERGENCY AND 9/22/99 BUDGET - APPROVED AS PRESENTED COMMISSIONER CONSTANTINE: Madam Chairman, I make a motion we approve the minutes of the September 7, 1999 budget meeting, the September 9, 1999 Pelican Bay budget meeting, the Town Hall meeting of September 9th, 1999, the regular meeting of September 14th of this same year, September 15th's workshop meeting, the emergency meeting we held September 20th, and of course the final budget hearing September 22nd, 1999. COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: Opposed? (No response.) CHAIRWOMAN MAC'KIE: Second. Ail in favor, please say aye. That passes unanimously. Item #5A1 PROCLAMATION PROCLAIMING THE WEEK OF OCTOBER 11-17, 1999 AS FAMILY COMMUNITY EDUCATION WEEK - ADOPTED And Commissioner Berry has a proclamation for us. COMMISSIONER BERRY: Yes, I do. If we could have Ms. Doris Wolf, president of the Family and Community Educator. Would you come on up here, please? Come on up and turn around and face the cameras so people can see you at home. The proclamation reads as follows: WHEREAS, Family and Community Educator volunteers are an integral part of Collier County government and the University of Florida Extension Service; and WHEREAS, during the past five years the FCE organization has donated in excess of 12,000 hours to the extension service and the community; and WHEREAS, the Collier County FCE program supports the family as the core of society; and WHEREAS, the well-being of the family is dependent upon the development of a solid value system; and WHEREAS, Collier County family and community educators and their national organization join voices in promoting a special week with the campaign slogan, Make a Date With Your Family; and WHEREAS, family and community educators express the hope that the dates individuals have with their families will foster communication, love and understanding within each family and thus strengthen their communities. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida, that we support the efforts of these volunteers of the University of Florida Extension Service, and Page 7 October 12, 1999 that the week of October 11 through the 17th, 1999 be designated as Family Community Education Week in Collier County, and urge all Collier County citizens to make a date with your family. DONE AND ORDERED THIS 12th day of October, 1999. Board of County Commissioners. Pamela S. Mac'Kie, Chairwoman. Madam Chairman, I would like to move acceptance of this proclamation. COMMISSIONER NORRIS: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. (Applause.) MS. WOLF: I want to say thank you for this and to tell you a few of the things that we do. CHAIRWOMAN MAC'KIE: This is Doris Wolf, for the record. MS. WOLF: Our volunteer leaders taught over 275 persons in group settings on nine different educational topics. This is when we go to class and then we go back to our club and we teach what we learned to our clubs. 33 FCE volunteers gave 3,253 hours in service to the extension service and the community. At the current dollar figure for volunteer contributions, $12.13, that amounted to nearly 35,500 in monetary contributions to the CES Program. FCE gave nearly 3,000 monetary contributions and material goods to the Shelter for Abused Women, the Collier County Health Department, and the 4-H Foundation and camp scholarship fund. 2,851 Collier County youths and their families participated in the completion of 3,301 4-H projects. 300 volunteers contributed over 13,000 hours, the equivalent of 6.5 full-time staff officers. CHAIRWOMAN MAC'KIE: Wow. MS. WOLF: Thank you. CHAIRWOMAN MAC'KIE: Thank you so much. That's outstanding. Page 8 P/R OCLAMA TION WHEREAS, Family and Community Educator volunteers are an integral part of Collier County Government and the University of Florida Extension Service; and, WHEREAS, during the past 5 years, the FCE organization bas donated in excess of 12,000 hours to the Extension Service and the community; and, WHEREAS, the Collier County FCE program supports the family as the core of society; and, the well-being of the family is dependent upon the development ora solid value system; and, WHEREAS, Collier County Family and Community Educators and their National Organization join voices m a special week with the campaign slogan, and, grHEREAS, that the DATES their , love and NOW of Collier of the :October 11-17, in "MAKE A DA TE DONE AND ORDERED DWIG~ E. BROCK, 'CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA October 12, 1999 Item #5A2 PROCLAMATION RECOGNIZING THE SU~IMER FOOD SERVICE GRANT PROGRAM - ADOPTED Commissioner Constantine has a proclamation. COMMISSIONER CONSTANTINE: I do. I think we have Jim Carter -- I mean, Jim -- sorry, wrong Jim. COMMISSIONER CARTER: Yes, I'm here this morning. CHAIRWOMAN MAC'KIE: He's here. COMMISSIONER CONSTANTINE: Jim Thomas and Cheryl Thomas -- both who will be leading the singing to Fred Thomas later, I think -- here to accept the proclamation. It is for the Summer Food Service Grant Program. Wave to everybody in TV land. The proclamation reads as follows: WHEREAS, for the past 15 years, Collier County Board of County Commissioners Department of Parks and Recreation has participated in a Summer Food Service Grant Program; and WHEREAS, the Summer Food Service Program has been a cooperative effort between the Department of Parks and Rec and the Collier County School Board; and WHEREAS, in 1998, the Summer Food Service Grant Program provided 127,768 free breakfasts, snacks and lunches to the disadvantaged youths of our community, and through a $214,025 grant from the State of Florida; and WHEREAS, in July, 1999, Collier County Summer Food Service Grant Program received a certificate of appreciation for the 1998 summer program for the -- from the United States Department of Agriculture; and WHEREAS, this award recognized the Collier County Department of Rec Summer Food Service Grant Program and the Collier County School Board as the regional Sunshine award winner for the seven-state southeast region in the category of special populations for increases in the number of breakfasts served to needy youths; and WHEREAS, Jim Thomas, athletics supervisor, Collier County Board of County Commissioners, Department of Parks and Rec Department, and Cheryl Thomas, area supervisor, Collier County School Board Department of Food Services, have been instrumental in the operation of the program. Easy for you to say. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that the Summer Food Service Grant Program be recognized by the board and the United States Department of Agriculture for the quality of its program and as the regional Sunshine award winner. DONE AND ORDERED this 12th day of October, Board of County Commissioners, Pamela S. Mac'Kie, Chairwoman. Madam Chair, I'd like to make a motion we approve this proclamation. Page 9 October 12, 1999 COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: Opposed? (No response.) CHAIRWOMAN MAC'KIE: (Applause.) CHAIRWOMAN MAC'KIE: about the program? MS. THOMAS: I'd love to. Second. Ail in favor, say aye. Passes unanimously. Cheryl, you want to say a few words, maybe, CHAIRWOMAN MAC'KIE: Thank you. MS. THOMAS: I'd like to say good morning first, and this is a first. I've never been to this podium before. I've always sat in the audience. CHAIRWOMAN MAC'KIE: Your other half has been here quite a few times. MS. THOMAS: He told me it would be a piece of cake. I'd like to tell you a little about the award. It was very enlightening to get it. I changed careers in the middle of 50, so I decided to go to the school system and do something entirely different; where, after being there for six weeks, I recognized that there's something in Immokalee that's keeping these kids from not eating breakfast, and I didn't know what it was. So we decided we were going to brainstorm and come up with some good idea. Well, the idea was that everybody in America does not eat bacon and eggs, everybody in America does not eat Cornflakes and milk. So we decided, well, what are we going to do about this? We're going to entirely change the menu, and with the menu we're going to put a promotion in there. So the school system, of course, had some money but at the last minute they didn't have any money for me. So I decided well, I'm going to ask the businessmen of Immokalee, can they help me out. Everybody I asked came through for me. We had his and her bicycles, we had electronic toys. So we decided to put this promotion. Every kid who eats breakfast in Immokalee and in summer school every day will win a ticket, and you'll put this ticket in the basket every day with your name on it. At the end of the week, you may win a bicycle, you may win an electronic toy, whatever. It was so successful that 18.3 percent of every kid that went to summer school ate breakfast with us. So now we know that putting promotions in the school system does work. Along with Jim Thomas, he helped us out to get the kids out there, and we fed them. And also, before I let Jim talk to you about the remaining part of this, this week is National School Lunch Week, and I'd like every commissioner to visit one of our schools and have lunch on us. Thank you. CHAIRWOMAN MAC'KIE: I get to visit two. One with each kid. Thank you, Cheryl. MR. THOMAS: I'd just like to say thank you and also thank the school where we hire 15 -- the people who do the cooking in the schools during the summertime to administer this program for us. So it Page 10 October 12, 1999 actually keeps them going throughout the summertime and it also helps the school, it helps us as well. So I just want to thank the school board for their help in the past years and the coming years. CHAIRWOMAN MAC,KIE: One of the best things going on in Collier County, really, is this program. It just reaches so many kids who otherwise would be hungry in Collier County. So thank you. MR. THOMAS: I appreciate you helping our budget a little bit, too. CHAIRWOMAN MAC'KIE: Thanks. Page 11 PROCLAMATION WHEREAS, WHEREAS, WHEREAS, WHEREAS, for the past fifteen years, Collier County Board of County Commissioners, Department of Parks and Recreation bas partic~gated in a Summer Food Service Grant Program; and, the Summer Food Service Program bas been a cooperative effort between the Department of Parks and Recreation and the Collier CoUnty School Board; and, in 1998, the Summer Food Service Grant Program provided 127,768 free breakfasts, snacks and lunches to the disadvantaged youth of our community through a $214,025 grant from the State of Florida; and, in July 1999, Collier County Summer Food Service Grant Program received a Certificate of Appreciation for the 1998 Summer Program from the United States Department of Agriculture; and, this award recognized the Collier County Department of Parks and Recreation's and the Collier County Winner for the seven state in WHEREAS, of County Cheryl Thomas, of Food Services NOW of Collier be i~ United States as the Regional DONE AND , FLORIDA ATTEST: S. MAC'KIE, October 12, 1999 Item #5A3 PROCLAMATION PROCLAIMING THE MONTH OF OCTOBER 1999 AS VISION AWARENESS MONTH - ADOPTED Let's see. Commissioner Norris has a proclamation. COMMISSIONER NORRIS: I do. Let's see if we can get Jane DiPaola up here to accept this proclamation. If you'd come right up here and face the cameras, we'll get you duly embarrassed. You need to smile and all of that. CHAIRWOMAN MAC'KIE: Hi, Mom. COMMISSIONER NORRIS: Proclamation reads: WHEREAS, understanding the effects of vision loss is essential; and WHEREAS, obtaining knowledge about current laws, rights, skills and abilities of persons with a visual loss or who are blind will enable this population to have equal access to services, businesses and activities benefitting them and the entire community; and WHEREAS, as the public learns more about the Americans with Disabilities Act, greater opportunities will become available to persons who are blind or are visually impaired; and WHEREAS, all residents are encouraged to seek and learn information about the abilities of persons who are blind or visually impaired, to learn the most effective ways to provide assistance and to increase their knowledge about the rights and laws that provide assistance to this population, in fully integrating them into all aspects of society. NOW THEREFORE, be it proclaimed by the Board of County Commissioners of Collier County, Florida that the month of October, 1999 be designated as Vision Awareness Month. DONE AND ORDERED THIS 12th day of October, 1999, Board of County Commissioners, Collier County, Florida. Pamela S. Mac'Kie, Chairwoman. And Madam Chairwoman, I would like to move acceptance of this proclamation. COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. (Applause.) MS. DiPAOLA: Good morning. CHAIRWOMAN MAC'KIE: Good morning. MS. DiPAOLA: Thank you very much for this proclamation. And one of the areas of awareness I would like to bring forward is that there are approximately 4,000 physically challenged people in Collier County. And a vast majority of those people are visually impaired. And the division that I work with is the Division of Blind Services, and the emphasis is on the challenge and not what people can't do but what they can do. And through technology and training and Page 12 October 12, 1999 rehab, we are able to help people become more independent and actually return them to the working community. Thank you very much. CHAIRWOMAN MAC'KIE: Thank you so much. Page 13 PR OCLAMA TION ~HEREA& WttEREAS, understanding the effects of vision loss is essential; and, obtaining knowledge about current laws, rights, skills, and abilities of persons with visual loss or who are blind will enable thi~ population to have equal access to services, businesses, and activities benefiting them and the entire community; and, WHEREAS, as the public learns more about the Americans with Disabilities Act, greater opportunities will become available to persons who are blind or visually impaired; and, WHEREAS, all residents to ! to increase information about the abilities the most effective ways the rights and them into of Collier as DONE AND ATTEST: YOMMISSIONERS October 12, 1999 Item #5C1 ROSS GOCHENAUR, PLANNER II, PLANNING SERVICES DEPARTMENT RECOGNIZED AS EMPLOYEE OF THE MONTH FOR OCTOBER 1999 The presentation for today is for Ross Gochenaur. If he could come forward, we'd like to honor him as Collier County's employee of the month for October, 1999. Come on up and just turn and face the camera while I read how great you are. Can I get you to turn that way? COMMISSIONER CONSTANTINE: Keep turning, keep turning. MR. GOCHENAUR: Full turn? CHAIRWOMAN MAC'KIE: Ross has been employed by Collier County for the past five years, the past three years in the planning services department. Ross has taken great initiative in improving the customer service function at the front counter of the Development Services Center. This is a very busy area, which at times can be very stressful. Ross has a calm demeanor and excellent customer service skills. He has helped to develop handy, easy-to-use written sources of information on many issues of interest or concern to the public. Ross has taken the responsibility to train other planning technicians and customer service agents, resulting in more consistent and better customer service. As a result of Ross's hard work, front counter customer service complaints have dropped drastically. Over the past three years management has received many verbal and written compliments on Ross's willingness to solve problems for citizens. It is this willingness to not only identify problems but to offer solutions and be an integral part of implementing those solutions that makes Ross such a valuable employee and has earned him the award as October's employee of the month. Ross, I'd like to give you this letter for your file, a plaque and our appreciation, and a small check with our gratitude. Thank you. (Applause.) Item #8E1 DISCUSSION RELATING TO EXPANSION OF MOSQUITO CONTROL DISTRICT - STAFF TO PROCEED WITH SURVEY CHAIRWOMAN MAC'KIE: I think our next item is a time certain for the mosquito control district item. COMMISSIONER CONSTANTINE: Right on the button, too. CHAIRWOMAN MAC'KIE: Right on the button. I'll tell you what, we're good. Who's here to discuss mosquito control? MR. FERNANDEZ: Madam Chairman, I understand that we have Frank Vanessen and John Winters here. I don't know that John Winters is here. Those are the two from the district that we spoke to on this matter. CHAIRWOMAN MAC'KIE: Either of those gentlemen in the room? Page 14 October 12, 1999 Oh, please come up, if you would. I would assume that the presentation would come from them, or is that some -- MR. FERNANDEZ: Madam Chairwoman, I was planning to make the presentation. CHAIRWOMAN MAC'KIE: I'm so sorry. You're what? COMMISSIONER CONSTANTINE: That's why the surprised look on your face. CHAIRWOMAN MAC'KIE: Sorry. MR. FERNANDEZ: You can sit there and nod. CHAIRWOMAN MAC'KIE: That's fine, thank you. MR. FERNANDEZ: Or shake his head. CHAIRWOMAN MAC'KIE: Thank you, sir. MR. FERNANDEZ: This item came about as a result of a number of telephone calls we received from citizens who indicated the need for animal control -- I'm sorry, for mosquito control -- CHAIRWOMAN MAC'KIE: Almost. COMMISSIONER BERRY: Almost. MR. FERNANDEZ: -- for mosquito control services. Those calls were referred to the Board of County Commissioners, I believe, because in the past a request was made, I believe the year was 1996, to extend the boundaries of the district. And the board, on the basis of their analysis of the survey that was done of the affected citizens, did not elect to extend the boundaries at that time. Essentially the choice is before the board again to consider whether or not the extension of the boundaries are appropriate at this time. I've put together a map to give you an idea of the existing boundaries, and the boundaries of the area proposed for expansion. And I have it right here. Essentially the existing boundaries conforms to the urban boundary line roughly, with the exception of Rookery Bay being carved out, for environmental reasons. The dotted area is the area of -- proposed for addition. We find, however, that not all the calls that we received came from within the proposed area. They came from more remote areas of the county. We have met with representatives of the mosquito control district, and as you can see on the executive summary, we came up with a couple of options for you. The first option is that under Chapter 388.211 of Florida Statutes, the mosquito control district could initiate whether the expansion of the district is appropriate. And then if appropriate, they could make a recommendation to the board to expand the boundary. The district typically bases its recommendation on a number of factors, including environmental concerns, budgetary constraint health issues and constituent support. We understand that constituent support was the survey information that the board analyzed last time it considered this. CHAIRWOMAN MAC'KIE: You know, I hate to interrupt you. Maybe my package is missing. I don't have any backup for this. MR. FERNANDEZ: We delivered this to you this morning. It was a late-breaking issue. It was added late to our agenda after the agenda Page 15 October 12, 1999 package had been prepared. So we prepared the executive summary at the last minute. CHAIRWOMAN MAC'KIE: I've got Forest Lakes, final plat, final plat, Lely Community Development District and excavation. COMMISSIONER BERRY: It's behind the one that had the -- Commissioner Constantine's agenda add-on. CHAIRWOMAN MAC'KIE: There it is. Okay. COMMISSIONER BERRY: It's in that packet. CHAIRWOMAN MAC'KIE: So sorry, but I just couldn't follow you without it. MR. FERNANDEZ: My apologies for the late distribution, but it was unavoidable in this case. So as I said, we've outlined on the executive summary the two options. The first is to consider the expansion again, after the request from the district and after the conduct of another survey, to determine constituent support. The second option, which is not recommended, is to contract with them, with the district, to expand the boundary and pay the additional costs associated with that expansion out of the board's general fund or other funds. The reason we don't recommend that is because any other funds that you have, have been contributed to by the existing mosquito control district. So those people will essentially be paying twice if you expand the boundaries and use those funds to pay for the expansion. The only real equitable way is to officially expand the boundary and then allow the revenues to be collected from those in the expanded area before the service is delivered. COMMISSIONER CONSTANTINE: Quick question. Commissioner Berry, this is your district and this is an area that has more individual single-family permits pulled than anywhere else in the county. And I suspect the demand is probably there. I don't know if you're comfortable looking at that, or should we do some sort of survey? COMMISSIONER BERRY: I'm looking for a survey. I think it's time to do that again, because there's been a lot of things that have changed since this happened out in the area, I believe, back in '95 or '96, I think that's when it was done. And I think at this time the appropriate measure would be to do another survey. CHAIRWOMAN MAC'KIE: I'd support that. COMMISSIONER CONSTANTINE: Mr. Fernandez, are you suggesting anything in the way of an emergency spraying now, or just looking for direction for the long-term? MR. FERNANDEZ: No, my recommendation is that we do in fact request a survey be conducted by the mosquito control district to determine the constituent support for the expansion. CHAIRWOMAN MAC'KIE: At the same time, would I -- then Commissioner Norris -- could our environmental staff be instructed to work with them about what the methodology would be, considering the new research that's been done by Rookery Bay on how to undertake this in a more environmentally friendly way? Commissioner Norris? Page 16 October 12, 1999 COMMISSIONER NORRIS: Thank you, Madam Chairman. You're getting on to the subject I was going to bring up, is that if we expand out into that area, I would assume that we're going into some fairly environmentally sensitive area, and that we need to take a close look at that. And additionally, I certainly couldn't support expansion without a full survey of every resident that's out there. COMMISSIONER CONSTANTINE: Just as a reminder, as part of the question last time when the survey was questioning over the wording, was it tilted one way or the other. And maybe we can have our County Attorney's Office help the folks in mosquito control or go ahead and put together wording that is as simple as possible that says, gosh, would you like service, it's likely to cost this much, and it's likely to have this impact, period. And make sure we have that in a fairly balanced question. CHAIRWOMAN MAC'KIE: That was part of the problem in '96 is we weren't sure the question was asked clearly. And I assume that any district expansion comes with it the requirement that it be self-supporting, financially self-supporting? MR. FERNANDEZ: Correct. CHAIRWOMAN MAC'KIE: Okay. MR. FERNANDEZ: Madam Chairwoman, that will, I think, be part of the problem. Because we have -- we always have a problem when we extend services into the rural area. The tax base -- the tax base ratio to service costs is different in the rural areas and, therefore, the unit cost may be higher. That's an issue, I think, the district will have to grapple with. COMMISSIONER CONSTANTINE: In order to get it on next fall's tax bill, do we have to have all this accomplished before the end of the year? MR. FERNANDEZ: I believe the law says before January 1st. It's a special assessment. MR. WEIGEL: Well, the district's already in existence, and if we're not creating a district and don't have the statutory requirement of a notice of intent to assess; and this is ad valorem tax, so I don't think that we have a problem that way. Not the similar kind of time constraints that we run into with a pure assessment district. COMMISSIONER CONSTANTINE: Will you research that and confirm that to us in writing? MR. WEIGEL: I'll be happy to. I'll confirm it to you early now, but I can do it in writing. CHAIRWOMAN MAC'KIE: The only real policy issue, assuming that the environmental issues and the financial, being self-supportive issues, are taking care of themselves, is whether, you know, this is an expansion of urban services into the rural area that may well be appropriate in this portion of the rural area. But this is something that Mr. Fernandez has continually brought before us is urban services in the rural area, is that going to be the policy of the board. So, you know, that will be part of our decision-making process, I assume, when we get to that point. Page 17 October 12, 1999 COMMISSIONER CONSTANTINE: The balancing side of that is just health, safety and welfare, in particular with our annual encephalitis scare and everything else. And as many homes, literally thousands of homes, going in out there it may be a health, safety and welfare item. COMMISSIONER CARTER: Madam Chairman, it's a very interesting thing that's going on in this -- as a part of this discussion. I sat in on a meeting with Vince Cautero's group with the building codes and Development Advisory Committee. And staff had brought forward a recommendation that they do more ground cover when they clear a lot out there. And it was defeated by the builders and the groups because of the cost of that for improving a property. However, the reason behind that was -- is was really a health issue because the way we're currently doing it promotes the mosquito problem. So I think as we begin to look at all of this, we can't look at just one issue here, that we really need to educate and communicate with the community out there that if you don't do the other things, no matter how much you would spray or anything else, you're going to have mosquito infestation. CHAIRWOMAN MAC'KIE: Is that -- do you know if that, Commissioner Carter, issue is going to come before the board, even though the developers turned it down? I mean, it should. COMMISSIONER CARTER: I would have to ask Vince. I don't know where that will go from here. But, you know, it's kind of a dichotomy here what we're going through this morning. COMMISSIONER CONSTANTINE: It's just interesting how much issues all gel together. Because at the same time we had the conversation two weeks ago at our commission meeting about affordable housing, and -- CHAIRWOMAN MAC'KIE: Absolutely. COMMISSIONER CONSTANTINE: -- you know, we're going to provide more and do you add 4,000, $5,000 to the cost of a home by requiring these clearing issues? So it's kind of neat how all these things gel together. COMMISSIONER BERRY: And I think drainage enters into the same problem. I've gotten many calls regarding drainage issues because of our recent rains. And when staff has gone out and checked out the situation, they have found that they're -- in many cases, they are below the area in order to get it drained. In other words, they would have to add fill to their property in order to get it to work properly. And this presents -- again, this ties right into what Jim has said and it does present some problems. CHAIRWOMAN MAC'KIE: And just one other little -- because it does -- is the public policy concern that is the business of this board about whether or not it is our policy to issue building permits in areas that we know are going to flood, unless we require fill at levels that we think is sufficient to prevent the mosquito problem, prevent the flooding problems, and I'm not sure that our current regulations do that adequately in some areas. And you know, we get people calling us and complaining about that they live in a swamp and that, therefore, there's water and mosquitoes. And the problem there is we issue Page 18 October 12, 1999 building permits to live in that swamp. I wonder if that's appropriate sometimes. MR. CAUTERO: Vince Cautero, for the record. The Development Services Advisory Committee, as Commissioner Carter indicated to you a few moments ago, asked us to bring forward an ordinance amendment that would revert the language in the ordinance back to the way it was several months ago. That ordinance, for the record, is litter, weed, and exotic control. Irregardless of how that amendment comes forward to you, the staff is still going to have a recommendation that's contrary to the Development Services Advisory Committee, because we felt strongly about it. When that comes forward to you, I don't know. I would guess the next two to three months. And we'd be happy to talk with you more about the issues that you're bringing forward today. It's quite interesting to hear your discussion on this. CHAIRWOMAN MAC'KIE: I hope that you can bring us some opportunity to make policy decisions on these matters that we're discussing today. Thanks. Okay, so we've given sufficient direction, Mr. Fernandez. Sounds like the option number one survey is the way the board wants to go. Do you need a vote on that, or is that direction sufficient? MR. FERNANDEZ: It would help if you would vote, please. COMMISSIONER BERRY: I'd like to propose a motion that we proceed with a survey regarding expansion -- COMMISSIONER CONSTANTINE: Second. COMMISSIONER BERRY: -- of the mosquito control district. COMMISSIONER CONSTANTINE: I'll second that. CHAIRWOMAN MAC'KIE: All in favor, please say aye. COMMISSIONER NORRIS: Just as a clarification, that does include every single resident, right? COMMISSIONER BERRY: I think it should. COMMISSIONER NORRIS: Yes. COMMISSIONER BERRY: I think it should include everyone. In other words, we're not going to pick out 100 people or 50 people and survey. COMMISSIONER CONSTANTINE: Not a random survey. COMMISSIONER BERRY: No, no random sampling. If we are going to intent of the motion. COMMISSIONER NORRIS: Every property owner. COMMISSIONER BERRY: Every property owner should receive -- CHAIRWOMAN MAC'KIE: Get contacted. And that's within the dotted area -- COMMISSIONER BERRY: Yes. CHAIRWOMAN MAC'KIE: -- line. Okay. So that was all within the We can let that vote stand as unanimous. Item #TA 3~. ANNUAL NAPLES JAYCEES JULY 4?H. FESTIVAL - COUNTY TO CONTRIBUTE $25,000 AND JAYCEES TO HAVE CONTROL OF THIS EVENT Page 19 October 12, 1999 It's not quite 10:00, so why don't we go to our public petition, which is the Naples Jaycees, with regard to the 4th of July festival. Fireworks, please. MS. DOUGLAS: For the record, my name is Lisa Douglas, and this is Terry Tilley. But we're going to sidetrack for a moment. We've just sort of hot off the press got your appreciation plaques from the 1999 4th of July festival, and we'd like to take a moment to pass those out to you, and if you'd accept those on behalf of the board of directors for the Naples Junior Chamber of Commerce. CHAIRWOMAN MAC'KIE: Thank you. COMMISSIONER BERRY: Thank you very much. Are those less than $50? MS. DOUGLAS: Yes, they were. COMMISSIONER BERRY: They're less than $50? MS. DOUGLAS: I'm sure they were. COMMISSIONER BERRY: Be it known that we did receive these plaques. They are not edible and we can't drink them, and -- CHAIRWOMAN MAC'KIE: They will hang on the office wall. COMMISSIONER BERRY: -- and they will hang on the office wall. CHAIRWOMAN MAC'KIE: And they're very pretty. Thank you. COMMISSIONER BERRY: Yes, they are. Very nice. MS. DOUGLAS: The Naples Junior Chamber of Commerce comes before you today to propose that you, again, with your wishes, again say yes, we love this program for our 4th of July festival at Sugden Regional Park. I want to take a moment to talk a little bit about those people in TV land, as Commissioner Constantine said a moment ago, that don't know who the Naples Jaycees are or what Jaycees are. Jaycees are a community service and leadership training organization that have been around for a long time. It is a sponsored United State Junior Chamber of Commerce and a Florida Junior Chamber of Commerce which the Naples Junior Chamber actually are members of. The goal of our organization is to provide leadership and training skills to our members through community service, and having members take an active role in their community. We've been in the Naples community for over 35 years. Who are the past and present Jaycees in your community? Commissioners. Commissioner Carter is a past Jaycee. We sort of learned that in the last year. We have state senators and United States senators that are previous Jaycees. Late Governor Chiles was a Jaycee. Firefighters, sheriff's officers, directors of nonprofit organizations, business owners, county and state employees, bank executives, restaurant managers, school teachers, accountants, lawyers and mechanics. Our organization is a professional leadership organization, creating leaders today for tomorrow, possibly serving as commissioners. The history of the July 4th festival. In 1998, the Naples Junior Chamber of Commerce actually sponsored the first annual 4th of July festival at Sugden Park. It was the inaugural festival at Sugden Park Page 20 October 12, 1999 to open that park up to a lot of festivals that had been there since that time. Collier County Parks and Recreation were one of many sponsors in 1998. And in 1999, we continued that tradition and brought over 5,000 people, even in the rain -- we had some go, we had some come. And it poured down rain. The Board of County Commissioners and the Parks and Recreation were listed with over 48 different sponsors. We had 48 different businesses in Collier County come to the table and say we think this is a great idea and we want to help you support this community service project. Thousands of people have been exposed to the park because of the 4th of July festival. We actually think that is the big benefit here. Lots of money and time have gone into making Sugden Park a really phenomenal park for the community to enjoy. And this event certainly brings them there, as you can see in this picture. The year 2000, the Naples Jaycees wish to exclusively present the 3rd annual Naples Jaycees 4th of July festival to be held at Sugden Regional Park on July 4th, 2000. Celebrating the year 2000 is our theme, simply because the event is designed to bring unity. And what better possible day than on July 4th, Independence Day? We want to celebrate our nation's birthday and the freedom that it affords us all. We also are wishing to celebrate the year 2000 and what it's brought to us in that first seven months and what we can expect of it in that remainder of that time. We want to encourage people to make a difference in their community and by sponsoring this event and attending the event, they can do that. The plan is simple. As we learned this year, we opened the park at 4:00 to the festival and it rained cats and dogs. No pun intended on the animal control, but it really rained hard. We like to open the event at noon to actually give us a time frame to allow for the rain and not to lose money from the event. So the festival, we will continue the shuttle service from the parks -- I mean from the County Government Center to the park. The afternoon will be filled with fun-filled activities. A pie-eating contest was very profitable this year for the kids that ate the pie, and their tummies ached afterwards. Watermelon seed-spitting contest, and we'd like to introduce -- COMMISSIONER CONSTANTINE: John's favorite. MS. DOUGLAS: -- an old-fashioned sack race. We want to really bring a hometown family atmosphere to this event. Back by popular demand, a country band called Buckshot, which we had a lot of people say we love this band, we want them back next year. We've already entertained the contract idea to them. The activities. The children will be entertained by a covered bounce house. Last year we learned that if you don't cover the bounce house and it rains, you have to shut the bounce house down. This year we're going to actually cover the bounce houses, so when it does rain, they can still bounce in the houses and still have a great time even if it rains, because we know it will rain. Page 21 October 12, 1999 They will also be able to play games for free and get little donated prizes. Pony rides, tricycle races were a lot of fun last year. And of course, lots of delicious food. Last year we were contacted by Polaris of Naples in regard to an ESPN sponsored jet ski race on the lake. They wished to participate in the event and it was sort of too late to actually entertain that idea. So we will be discussing and considering that proposal again this year. The participants. We've contacted various other civic groups and organizations: The Lions Club, the optimists, some of the community based groups that are trying to do the same things we're trying to do and bring community service to the forefront of Collier County. We've also talked to local artists, environmental groups, trade associations, to make this truly a community wide celebration. Several contacts have been made and we're waiting for information regarding carnival rides at the actual park for children to enjoy for free or a nominal fee. Depends on how much money we raise if we can do it for free. If we can, that would be our goal. If not, we'd have to have a nominal fee for them to ride. Similar to the County Parks and Rec country festival they just did. The entertainment for the event. Clowns, jugglers, country acts, blues and jazz. Live entertainment will begin at noon and continue until 9:00 p.m. At dusk the Gulf Coast Skimmers will grace the water ski -- or water park at the -- for water-ski show. And I sort of paused there. The Gulf Coast Skimmers and/or, as the papers say this morning, the other organization too, either group or both are welcome on the lake for our celebration. The fireworks. B-103.9 this last year was on hand to do a live patriotic music display. They did a phenomenal job. They have already committed to doing a simulcast over the radio again this year. We're real excited about that. CHAIRWOMAN MAC'KIE: That's great. MS. DOUGLAS: Currently we plan to have a $20,000 fireworks extravaganza. I spoke with Tom Olliff right before this. I'm going to go through the presentation and sort of modify it at the end, if you don't mind. CHAIRWOMAN MAC'KIE: That's okay. MS. DOUGLAS: The goals of the event are simple. We want to host a festival and have 10,000 people attend the event. Yes, we shoot high. We had 5,000 maybe in the last two years, and if we can get seven, we think that's successful. We want to secure $30,000 in kind services from local radio and television stations. That's already been secured. We have B-103 and Fox 4 TV's both are working with us on this event. We want to raise money for Roadheavers Boys Ranch; in August, back-to-school shopping spree for underprivileged children. A fingerprinting project that was held in Coastland Center this year was so successful that the parents just sort of knocked us over. We went through every supply that we had. And the Collier County Humane Society. Page 22 October 12, 1999 Other goals to raise a total of $50,000 for overhead costs of the festival, and we've had lots of businesses already come to us and say we want to be part of this great celebration. We want to partner with the radio station to provide that simulcast. And as I said a moment ago, that's already been done. We want to raise $20,000 for the fireworks display. And certainly, but not last -- I mean certainly but not least, to promote the Naples Junior Chamber to obtain new members into our organization. The previous cost for the county in 1998, the Tourist Development Council had provided $25,000 for the fireworks. In 1999, $25,000 for the fireworks, $800 for the park rental fee, $2,400 of a $4,800 Sheriff bill was donated. $5,000 for an orchestra, and approximately $1,500 in county staff salaries and planning weekly meetings. I'm not sure on that number. We're estimating that number. So a total of $34,500 plus was this past year's budget from the county. The Naples Jaycees costs in 1998 were $40,000, and in 1999 were $65,976.80. In the year 2000 the county costs, we're asking for your approval in this proposal that the park rental fee be waived of $800, a sign permit fee of $75, the special event fee of $75, the Sheriff's Officers fees of $4,800, the carnival ride permit fee of $1,500 for a total in kind donation or waive of $5,800. We also would like the County Commissioners to be a gold sponsor for the event, which is a $5,000 donation. A total of $10,800 would be what you all would approve in this proposal. How does that compare actually to the Naples Junior Chamber costs? We're proposing a $68,000 budget this year. And how does it compare for your costs in previous years? In 2000, your costs would be $10,800. And in 1999, your costs were in excess of $34,500, saving the county $13,700. With your support, we want to save the taxpayers of Collier County that $13,750. We also want to support the community by sending money to Roadheavers Boys Ranch, having an August back-to-school shopping spree for underprivileged children in this community, an August children finger painting and ID project, and donating money to the Collier County Humane Society. We want to also say thank you. Part of this festival was always intended to say thank you to the community for supporting all the events we do all year, because without the community's support of the Naples Jaycees projects, we wouldn't be able to do the community service and affect so many lives in Collier County. The winners are clear. The Board of County Commissioners win because you all are representative of the community. So the community people that are getting benefits from us certainly are looking upon you of saying thank you for helping support these programs. Also, the taxpayers of Collier County as well. Collier County Parks and Recreation win as well. And that is that the majority of the people that come to the festival may never have seen Sugden Park. I know that when we first planned the park over there -- or first planned the festival over there, it's less than two Page 23 October 12, 1999 miles from my house, but I had never been there. Now I take my kids there frequently, and every time we drive by, "Mommy, go to the park." So this is an opportunity for them actually to encourage participation in the park. And it is a phenomenal park, and that's an opportunity. Another winner certainly are members and their organization. What I talked about early in the presentation is the fact that our members plan this. And part of the package that I gave you is called the Chairman's Planning Guide. It's a committee that when it's done, it sort of looks like this. It's a little messy, but it has every planning thing that we have from the event. They -- basically the chairman plans the event from front to end, learns leadership skills, financial skills, management skills, public relation skills. They learn so much. So the Naples Junior Chamber members learn from this event, creating better leaders in both their jobs. Some of them are county employees. So actually, you're getting better county employees from the Jaycees that are participating. CHAIRWOMAN MAC'KIE: You're in sales, aren't you? MS. DOUGLAS: No. CHAIRWOMAN MAC'KIE: No, you're just doing a great job. MS. DOUGLAS: And certainly, and not least, that the children that are affected by this particular project and the money that we raise from this project are the big winners here. I wanted to revert because I heard Commissioner Constantine say what's Roadheavers Boys Ranch? I sort of picked that up rather quickly. I want to divert to the fact that Roadheavers Boys Ranch is a boys' facility in Palatka, Florida. We currently -- they take no state funding, they take no county funding. It is 100 percent funded by the Florida Junior Chamber of Commerce. All of the individual chapters around Florida give to this particular ranch. We had the boys down here on July 4th, and they were selling sodas and having fun on the ATV's. They go there not because they are derelict or problem children, but their family setting is not one in which they can thrive. They have a parent that can't provide for them and the parent wants to give rights up to provide a better life for that child. So the child can go there at six years old and live there until they're 15 or 16. So that's what Roadheavers Boys Ranch is. We appreciate your time and certainly your consideration of this particular festival. The modification came when Tom Olliff and I were speaking before of allocating, the county Parks and Rec Department has already allocated $25,000 to fireworks. If it is your intention to continue that $25,000, we will continue with this proposal and try to really outdo the Marco Island and Naples shows by a $45,000 fireworks show there, with the intention of having the Naples Jaycees have that simulcast with the radio as well. CHAIRWOMAN MAC'KIE: What about the alternative? What if what the county did was provide the fireworks budget? Your budget for fireworks was $25,000. How about if that's what the county's participation is, and you guys take and run with the rest of it? That would be a thought. Page 24 October 12, 1999 COMMISSIONER CONSTANTINE: That might free up some of the entertainment and things for the family day during the day. MS. DOUGLAS: Right. CHAIRWOMAN MAC'KIE: I'm not suggesting that you double your fireworks budget. I'm saying you'd substitute the county budget for -- COMMISSIONER CONSTANTINE: Although, it would be a heck of a show. CHAIRWOMAN MAC'KIE: You go, girl, if you can do it. But that the county provide the fireworks and you guys take the show and run it. MS. DOUGLAS: One of the -- and certainly coming before you, one of the things that we wanted to try to do, too, is we wanted to try to make sure, we had so many businesses last year tell us if you could just get your package to us in November, we could do this, we could give you $5,000. And we had probably five businesses or 10 businesses do that. We wanted partially not to actually have you all foot the bill for everything. We wanted to have you all be a partner in that. I'm not going to certainly stand up here and tell you no, I don't want your money. Certainly that would be an option and we would be glad to accept that option, you know, in raising those fundings. Absolutely. CHAIRWOMAN MAC'KIE: Well, your funding request was about $15,0007 MS. DOUGLAS: 10,800. CHAIRWOMAN MAC'KIE: I mean, we could certainly -- the 25,000 is budgeted. If we wanted to make the $10,800 donation as opposed to a $25,000 donation, and you know that you have some backup if you have to use it, maybe that's the way to go. COMMISSIONER CONSTANTINE: Could I suggest that -- I know there are a couple of issues with who is doing what, just because it was in a compressed time frame. And that maybe in the next couple of months, particularly if you're shooting to have some of your packet prepared in November, we could, between Parks and Rec and our county attorney, just lay out what the agreement's going to be, so the Jaycees are very clear. MS. DOUGLAS: We do have -- right now we do have a packet that already has been out in the community trying to solicit funding. It does have a firework budget in there. If the intention of Tom is to say that they want to take that firework kind of money out, we can remove that from our particular budget. And if you look at the package that you have, in the sponsor package the very first item there, the last thing is the budget. We could remove the line item that says fireworks and solely have that funded by the Collier County government again. That's not a problem for us. COMMISSIONER CONSTANTINE: I was just going to suggest as the last part of that, what we might want to do is have Mr. Fernandez and Mr. Olliff and yourself sit down and kick around what the various options are with that. Because if there's already that amount of money set aside, that may open up some other opportunity for family events that day or entertainment that day. And rather than try to make a snap decision on whether it would go toward fireworks or whatever, just Page 25 October 12, 1999 maybe in the next two or three weeks sit down and get that part ironed out. MS. DOUGLAS: The only thing -- and as I told Tom, the only thing that we wanted to make sure that continued to happen is that we have one sort of chief. And because we had some kind of conflict with last year the fireworks and the radio sponsors were done differently and the two weren't communicating. So we didn't have a real simulcast fireworks show, it was sort of partially simulcast. We want to make sure that doesn't happen again, to make sure it is the best that Collier County sees. CHAIRWOMAN MAC'KIE: Well, I'd support the Jaycees having control of the event and the county's participation being the funding participation, whether it be for fireworks or whatever you guys decide, up to a budget of $25,000. COMMISSIONER CONSTANTINE: And the I assume waiving of the fees and so on for the park. CHAIRWOMAN MAC'KIE: Included in that, yes. COMMISSIONER CARTER: I know when I was a past president of the Waukegan Jaycees, we were in a similar event that Lisa is presenting to us this morning. And we did have control of the event, and the city, you know, participated just as we're suggesting here. And it worked beautifully. And I can't say enough for the Jayceeso They are a fantastic organization. MS. DOUGLAS: Thank you. We appreciate your support. CHAIRWOMAN MAC'KIE: It sounds like -- what we do in public petitions is give direction to staff. It sounds like we've done that. If there's consensus or any other comments from the board members on what we've discussed? If not, thank you for your presentation -- MS. DOUGLAS: Thank you. CHAIRWOMAN MAC'KIE: -- and we look forward to a great event. COMMISSIONER CONSTANTINE: You want to get a plug in for the haunted house? MS. DOUGLAS: Actually, yes. The haunted house is located right around the corner. You saw -- one of our other biggest events for this year is the Jaycees haunted house. And because it rained, we really need you to come here, because that will help to offset some loans that we took out to actually pay for it. The haunted house is going to be in the Johnson-Pittman Funeral Home, right next to Pizza Hut. COMMISSIONER CARTER: That's a good place. MS. DOUGLAS: It is complete in its entirety. We have a couple of minor kinds of things to do. It will be open on the 21st of October from 6:00 -- I mean from 7:00 until 9:00 weekdays, and 7:00 to 11:00 on weekends. So we appreciate your time. Thank you. CHAIRWOMAN MAC'KIE: And what's the fee? MS. DOUGLAS: The fee is $5. Children under three for free. And we're going to do a special matinee on Halloween for those less -- you know, easy to scare. We'll do a sort of daytime matinee. Page 26 October 12, 1999 CHAIRWOMAN MAC'KIE: I'll go to that one. MS. DOUGLAS: It's really scary. COMMISSIONER CARTER: Yeah, particularly in a funeral home. MS. DOUGLAS: We went in last night. I'm digressing, but we went in last night just to pick up a few things, and I couldn't find the light switch, and there was no one in the place. There was just my husband and I. And we were in the back of it, and he jumped out. And I think I -- I don't need to continue. But it's very scary. CHAIRWOMAN MAC'KIE: Okay. Well, thank you for your presentation and for your work in the community. We have a time certain item at 10:00, which is a presentation by the CBIA relating to community transportation issues. I saw those guys in the room. Where did they go? COMMISSIONER CONSTANTINE: They're out of here. CHAIRWOMAN MAC'KIE: Okay. MR. FERNANDEZ: Let me go get them. CHAIRWOMAN MAC'KIE: Thanks. COMMISSIONER NORRIS: We'll just -- they lost their chance. Item #8A1 FIRST AMENDMENT TO THE 2000 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE TOURISM ALLIANCE OF COLLIER COUNTY REGARDING ADVERTISING AND PROMOTION - APPROVED CHAIRWOMAN MAC'KIE: We could -- let's see. We could go right ahead to 8(A) (1), which is the First Amendment to the 2000 tourism agreement. I could just tell you, because at the TDC this was something that was broadly supported. It has basically to do with continuing the film office. And there was a general unquestioned support for the idea on the TDC board. Greg, something to add? MR. MIHALIC: No, Commissioner. COMMISSIONER NORRIS: Motion to approve. CHAIRWOMAN MAC'KIE: Is there a second to that motion? COMMISSIONER CARTER: Second. CHAIRWOMAN MAC'KIE: Discussion? We have a couple of registered speakers. Who are they? MR. FERNANDEZ: Dawn Jantsch and Tammie Matthews. CHAIRWOMAN MAC'KIE: You guys need to talk to us? MR. FERNANDEZ: I don't think they want to talk you out of it. COMMISSIONER BERRY: Do they want to talk us out of it? CHAIRWOMAN MAC'KIE: They're waiving. All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. Page 27 OCT 1 2 f999 FIRST AMENDMENT TO 1999 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE TOURISM ALLIANCE OF COLLIER COUNTY REGARDING ADVERTISING AND PROMOTION THIS FIRST AMENDMENT TO AGREEMENT, is made and entered into this I~. day of ~~..I~._, 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, hereinafter collectively referred to as "GRANTEE" and Collier County, referred to as "COUNTY." a political subdivision of thc State of Florida, hcreinaRer RECITALS WHEREAS, the COUNTY and the GRANTEE entered into a 1999 Tourism Agreement dated June 122, 1999 (the "Agreement") in the amount of One Million, Three Hundred Fifty Thousand No/100 Dollars ($1,350,000.00); and WHEREAS, GRANTEE and County desire that Grantee's budget be amended to include funding for a film office. WITNESSETH: NOY~', THEREFORE, BASED ON THE MUTUAL COVENANTS HEREIN AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1~ Section 2 to the Agreement shall be deleted in its entirety and replaced with the follo~,ing language: P._z~l~,h~: The amount to be paid under this Agreement shall be One Million, Four Hundred Eighteen Thousand No/100 Dollars ($1,418,000.00). The GRANTEE sh311 be paid in accordance with fiscal procedures of the County for expenditures incurred for the promotion and advertising expenses as described in Section I upon submittal of an invoice and upon verification that the services described in the invoice are completed or that goods have been received. OCT 2 '1999 GRANTEE shall determine that the goods and services have been properly provided, and shall submit invoices to the County Administrator or his designee. The County Administrator or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure described in the invoices provided that such expenditure is made in accordance with this Agreement. Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of goods or performance of the services invoiced. GRANTEE shall certify in writing that all subcontractors and vendors have been paid for work and materials from previous payments received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with the law. GRANTEE shall be paid for its actual cost not to exceed the total amount for various line items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A". The amounts applicable to the various line items of Exhibit "A", subject to the maximum total amount, may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE. Adjustment in excess of ten percent (10%) of any line item must be authorized by the County Administrator or his designee. 2. Exhibit "A" to the Agreement shall be deleted in its entirety and replaced with Exhibit "A" attached to this First Amendment to Agreement. 3. Except as set forth herein, all of the terms and provisions of the Agreement shall remain in full force and effect. 2 OCT ! 2 1999 IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. DATED,:, 'DWIGHT E.BROCK, Clerk : :'' i' ',,,: "~,'-'" ~ '~. ". ,2::: · ~.e., ::' :.-':':.'.'::.~t~ re. st..[S/tO ~TNESSES: BOARD OF COUNTY COMM~hlO~RS //- ~LX~c'm, Ch~imom~ G~EE ( TOU~SM ~L~ OF COLLIER CO~ Prin ted/T{~~-----'-~ (2) ~ Printcd/Typcd Name By: Visit Naples, Inc. Printcd/Typcd Printed/Typed Title (corporate seal) WITNESSES: Pdnled~ Na~ By: Marc~d Chain?er of Co.mmerce, Inc. Printed/Typed Name Printed/Typed Title OCT 1 2 ~999 Approved as to form and legal sufficiency Heidi F. Ashton Assistant County Attorney . h:/hg/hfaJ99TDC/1999 1a Amend The Tourism Alliance of CC 4 EXHIBIT "A" TOURISM ALLLIANCE OF COLLIER COUNTY BUDGET Advertising Public Relations Travel Industry Liaison Fulfillment Administration Film Office $ 820,000 $ 240,000 $ 35,000 $ 180,000 $ 75,000 $ 68,000 TOTAL $1,418,000 h:hg/hfa/99TDC/Ex. A Budget-99 Touri~mAIliance of CC October 12, 1999 Item #10E PRESENTATION BY CBIA RELATING TO COMMUNITY TRANSPORTATION - NO ACTION And now we'll go to our time certain 10:00 CBIA presentation on transportation and community issues. Commissioner Berry, you want to get us started? COMMISSIONER BERRY: I certainly would. Before I introduce some of the people who have been working on this item, I would like to make some comments and more or less state how this came about and why we're doing this this morning. As I've traveled around Collier County, I've had conversation with a number of residents, and one of their main concerns in all topics of conversation has been transportation issues. And whether it's in Immokalee and the fact of trying to get from Immokalee to the coastal area, or if it's Orangetree trying to get to the coastal area, or out in Golden Gate Estates traveling within the Estates area or, frankly, talking with people in the greater Naples area itself, one of the prime concerns that they have has to do with transportation issues and their frustrations. Though this discussion that we're going to open up this morning, this is not meant to take any kind of criticism toward our staff or the administration. This is merely to bring the transportation issues to the forefront of discussion with the Board of County Commissioners. And this is exactly the arena which I believe is a proper way to do this. CHAIRWOMAN MAC'KIE: Of course. COMMISSIONER BERRY: I would also like to thank Mr. Rick Nelson, who is with CBIA, and also Dave Ellis, who happened to be having conversation with me one day in my office, this issue came up. And I have to thank them, plus the EDC and other homeowners' groups and civic associations that worked with them in this regard. I think this is incredibly important. It is a community initiative. It is not one from what we'd like to characterize the development community but this is something that's a concern to all residents of Collier County. We keep talking about growth, and I don't think there's anyone in here who says we should not plan for growth. But to paraphrase the old statement of Pogo, it says in his statement of we've met the enemy and he is, us. Well, we've met growth and he is us. And we keep talking about planning for the future and our roadways and doing those kinds of things. I think it's incredibly important that we address the issues for those of us who are living here on a full-time basis trying to get to and from our daily work, or whatever that may be. If you're fortunate enough that you get to go play golf every day, good for you. You need a road to get there. I would like to recognize some of the people who have been interested in this particular issue, and I know many of them have traveled in this morning. So if you would just stand and be recognized Page 28 October 12, 1999 for your concern in regard to this, I would appreciate that, to let the commissioners know of your concerns. Thank you. CHAIRWOMAN MAC'KIE: Thank you. COMMISSIONER BERRY: At this time, I'd like to introduce Jeff Perry. And Jeff will make the appropriate comments. CHAIRWOMAN MAC'KIE: Thank you, Commissioner Berry. MR. PERRY: Thank you, Madam Chairwoman, Commissioners. Good morning. My name is Jeff Perry, and I'm a professional transportation planner with the firm of Wilson-Miller. This morning I have the pleasure of speaking to you on behalf of the Collier Building Industry Association Transportation Task Force. I'll try to be brief. And as I have a tendency to speak too fast, I have some copies of the -- my prepared remarks for your court reporter. CHAIRWOMAN MAC'KIE: That's what I need to do. MR. PERRY: Early in 1999, the CBIA Transportation Task Force was formed to try to identify the relevant transportation issues that face our industry. During the course of our research, we had meaningful dialogue with your staff and with business and civic leaders and found that our issues were the same issues of concern to you and your staff. We have identified three major challenges: Capital funding, capital project production, and project reporting and accountability. As you are aware, our road program is facing a funding crisis. A problem which will be made worse by the sunsetting of the nickel gas tax on December 31, 2003. The board has discussed the potential of taking a sales tax to the voters as a substitute for reimposing the gas tax. CBIA leadership strongly supports the examination and debate about funding alternatives, and we anxiously await the information that we need in order to offer our opinions and recommendations on the options. The CBIA supports a well-balanced funding program, one that equitably accounts for new growth impacts as well as accommodates the ever increasing maintenance responsibility that is assumed by the county every time an improvement is made. The second issue, production, or actually getting a roadway improvement through the pipeline clearly is the critical issue to most drivers. Drivers are acutely aware of what we know as LOS, or levels of service, whether they know it or not. They ask questions like why are the roads so crowded, why does the government wait so long before making a roadway improvement, why does it take so long to construct a new roadway improvement. The issue of production is also the most problematic. In Collier County, moving a roadway widening project through the pipeline often involves the resources of four or five different departments in four different divisions. And each department has its own priorities, which are frequently different from those of the other departments. The highest level of cooperation between these departments is required to facilitate the timely completion of projects. Decision-making must be coordinated and effective. Your senior management staff has made every effort to try to streamline the processes that serve to slow down project Page 29 October 12, 1999 implementation, and they should be commended for doing so many right things while trying to carry out good public policy. But there are unfortunately competing interests and priorities, and therein lies the quicksand that drags our projects down. CBIA leadership would like to offer a couple of suggestions for the board and the county administrator to consider. First is to re-engineer the processes that throttle the project production to effectuate a clear line of command and control, in order to place the administrative responsibilities for moving projects through the production pipeline under a single decision-making unit. The second suggestion would be to form a capital projects oversight committee, which would be an ad hoc committee made up of industry representatives with expertise in transportation, construction, finance, real estate appraisal, that would be appointed by and report to the county administrator. The committee's function would be to monitor the capital projects pipeline to serve the administrator as a resource for helping county departments manage their workloads. The last issue I want to touch on today is that of project reporting and accountability. Since starting our research into this issue, we believe the public works division has made significant improvements in the area of project reporting and thus accountability. What used to be a time-consuming labor-intensive effort to report project status in a manner that was understandable by only a few has been transformed into a friendly, educational and accessible information tool for anyone with an interest in the status of projects. Without getting bogged down in details, the current reporting system accessible from the public works Web page provides timely up-to-date information in an easily understood manner. CBIA applauds the efforts of the division staff in this endeavor. We believe that by providing timely and accurate information about project status leads to accountability, and with one you will achieve the other. In closing, the CBIA leadership believes that, number one, solving our roadway funding crisis with long-term solutions clearly is and should be our number one priority. Delivering the improvements when needed, while running a close second in priority, is the crucial link to actually solving our transportation problems. And lastly, timely reporting of project status is the key to keeping the users of the transportation system informed. That concludes my remarks, and I'd like to thank you very much for giving us the opportunity to be here today. If you have any questions, I'd be glad to try and answer them. CHAIRWOMAN MAC'KIE: I have a couple. First of all, thank you so much for being here. I wish that I had coordinated with you in my frustration with the Immokalee Road project that I tried to bring to the board a couple of weeks ago at our last meeting. Because what you've identified are the problems or perhaps solutions to some of the problems that I've encountered in trying to get the Immokalee Road widening project done correctly to the best possible design and efficiently. Page 30 October 12, 1999 And the biggest roadblock that I have run into as I've researched this issue, talking to other counties, other county commissioners, other county administrators about why is this so broken in Collier County, why is it so hard to get the road built when the need is so clear and when the design is so poor, why is it so hard to get that change? And what I've heard from several different counties is that our organizational structure is wrong. Because of what you said. We have four departments within different divisions that all cross-carry each other, and nobody's in charge. And they even have different objectives sometimes, because the maintenance people don't have the same objectives as the design people, as the capital projects people. Other counties do this right. We don't have to reinvent the wheel to get this right. But I strongly support that recommendation. And just want to say that, that I think it would have provided a solution to what I continue to think is a bad design problem on Immokalee Road. Also, using Immokalee Road expansion as the example on the public committee, another great idea, because one of the things that we did wrong there is -- and apparently Commissioner Berry has quite an extensive experience with meeting with homeowners whose individual properties front on roads to be widened. But apparently it's not the county's policy to meet with developers or owners of large tracts of land whose properties front on road widening projects. Because had we done that in the Immokalee Road widening project, we would have heard from developers that they would be happy to take over maintenance obligations, and that would be free to the county. Not only would it be done better, but it would be free. They would be happy to give sidewalk easements that wouldn't have to be at the back of curb. So I am extremely frustrated with how broken this system is in this county, having spent over a year trying to get one road project that I understood to work well and to be designed in the best interest of the community. I think that your comments are excellent, and that it's a shame they have to come from the private sector, but that I appreciate they're coming forward. Other comments? COMMISSIONER CARTER: I noted with interest, Mr. Perry, that you said -- when you said four to five departments with their own set of priorities, and this is the classical throw it over the wall, not staying focused and having a single decision-making process and accountability to move projects through a system. And I don't know what we need to do to fix that, but I agree, we need to streamline that. And I think you've also commented that our own staff should begin to make improvement of these areas, so we don't want to lose sight that we are working towards a solution to this process. Ultimately what it says to me, no matter how we streamline it, no matter what we do, you've got to pay for it. So we have got to find a way to pay for what we're going to do. Whether it's impact fees, taxation, whatever it is, it ultimately comes down to that. So I hope Page 31 October 12, 1999 that, from my perspective as a commissioner is that I want to continue to work on the organizational process, but also, we've got to bring front and center how we're going to pay for what we're going to do. CHAIRWOMAN MAC'KIE: Commissioner Berry? COMMISSIONER BERRY: This is one reason that I think that this particular item was critical at this point in time and to start the dialogue of talking. And I believe the direction, that's what -- this is my interpretation -- as part of the job of Board of County Commissioners is to give direction as a body to our staff and communicate to them what our wishes are. I'm not going to sit up here and -- I mean, we've had the discussion, Pam, obviously about Immokalee Road. And there's certainly enough frustration on that particular project to go around. My frustration, I'm not a road builder, so design-wise, I -- you know, I know what I'd like to see, but that's not my bailiwick. My bailiwick is the transportation issue, per se. It's the getting the road to go from Point A to Point B. How that is done, I am not a professional in that area. I don't have that expertise. But I do believe that from the Board of County Commissioners, we can come forth and stress to our administration that this is a priority for people in Collier County. Whether it's Immokalee Road, whether it's expediting Livingston Road, whether it's moving along Golden Gate Boulevard, which has been lurking out there, or whatever roadway we're talking about. Yes, Immokalee Road certainly is an important roadway, and we've got folks back here that, well, they're here as a testimony of how important this roadway is. They live out in that area. And they also know that Collier County government is pumping a lot of money into that area, as well as other state and federal agencies. If that community is to be what everyone is hoping it will be, they have got to have a decent roadway to access that particular community. And -- but it's not for what's to come in Immokalee, it's what the traffic is between here and Immokalee as we speak. And this morning, I can attest to the fact, on that particular roadway, as I tried to exit my neighborhood, the traffic was backed up as far as I could see to the east. And it was out of the goodness of someone's heart -- and I wanted to make a right-hand turn. And it was only out of the goodness of some great soul that had a van, and that's a little bit bigger object than most passenger cars, and they literally stopped traffic so we could exit out of our community. At the same time, there is a stack lane on that roadway to enter into our community. There's not enough room. I mean, the cars were backed up to the light on Oakes Boulevard trying to get into our particular community. At the same time, at the traffic light at Oakes Boulevard they were backed up all the way to 1-75. This isn't something that's going to change, but it's -- you know, again, as I said, the growth is us. It's not for those that are going to come in five years or those that are going to come in 10 years. But I think it's up to this Board of County Commissioners to make this a Page 32 October 12, 1999 priority and say to our staff -- and we've heard so many times that it's five years from the day we say yes to a road project until we see the asphalt or the concrete hit the ground. That's not acceptable. And we're the only ones that can do something about this particular issue. We can sit here and we can tell staff well, you need to go study this and study this. No, we need to say this is what we're committed to, and give that important direction. If it's a financing issue, then we need to know that and we need to get those who are involved in the financing to sit down and say here's what our problem is, or if there isn't a problem, here's how we can do this and do it faster. If there are state grants, and I understand there are some grants now available. If we have access to them, then we need to make this a priority and say to staff, please, go after them. Do whatever is it is because this is critical to Collier County. CHAIRWOMAN MAC'KIE: Mr. Fernandez? MR. FERNANDEZ: Madam Chairwoman, I'd like to express my appreciation to the CBIA for the time and effort that they've put into this presentation. They've obviously given this an awful lot of thought. And I also want to express my appreciation for their acknowledgement of the improvements that we have made to date in the process. Yes, this organization is unique from any organization that I have worked with in how the different elements of this process are delineated. CHAIRWOMAN MAC'KIE: Why haven't you changed that by now? MR. FERNANDEZ: I haven't identified the right-of-way acquisition, for example, element being separate from public works as the problem. When Mr. Ilschner and I have talked about that, there are factors associated with the right-of-way acquisition that is so lengthy, that we have no control over. The court process and how that acquisition goes -- and that very often is an important determinate in how long these projects take. There's also the dynamics of growth, the fact that the board gives policy direction based upon a number of assumptions, usually involving trying to be very frugal with the expense of the project, the delineations of right-of-way. And by the time the time comes for the project to be implemented, the needs of that area have changed dramatically, and there's a requirement for a complete redesigning of the project. CHAIRWOMAN MAC'KIE: Immokalee Road is a perfect example. MR. FERNANDEZ: Immokalee Road is a very good example of that. There are some things that we can do to address that. The committee that is proposed to give us some insight and to help us with that process, I think, is going to be very helpful. So I look forward to the recommendations that we've heard today and working together with this committee to improve the process that we're using so that it can be more modern and respond to what I understand to be a revised policy direction from the Board of County Commissioners away from the direction that we have traditionally been following. Page 33 October 12, 1999 COMMISSIONER CARTER: Well, then my frustration would be we need to fast-track this, speed it up, streamline it, do whatever we need to do. So if you're telling us that we have been holding this process back by piecemealing, by not doing what we need to do, I want to be told this is exactly what we have to do here, and then be -- put the accountability factors into place. I don't want to be sitting here a year from now having this same conversation. I want to see it happen in a timetable, an accountability in here that moves this process so that if we have to make a decision on funding, in anything that's controllable on our end, I want to see us as a Board of County Commissioners do that. And I guess my frustration is I don't know if we're getting that input that says this is what you need to do as a board. MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes. MR. FERNANDEZ: I'm finding in the discussions I've had with staff that there's a very fine line between our obligation to continue to follow board policy and our obligation to bring to you new facts that may require you to revise that policy and give us new direction. We find that those discussions can go one way or the other, depending upon the issue. We need to be more aggressive in bringing to you policy questions that we feel may be standing in the way of us expediting projects. COMMISSIONER CONSTANTINE: I'm glad to hear you say that. Because Commissioner Berry's first point is, our intent here isn't to beat up staff or to do any of that. But equally important, Commissioner Berry said it's not our role by state statute -- not because we don't want to advocate it but by state statutes it's not our role to oversee each individual project and to oversee your staff and do those things. We set policy and you are to follow that. I'm curious, were you unaware that there was any problem in the area of road planning, road building, transportation planning? MR. FERNANDEZ: Yes, I was aware that projects aren't going as quickly as the board would like to see them go. COMMISSIONER CONSTANTINE: Because what you said a moment ago is well, I guess we have to be more aggressive. And I guess you do. That's your job. If it's not going correct, come back, and if you take some hits -- and we had this discussion a month ago where we have to be more sensitive and not beat staff up. But at the same time, if you take some hints on a Tuesday, that's part of the job. And if you see things aren't working, I've got to agree with Commissioner Mac'Kie, I appreciate the work -- CHAIRWOMAN MAC'KIE: It happened. COMMISSIONER CONSTANTINE: Mark it down. I appreciate the work -- COMMISSIONER CARTER: I'm going to write that down here in my folder. COMMISSIONER CONSTANTINE: I appreciate the work of CBIA and all the citizens folks have done, but this is stuff that should come from our staff. It shouldn't have to come from the private sector. If our system isn't working appropriately, you, as county administrator, Page 34 October 12, 1999 should, A, notice that, and you're saying you have, but, B, work out some specific proposals how we can correct that, have some different options and bring those to this board. And we're lucky to have people like Jeff Perry and all the others here participate, but it's a shame it has to go that far before it comes to the Board of Commissioners. CHAIRWOMAN MAC'KIE: I agree. Commissioner Norris? COMMISSIONER NORRIS: Well, I know it's not our intention to disparage staff at this point, but it seems to me this is really an example of what my concern has been for some time is that if it's the policy of the board to build a road, for example, and we've been talking Immokalee Road today, but there's plenty of others. COMMISSIONER BERRY: There's others. COMMISSIONER NORRIS: But, you know, for that example, if it's our policy to go ahead and fast-track that, which I recall that we did say to do whatever we can do. COMMISSIONER CONSTANTINE: Commissioner Berry suggested that? COMMISSIONER NORRIS: I really can't buy the argument -- buy into the argument that some of the slowness in getting these projects done is because there are several different departments or divisions involved. That's -- that goes right along with the concern I expressed before is that that's your job, as county administrator, to say this is a priority, I don't want to listen to, you know, the excuses why it's not getting done. Let's go out and get the thing done. And that's been my concern all along, that that sort of thing is not happening. Now, as to funding, which is the other half of this whole puzzle, as Mr. Perry so eloquently advised us. I'd like to see the CBIA and all the other groups that are involved here today to try to help us gain public support for the sales tax issue for funding of these roads. Because as I have looked at it preliminarily, I don't think there's enough funding available from raising impact fees and any other measure that we can take to really dig us out of the hole that's coming. I don't think we're in a bad position right now. We have bad traffic for a few months out of the year. But each year it's going to get worse and worse and worse. And if we don't start getting ahead of the curve, we're going to get behind it obviously, and we don't want to do that. So I would like to see us as a board try to move forward with gaining public support for a sales tax referendum and to dedicate the entire amount to transportation enhancements. I'd like to see us move with that as soon as possible. And certainly the people that are here today can help us move with that, because I think that's the answer to our funding. And people need to understand that generally most people, when they are complaining about growth in our community aren't complaining about the transportation network. CHAIRWOMAN MAC'KIE: That's right. COMMISSIONER NORRIS: Somebody in Pelican Bay doesn't care how many people there are in Marco Island. I mean, it's not the number of Page 35 October 12, 1999 people, per se, in most cases. In most cases, far and away the majority of the people are really talking about the road network. Some of them might be talking about getting restaurant reservations. CHAIRWOMAN MAC'KIE: Golf time. Tee times. COMMISSIONER NORRIS: Yeah, or tee time. But almost all of them predominantly, easily enough, are talking about the road network. The way to cure that road network is to pass that sales tax referendum, dedicate all that money to it, and put all that money into it as soon as possible. COMMISSIONER CARTER: Commissioner Norris, you are really hitting the nail on the head this morning, because I have probably made 15 or 20 presentations out here in the community about this whole issue. And it keeps coming back is that they challenge us on whether in 1991 or '92 that we sufficiently raised the impact fees. But there is at least a support for doing a combination of revenues, whether it's impact fees and taxation, sales taxation, and get to this issue of transportation and stormwater management. And I think those have to be real key priorities for us here. And I believe the community, if we can show them that on a timetable this is what we're going to do with all of this, that we have a good opportunity to get that on a referendum and get it passed. But we need the CBIA and we need the chamber and we need -- CHAIRWOMAN MAC'KIE: We need three parts to this, is the way I see it. Is we have to -- first of all, we've got to -- and I understand Mr. Fernandez has this cooking already, a report to us on impact fees and what they should be and how high can they be and are they adequate. COMMISSIONER CONSTANTINE: When will we see that? MR. FERNANDEZ: We have preliminary numbers now that I can begin briefings with commissioners. We don't have a formal report yet from the consultant, but I can talk to you now about some numbers. CHAIRWOMAN MAC'KIE: We'll want to get that in the next couple of weeks or a month. Because the way I see the -- any chance of a sales tax passing, it's got to involve a couple of steps. One is we've got to evaluate impact fees and maximize them. The second thing is, we've got to say, as you said Commissioner Norris, that the sales tax, if the public will vote for it, will be spent on road improvements. To me that includes the storm sewers. So flooding -- COMMISSIONER NORRIS: Also associated with roadway, sure. CHAIRWOMAN MAC'KIE: So roads and flooding. And that that's what that penny, if they would support it, would pay for. At the same time, I think we've talked about -- I don't think this has a tremendous opportunity for success in the legislature. But that a part of our legislative agenda with the delegation ought to be to request an amendment to the TDC ordinance. COMMISSIONER BERRY: Coalition of -- CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: That's already going in from the Florida From FAC. -- Coastal Communities. Oh, good. No, this is separate from FAC. Page 36 October 12, 1999 CHAIRWOMAN MAC'KIE: Good. COMMISSIONER BERRY: But I'm hoping when we go in November to Tallahassee -- I assume, Jim, you're going to go? COMMISSIONER CARTER: I'll be there. COMMISSIONER BERRY: -- that we'll be talking again. But I can tell you -- I was going to tell you later, but the Florida Coastal group that I met with -- CHAIRWOMAN MAC'KIE: Coastal Community Coalition. COMMISSIONER BERRY: -- they did agree to put that in the package. CHAIRWOMAN MAC'KIE: Because what the -- what I was -- in case you didn't know what we're talking about, is that TDC money ought to be able to be spent on road improvements because tourists, surprise, impact roads. So they need to help pay for that infrastructure. The other -- to me there are those three parts: Impact fees, sales tax -- when the referendum goes out, it needs to be with a map with red lines on it that says we'll improve these roads and this storm sewer if you will vote for this tax. And at the same time, ask the legislature to let us spend some TDC money for that purpose. The question I have for the attorney today is the issue was raised with -- to me, is it possible to add a penny sales tax during season, not year round? COMMISSIONER BERRY: Only -- MR. FERNANDEZ: A portion of the year, you mean? CHAIRWOMAN MAC'KIE: A portion of the year, not year round. Because that is the target market, as far as I see it, that we're going after here is to try to get the partial year residents who may not own property in the community but have a significant traffic impact to help pay for some road improvements. Maybe that -- I mean, could you tell us that? MR. WEIGEL: It's a good research question, but I'll tell you right now, I'm kind of optimistic with the answer I can give you, but I don't want to be definitive at this moment. CHAIRWOMAN MAC'KIE: Well, look at it. COMMISSIONER NORRIS: I believe we researched that once before. I think the answer came back in the negative. But I certainly encourage you to go ahead and research it again. I didn't quite get to finish a while ago. CHAIRWOMAN MAC'KIE: Oh, I'm so sorry. COMMISSIONER NORRIS: I don't want my comments to be construed that I don't support raising the impact fees, because I think it's time to take a good look at those impact fees and put them at the appropriate level. But what I meant to say and what I believe I did say was that I had preliminarily looked at the numbers of the additional income that had come in from the impact fees, and it certainly -- it is not going to be enough to do what we are intending to do on the road network. CHAIRWOMAN MAC'KIE: That's absolutely true. If we maximized them to the legal limit. COMMISSIONER CONSTANTINE: Which we should. Page 37 October 12, 1999 CHAIRWOMAN MAC'KIE: Which we should. It's not close to the amount of money necessary to solve our road and storm sewer problems. COMMISSIONER NORRIS: That don't mean we shouldn't do it. CHAIRWOMAN MAC'KIE: We should do it. COMMISSIONER NORRIS: I think we should go forward and do it. COMMISSIONER BERRY: One other item, too, and I was made aware, and I'm going to a meeting on Wednesday, that there has been some grant money made available through the -- when they did away with the -- what is it -- the high speed rail? COMMISSIONER CARTER: Right. COMMISSIONER BERRY: I think that is the proper name. There is some money going to be available. And apparently those grants have to be in by November 1 or grant applications. If we've got a shot at some of those dollars, I would hope that we would try and do that. I understand they've already -- there have been some grants submitted. They said you can get copies of those through the public records request. And if we can do that, I'd like to see some. COMMISSIONER CONSTANTINE: As a matter of fact, our international airport up here got a chunk early -- COMMISSIONER BERRY: Is that right? COMMISSIONER CONSTANTINE: -- on that. So we may want to look to what they had submitted. COMMISSIONER NORRIS: Councilman Soldenwagner is doing that on behalf of Marco Island for the second bridge down there. COMMISSIONER BERRY: Oh, okay. COMMISSIONER NORRIS: He's -- COMMISSIONER BERRY: I don't know all the ramifications with those grants. If there's something we can qualify for, I'd certainly like to see us go after it. COMMISSIONER CARTER: Well, didn't we at the MPO -- last MPO meeting, I think we gave Gavin Jones direction on that to begin to look at how we can find funding through the other sources for the road project. COMMISSIONER BERRY: Well, I mean, if he's aware of that. I don't know that he is or hopefully would be, but if not, we are now, and I would hope we'd pursue it. MR. FERNANDEZ: Madam Chairwoman? COMMISSIONER NORRIS: Well, he'd better finish looking at it, because the deadline's November the 1st. COMMISSIONER BERRY: I understand. COMMISSIONER NORRIS: Why don't we give someone clear -- COMMISSIONER CARTER: Yeah, I think -- CHAIRWOMAN MAC'KIE: That would be -- Mr. Fernandez, I -- MR. FERNANDEZ: Madam Chairwoman, I heard that -- CHAIRWOMAN MAC'KIE: One at a time, please. MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes. MR. FERNANDEZ: I heard that direction, and I have already decided to assign staff to address that. Page 38 October 12, 1999 Just wanted to announce, you have some speakers on this subject, if you'd like to hear them. CHAIRWOMAN MAC'KIE: Please. MR. FERNANDEZ: First two are Mary Frances Kruse and Fred Thomas. COMMISSIONER CONSTANTINE: Two towering historical figures in this room. you? CHAIRWOMAN MAC'KIE: Absolutely. MS. KRUSE: Thanks a million. Can't I get a few more years out of Good morning, ladies and gentlemen. For the record, Mary Frances Kruse, 4033 Guava Drive, Naples, Florida. I'm here as a private citizen. I drive the road, like Barbara does. I'm obviously not here to preach to the choir, it's obviously you all want to see done what needs to be done. Because I drive Immokalee Road, I want to see it faster than you. I mean, my guardian angel's getting tired of riding shotgun for me. What I'm sensing, sitting here listening to you, is that some things never change. Twenty years ago we should have widened the road, and we didn't. Reasons don't matter other than the time it was considered a parochial issue that benefitted a very few. And now 20 years have gone by and it's not. It's all of us. Secondly, we used to have a joke back here that once in a while there was a shadow government, that we'd order something done and weeks later nothing's done. Now, if you thought you're frustrated, so were we. So the bottom line comes down to one thing: You've done what you were supposed to do. You've obviously indicated you want -- and I'm referring to Immokalee Road -- you want it done and you want it done now. Maybe you've got to get even stronger. Maybe you've got to say we said do it. I don't want to hear the problems. The problems are not mine. Find out whose job it is, tell that person to get it done, or the next time I ask you, you're gone. As a body, five of you, you're the bosses. Now, the buck then drops in Mr. Fernandez's lap. I don't want to hear it. You said do it. If there's a problem with legal, then get the lawyer up there, get it fixed. But don't pester you with it and don't take a year to come back and say we've got some problems. The problems are stopping right there. There's another side to it. The minute you start talking -- and now I'm going to make enemies of everybody in the room, because it's your turn, okay? The minute you start saying I don't know how I'm going to pay for this, I'm going to ask the people to do it, well, hell, the guy that lives down on Marco Island Road doesn't care if Immokalee gets paved nine time out of 10. You can't ask them. You do what you need to do. There the buck does stop with you. Now, I don't care how you do it. Neither do most citizens. But it's got to get done, and that hard job is yours. The same as it's his to tell the person, solve the problem or I'm going to fire you. You've got to solve that problem. Maybe it is the gas tax. Hell, we've bit Page 39 October 12, 1999 the bullet. I took four death threats over that gas tax 20 years ago. It's there. By the way, they didn't get me or my kids. I told the Air Force if they got my kids, I'd hold them responsible. I didn't get it, obviously. Maybe it is the gas tax. It's there. It's not something new. You're not asking people to take it on. For heaven's sakes, we're used to it. Leave it there and use it. You said you asked somebody to start to look for money. For God's sakes, they should have been looking for money for 20 years. Can't we grant people? Don't we have somebody who's doing it? You shouldn't have to start. You should have been out there digging like a rabbit. But again, it comes back to you. Take a converted -- take a solid stance together. I said do it. No excuses, no sounds. I'm not going to mention what anybody gets paid, because it's a hell of a lot more than what I ever got paid, or you. But with it comes the fact you don't want excuses, you want it done. And find out who's responsible for getting it done and say you're on the line for it. Then turn around and take your own responsibility. Fund it. You can't ask people to do it, any more than you can ask your kid you' 11 give them something if they'll do something. It's your job to pay for it. It might make you unpopular. But hell, being an ex-commissioner isn't that bad. It's a lot more fun than when you're sitting. And if you do it -- if you do it today, then you don't have to stand here in 20 years in front of God and everybody and the television cameras and say I should have and I didn't. Thank you. Good luck. It's a tough job. CHAIRWOMAN MAC'KIE: Thank you so much. (Applause.) MR. FERNANDEZ: Fred Thomas and then John Norman. COMMISSIONER NORRIS: Fred, you look a lot older than you did. You're looking older than me, for example. MR. THOMAS: October 12th, 1939 this happened. So I'm the at big 6-0. And I wish the young folk that were here earlier with the Jaycees were still here. Somehow each of you all need to send a note to her chapter explaining the outstanding job she's done. I was elected in 1973 as the national director for the Virginia Jaycees, the first of such an election in the State of Virginia. And they do an outstanding job in recognizing folks. And she gets a whole lot more points within the Jaycee organization if you all send some support letters back on how well a job she did when she reported. But she made me very, very proud of my background in the Jaycees. As it relates to what we're talking about today, I'm going to use an analogy. Collier County is a rapidly growing county, like a teen-age kid, stretching out of clothes and what have you. You folk are the parents. You don't ask a child what they want to do, you tell them what they have to do. Because we've got a population of newcomers coming to this community that want the lowest insurance rates in the country, but they don't want a firehouse within 30 miles of their door Page 40 October 12, 1999 and they don't want public utilities and public water. They can't have that. You understand? You can't have that. CHAIRWOMAN MAC'KIE: A or B. MR. THOMAS: You're talking about growth problems. Forget about Immokalee for a moment, just talk about Golden Gate. If we do not increase the intensity strategically of parcels of property in Golden Gate Estates to allow a parent to send a 14-year-old child to the grocery store to get eggs, milk and a dozen eggs. Every time they want that, they got to put a car on the road. Every time they put a car on the road, they're going to jam it up. It's already jammed up now. There's only two or three ways to get in there. Unless we start now saying we want something done about that -- we don't care what the citizens are saying, because we know what they're going to need. Because there's no way to stop those two and a quarter acre lots from being developed. How are you going to stop that? CHAIRWOMAN MAC'KIE: You can't. MR. THOMAS: You can't stop it. And we're only about 30 percent built out now. When we get to be 80 percent built out, it's going to be a zoo over there. And then you're going to be talking flyovers and all this other kind of craziness that nobody wants to see in our community. We need to make a decision. You parents need to make a decision. A decision that's going to be painful to some people. You're going to get some complaints, you're going to get some temper tantrums being thrown by these teenagers out here. CHAIRWOMAN MAC'KIE: Just like home. MR. THOMAS: Just like home, exactly. But that's the role of being a parent. Talk about funding these kind of programs. I believe every year since I've been here our millage rate has gone down. That's crazy. We got the lowest millage rate in the state. COMMISSIONER CONSTANTINE: Oh, that's terrible. MR. THOMAS: Absolutely crazy. We should have a -- we should brag on the fact that we got the lowest millage rate in the state and at the same time build up a war chest. Because those folks with the mega homes that have increased twofold are not going to give us a rebate when they sell it. Leave the millage rate where it is. Build up a war chest. Then we can deal with all the problems we got to deal with. And we've got to start anticipating those problems now. You can't send mixed signals to your staff. We want you to go out and do, do, do, but hey, don't spend no money. Don't upset the environmentalists. Leave those people in Golden Gate alone, because they don't want any growth in their community. I mean, you all got to make that decision. You can't measure a leader by what he does while he's in office, you measure a leader by the history he leaves for the rest of the future. I will support you. I'm sure the community will support you, if you'll just take the stand and do the right things. We need to be one or two things: Increasing roadways or increasing the intensity of land uses so we can keep fewer cars on the road. That's the big problem we Page 41 October 12, 1999 have. If you don't think it's a problem, folks, just go out to Massachusetts, Newton, Massachusetts and places like that, where you can go miles and miles and you can't get out there in the morning and it's just crazy, crazy, crazy. We can be there very quickly. Growth is not a real problem, because the alternative is a very bad situation. Anything I can do to help you, let me know. We need to plan hard. We need to build up our war chest to deal with these problems, and we need to begin to look now at acquiring right-of-way, expanding roads, strategic locations, and at the same time increasing the intensity of uses in certain locations so you can put a neighborhood center strategically located so that you don't have to put that many cars on the road. That's the real solution to growth. Because you're not going to stop the growth out in the rural area. Even if you go to one unit per 40 acres, you're not going to stop the growth in the rural acres. TwinEagles taught us that. Okay? Thank you all very much. And thank you for the birthday greeting. CHAIRWOMAN MAC'KIE: You're welcome. (Applause.) MR. FERNANDEZ: John Norman and then Ann Olesky. MR. NORMAN: For the record, my name is John Norman. I live at 3520 19th Avenue Southwest. Post Office says it's Naples, but we call it Golden Gate. Each day I drive to my place of employment in Immokalee. I find every route that I can to avoid Highway 46. In the last year, I have personally driven by about five fatalities, one of them a Collier County deputy sheriff, simply because we haven't addressed the big problem about roads. And I know that every one of you sitting up there is faced with the same problems, that people don't want more taxes. Well, I'm an individual that does. The point that Fred made about us having the lowest millage rate in the state is absolutely ridiculous. And I understand that you have to hold back on the spending. But a sales tax of one penny to build the roads that we need -- I didn't come to talk about taxes, but when Pam brought up that point, it's an excellent one. Let's let the people who come here -- and as Commissioner Norris said, well, they only come here for a few months. Commissioner, join me tomorrow on Golden Gate Boulevard or Highway 846 and you better hope to hell they don't come. I'm serious. COMMISSIONER NORRIS: I drive those roads. But it could be worse in the season. MR. NORMAN: Oh, it will. But I've been here almost 40 years. And I've watched various County Commissioners, some of them good, some of them bad, but County Commissioners face the same problems, and you guys shouldn't have had to face it. It should have been done, as was stated earlier, 20 years ago or 30 years ago. But it wasn't. So somebody's got to do it now. And as was said by several prior speakers who spoke, well, look at Bob Fernandez and say do it. You know, don't give me a whole lot of bureaucratic mumbo jumbo. If it takes more taxes, hey, we're not talking about a lot of money compared to if you go to Dade County and Page 42 October 12, 1999 you see the people moving out of Dade over here, and lots of them moving over here because of the tax structure over there. I don't have a problem with a penny sales tax. And I don't ~- if you go through this audience out here, I don't know if you'll find one person who will object to that. And many of us would get out and work diligently to help them pass such a thing. When you drive those roads -- I turn off of 951 on Golden Gate Boulevard some morning. I see the traffic, this is no joke, backed up from 951 past Wilson almost to Everglades. Now, when the season happens that ought to be a thrill. And the people coming in out of Immokalee, surrounding area there, and out of the Estates are the people that perform the jobs in Naples. They're the people that run the stores, the ones that operate the hotels, the restaurants and all that kind of stuff. And if you think that Immokalee is merely an agricultural community anymore, you need to come take a look. Your own backing for the airport facility out there has caused a lot of new stuff to happen at that airport. And that is -- with it preparing to open within the next couple of weeks as a customs port of entry for the United States really makes a big difference. Things are happening in that area that unless you come out and take a look at it, you can't believe it. You can't stay over here on the coast and see what's happening inland 10 or 15 miles. And if we don't do something about the roads -- I specifically speak of the Immokalee Road and Golden Gate Boulevard. I understand 951 going to Marco, same deal. We have situations where we come from four-lane roads to two-lane roads. We got one on Davis Boulevard right now; four-lane, two-lane, a quarter of a mile later, four-lane, a mile later, two-lane. That's okay for John Norris, who drives it every day and he knows that's going to be there. But how about the guys coming in, you know, that don't really know that. And there comes more of the thrill of driving by a very twisted automobile with dead people in it. And we've all seen it. If you want to see more of it, don't do anything about this. But if -- we're not going to stop growth in the county. I've listened to county commissioners since 1962. They're all going to stop growth. No, you're not. You can guide it, you can make it safe, you can make it practical. We're not going to stop people from coming to Collier County or anyplace else in Florida. They're coming. Hey, how many of you were born here? So much for that one. People are coming and we have to provide for it, and the provision has to be roads. The first thing you've got to have is roads. Because the development on 846 around Orangetree and Waterways -- time's up, huh? Okay. CHAIRWOMAN MAC'KIE: All right, we appreciate your comments. MR. NORMAN: Okay, thank you. COMMISSIONER CARTER: I think it's always important to remember that on a sales tax, at least 30 percent of that will be paid for by tourists that come to this community. And again and again, I want our Page 43 October 12, 1999 constituents out there, our population, to understand that, that it really becomes a participatory process, and it does not put the burden just on the residents of Collier County. CHAIRWOMAN MAC'KIE: For a change. MR. FERNANDEZ: Next speaker is Ann Olesky and then Carol Lusadelara. MS. OLESKY: Good morning. Thank you for listening to me. For the record, my name is Ann Olesky. I live in Immokalee, Florida and I work in Immokalee, Florida. Do a lot of work in Naples. Yes, the road is horrible. I hope that you will take a look. And when thinking of expanding and widening, that you come all the way past Orangetree, all the way down 846 into Immokalee. We need you, but better yet, you need us. We got an awful lot to offer out there. Our Main Street is absolutely phenomenal. I enjoy looking at Fifth Avenue. And I think everybody will enjoy looking at Main Street in Immokalee. A lot of jobs coming to Immokalee going to Naples, both need that roadway widened. We lost a great friend in Rudy Demas, who was killed on than roadway. Don't need any more of those. We need to speed it up. Now, in defense of everybody, it can be done. Look at Lake Trafford. They said it would take us 10 years of feasibility study. Hate the word feasibility study. We're ready to go before the lake and do the work. 1996 was when you designated the task force. You didn't come to us and say excuses, you said do it. You didn't tell us how to do it, you said do it. We did it. We came back to you and said this is what we found, and you said thank you, go get it. So I know it can be done quicker than what a feasibility study would do. We're behind you. Yell at the population, hey, this is what I need from you, and we'll do it. Thank you and thanks for the great job. CHAIRWOMAN MAC'KIE: Thank you, Annie. MR. FERNANDEZ: The next speaker is Carol Lusadelara and then Kathy Curatolo. COMMISSIONER NORRIS: How many more do we have? MR. FERNANDEZ: The next one is the last. MS. LUSADELARA: I'd like to speak on behalf of the employees of the Seminole Indian Casino. We have over 300 employees who have to travel that road almost daily to come out to work at the casino. And fortunately a large portion of those employees have had fairly nearly fatal accidents on that road. And they can attest that by the scars and stitch marks you can see on their faces and heads. And I'd also like to speak on behalf of the 50,000 visitors that we have that visit our casino on a monthly basis that travel that road to come out to the casino. And also as a member of the board of directors of the Immokalee Chamber of Commerce. Our Commerce has increased probably 10-fold in the six years that I've been involved in the Immokalee community. We do have all those Page 44 October 12, 1999 new businesses, we have all those new things going on at the airport. We need that road widened. And that's all I'd like to say. Thank you. MR. FERNANDEZ: Final speaker, Kathy Curatolo. MS. CUP, ATOLO: For the record, I'm Kathy Curatolo with the American Specialty Contractors' Association. Like many of the constituents in today's audience, we believe that transportation, specifically road improvement, is critical to the foundation for well planned economic growth. We don't believe the commissioners nor Mr. Fernandez nor the audience can make this happen alone. We believe it needs to be in partnership. Finally, I'd like to say that we applaud the efforts of the CBIA and stand behind them 100 percent for leading this dialogue to the next level. Thank you. CHAIRWOMAN MAC'KIE: Thank you. We do appreciate your getting -- today is the kind of policy discussion that I thought there'd be more of when I ran for County Commission. So this is exactly what we ought to be doing. You had something, Commissioner Berry? COMMISSIONER BERRY: I think -- just one last comment that I'd like to make, since that was our last speaker. We've heard a lot today about Immokalee Road, and certainly those of us who have to drive that on a daily basis understand the importance of it. But I also want to stress that there are other roads, the Livingston Road portion, in particular. The Golden Gate Boulevard is incredible. It's going to be started, but again, not until next year at this point in time. But there are other roadways. And I would hope that not just the ones that we have on the books, but there are other areas that we need to pursue to see if we need to add any more roads. There has been some discussion. Commissioner Constantine, I'm sure, has heard many times from the folks in Golden Gate about going on out into the Estates through a different route. Something close to the Golden Gate Parkway areas and further access further out into the Estates. But these are things that we -- that's where the planning part of it comes in. But at the same time, the frustration of the roads that we're currently considering, to try and get them moving a little bit faster I think is our big interest. CHAIRWOMAN MAC'KIE: Without talking too much more about Immokalee Road, I just want to tell you guys as a follow-up to the discussion I had with the board before on that, I met with Clarence Tears from the Big Cypress Basin, and although he says that the road design that the county has does clearly comply with codes, he is going to write a letter to me to explain that it would definitely be the Basin's preference to have the swale on the south side of the road. Likewise, he's going to indicate that from his experience it shouldn't be a terribly complicated redesign process. We're talking about moving -- the mathematical calculations being the same, but moving them and adding some piping so that the maintenance could be done by private developers without that obligation at the county, Page 45 October 12, 1999 particularly in light of what is, by his estimation, a significant failure rate in the swale as it's designed and constructed presently on the other portion of Immokalee Road that has been very expensive for the county and very much interfering with the whole water management system because of the failures in that swale design. So we'll continue to see that and I'll share that with you as I get it. We should probably take a break for our court reporter. We'll be back at five after 11:00. (Brief recess.) Item #8A2 REQUEST BY GEORGE E. FOGG OF THE COLLIER COUNTY POLICE ACTIVITY LEAGUE FOR A WAIVER OF A TEMPORARY USE PERMIT FEE FOR A SPECIAL EVENT - APPROVED CHAIRWOMAN MAC'KIE: We'll call the meeting back to order, as soon as I let our kind court reporter get to her seat. COMMISSIONER NORRIS: Move the item. CHAIRWOMAN MAC'KIE: Oh, no. We'll call the meeting back to order. COMMISSIONER NORRIS: Move the item. COMMISSIONER CONSTANTINE: Second. CHAIRWOMAN MAC'KIE: The item, I guess, is 8(A) (2), which is the PAL. COMMISSIONER BERRY: I don't know, though, it's George Fogg asking, so I don't know. CHAIRWOMAN MAC'KIE: Well, you know, could be trouble. There's a motion and a second on the floor. Is there discussion? Any public speakers? MR. FERNANDEZ: None. CHAIRWOMAN MAC'KIE: If not, all in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Aren't you glad you hung around for a couple of hours for that, George? Item #8A3 COMMERCIAL EXCAVATION PERMIT NO. 59.691 .FOREST PARK (HERON LAKES). - RECONSIDERED AND TO BE BROUGHT BACK IN 2 WEEKS Next is an excavation permit for Forest Park. COMMISSIONER CONSTANTINE: This was a reconsideration item. That's all I'm asking today is to bring it back in two weeks. There's one item that was included on their permit that is an item that really is better included as part of your PUD or building or whatever. It's a requirement that they do, as part of their project. They don't have any Page 46 October 12, 1999 problem doing it. There are some nuances that they would like to make happen as part of that. Meanwhile, they've got literally a couple hundred thousand dollars' worth of equipment sitting there waiting until they can start excavating. So they'd like to bring it back, be able to go ahead with their excavation and deal with that issue while they're working on their PUD. COMMISSIONER BERRY: Where was this located again, Commissioner? COMMISSIONER CONSTANTINE: The other side of Golden Gate Community Park, just South of Golden Gate Canal -- COMMISSIONER BERRY: Gotcha. COMMISSIONER CONSTANTINE: -- between Santa Barbara and 951. CHAIRWOMAN MAC'KIE: Do we need a motion of just consensus? COMMISSIONER CONSTANTINE: Motion to reconsider that item and bring it back in two weeks for reconsideration. COMMISSIONER BERRY: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: Opposed? (No response.) CHAIRWOMAN MAC'KIE: Second it. Second. Ail in favor, please say aye. That passes unanimously. Item #8B1 CHANGE ORDER TO THE PROFESSIONAL SERVICES AGREEMENT FOR TRAFFIC ENGINEERING CONSULTANT SERVICES IN THE AMOUNT OF $15,165 FOR IMPLEMENTATION OF COORDINATED SIGNAL TIMING PLANS FOR AIRPORT-PULLING ROAD AND PINE RIDGE ROAD - APPROVED The next (B) (1) is an item that was previously on the consent agenda where we had gotten some confusing information from staff, wanted to be sure that we had pursued all avenues to collect from the private sector before we added some money to the public sector. And what did you find out, Mr. Kant? MR. KANT: Edward Kant, transportation services director. Good morning, commissioners. Nice to be back from vacation. CHAIRWOMAN MAC'KIE: I'm sure. We missed you, too, Ed. COMMISSIONER CONSTANTINE: How long was that vacation, Ed? COMMISSIONER BERRY: Not long enough. MR. KANT: Not nearly long enough, Commissioner. COMMISSIONER CONSTANTINE: I teed that one up for you. MR. KANT: If you have reviewed the executive summary, you'll note that we did check, and the equipment that was in question is not equipment which is under warranty or which we felt was reasonable to go after the manufacturer on. And some of the features that we were being instructed by the consultant on were features that, frankly, neither my staff nor I were aware were available to us. And frankly, this was a good object lesson, because on this -- as we get the new equipment, we will be able to implement all of its Page 47 October 12, 1999 features right from the get-go. So we would ask again that the board give us permission to augment this work order. COMMISSIONER CONSTANTINE: The bottom line is none of the additional costs can be made responsibility of the manufacturer. MR. KANT: That's correct. COMMISSIONER CONSTANTINE: Move the item. COMMISSIONER BERRY: Second. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. Page 48 OCT I 2 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 October 12, 1999 Item $8C1 A REVISED NEIGHBORHOOD PARK POLICY - APPROVED Let's talk -- MR. KANT: Thank you, Commissioners. CHAIRWOMAN MAC'KIE: -- about the neighborhood park policy. COMMISSIONER BERRY: Can we move this item? CHAIRWOMAN MAC'KIE: I love it. I'm ready to move it. COMMISSIONER CONSTANTINE: I'll move the item. COMMISSIONER CARTER: Second. COMMISSIONER BERRY: That's what I said, move the item. I think it's a great idea. COMMISSIONER CARTER: Well, I'll second. CHAIRWOMAN MAC'KIE: Discussion? Registered speakers? MR. FERNANDEZ: None. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. COMMISSIONER CONSTANTINE: While I had no discussion, that's one of the best things we've done in years. CHAIRWOMAN MAC'KIE: It sure is. Item #8C2 NOTIFICATION OF PUBLIC HEARING REGARDING THE MANAGEMENT PLANS FOR THE DELNOR-WIGGINS PASS STATE RECREATION AREA AND THE FAKAHATCHEE STRAND STATE PRESERVE - DELNOR PLAN HEARINGS TO BE HELD 11/2 & 11/3 AND FAKAHATCHEE PLAN HEARING TO BE HELD 11/3 & 11/4 The next one, Mr. Fernandez, or maybe it's Mr. Olliff, just wants to make an announcement about a meeting we were asked to publicly notify. Who's doing that? MR. FERNANDEZ: Mr. Olliff will handle that one. MR. OLLIFF: For the record, Tom Olliff, public services administrator. And as you indicated, there's been a recent change in statute which simply requires that for state run parks and preserves, when they have management plan reviews coming up, that they be noticed at the local governing body's meeting. So just for the statute's sake, we're here to inform the public that there are two different management plans up for review. The first is the Wiggins State Recreation -- Wiggins Pass State Recreation Area. And there are two meetings scheduled for that. The first is a public workshop where the draft management plan will be presented. That will be Tuesday, November 2nd, 1999 at 7:30 p.m. at Veterans Community Park on Immokalee Road. Page 49 October 12, 1999 The second meeting for that particular Wiggins Pass State Recreation area will be the DEP Advisory Group, the Department of Environmental Protection Advisory Group meeting. That meeting will be Wednesday, November 3rd, 1999 at 9:00 a.m. at Delnor-Wiggins Pass Recreation Area. So it will actually be held at the park. The other management plan up for review is the Fakahatchee Strand State Preserve. Their first public workshop will be at the Comfort Inn on Tollgate Boulevard, which is there at the intersection of 951 and 1-75. That meeting will be Wednesday, November 3rd, 1999 at 7:00 p.m. And the second meeting for the Fakahatchee Strand State Preserve will be again at the Comfort Inn, Thursday, November 4th, 9:00 a.m. and that will be a discussion meeting. With that, Madam Chairman, I think we've filled our duty to the statute. CHAIRWOMAN MAC'KIE: Okay, thank you. Item #8E2 DISCUSSION REGARDING HALLOWEEN TRICK OR TREAT HOURS - HOURS TO BE 6500 P.M. TO 8500 P.M. ON 10/31/99 Next item is one where -~ you know, sometimes my kids don't think I have a very cool job, but if we get to discuss when you trick 'o treat, they think that might be really interesting. So Mr. Fernandez, this got added to the agenda after you and I met. I'm glad to see it here, but tell me what we're going to discuss. MR. FERNANDEZ: We had expected the Sheriff's Office to indicate to us their recommendation on these hours. What we've received was a news release that he issued, indicating that the North Naples, Golden Gate, East Naples and the Immokalee substations will have volunteers and staff handing out candy and goodies to all children in costumes from 6:00 p.m. to 8:00 p.m. on Sunday, October the 31st. CHAIRWOMAN MAC'KIE: What a concept. COMMISSIONER CONSTANTINE: What, we're having Halloween on Halloween this year? COMMISSIONER BERRY: Works for me. CHAIRWOMAN MAC'KIE: Sunday night, 6:00 to 8:00. Item #8E3 COUNTY ADMINISTRATOR EVALUATION FORM - TO BE BROUGHT BACK IN 2 WEEKS Okay, next item is (E) (3), which is the county administrator's evaluation form. You want to take us through that, Mr. Fernandez? MR. FERNANDEZ: Madam Chairwoman, I have submitted for your consideration a matrix which provides key result areas and measures of each of those key result areas for the board to utilize in their evaluation of my performance to be conducted in November. Page 50 October 12, 1999 I would like for the board to take a look at this and give me your thoughts as to whether or not you feel that this is the tool you would like to use in that process. CHAIRWOMAN MAC'KIE: I have a couple comments about it that I could just go through. The general theme of them being, Bob, that where there are just a couple of excellents or characteristics that the board identified as important, there are a long list of key result areas. And then sometimes where there are just a few characteristics, criteria that the board has identified as important, there will be a long list of key result areas. I think I said that backwards. But it's just exactly the opposite. It seems to me that where we have identified items that we think are very important characteristics, the measurements in the key result areas are less. And where we have said these are less important, you have quite a few. For example -- COMMISSIONER CONSTANTINE: I might even go a step further. If we go back to the areas that have been scored particularly well, like budget, then that has eight ratings beside it; whereas, personnel management has only three ratings beside it. CHAIRWOMAN MAC'KIE: And I -- MR. FERNANDEZ: Okay. CHAIRWOMAN MAC'KIE: For example, let me just take you through with my comments, and then we'll go -- each board member can have their own, of course. In the personnel management item, the communication skills, business management and high performance philosophy are the criteria that the board identified as important. But what the -- a frustration that I had in this area that I don't see articulated is a way to measure. Is I wrote down provides clear, adequate justification for pay plans, reports on success or lack of it in retention of employees. Those are two issues, you know, I was very frustrated that we couldn't justify, we couldn't understand. I didn't understand, I'll speak for myself, what the justification was for the pay plan recommendation that you made. And then we turned it down and then we ended up putting it back in at the end of the budget process; whereas, I think if that had been more adequately done originally, it might have been better. MR. FERNANDEZ: Madam Chairwoman, are you speaking of the time we discussed the fact that the recommendation was based upon some assumptions because we didn't know what the pay plan adjustment study would have yielded? So we made estimates based upon our previous performance, our previous history, and that discussion -~ you're saying that discussion wasn't clear? CHAIRWOMAN MAC'KIE: It wasn't clear and it wasn't adequate to me. Because even though you were making estimates based on previous years, it should be -- you should be able to tell us what your retention -- do you have -- when we got down to the sheriff's budget item and he said I've got a crisis, I'm losing employees left and right, I've got to do an emergency pay raise, you didn't tell us that likewise. When you proposed your pay raise, you didn't tell us I'm losing employees left and right, we've got a crisis, something in real plain language. But then by the time we got back to the -- Page 51 October 12, 1999 MR. FERNANDEZ: I just stuck to the facts. CHAIRWOMAN MAC'KIE: But by the time we got to the budget amendment process, you were saying I've got to have the same raise that they've got. COMMISSIONER CONSTANTINE: You didn't even propose it, you didn't mention it, you didn't say one word about it until -- in this forum until the final budget hearing September 22nd. CHAIRWOMAN MAC'KIE: That is something I think that could be improved on, despite the fact that the survey wasn't complete. That's something that you would have a handle on, do we have a retention of key employee problem. And so that, along with a more adequate justification for pay plan changes. Because, frankly, I wanted to give them the pay plan adjustments you asked for, but I couldn't find adequate documentation in the presentation. Just to briefly go through my general comment about there being lots of performance measures where there are few profile criteria. At the -- let's see. Some of the things -- well, in the relations with the Board of County Commissioners, provide timely responses to County Commissioner inquiries. That is part of the problem. But also, we need correct and thorough responses. And perhaps that should be assumed. But likewise, timely should be assumed. So I wanted it to -- COMMISSIONER CONSTANTINE: No, accurate was one of the things that was mentioned when we had the discussion in the spring. CHAIRWOMAN MAC'KIE: And thorough. COMMISSIONER CONSTANTINE: Right. CHAIRWOMAN MAC'KIE: And I don't know how to put this in here and maybe Commissioner Carter can help me with -- but in the -- I don't -- maybe it comes under relations with the Board of County Commissioners. But my fundamental problem that I articulated before, that I don't see a way to measure here, is to demonstrate a broad general understanding of issues that come before the board. For example, this transportation one that we just went through. To know where there are board policies that may be in conflict with the best practices for the county so that you can bring those to us and give us the opportunity to correct those. And then just generally -- a general understanding of what the issues are, what the trends are, what the problems are in the county so that you can anticipate them and bring them to us for consideration before they become big problems. And again, in the community relations, I see a measure that says provides timely response to public inquiries. I wanted that to also say accurate and thorough. Those are just my general comments. Like you said, I'm not a road engineer, road designer, neither am I a personnel manager. So I don't know what a good form looks like. I know that those are specific areas that I want to comment on in your evaluation that I don't find the ability to in this form. Other comments, board members? COMMISSIONER BERRY: I just want to know what -- looking at this the way it's written, when it comes over to the rating section, how do we do that? Page 52 October 12, 1999 CHAIRWOMAN MAC'KIE: Say that again? COMMISSIONER BERRY: When it gets over to the rating side, you've got all the little lines. MR. FERNANDEZ: The legend for that is on top of the first page there where it says -- CHAIRWOMAN MAC'KIE: Okay. Either exceeds, meets -- MR. FERNANDEZ: Exceeds, meets or needs improvements. COMMISSIONER BERRY: Okay. So on every one of those lines, that's how we're going to do this. In other words, you don't pick one or two or whatever, okay. CHAIRWOMAN MAC'KIE: And that's why it's so important for me to have some of these opportunities to provide a rating for a measurement that's important to me, clear and adequate justification, and accurate information and thorough. And somehow this -- demonstrating and understanding of broad issues. Some of the things I didn't know if there -- I mean, I don't know if three professional association meetings over the course of the year is the right number, that, you know, that's something that you specifically put in. COMMISSIONER NORRIS: One of the things that I'm kind of concerned about on this is that we don't necessarily work day-to-day close enough to the county administrator to be able to fully assess some of these measures and results and so forth. I don't know how we're going to do some of those, so -- CHAIRWOMAN MAC'KIE: Like how do we know if he has a sufficient number of brown bag luncheons with, you know, personnel? I don't know. I don't know how many we have. COMMISSIONER NORRIS: Yeah, it's not just that, not just the measures, but the key result area column. Look down through there and you'll see that we don't really work day-to-day closely enough with the county administrator to know some of these things. Some we do, but some of them we don't. And I'm not sure how we're going to -- MR. FERNANDEZ: Madam Chairwoman, if there are those that specifically you feel are not appropriate, we can just delete them, if you'd like to identify them. CHAIRWOMAN MAC'KIE: It's more -- and I want to try to use this form. That's why I tried to give specific ideas of the problems that I have. But the problem -- this form has gone from what Commissioner Carter gave us with broad general what are we looking for in our county administrator, and we do need to be able to measure those things, so I understand and appreciate that you gave us some opportunities to do that. But if you think about the characteristics that we identified as critical, they are broad, general, analytical thinking, communication skills. Success in those areas is not well measured by scheduling compliance and some of these weekly division administrator meetings. So again, I don't have something better to offer. But that is a general theme is a problem that I have. We've gone from a broad picture of what we want to see to something that's too specific for me to be able to measure in some cases. Page 53 October 12, 1999 COMMISSIONER CONSTANTINE: I guess the analogy would be multiple choice versus the -- CHAIRWOMAN MAC'KIE: Essay question. COMMISSIONER CONSTANTINE: -- essay question in college. And perhaps there's something in between. CHAIRWOMAN MAC'KIE: Commissioner Carter? COMMISSIONER CARTER: Well, see, the idea behind this is that you cannot write down every little measurement and do a check mark. It becomes a discussion process with the administrator in which you reach some judgment on terms of the management ability that we rate it as being important. I might include more management abilities under any one of these than is listed here in the far right-hand column, although he uses a weighted system to get there. And I'm not trying to reduce this to a mechanical process, because you've got to take into consideration when you sit down with anybody, if these are the broad-based key result areas and you're the measurements, what is your perception as a board member of how well somebody is executing that? And then you can sit in discussion and reach some conclusion about where you are with the particular individual. And then ultimately you end out here on the rating whether you think the person is doing it or not doing it. So I don't think you'll ever find a way to define every measure that would encompass each person's thinking on this board. You've got to have some general guidelines as to what that means. And if there's some parts of that are missing, you've got a couple of opportunities. Either individually we sit with the administrator and say add these to it or you sit as five commissioners in workshop, each one of these, and say are these the measures that we want against the key result areas? And are we in effect putting the proper abilities over here and profiling it? Forgetting the weighting of the system. You know you got 30 abilities, and out of that, through some adjustments we probably came up I think around 20 that were really critical to us. And do you take all 20 and lay it down against each key results area? Then it becomes a judgment shot. CHAIRWOMAN MAC'KIE: And that's really exactly the purpose of having this on today's agenda is in the past the last time we had this discussion, frankly, with regard to Mr. Fernandez, we acknowledged that individually our expectations of Mr. Fernandez were quite different. And so it was only fair to, as a board, look at this kind of a form and say do we agree with these as a board, so when we communicate, it's with one voice. I can live with this form with the addition of those items that I brought up, or I can add those in my essay portion. COMMISSIONER CARTER: Well, or we can by the next board meeting, each one of us add it or delete it, whatever, and come back with a composite for this for final agreement. COMMISSIONER CONSTANTINE: Could we have a date we're trying to complete this by, complete the actual review by? CHAIRWOMAN MAC'KIE: Do we have anything in your contract, Bob, on a date? Page 54 October 12, 1999 COMMISSIONER CONSTANTINE: We had said six months. MR. FERNANDEZ: I think you had said six months from the last evaluation. CHAIRWOMAN MAC'KIE: That's like two weeks from now, right, six months? Is that ballpark? MR. FERNANDEZ: It's November. COMMISSIONER CARTER: November. CHAIRWOMAN MAC'KIE: It's November, which is a couple of weeks away. How do -- do board members think that we need to spend more time on the form, or could we -- again, I'll say I could live with the form with those -- I kind of did that already personally, is looked at it to see what I wanted to add to it. And I've articulated that. COMMISSIONER CONSTANTINE: Is there any objection to using this form as the framework? And if we have -- I think your suggestions are good ones, but if any commissioner has a line item in individual areas here and adds that in, I don't think that's inappropriate. Or make that part of your essay question. But as a basic framework, we can use this and add or delete little parts, if we find them. COMMISSIONER BERRY: I think it should be that any addition should be part of the essay part of it. I mean, because they're all going to vary. But I think what has been created here is something that -- this is something that the Board of County Commissioners as a whole, this is what we can agree on, okay, because of what we said on our little sheets that we submitted and that Jim so very ably tried to decipher and put together. But at the same time, Pam, what I might comment on, what you might comment on, we could be worlds apart on that. But that's fine for you to comment on those things. That's something that you're looking for. But that's something you need to articulate to the manager on your one-on-one kind of situation when you go over that. Just my opinion. CHAIRWOMAN MAC'KIE: Is there objection, though, just to adding wherever it says timely responses -- COMMISSIONER CONSTANTINE: And accurate. CHAIRWOMAN MAC'KIE: -- either to public or to the board, just add and accurate? Timely and accurate? COMMISSIONER CARTER: Sure. I mean, that's fine. CHAIRWOMAN MAC'KIE: That's a consensus, isn't it? COMMISSIONER NORRIS: I don't have any objection to that. I just ~- I think the way I see this sort of evolving is that these little items that are on the sheet already are sort of the small picture. But the essay questions are going to be the big picture. How does this all relate to the big picture? And the overall performance and where the county's headed and why is it going that way, that's -- that's what I see as being far more important than the smaller items that you see here. CHAIRWOMAN MAC'KIE: So if we see here -- if we come to consensus on a format for evaluation, how much time do board members need to Page 55 October 12, 1999 complete that? We did say six months. That's November. Next meeting? Two meetings? COMMISSIONER BERRY: I think we need to have those -- are we to take these forms or -- CHAIRWOMAN MAC'KIE: Yes. With the addition of the word and accurate after timely in those two places. COMMISSIONER CONSTANTINE: Let's do these and we'll -- in two weeks we certainly have time to sit down with the administrator, which I think's a key part of this and go through this with him, and then have our -- each one of our individual forms and comments ready for the meeting in a couple of weeks. CHAIRWOMAN MAC'KIE: Is that enough time for board members? COMMISSIONER CARTER: Fine with me. COMMISSIONER BERRY: Fine. CHAIRWOMAN MAC'KIE: Commissioner? MR. FERNANDEZ: Specifically when do you want this agenda'd again? CHAIRWOMAN MAC'KIE: Next meeting. COMMISSIONER CONSTANTINE: Two weeks. MR. FERNANDEZ: Next meeting. COMMISSIONER NORRIS: And you're going to supply us with clean forms, I assume? CHAIRWOMAN MAC'KIE: By the end of the day we'll have clean forms. Sue, will you coordinate getting those from the county administrator's office? So maybe before we leave here today, we'll leave with clean forms so we can have -- fill them out and have our one-on-one discussions with the county administrator before our next meeting. MS. FILSON: So you want this on the October 26th meeting? CHAIRWOMAN MAC'KIE: Yes, ma'am. Item #8E4 DISCUSSION OF TWELFTH ANNUAL TELEPHONE SURVEY CONDUCTED BY FRASER AND MO~LKE ASSOCIATES, INC. - PRESENTED Okay, I've scribbled on my agenda so much I can hardly find where we are. But we're on to the telephone survey. Could we hear from Mr. Mohlke on this? Interesting information, as always. MR. MOHLKE: For the record, my name is Chuck Mohlke. I appear on behalf of the Institute of Government and our firm, Fraser and Mohlke, and I'm benefitted by being joined today by my business partner, Alice Fraser. CHAIRWOMAN MAC'KIE: It's always nice to get to see the other half of that business once a year. MR. MOHLKE: If it please this honorable commission, I would like in my remarks to refer to some notes that I've made. I found it's a daunting enterprise indeed to be responsible for 65 tables and 10 sets of demographic data and other material without referring to a text and to some notes. So if I have your -- Page 56 October 12, 1999 CHAIRWOMAN MAC'KIE: Please do. MR. MOHLKE: -- permission to do that. Madam Chair, may I begin this way: This is the 12th time that the Board of County Commissioners has asked that an annual survey be completed of the views of registered voters in Collier County, distributed as proportionately as we can between and among five county commission districts. Traditionally this work has been done in the late spring and the early summer. This pattern of inquiring of people's attitudes regarding county government and related matters has a certain reliability to the extent that each year we're able to say, fairly, I believe, that we can track clearly the pattern of responses from previous years without confusing the issue over the time of the year, whether or not certain of these issues are in some unique way what we like to call event driven, sponsoring an expression of attitude or a view that may be related to a particular set of circumstances at the time the study was being completed. I'm going to take a liberty here that I have not discussed with the administrator or with board members and suggest that at some point in time as a board you may suggest that as you continue with this effort that you may want to time these inquiries in a manner somewhat different than you have in the past. Now, in taking this liberty, I'm benefitted from having heard earlier discussion in which many of the issues that come to you in a timely manner do in certain ways relate to episodes of activity in county government. It happens that in the fall, with the onset of school and the beginning of the slow incremental increase in local population due to seasonal residents returning to the area, many matters come to your attention in a manner different than they might at the traditional time that this inquiry is made. When you see some of the results which have been presented to you both in terms of a very large notebook presentation, and I believe you might be benefitted by a much shorter summary, which we shared with the administrator yesterday at his request that gives highlights of these outcomes, you will notice -- CHAIRWOMAN MAC'KIE: Do we have that? If you'll forgive me, do we have that, Mr. Fernandez, the shorter summary? MR. FERNANDEZ: I was under the impression that you had distributed that to -- MR. MOHLKE: I gave that, sir, to your receptionist yesterday at 11:00, and I just presumed that it would be distributed in the normal course of things. But at any rate, it is available to you. And it differs not at all from the material that's been presented to you. It simply highlights it. CHAIRWOMAN MAC'KIE: It would be nice to have. MR. MOHLKE: And it I'm sure is readily available. Let me suggest, some the outcomes which you'll see here are related in part to what I will call the incremental decrease in capacity demands on roadway systems and on water and sewer systems; Page 57 October 12, 1999 that by doing the work in the late spring and early -- yeah, the late winter and early spring period, that you're also seeing a time in which we are traditionally dry, not benefitted by the kinds of storm events that we have been. I use the word benefitted in a certain pejorative sense. But -- COMMISSIONER CONSTANTINE: It's interesting when you say that, because I was just looking at the stormwater drainage system works well near your home. 1995, of course, was the year when we had 18 inches in one day and had all the problems, but because this is in the dry season, 75 percent, the highest until this year, had agreed with it that year. The following year it dropped all the way down to 57 percent, obviously as a result of the 100-year storm. But I appreciate the point. CHAIRWOMAN MAC'KIE: And if I'm understanding you, Chuck, because this is really important and I want to get it, that the time that we're measuring may not be the best to get the most accurate results with regard to transportation and drainage issues specifically. MR. MOHLKE: And I make that point and took this liberty in my comments today -- CHAIRWOMAN MAC'KIE: Appreciate it. MR. MOHLKE: -- because of the discussion that I heard in the early part of your agenda, that it's not beyond the capacity, I think, of the Institute of Government and our firm. This has not been discussed with the League of Women Voters who supply the cadre of interviewers that makes this possible for us to do this on such an affordable base. But it may be appropriate for the board, in its wisdom to judge and the administrator to confirm, that different timing with respect to future studies might be worthy of consideration. CHAIRWOMAN MAC'KIE: I think that's a really important point that we don't want to lose -- COMMISSIONER CARTER: Well, it's interesting, but it seems to me it could be skewed. MR. MOHLKE: It could. COMMISSIONER CARTER: If I go to high -- if I go to the peak of tourist season and I ask about roads, I'm going to get a different number than I'm going to get here. If I go at the end of the rainy season, I'm going to get a different number on stormwater management, so -- MR. MOHLKE: You would. COMMISSIONER CARTER: -- where do you find a happy mix in here -- MR. FERNANDEZ: Madam Chairwoman? COMMISSIONER CARTER: -- so that we don't start skewing numbers? COMMISSIONER CONSTANTINE: And I think the important thing is the consistency from year to year and -- MR. MOHLKE: It is. COMMISSIONER CONSTANTINE: -- not only -- we can get thrown off a little in any individual year, but the number I just cited I think shows that. And that's in the drainage issue -- MR. MOHLKE: Yes. Page 58 October 12, 1999 COMMISSIONER CONSTANTINE: -- is the year following our 100-year storm you had a tremendous dip in satisfaction with that. So I think as long as we're consistent, A, with the question and B, with the timing annually, we get a real reflection of whether we've improved or not. CHAIRWOMAN MAC'KIE: Despite the fact that percentage of actual reality, you know, whether or not the percentage of citizens who approve or disapprove of a particular question, we may not have that accurate but we will at least have trends that are easily measurable. Mr. Fernandez? MR. FERNANDEZ: Madam Chairman, this is also something that I have not had the opportunity to discuss with Mr. Mohlke, but I'm also aware of the fact that in measuring the opinions of your constituents, it's important to use more than one tool. Not just the particular time of year that you use it, but a number of different tools. The telephone survey is very valuable, but it has its drawbacks and it has its advantages. There are written surveys that have their drawbacks and their advantages. Their trained observation, for example, is another tool that can be used. A number of different ways we can get at the same information and really compile a more complete picture than just utilizing this single tool each and every year. I think that gives us a more valid feedback. MR. MOHLKE: The administrator's point is very well taken and ought to be a subject, if you so direct us, to recommend to you in written form for first his consideration in his departmental review, and then for a report back to you. CHAIRWOMAN MAC'KIE: Chuck, I'd certainly like to just get this question out of the way and see if there is direction consensus from the board that we would appreciate your professional recommendations to us about the best possible ways to survey it. It may be exactly what we're doing, it may be with some modification, it may with some addition. Is there any question, board members, that we'd like to get that advise from Fraser and Mohlke? MR. MOHLKE: We'd welcome the opportunity to do that and we'll take this as direction from the board -- CHAIRWOMAN MAC'KIE: Thank you. MR. MOHLKE: -- with the nodded ascent of the administrator that this is appropriate to do. CHAIRWOMAN MAC'KIE: Good. MR. MOHLKE: But we'll follow the protocols and review it first with Mr. Fernandez, and on his agreement bring our recommendations to your attention. CHAIRWOMAN MAC'KIE: Thank you. MR. MOHLKE: Madam Chair, there are two other matters that I would like to comment on that do have a material effect on certain outcomes from time to time. If I may be permitted, let me make one basic generalization here, because I think it's very important. If through the random process of selecting voters who meet our criteria, that they've voted in the last Page 59 October 12, 1999 election or they have registered to vote since the closing of registration of that election, that through the random process of finding the 1,350 names who were presented to us very competently by the supervisor of elections, and then the interviewing done by the League of Women Voters, there is a discernible difference from time to time. Sometimes it's not a statistically significant difference but there's a discernible difference in outcomes, depending upon how long people have lived in their residences. And sometimes just as importantly, where they came from prior to living at the residence that they now live in in Collier County when interviewed. When that percentage is above 60 percent, it has a tendency to increase the no opinion, no answer, I neither agree nor disagree response. It may be related to a number of things. CHAIRWOMAN MAC'KIE: It may just be that they're new and not yet informed. MR. MOHLKE: That's very likely the case. But again, we all have experience -- you elected officials, perhaps more than any of the rest of us, with the difference that we encounter in our communication with residents as to whether or not they are still of a notion that the way things were done in Ohio or Illinois or New York or Massachusetts is perhaps a greater consideration for them in terms of how they evaluate things in Collier County than their own personal experience here, particularly if their tenure is relatively short. The result is that when you have a somewhat heightened no opinion, no response, neither agreeing or disagreeing response, what it has a tendency to do is to lower the level of satisfaction or agreeability more than almost any other consideration. The so-called negatives, I disagree or I am dissatisfied, tend to be relatively invariant over time, with the exception of certain years, which we've already talked in previous meetings about when we've presented this to you before. The most notable examples being 1991 and 1994 in which the word -- the phrase event driven does apply, in my view. And we can get to that, if you choose. But when you see modest incremental increases or declines year to year that are no more than three to five percent in satisfaction or agreeability, that normally translates to the fact that there are people who simply say gee, I don't have an opinion about that, I can't respond to that because I for whatever reason don't feel equipped to answer this question, but simply to say I'm neither satisfied nor dissatisfied, I neither agree nor disagree. And I think it's important to make that point. So as a kind of a key indicator, as you'll read early in these narratives in each of the reports that we've provided to you over time, you might want to look as to whether or not that percent of persons who came to Collier County from a residence outside of Florida is above 60 percent or below 60 percent. If it's above, you may see from time to time some very marginal fluctuations in some of these responses. I don't want to overdo that, but it is a point that is more dependent on randomness and chance than any other consideration. Page 60 October 12, 1999 CHAIRWOMAN MAC'KIE: When you have looked at that, Mr. Mohlke, do you draw any conclusions besides that new residents are more likely to say no opinion? MR. MOHLKE: Well, there is one thing that is very nicely iljustrated by the responses to the Sheriff's questions. And if I could call your attention to that, if you have this short summary in front of you -- CHAIRWOMAN MAC'KIE: We do. MR. MOHLKE: -- and you happen to turn to Page 10. You'll notice performance of the Sheriff's Office. Here you have an interesting example. When you ask a very general question about overall performance, you get a very, very high response. 71 percent of the people say that they yes, believe that the overall performance of the Sheriff's Department is very good. The more specific you get, the higher the number of don't knows and the -- occasionally the higher number on a very specific question, enough deputies to provide adequate public safety to citizens increases. So you'll notice from time to time that when you ask very general questions, the overall appearance of Collier County, no one, quote, cops out, unquote, on a question like that. Everybody has a view. And they're perfectly willing to state it. When you get into more specific questions, traffic control devices keep the -- keep cars moving well in Collier County, you tend to get a different outcome. So as you look at these, you will assist us in the future, I know, in identifying more specific examples of things that you believe are worthy of being inquired about. The more specific, the more guidance. CHAIRWOMAN MAC'KIE: Thank you. MR. MOHLKE: But we'll always use these overall questions as barometers year to year, if you direct us to continue doing that. I don't know that I have a lot of other things that I'd like to comment on here, but I'd be pleased to respond to any questions that you, Madam Chair, or your fellow board members have. CHAIRWOMAN MAC'KIE: One thing that I have. I apologize, having been on the board for now five years and not gotten this calendar straight in my head. But when is the timing for development of the questions for next year's survey? MR. MOHLKE: Interesting that you should ask that. Because the process really begins each fall when the League of Women Voters and its Lively League issues forum -- that happens to be next Monday; sometimes it's in November, depending upon their schedule -- will ask us to come to that forum and share with them the same information we've just now shared with you, using the identical summary of findings that you have before you. Asking them to begin the process of -- as interviewers and as very important participants. Without the League's assistance we couldn't do this work. The process then formalizes itself more in the winter months when we ask, usually at the February meeting, for people to comment on a questionnaire that we have already reviewed at an early stage with the Page 61 October 12, 1999 administrator and then to move that on to review with the board. I've had occasion to talk with two board members this last year, at their request, about matters which they felt were deserving of inclusion in the questionnaire. CHAIRWOMAN MAC'KIE: So if we wanted to suggest a specific question, it would be a good idea to get it to the county administrator by the end of the year, first of the year, at the latest, so it could perhaps be included in the draft that you develop. Although, we have the opportunity to add questions after the fact, I understand that, it's nicer to understand the process and get in it than add on to it. MR. MOHLKE: And Madam Chair, I know you'll understand this comment. We would ask you to suggest topics -- CHAIRWOMAN MAC'KIE: Of course. MR. MOHLKE: -- not trouble yourself with trying to write a question. CHAIRWOMAN MAC'KIE: Thank you. MR. MOHLKE: There are -- MR. FERNANDEZ: Madam Chair, if I could jump in for just a moment. MR. MOHLKE: Yes, please. MR. FERNANDEZ: To refresh your memory, the board in fact did that this last year. The board recommended some additional areas, some new areas of questioning. We submitted that information to Mr. Mohlke. We sat down and talked about the kind of information the board was seeking with that question or with that expression of interest, and then the specific wording of the question was left to him. CHAIRWOMAN MAC'KIE: Of course. Okay, thank you. Board members, questions about any of -- COMMISSIONER CARTER: Well, I think out of this, sometimes it's -- you can reach general conclusions statistically, but you've got to look at the areas of response to identify certain problems. And we never want to lose sight of that as we go through this process. And I think you're right, a lot of this I see where people just don't really have an opinion, which would tell me that also maybe they find this a pretty good place to live and they're not too concerned about some of these issues. They're never concerned about a specific issue until it happens to them. The sheriff is great. The day that they're broken into and they don't get a response time in 30 seconds, suddenly the sheriff is no good and things are terrible in Collier County. So all of that's got to be put into perspective. CHAIRWOMAN MAC'KIE: I had a question. And frankly, to be honest, I'm just using this as an opportunity to highlight a really important answer that I found on Page 27 about whether or not Collier County should provide financial support to social agencies. I read that the overall agreement is 62 percent that we should. And that the City of Naples, 71 percent; central, east and south Naples, 69 percent; North Naples, 63 percent. Could you help me understand, who is central, east and south Naples, which zip codes? MR. MOHLKE: Those would be -- start with 105, 104, 112 and 113. CHAIRWOMAN MAC'KIE: How about, can you tell me by commission districts? Page 62 October 12, 1999 MR. MOHLKE: That is the most interesting question of all. Because there are, in those respective areas, pieces of three county commission districts. In the northern part of that, in 104 and 105, there is a part of the southern portion of Commission District 3. West of Airport Road and south of U.S. 41 to the Lely Outfall Canal is Commission District 4. And the remainder is in Commission District 1. COMMISSIONER CONSTANTINE: I think what's interesting there is those areas that you would anticipate would be the most likely to receive those show the least support. CHAIRWOMAN MAC'KIE: That is interesting. But it also shows that those areas that pay the most taxes, as in 1 and 4 and this area of 3, are willing to have their tax monies spent to support social services in general. You aren't surprised that I would highlight that. COMMISSIONER BERRY: I'm not surprised. COMMISSIONER CONSTANTINE: I just want to comment. And each year it amazes me, and particularly it's interesting to look, you know, 1991, all the way through the Nineties, and watch some of the numbers in some areas, like parks or like waste collection are traditionally fairly consistent. Other areas, you can see very clearly where the public -- there's an ebb and flow and where we have fallen down at times and where we've done very well at other times. And I appreciate the work that Chuck puts into it, but particularly the League of Women Voters. I know they put a tremendous amount of time and effort, volunteer time, into doing the actual questioning, making sure it's all done accurately, and that they're talking with the people of Collier County. So I just want to thank them. CHAIRWOMAN MAC'KIE: Absolutely. MR. MOHLKE: And it should be noted by me that if this narrative is readable and useful to you, you can thank Mrs. Fraser for that, not me. CHAIRWOMAN MAC'KIE: Well, thank you, because it is. MR. MOHLKE: And one last observation here. At some point the board may wish to extend its appreciate to the folks who hire us; namely, the Institute of Government, located at Edison Community College. JoAnne Hartge and the staff there have been very supportive of this effort, and they are the folks that you pay that then pay us for these services. And I'm hopeful that in some manner, Madam Chair, you and the administrator might share the outcome of your discussion with JoAnne Hartge and her staff, and that we also include them in any suggestions that may take place for approaching this research enterprise in a somewhat different manner in terms of how it is scheduled and other matters. It may interest you that the duration of this, we are told -- now, you only have me saying this. You really need to hear this from JoAnne Hartge and others -- is the only consistent effort on the part of county government -- any county government in Florida to do something like this. CHAIRWOMAN MAC'KIE: Is that right? Page 63 October 12, 1999 MR. MOHLKE: That is what I am told. Now, I've seen no documentation of this. And there are from time to time efforts in some counties to do this. MR. FERNANDEZ: Sporadic. MR. MOHLKE: But they're quite sporadic, and they've sometimes become a matter for board discussion, I am told, from other jurisdictions that causes people to believe that this is more divisive and factious than useful. And they have abandoned the effort for a short period of time and then they come back to it from time to time. But this board has been unswerving in its interest in this information, and we hope it's presented to you in a manner that's as objective as can be. And we thank you for the opportunity to be of service. CHAIRWOMAN MAC'KIE: If you'd come to the microphone, please, ma'am, so we can get you on the record. MS. FRASER: I'm Alice Fraser, Chuck Mohlke's partner. This particular project for the League represents their largest fund-raiser. CHAIRWOMAN MAC'KIE: And I absolutely do -- what I was talking to Ms. Filson about -- and apologize for talking while you were talking, Mr. Mohlke -- is that I would very much like to write letters to those three, including Fraser and Mohlke and the League and the Institute, to thank them for their participation. And something just so I don't lose track of it. I wonder if there is -- I would put to you a question that might be for consideration for the next survey, and it has to do with what we heard from the birthday boy today and others about whether or not the public agrees that keeping our millage rate at the lowest possible rate is appropriate, or if the public -- generally, is there agreement or disagreement with the statement that was made at the podium by a couple of people today? That's something I would like to know myself. COMMISSIONER CARTER: Like others here, I would certainly thank you, Chuck, for all the work that you have done on this and the League of Women Voters and Institute for Government Affairs. However, this is a policy decision by a board that we do this. I would look to the administrative side of this, is to look at all of this and say are there certain things that we need to do, and come back to this board and say based on all of this, here is -- here are results that we are looking for. Otherwise, it's nice to do this, we can have these conversations, have these discussions, but what are we going to do with it? CHAIRWOMAN MAC'KIE: Excellent. Because otherwise, I mean, it should tie to things like our pay for performance and other issues. COMMISSIONER CARTER: Whatever the issue is. MR. FERNANDEZ: Madam Chairwoman, as a matter of fact, we do utilize this information in the formulation of our budget recommendations to you. CHAIRWOMAN MAC'KIE: Wonderful. Any other questions for Mr. Mohlke or Ms. Fraser? Page 64 October 12, 1999 If not, thank you so much again for this. And I'm sure you'll hear from us individually as we pour through it and get more specific questions. But thank you very much. MR. MOHLKE: Thank you, Board. CHAIRWOMAN MAC'KIE: If board agrees, let's take an hour for lunch and be back here at 1:00. Okay? COMMISSIONER CONSTANTINE: There's 20 minutes worth of stuff. CHAIRWOMAN MAC'KIE: Do you want to stay? COMMISSIONER BERRY: I'm hungry. COMMISSIONER CONSTANTINE: I just asked. I mean, this really looks like it's 30 minutes' worth of stuff, tops. COMMISSIONER NORRIS: There's five land use matters. COMMISSIONER BERRY: You've got five land use -- CHAIRWOMAN MAC'KIE: We'll take an hour. Be back at 1:00. (Lunch recess.) Item #gA SETTLEMENT OF KLINGERMAN V.S. COLLIER COUNTY, CASE NO. 98-492-CIV-FTM- 23D, PENDING IN THE U.S. DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA -APPROVED CHAIRWOMAN MAC'KIE: We'll call the meeting back to order of the Board of County Commissioners. We are to Item 9(A), recommendation for the settlement of a lawsuit. I have been briefed on this, and am familiar and supportive of the county attorney's recommendation. Does anyone else? COMMISSIONER BERRY: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: MR. FERNANDEZ: No. CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: I think I have as well. I have as well. Motion to approve. Any public comment? Second, maybe? I'll second. I'm sorry. COMMISSIONER CONSTANTINE: The motion was? CHAIRWOMAN MAC'KIE: To approve the settlement recommendation. All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes 4-0. Commissioner Carter is on his way, I'm sure. Page 65 SETTLEMENT AGREEMENT AND MUTUAL RELEASE OCT ! 2 199 This Settlement Agreement and Mutual Release ("Ag:,sement and Release") is entered into and made on this /~day of January, 2000 by and. between Collier County, Matt Vila, Jeffrey Page and Stephen Rockey (collectively referred to herein as the "Defendants") on the one hand and Laurie Klingerman ("Ms. Klingerman") on the other hand, with respect to Case No. 98-492-CIV-FTM-23D, filed in the United States District Court for the Middle District of Florida, as well as all claims or controversies between the Defendants and Ms. Klingerman that could have been asserted in that case or that in any way relate or refer to or arise directly or indirectly from Ms. Klingerman's employment with the County through the effective date of this Agreement and Release. WITNESSETH: WHEREAS, Ms. Klingerman has filed an action against the Defendants in the United States District Court for the Middle District of Florida, and that action is styled Laurie Klingerman v. Collier County Board of County Commissioners, Stephen Rockey, Jeffrey Page and Matt Vila, Case No. 98-492-CIV-FTM-23D (hereinafter referred to as the "Lawsuit"); WHEREAS, Ms. Klingerman has alleged various claims against the Defendants in the Lawsuit and the Defendants have filed answers and affirmative defenses; WHEREAS, Ms. Klingerman and the Defendants, without admitting any liability or fault by either or any of them, recognize the cost and uncertainties of litigation and now desire to fully and finally resolve any and all claims, known or unknown, that were asserted or that could have been asserted by Ms. Klingerman in the Lawsuit, and also desire to fully and finally resolve any and all claims, whether known or unknown, that relate or refer in any way to or arise directly or indirectly from Ms. Klingerman's employment with the County through the effective date of this Agreement and Release; WHEREAS, Ms. Klingerman and the Defendants desire to reduce their compromise of the Lawsuit and all claims that could have been asserted in the Lawsuit or 0 CT I 1999 that relate or refer in any way to or arise directly or indirectly from Ms. Klingerman's employment with the County through the effective date of this Agreement and Release to a writing so that it may be binding upon Ms. Klingerman and the Defendants and their respective predecessors, successors, heirs, assigns, employees, former employees, elected officials, officers, agents, representatives, attorneys, insurers, sureties and affiliates; NOW, THEREFORE, in consideration of the mutual covenants, promises and considerations set forth in this Agreement and Release, the sufficiency of which is hereby acknowledged, and with the intent to be legally bound, Ms. Klingerman and the Defendants mutually agree to the following: 1. Ms. Klingerman and the Defendants agree to adopt and incorporate the foregoing recitals, sometimes referred to as "Whereas clauses", by reference into this Agreement and Release. 2. Ms. Klingerman hereby agrees to dismiss the Lawsuit with prejudice and to release the Defendants from any and all claims that she asserted or could have asserted in the Lawsuit as well as all claims, whether known or unknown, that relate or refer in any way to or arise directly or indirectly from Ms. Klingerman's employment with the County through the effective date of this Agreement and Release. In consideration of Ms. Klingerman's agreement to dismiss the Lawsuit with prejudice and to release the described claims, the Defendants each agree to release Ms. Klingerman from any and all claims they could have asserted against her in the Lawsuit or otherwise, whether known or unknown, through the effective date of this Agreement and Release. 3. Defendants and Ms. Klingerman further agree and acknowledge that in entering into this Agreement and Release, they have waived their rights to pursue their respective attorneys' fees and costs incurred in the Lawsuit, provided that nothing in this Agreement and Release shall be construed to alter the County's agreement to pay for the attorneys' fees and costs incurred by Mr. Vila, Mr. Page and Mr. Rockey. 0 C T 3 2 199 4. Ms. Klingerman agrees to assist her attorney in preparing and filing a Stipulated Notice of Dismissal with Prejudice in the Lawsuit and also agrees that such a Notice shall be filed immediately upon execution of this Agreement and Release by Ms. Klingerman and the Defendants. 5. Ms. Klingerman represents and warrants to the Defendants that, with the exception of any workers' compensation claim she may have pending, she has not filed any other charge, lawsuit, claim or any other action against the Defendants or any entity or natural person that is or has been associated with, controlled by or under common control with/of the County. 6. Except for any claim to enforce the terms and conditions of this Agreement and Release or any workers' compensation claim, Ms. Klingerman, on behalf of herself and any and all of her heirs, executors, administrators, legal representatives and assigns, shall and hereby does fully, finally and unconditionally release, acquit, remise, satisfy and forever discharge Mr. Vila, Mr. Page, Mr. Rockey and the County, as well as the Defendants' respective elected officials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties, heirs, assigns and affiliates from any and all manner of action or actions, cause or causes of action, suits, debts, dues, sums of money, accounts, reckonings, covenants, charges, damages, obligations, liabilities, contracts, attorney's fees, costs, promises, judgments, executions, claims, complaints, legal or equitable and whether known or unknown that Ms. Klingerman has asserted in the Lawsuit or that Ms. Klingerman had, or now has or may have against the Defendants or their respective elected officials, officers, employees, former employees, attorneys, agents, representatives, predecessors, successors, insurers, sureties, heirs, assigns and affiliates relating or referring in any way to or arising directly or indirectly from the claims or allegations in the Lawsuit, or that could have been made in the Lawsuit or that relate or refer in any way to or arise directly or indirectly from Ms. Klingerman's employment with the County up to and through the effective date of this Agreement and Release, including but not limited to, claims in any way pertaining to a claim of discrimination or retaliation pursuant to Title VII of the Civil Rights Act of 1964, as 0 CT 1 2 199 amended, the Civil Rights Act of 1991, the Age Discrimination in Employment Act (29 U.S.C. § 621 et seq.), the Americans with Disabilities Act, the Family and Medical Leave Act, the Employment Retirement Income Security Act of 1974, the Florida Civil Rights Act, the U. S. Constitution, the Florida Constitution, or under any other federal, state or local statute or act, ordinance, regulation, custom, rule, or policy, or any cause of action in contract or tort, including any intentional tort, or any instruments, agreements or documents entered into by, between, or among Mr. Vila, Mr. Page, Mr. Rockey, the County or Ms. Klingerman. 7. (a) Ms. Klingerman has never asserted any claim of age discrimination against Mr. Vila, Mr. Page, Mr. Rockey or the County and hereby acknowledges and agrees that she has never had any such claim at any time through the effective date of this Agreement and Release. Nevertheless, and for the sole purpose of complying with the release and waiver provisions of the ADEA, Ms. Klingerman acknowledges, understands and agrees that she may revoke this Agreement and Release for a period of seven (7) calendar days following execution of this Agreement and Release. This Agreement and Release is not effective until this revocation period has expired. Ms. Klingerman understands and agrees that for any such revocation to be effective, the revocation must be in writing and must be sent via telefacsimile to the Office of the County Attorney to the attention of Michael W. Pettit, telefacsimile number (941) 774-0225 within seven (7) days of execution of this Agreement and Release. Ms. Klingerman also agrees and acknowledges that any such revocation would have no effect upon the settlement and release of any of her claims in the Lawsuit or otherwise except to the extent those claims were based upon age discrimination and that any and all of her other claims against the Defendants, whether made in the Lawsuit or otherwise, would continue to be subject to this Agreement and Release. (b) Ms. Klingerman further understands that she is entitled to consider this Agreement and Release for twenty-one (21) days prior to her execution of this Agreement and Release and, by executing this Agreement and Release, she acknowledges that she has been given the opportunity to consider this Agreement and Release for said twenty-one (21) days. 4 (c) Ms. Klingerman understands and agrees that she has been advised to consult with an attorney prior to executing this Agreement and Release and that she has had sufficient opportunity to discuss this Agreement and Release with her attorney, Toni Horne, prior to this Agreement and Release's execution. 8. Except for any claim to enforce the terms and conditions of this Agreement and Release or any defense the County may have to any workers' compensation claim Ms. Klingerman has or that may arise through the effective date of this Agreement and Release, Mr. Vila, Mr. Page, Mr. Rockey and the County shall and hereby do fully and finally remise, release, acquit, satisfy and forever discharge Ms. Klingerman, her attorneys, agents, successors, insurers, sureties, predecessors, heirs and assigns from any and all manner of action or actions, cause or causes of action, suits, debts, dues, sums of money, accounts, reckonings, covenants, contracts, attorney's fees, costs, promises, damages, judgments, executions, claims or demands whatsoever, whether at law or in equity and whether known or unknown, which Mr. Vila, Mr. Page, Mr. Rockey or the County had, now has, or may have against Ms. Klingerman arising directly or indirectly out of or relating in any way to Ms. Klingerman's employment with the County through the effective date of this Agreement and Release or any claim or allegation that Ms. Klingerman has asserted or could have asserted in the Lawsuit. 9. Ms. Klingerman represents and warrants to the Defendants that she is authorized to enter into and that she has the authority to perform the terms of this Agreement and Release and that she has not sold, assigned, transferred, conveyed or otherwise disposed of all or any portion of the claims she has released and discharged in this Agreement and Release. 10. This Agreement and Release is the result of a compromise of disputed claims and it is understood that the execution and performance of this Agreement and Release by Mr. Vila, Mr. Page, Mr. Rockey and the County do not constitute, nor shall it be construed as, an admission that any of them have violated any law, statute, rule, regulation or ordinance of either the United States or the State of Florida or breached any duty owed to 0 2 199 Ms. Klingerman under federal, state or local law, policy or practice, with respect to Ms. Klingerman's employment with the County, or in any other matter, or that any of Ms. Klingerman's claims have any merit whatsoever. Mr. Vila, Mr. Page, Mr. Rockey and the County expressly deny any and all such wrongdoing. 11. Florida. This Agreement and Release shall be governed by the laws of the State of 12. This Agreement and Release is freely and voluntarily executed by Mr. ¥ila, Mr. Page, Mr. Rockey, the County and Ms. Klingerman after they have been apprised of all relevant information concerning this Agreement and Release and after they have received advice of their respective counsel. In executing this Agreement and Release, Ms. Klingerman and the Defendants do not rely on any inducements, promises, representations other than the promises and representations set forth in this Agreement and Release. In this regard, Ms. Klingerman and the Defendants acknowledge that this Agreement and Release is the product of mutual negotiation and no doubtful or ambiguous provision in this Agreement and Release is to be construed against any party based upon a contention that the party drafted the ambiguous language or that the party was intended to benefit from the language or clause in question. 13. This Agreement and Release may be amended only by a written instrument specifically referring to this Agreement and Release and executed with the same formalities as this Agreement and Release. 14. Should any provision of this Agreement and Release be declared or be determined by any Court to be illegal or invalid, the validity of the remaining parts, terms, provisions, shall not be affected thereby and such an illegal or invalid part, term or provision shall be deemed not to be part of this Agreement and Release. 15. In the event of an alleged breach of this Agreement and Release, Ms. Klingerman and the Defendants hereby agree that all underlying causes of action or claims of Ms. Klingerman and the Defendants have been extinguished by this Agreement and 0 2 999 Release and that the sole remedy for breach of this Agreement and Release shall be for specific performance of its terms and conditions. In this regard, Ms. Klingerman and the Defendants further agree that the sole venue for any such action for specific performance shall be the United States District Court for the Middle District of Florida or the Twentieth Judicial Circuit in and for Collier County, Florida in Naples, Florida. 16. The parties hereto agree that this Agreement and Release supersedes and replaces all'prior agreements and understandings and that it cOnstitutes the entire agreement between Ms. Klingerman and the Defendants and that there exist no other agreements, oral or written, between them relating to any matters covered by this Agreement and Release or any other matter whatsoever. 17. This Agreement and Release may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 18. Except as expressly provided for herein, the parties represent and warrant that in executing this Agreement and Release, they do not rely upon and have not relied upon any oral or written representation, promise, warranty or understanding made by any of the parties or their, representatives with regard to the subject matter, basis or effect of this Agreement and Release. 19. The parties acknowledge and assume the risk that facts, additional and different or contrary to the facts which they believe to exist, may now exist or may be discovered after this Agreement and Release has been entered, and the parties agree that any such additional, different or contrary facts shall in no way limit, waive, affect or alter this Agreement and Release. 20. Notwithstanding anything else may be to the contrary in this Agreement and Release, the effective date of this Agreement and Release shall be the date of its signature by the County. 7 OCT i 2 1999 21. Defendants further agree not to disclose Ms. Klingerman's medical records, any information contained in those medical records, or any of the photographs obtained through the discovery process in this case except as directed by a court of competent jurisdiction or as required by the Florida Public Records Law. IN WITNESS WHEREOF, Ms. Klingerman and the Defendants having executed this Agreement and Release, which consists of 11 pages, on the dates set forth below next to their respective signatures and as sworn to and acknowledged by Employee. DATED: \ b\~\ ~,~, ' ,.-'}'~.,?,.!},['.~'.~;DWi,"~/..J-~J~ E: BROCK, Clerk ':,.. ~- '- "2 F~.:,:~:J:,- '~-g" .'.' ,' :': '% ."2) '~'.:~:'~'..~'' i,, "r"%' ..:' ' l ..... ,,,, ....... ',~t~t~ BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Date of Signature: ~ LA"URIE KLII',JGI~RM,~ / Date of Signature: THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN LAURIE KLINGERMAN AND DEFENDANTS COLLIER COUNTY~ MATT VILA, JEFFREY PAGE AND STEPHEN ROCKEY WAS SWORN TO and subscribed by Laurie Klingerman before me this //-r~ day of January, 2000. Signature of Notary Public Personally Known Produced Identification 8 omc..~ Ncn'~¥ SEAL I S~ L MEDIAVILLA INOfARY ~ ~A~ ~ ~A ~ION NO. ~ ~ ~M~ION ~. ~ ~ Commission~ Name of Nota~ Public (Please print, ~pe or stamp) Type of Identification Produced 0 CT ! 2 1999 My Commission expires: MATT VI LA Date of Signature: THIS. SETTLEMENT AGREEMENT AND RELEASE BETWEEN LAURIE KLINGERMAN AND DEFENDANTS COLLIER COUNTY, MATT VILA, JEFFREY PAGE AND STEPHEN ROCKEY WAS SWORN TO and subscribed by Matt Vila before me this .-~ 7-~ day of January, 2000. Signature of Notary Public ~ L MEDIAVILLA NOTARY PUBLIC bi'ATE OF FLORIDA COMMI~ION NO, CC844044 ~M~ COMM~o~ION KKP. ~ 6~008 Commissioned Name of Notary Public (Please print, type or stamp) Personally Known ~ or Produced Identification Type of Identification Produced My Commission expires: ~'/~,/o ~ 9 2 JEFFR~~ Date of Signature: THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN LAURIE KLINGERMAN AND DEFENDANTS COLLIER COUNTY, MATT VILA, JEFFREY PAGE AND STEPHEN ROCKEY WAS SWORN TO and subscribed by }effrey Page before me this .~ 7~ day of January, 2000. Signature of Notary Public I ~zo~ ~. c~ Commissioned Name of Nota~ Public (Please print, type or stamp) Personally Known Produced Identification or Type of Identification Produced My Commission expires: Date of Signature: c~/-/¥-.o~ THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN LAURIE KLINGERMAN AND DEFENDANTS COLLIER COUNTY~ MATT VILA, IEFFREY PAGE AND STEPHEN ROCKEY WAS SWORN TO and subscribed by Stephen Rockey before me this / ~'/r~'day of January, 2000. 10 0 C T ~ 2 199§ Signature of Notary Public ~ L MEDIAVILLA NOTARY PUBLIC STATE O~ FLORIDA COMM~ON NO. CC844044 Commissioned Name of Notary Public (Please print, type or stamp) Personally Known or Produced Identification Type of Identification Produced My Commission expires: ~/~ / o 3 Approved as to form and legal sufficiency: Assistant County Attorney h:Lit~lingerman-SettleAgree& Rel-mwp 11 October 12, 1999 Item %9B RESOLUTION 99-389 ORDERING AND CALLING FOR THE ELECTION OF MEMBERS TO THE BOARD OF SUPERVISORS OF THE LELY COMMUNITY DEVELOPMENT DISTRICT BY QUALIFIED ELECTORS TO BE HELD BY PAPER BALLOT ON NOVEMBER 16, 1999 - ADOPTED We have this paper ballot that we have to have for the Lely Community Development District to adopt -- we need to elect a board of supervisors. COMMISSIONER CONSTANTINE: What's the action that you require on that? CHAIRWOMAN MAC'KIE: We have to declare the -- MR. WEIGEL: The board approves a resolution calling and ordering the election for November 16th. CHAIRWOMAN MAC'KIE: Rather perfunctory. COMMISSIONER CONSTANTINE: So moved. COMMISSIONER BERRY: Second it. CHAIRWOMAN MAC'KIE: Discussion? All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. Page 66 1999 RESOLUTION NO. 99- 389 A RESOLUTION ORDERING AND CALLING FOR THE ELECTION OF MEMBERS TO THE BOARD OF SUPERVISORS OF LELY COMMUNITY DEVELOPMENT DISTRICT BY QUALIFIED ELECTORS, TO BE HELD BY PAPER BALLOT ON NOVEMBER 16, 1999, AS SET FORTH IN SECTION 190.006, FLORIDA STATUTES, AS AMENDED. WHEREAS, The Lely Community Development District was established by Rule No. 42K-1, Florida Administrative Code, approved and adopted on December 18, 1990 by the Florida Land and Water Adjudicatory Commission, acting pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended, and Rule 42-K1, F.A.C.; and WHEREAS, as outlined in Section 190.006, Florida Statutes, as amended, a Community Development District of less than 5,000 acres in area must elect members of the Board of Supervisors by qualified electors after a minimum of six years and if there are at least 250 qualified electors in a district. WHEREAS, the area served by the district is approximately 1,538 acres; and WHEREAS, the number of qualified electors has reached and now exceeds 250 members; and WHEREAS, the Community Development District has been in existence for more than six (6) years; and WHEREAS, three of the members of the Board of Supervisors whose terms are expiring or have expired are required to be elected by qualified electors, pursuant to Section 190.006, Florida Statutes, as amended; and WHEREAS, the Board of County Commissioners of Collier County, Florida, pursuant to general law, herein calls the special paper ballot election for the election of members to the Board of Supervisors for Lely Community Development District by qualified electors as set forth in Section 190.006, Florida Statutes, as amended. - 1 - {}CT 1 2 1999 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE. ELECTION CALLED The election is hereby ordered and called to be held on November 16, 1999 by paper ballot for the purpose of electing three members to the Board of Supervisors of the Lely Community Development District by qualified electors as provided for in Section 190.006, Florida Statutes, as amended. Seat No. 1 shall be elected for a 4 year term. Seat No. 3 shall be elected for a 4 year term. Seat No. 5 shall be elected for a 4 year term. SECTION TWO. QUALIFYING WINDOW FOR CANDIDATES Ail candidates shall be qualified electors of the District. The qualifying window for candidates shall be from 8:00 a.m. on Monday, October 18, 1999, through 5:00 p.m. on Tuesday, October 19, 1999. SECTION THREE. PERSONS ENTITLED TO VOTE. The persons entitled to vote in the election shall be all the qualified electors residing within the territorial boundaries of the Lely Community Development District, as described in the metes and bounds legal description of the external boundaries of the District, a copy of which is attached hereto as Exhibit "A" Per Florida Statutes, the Supervisor of Elections shall close voter registration books on Monday, October 18, 1999. SECTION FOUR. PAPER BALLOT AND ELECTION OFFICIALS. The election shall be held by paper ballot within the territorial boundaries of the Lely Community Development District as described in "A". The paper ballot election shall be conducted by election officials appointed by the Supervisor of Elections pursuant to applicable general law. SECTION FIVE. FORM OF THE BALLOT. A. The paper ballot to be used in said election shall be in substantially the following form: - 2 - OCT 1 2 1999 OFFICIAL BALLOT BOARD OF SUPERVISORS ELECTION FOR LELY COMMUNITY DEVELOPMENT DISTRICT - NOVEMBER 16, 1999 SEAT NUMBER ( YEAR TERM) [Vote for no more than one (1)] name Name name Name name Name name Name name Name B. The Supervisor of Elections shall include on all paper ballots such instructions to voters as are necessary. SECTION SIX. NOTICE OF ELECTION. The Clerk of this Board shall publish a notice of the election by paper ballot in the Naples Daily News, a newspaper of general circulation published in Collier County, Florida. There shall be at least thirty (30) days notice of said election, with publication to be made at least twice, once in the fifth week and once in the third week prior to the week in which the election is to be held. Said notice shall be in substantially the following form: NOTICE OF BOARD OF SUPERVISORS FOR LELY COMMUNITY DEVELOPMENT DISTRICT ELECTION BY PAPER BALLOT NOTICE IS HEREBY GIVEN, that an election by paper ballot be held on November 16, 1999, within the territorial of the Lely Community Development District as will boundaries described in "A" to elect members to Seats 1, 3 and 5 of the Board of Supervisors by qualified electors. The election shall be conducted by election officials appointed by the Supervisor of Elections pursuant to applicable general law. All qualified electors residing within the territorial boundaries of the Lely Community Development District as described in "A" may vote by paper ballot in said election. - 3 - OCT 1 2 1999 Absentee voting may be permitted upon compliance with applicable provisions of general law. This Resolution adopted this ~.day of ~g~__, 1999 after motion, second and majority vote favoring same. . ,, ~, , ,',, ATTEST *."'?..: DWI G h.~ iE ':'i':.?'.B'ROC K, Clerk i:' :. ~ ' , .. i~~. ,:,~..' ltt~st: aS to Satrman'~ ~ ~.,nature 0nly. Approved as to form and legal suffic±ency: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, CHAIRWOMAN D'avfd- C:- Weig~i County Attorney h:/dda/99resolutions/Lcly CDD election of supervisors - 4 - EXHIBIT "A" NOV 2 5 '1997 OCT 1 2 1999 Legal Description for LELY COMMUNITY DEVELOPMENT DISTRICT DE?,CRIPTION: A]I. that part of Sections 211, ~'1, 28, 33 and 34, Township 50 Sourly, Range 25 East: and part o~ Section 3, Tc~wnship 51 South, Range 26 East, Co].].ier County, Florida, and being more l~art%cu]ar]y described as follows: -; Begin at the southwest corner of said .~3~.ct]on ~.8; thence along l'h,~ west 1.ine of sa%.d Section 28, North 02"4';'55" East 1226.36 feet to a'point on the boundary of that ].and described, in O.R. Book 542, pa.ge 765; thence a].ong the boundary of said land in the f~.,llowi,~g three [3) described courses; ].) South 8'l"12'05" E~st 969.[{4 feet; 2) North (12"47'40" Ea.~t ]'10~.00 feet; 3) :.North' · 78°47'47" Went 1456.15 feet t.o a po.~nt on the west li,~e ~eek'ion 28; thence along t:he went line of said Section 28, North 0'2"5b'16" F. ast .117'1.76 feet t:~) t.h~. 1~ort:hwest corn~-~r Page 1 of 6 OCT ! 2' 1999 'ur z 1997 O. R. Book 1244, page 983; thence along the east:erl.y line of said land in the following tw6 {2} described courses; 1) North 26"13'32" East 345.51 feet; 2} North 32"20'11" West 236.05 feet to a point on the west line of said Section 21; thence along said west line North 02"58'09" East 181.54 feet; thence leaving said line south 33"13'52" East 243.49 feet; thence southeasterly 291.20 feet along the arc of a circular curve concave northeasterly having a radius of 690.00 feet through a central angle of 24.~10'5(]'' and being subtended by a chord which bears '17" Ea.~t 289.04 feet thence South 5702.4'42'' East South 45'" 19' ; 1289.45 feet; thenc:~, easterly 563.65 feet along the arc of a circular curve concave northerly having a radius of 1230.00 feet through a central angle of 26"15'22" and being subtended by a chord which bears South 70"32'23" East 55'8.7~ feet; thence South 83"40'04" East 1300.00 feet; thence southeasterly 1187.52 feet along the arc of a circular curve concave southwesterly having a iadius of 1260.00 feet through a central angle of 54"00'00" and being subtended by a chord which bears South 56"40'04" East ]144.06 feet; thence South 29"40'04" East 1073.38 feet; thence southeasterly 415.41 feet along the arc of a circular curve concave northeasterly having a radius of 1940.00 feet through a central angle of 12"16'07" and being_subtended by a chord which bears South 35"48'08'~ East 414.62 feet; thence South 41"56'11" East 47.84 feet; thence North 48"03'49" East 90.00 feet; thence northerly 122.72 feet along the arc of a. circular curve concave westerly having a radius of 125.00 feet through a central angle of 56"15'00" and being .~ubtended by a chord which bears North 1.9"56']9" East 117.85 feet; thence North 08"11'11" West 70.00 feet; thence North. 53"11']~" West 70.7! feet thence North Page 2 of 6 .. 0 CT 'q !999 a U V 2 5 1997 08"11'11" West 200.00 feet.; thence North 81048'49" East 170.00 feet; thence South 08°11"11''' East 100.00 feet; thence south 8.l"48'49" West 35.00 feet; thence South 08"11'11" East 220.00 feet:; t~ence southerly 206.17 feet along the arc of a circular curve concave wenterly having a radius of 210.00 feet through a central angle of 56"15'00" and being subtended by a chord which bears South 19"56'19" West 197.99 feet; thence South West 90.00 feet; thence South 41"56'11" East 581.~4 feet; thence southeasterly, easterly and northeasterly 35.94 .feet along the I arc of a c~rcular curve concave northerly having a ~adius of 25,00 feet through a central angle of 82"22'19" and being s~tbtended by a chord which bears South 83"07'21" East 32.93 feet; thence North 55"41'30" East 518.58 feet; thence northeasterly 439,82 feet along the arc of a circular curve concave northwesterly having a radius of 560.00 feet through a central angle of 45000'00'' and being subtend'ed by a chord which bears. North 33°].1'30'' East 428.61 feet; thence North 10"41'30" East 208.40 feet; thence northeasterly 393,40 feet along the arc of a circular curve concave southeasterly having a radius of 715.00 feet through a central angle of 31"31'30" and being subtended by a chord which bears North 26"27'15" East 388.46 feet; thence North 42"13'00" Eas.t 136.91 feet; thence northeasterly, northerly and northwesterly 37.43 feet along the arc of a circular curve concave westerly havin~ a radius of 25.00 feet through a central angle of 85"47' 21" and being subtended b~ a chord which bears Nor.th 00"40'41" West 34.03 feet to a point of reverse curvature; thence northwester].¥ 88.85 feel' al¢~ng ~ho. arc of a circular curve concave northeasterly having a radius of ].405.00 feet through a central angle of 03"37'24" and be~n9 subtended by a chord which Page 3 of 6 .f OCT ? 1999 2 5 1997 ~e~rs Ho=th 4~-'4~'39" Nes~ BB.84 ~eet; thence along a non- r. an.qent:ial line Horch 50"'03'03" ~as~ 160.00 £eet; thence South 39°56'57" East 86.63 feet; thence southeasterly 484.36 feet along the arc ~f a circular cur~e concave northeasterly having a radius of 1067.38 feet through a central angle of 26"00"00" and being subtended by a chord which bears South 52"56'57" East 480.22 feet; thence South 65"56'57" East 1470.00 feet; thence easterly 309.'39 feet along the arc of a circular curve concave northerly having a radius of 765.00 feet through a central 'angle of 23°11~13'' and beinG subtended by a chord which bears South 77°32'34'' East 3(~'7.4R feet; thence South 89°08'10" East:. 616.58 f~et; thence easterly 170.84 feet along the arc of a circular curve concave northerly having a radius of 779.00 feet through a central angle of 12"33' 54" and being subtend~ by a chord which bears North 84°34'53'' East 170.49 feet to a point of reverse curvature; thence easterly 163.38 feet along the arc of a circular curve concave southerly having a radius of 745.00 feet through-a central angle of 12"33'54" and being subtended by a chord which bears North 84"34'53" East 163.05 feet; thence South 89"08'10" East 16.92 feet; thence easterly 163.38 feet along the arc of a circular curve concave sbuther]y having a radius of 745.(]0 feet through a central angle of ].2"33'54" and being subtended by a chord which bears South 82"51'13" East 163.05 feet to a point of reverse curvat~re; thence easterly 170.84 feet along the arc of a circular curve concave northerly having a radius of 779.00 feet through a central ang].e of 12"33'54" and being subtended by a chord which bears South 82"51'13" East 170.49 feet.; thence South B9°08'10'' East 235.00 feet to a ~n the pr'oposed we. ster~y right--of-way line ~ C.R. 951, Isle Page 4 of 6 eOT ? 999 NOV 2 5 1997 Capri Road; thence run along said proposed r%ght-o[-way line in the roi. lowing three (3)'described courses being parallel with and 25 feet westerly of the existing right-of-way of C.R. 951; 1) South 00°51'41'' West 2434.47 feet; 2) southerly'1695.32 feet along the arc of a circular curve concave westerly having a radius of 2789.93 feet through a central angle of 34"48'58" and being subtended by a chord which bears Sou~h 18"16'10" West 1669 36 feet; 3) South 35"40'39" West 5513.54 feet to a point on the northwesterly line of that land described in o. R. Book 124, page 4~9; t~ence leaving said right,of-way linc'and along the northeasterly line of said land, North 54"20'24" West 194.98 feet; thence along t~e northwesterly line.of said land, South 35040'39'' West 219.95 feet to a point on the northeasterly right-of-way, line of U.S. '41, Tamiami Trail; thence along maid right-of-way line North 54020'24'' West 325.00 feet to the southerlymost corner of that land described in O. R. Book 1173, page 789; thence along the southeasterly line of said land, North 35040'39'' East ~75.00 feet; thence along the northeasterly line of said land, North 54"20'24" West 170.00 feet; thence along the northwesterly line of said land, South 35040'39'' west 2~5.00 feet to a.point on the northeasterly right-of-way line of U.s. 41, Tamiami Trail; thence along said right-of-way line, North 54"20'24" Wesl: 959.3.2 feet; thence continue along said right-of- way line North 54"25'09" West 3328.63 feet to a point on the north and south 1/4 section line of said'Section 33; thence along said north and 'south 1/4 section line North 02"43'23" East 3282.44 feet to the north 1/4 corner of said Secti6n 33; thence along the south line of said Section 28, North 89"33'01" West 2626.87 fe~t to the Point o'f Beginning; conta~n~.ng ].538.;7 a~:r~s Page 5 of 6 more bearin¢~s are based on the 'wesl: line of said Secti¢~n North ~.058'09" East. Page 6 of 6 October 12, 1999 Item #10A RESOLUTION 99-390 APPOINTING CHARLES VANGELDER AND MATTHEW HUDSON TO THE GOLDEN GATE ESTATES LAND TRUST COMMITTEE - ADOPTED Golden Gate Estates Land Trust -- COMMISSIONER CONSTANTINE: Madam Chairman, there's two openings and two applicants. I'll make a motion we approve -- COMMISSIONER BERRY: Second. COMMISSIONER CONSTANTINE: -- Mr. VanGelder and Mr. Hudson. CHAIRWOMAN MAC'KIE: All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Page 67 RESOLUTION NO. 99-$90 A RESOLUTION REAPPOINTING MEMBERS TO THE GOLDEN GATE ESTATES LAND TRUST ADVISORY COMMITTEE WHEREAS, Collier County Ordinance No. 87-48 created the Golden Gate Estates Citizens Advisory Committee and provided that the Committee shall consist of five (5) members; and WHEREAS, Ordinance No. 87-48 was amended by Ordinance No. 94-40 which renamed the Committee the "Golden Gate Estates Land Trust Advisory Committee;" and WHEREAS, the terms of two (2) members will expire on October 13, 1999, creating vacancies 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: 1.' Charles P. Van Gelder, representing the Phase I category, is hereby reappointed to the Golden Gate Estates Land Trust Advisory Committee for a four year term, said term to expire on October 13, 2003. 2. Matthew G. Hudson, representing the Phase I category, is hereby reappointed to the Golden Gate Estates Land Trust Advisory Committee for a four year term, said term to expire on October 13, 2003. This Resolution adopted at, er motion, second and majority vote. ~D3~TE~: October 12, 1999 ATTEST~::~:% ~ttest as ~ sianat~e. and approvea as m ~o~ legal sufficiency: David C. weigei ' County Attorney DCW/kn BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: PAlVIE~~ October 12, 1999 Item #10B RESOLUTION 99-391 APPOINTING JOHN THOMPSON AND THOMAS FRANCHINO TO THE HISTORICAL/ARCHAEOLOGICAL PRESERVATION BOARD - ADOPTED Historical Archaeological Preservation Board. COMMISSIONER BERRY: There are two members, two terms and three people, and I would go with the committee recommendation of Mr. Franchino and Mr. Thompson. CHAIRWOMAN MAC'KIE: COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: Opposed? (No response. CHAIRWOMAN MAC'KIE: Can I get a second? Second. All in favor, please say aye. Passes unanimously. Page 68 RESOLUTION NO. 99-391 R~SOLUTION REAPPOINTING MEMBERS TO THE .:~ST©R~C/A~CHAEOLOGICAL PRESERVATION BOARD WHEREAS, Collier County Ordinance No. 91-70 created the Historic/Archaeological Preservation Board and provides that the County Commission shall appoint seven (7) members to the Historical/Archaeological Preservation Board; and WHEREAS, there are currently two archaeology and real estate; and WHEREAS, the Board of County (2) vacancies on this board for the categories of 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. Thomas W. Franchino, representing the category of Real Estate, is hereby reappointed to the Historic/Archaeological Preservation Board for a 3 year term, said term to expire on October 1, 2002. 2. John W. Thompson, representing the category of Archaeology, is hereby reappointed to the Historic/Archaeological Preservation Board for a 3 year term, said term to expire on October 1, 2002. This Resolution adopted at~er motion, second and majority vote. ATED: October 12, 1999 Clerk Approv~ as to fora ~d ieg~ sufficiency: Dahd C. Weigel County Attorney ~W~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: PAMELA S. MAC'KIE, Chairwoman October 12, 1999 Item #10C RESOLUTION 99-392 APPOINTING T.M. HAYES TO THE HOUSING FINANCE AUTHORITY - ADOPTED COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: there a second for that? COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: Opposed? (No response.) CHAIRWOMAN MAC'KIE: Madam Chairman, I'll recommend T.N. Hayes. Okay, on the Housing Finance Authority. Is I'll second that. Ail in favor, please say aye. That passes unanimously. Page 69 OCT 1 2 1999 RESOLUTION NO. 99- 3 9 2 A RESOLUTION OF APPOINTMENT TO THE HOUSING FINANCE AUTHORITY OF COLLIER COUNTY WHEREAS, the Board of County Commissioners of Collier County created the Housing Finance Authority of Collier County (the "Authority") by Ordinance No. 80-66 on July 29, 1980; and :. WHEREAS, the Board has appointed certain individuals as members of the Authority; and WHEREAS, Charles Dauray resigned as a member of the Authority; and WHEREAS, the Board desires to appoint the individual named herein to be a member of the Authority. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Clerk of the Circuit Court as provided by law. This Resolution adopted this 12thday of October majority vote favoring same. T. M. Hayes is hereby appointed to serve a term of four years as a member of the Housing Finance Authority of Collier County said term to expire October 12, 2003. This Resolution shall constitute a Certificate of Appointment and shall be filed with the , 199~aiier motion, second and -DWIGI-r-I';.E :;BROCK, Clerk ::.:':, :.:,:'.:.' '..~_ ~ s ¥~iture ~1 ~. Approved as to ~o~ and legal su~ciencT: County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B y: P AME~~OMAN October 12, 1999 Item #10D RESOLUTION 99-393 APPOINTING JAMES DRAYTON TO THE BLACK AFFAIRS ADVISORY BOARD = ADOPTED COMMISSIONER CONSTANTINE: Next item is one and one. CHAIRWOMAN MAC'KIE: Black Affairs Advisory Board. COMMISSIONER CONSTANTINE: Mr. Drayton. I'll make a motion we approve. COMMISSIONER BERRY: Second. CHAIRWOMAN MAC'KIE: Ail in favor, please say aye. Opposed? (No response.) Page 70 RESOLUTION NO. 99-393 ~ RESOLUTION APPOINTING JAMES A. DRAYTON TO THE BLACK AFFAIRS ADVISORY BOARD. WHEREAS, Collier County adopted Ordinance No. 91-38 creating the Black Affairs Advisory Board, which provides that the Advisory Board shall consist of seven (7) members; and WHEREAS, Collier County Ordinance No. 91-77 amended Ordinance No. 91-38 by providing that the Advisory Board shall consist of nine (9) members; and WHEREAS, there is currently a vacancy 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 James A. Drayton is hereby appointed tO the Black Affairs Advisory Board for a 4 year term, said term to expire on June 25, 2003. This Resolution adopted after motion, second and majority vote. DATED: October 12, 1999 ;;i~':;,',DWI~T,'E. BROCK, Clerk . .. ~:~... $. %', . g3gn'ature ~. Approved as to fora ~d legal sufficiency: County Attorney I~2W/kn BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: October 12, 1999 Item #10F DISCUSSION REGARDING STREET LIGHTING - STAFF TO LOOK INTO STATUTORY LANGUAGE RE A PROPOSED AMENDMENT TO THE STREET LIGHTING DISTRICT CHAIRWOMAN MAC'KIE: Now, street lighting. Commissioner Berry? COMMISSIONER BERRY: Yes. Last evening I was at a meeting of the Willoughby Acres Homeowners' Group and there is a desire on their part to seek some street lighting. This has been something that's been going on for a period of time. But also checking with Marquita King, who is our guru in terms of street lighting and Mr. Kant's bailiwick over there, she tells me that she has been reviewing a statute, probably she and others, and that perhaps there is some statutory language that might allow us to move this process, rather than go through the petition route, that there is perhaps -- at first blush, there appears to be something else we might do. And Mr. Kant can enlighten us. If there is, I would like us to do this ASAP. CHAIRWOMAN MAC'KIE: And just while he's coming up, just say, you know, we did this in a beautification district for Bayshore, because the call from the community was so clear that they wanted it. So for that purpose, I know it's possible. MR. KANT: Edward Kant, transportation services director. We do believe it is, and I think at this point it would be appropriate, if you want to move it along, if we find that's the case and you want to give us that direction, that way we wouldn't necessarily come back, we could simply come back to you with the proposed amendment to the district. COMMISSIONER BERRY: Madam Chairman, I would like to make a motion that we give staff direction if they -- what Mr. Kant just said, to do that and come back to us ASAP. And if we can do this before the end of this calendar year. COMMISSIONER CARTER: I'll second that. CHAIRWOMAN MAC'KIE: Any discussion? All in favor, please say aye. Opposed? (No response.) MR. KANT: Thank you, Commissioner. CHAIRWOMAN MAC'KIE: Thank you. Item #11B JOSEPH LAWRENCE RE UNION ISSUES Do we have any public comment on general topics? COMMISSIONER NORRIS: Ty's not here. MR. FERNANDEZ: Yes, Madam Chairwoman, you have one speaker, Joseph M. Lawrence. MR. LAWRENCE: Madam Chair, I want to thank you for this opportunity to address the board. My name is Joe Lawrence. I'm employed by the American Federation of State, County and Municipal Page 71 October 12, 1999 Employees. I'm a resident of Indianapolis, Indiana, but for the past five months I've had the good fortune of staying here in Naples, in Collier County. CHAIRWOMAN MAC'KIE: Welcome. MR. LAWRENCE: Thank you. I want to -- my brief remarks dealing with the Collier County employees unionizing campaign, make my remarks on three areas. The first being I want to note some Florida public policy on the employees' right to organize. CHAIRWOMAN MAC'KIE: And as you're getting going, I need to remind you, we have five minutes. MR. LAWRENCE: No, I'll be mercifully brief. The last -- this spring, both houses -- or both chambers of the Florida legislature passed a resolution recognizing the right of public employees to organize. And in that resolution, they noted that unions have contributed to the growth of democracy, the well-being of America's working families, and our communities generally. Furthermore, when Florida passed its public employee bargaining law, its stated purpose was to, quote, promote harmonious and cooperative relationships between government and its employees. Furthermore, said public employees have the right to form, join and participate in any organization of their choosing. And it's specified that the employer is prohibited from interfering with, restraining or coercing public employees in the exercise of any rights guaranteed them. I would now like to note some actions by county management during this union campaign. Yesterday afternoon at the Immokalee Community Center on First Street, a mandatory meeting, what we refer to as captive audience meetings, for employees was held. Employees later reported to us that they were told that should they vote for the union, that equipment operators stood to lose a five percent raise that they would receive in January. In earlier captive audience meetings, employees have reported to us that they were told their wages, benefits and working conditions were in jeopardy should they seek -- should they vote in the union. And at one meeting for parks employees, they were told that if they were dissatisfied with the working arrangement here in Collier County, that they should seek other employment. Not surprising, AFSCME finds this kind of behavior to be retaliatory, and questions if it has any place in county government or for that matter in any workplace, especially as today you were discussing problems with turnover. We feel this kind of attitude doesn't help that. Also, we learned yesterday that county -- from a county communication that supervisors will be driving employees to the voting place. In that communication, it goes on to say that the county administrator would like to see this vote go down in defeat. We need your support to help make that happen. It makes passing mention that the supervisors are not to engage in politicking, but it's not too hard Page 72 October 12, 1999 to read between the lines. In a supposedly free and fair election, we find this to be reckless behavior. To ensure that this is a free and fair election, we ask that you call on your administration to do the following: Treat county employees with respect during the remainder of this campaign; allow the employees to express their opinions freely and openly without fear of intimidation or discipline; allow union representatives to have equal time at meetings that employees are required to attend where the union issue is discussed; and should the union be elected, bargain with the union promptly and as directed by Florida law, quote, with an open mind and a sincere desire, as well as making a sincere effort to resolve differences and come to an agreement. I want to thank you for your consideration in this matter, and I would be happy to answer any questions. CHAIRWOMAN MAC'KIE: Just one comment, and then Mr. Fernandez may or may not have comments for us. I think that the first two parts of your request to treat the employees with respect and to allow them to express their opinions freely is clearly already the policy of this board, as implemented by the county commission -- I'm sorry, the county administrator. With regard to equal time at county staff meetings and those other things, that's -- I would certainly defer to the county administrator, if you have anything to say. MR. FERNANDEZ: Madam Chairwoman, I would like to say that it is clearly our right as management and I believe our responsibility to inform the employees about the issues associated with this election and the implications of it to them. So I make no apologies about the meetings that we're holding with our employees. I think it's important that they are informed so that they can make their decision about what is best for them. I believe we have treated the employees fairly and treated them with respect. We do allow their full expression of their feelings. And in fact, a number of the questions that were asked and the opinions that were offered were offered in opposition to the position that we were presenting, and they were free to do that. Part of the presentation involves an invitation that the employees can leave. Now that they know what the intent of the meeting is all about, they have the freedom to leave the meeting, if they'd like. COMMISSIONER NORRIS: Did any? MR. FERNANDEZ: Pardon me? COMMISSIONER NORRIS: Did any leave? MR. FERNANDEZ: Not at that time. I think there were some that left later on in the meeting after all the discussions were held and the question and answer period ensued. The message that we are imparting to the employees has been very carefully reviewed by labor counsel for purposes of consistency with the state laws and requirements. And I think the sessions that we have had have been conducted consistent with those requirements. Page 73 October 12, 1999 COMMISSIONER CONSTANTINE: Mr. Fernandez, would you characterize any of your -- you or your staff's comments to those employees as intimidation or threats? MR. FERNANDEZ: No, I would not. And in fact, I fully expected to be accused of that. In fact, have asked for feedback if there was any feeling of intimidation or threat during the discussions, and received no feedback to that -- COMMISSIONER CONSTANTINE: To the best of your knowledge, do you know if anybody was told as of the particular comment Mr. Lawrence made that what was distressing was the employees were told they should just leave and seek other employment if they didn't like things at the county? MR. FERNANDEZ: I have no knowledge of that statement being made. CHAIRWOMAN MAC'KIE: So I'd like to thank you for bringing this to our attention, to give us the opportunity to be perfectly clear about the policies of this Board of County Commissioners to respect our -- to respect the employees of the county and to respect their individual rights and the rights to express themselves, and to clarify again for the record that we're doing our very best with the legal counsel to comply with the laws that you brought to our attention, and that we do respect and appreciate our employees. MR. LAWRENCE: Thank you for your consideration, Madam Chair. CHAIRWOMAN MAC'KIE: Thank you. COMMISSIONER BERRY: And I think one further comment. I think it needs to be said, too, you have asked this of the county, and that certainly has been your right to do so. I would ask the same courtesy from the representatives of the union to our employees, that they make sure that the information that they receive is depicted and honest and straightforward as well. MR. LAWRENCE: I'm sorry? COMMISSIONER NORRIS: One last -- one thing that I want to clarify, Mr. Fernandez. The gentleman mentioned a couple of things that may or may not have been said to the employees. Has there been anything said to our employees from the administration's side that is not factual or that could be considered misleading? MR. FERNANDEZ: No, sir. In fact, we make it clear that there are two rules that we follow in our presentation. Everything we say is factual and can be backed up with facts. Secondly, we can make no promises. So therefore, when we talk about raises in the future, when we talk about benefits, we cannot say whether they will go up or whether they will go down in the bargaining process. No one can promise one way or the other in that regard. COMMISSIONER BERRY: Very true. CHAIRWOMAN MAC'KIE: Thank you very much. Item #12B2 ORDINANCE 99-70 RE PETITION PUD-99-11, MR. DONALD WAYNE ARNOLD AND MR. KIM PATRICK KOBZA, REPRESENTING THE VANDERBILT TRUST - 1989, REQUESTING A REZONE FROM "A" RURAL AGRICULTURE TO .PUD" PLANNED UNIT DEVELOPMENT Page 74 October 12, 1999 TO BE KNOWN AS THE VANDERBILT TRUST 1989 PUD FOR PROPERTY LOCATED ON THE NORTH SIDE OF VANDERBILT BEACH ROAD AND ONE MILE EAST OF AIRPORT- PULLING ROAD - ADOPTED We can go to our afternoon agenda. The first zoning amendment was continued, but we do have the former 17(C) that's now 12(B) (2). MR. FERNANDEZ: Madam Chairwoman? CHAIRWOMAN MAC'KIE: Yes. MR. FERNANDEZ: At the break, Mr. Arnold came to me and said that the speakers that had signed up to speak on this issue had had a conversation with him and he understands the issue to be resolved. And he indicated that they had left. So this may be back again in the category of being a very routine issue. However, we still have the requirement to hold the public hearing. CHAIRWOMAN MAC'KIE: Okay. Instead of then going to the staff report, why don't we call the registered speakers. MR. FERNANDEZ: The only registered speaker I have, Madam Chairwoman, is Pat Zanobi. MR. KOBZA: Madam Chair, for purposes of the record, Klm Patrick Kobza, representing the Turner family. During the morning I had the opportunity to meet with Mr. and Mrs. Zanobi. That's Pat Zanobi. Mrs. Zanobi is the president of the Fieldstone Condominium, which is next door to this property. She did not have the opportunity to attend the Planning Commission meeting. We did have the opportunity to speak with her and go through the stipulations in the PUD relative to how this project would affect the adjacent property. We did make one additional representation to Ms. Zanobi and Fieldstone, which was just that as exotic vegetation is taken from the buffers which are far in excess of the county buffers required by ordinance, that we would replace that material with a similar opacity that exists there today. We also agreed that during the site planning process, that the Turner family would meet with Fieldstone -- we exchanged cards -- and to incorporate the condominium into the site planning process so that they're very much aware of what's going on, and so that we can be sensitive to the condominium properties. So we satisfied, I think, all of their concerns, and part of that was simply informational. So we can go in any direction, really, you want to but -- CHAIRWOMAN MAC'KIE: I'm sorry that I forgot to do this ahead of time, but I need to ask you if you would be sworn as to the testimony that you just gave. Would you do that, Madam Court Reporter? And anyone else who wishes to speak on this item, please stand, be sworn. (Speakers were duly sworn.) MR. KOBZA: I do and I did. CHAIRWOMAN MAC'KIE: Thank you. COMMISSIONER BERRY: He did. Page 75 October 12, 1999 CHAIRWOMAN MAC,KIE: Based on the fact that there are no registered public speakers who are here, I'll close the public hearing. And maybe someone would want to vote in support of -- or move to support incorporating those commitments that Mr. Kobza just made on the record. COMMISSIONER NORRIS: I will so move. CHAIRWOMAN MAC'KIE: Is there a second? COMMISSIONER CARTER: I'll second. CHAIRWOMAN MAC'KIE: Discussion? All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. And we thank you. Item #12C1 PETITION VAC 99-003 DISCLAIMING, RENOUNCING AND VACATING THE COUNTY'S AND THE PUBLIC'S INTEREST IN THE EAST 565.38 FEET OF THE 847 WIDE ROAD RIGHT OF WAY SHOWN AS FALLING WATERS BOULEVARD, TRACT D, ON THE PLAT OF FALLING WATERS REPLAT AND TO ACCEPT A 15' WIDE UTILITY EASEMENT - CONTINUED TO OCTOBER 26, 1999 Now we have 12(C), which is the former 17(F), which is Falling Waters. MR. KANT: Edward Kant, transportation services director. Good afternoon, Commissioners. This was an issue which was just brought to my attention this morning. One of the -- about a year ago, a letter was written to Mr. Siesky's office, who represents the petitioner, indicating that we would not object to the vacation. However, there was, we felt, an anomaly in Development Order Ordinance 93-42 which did not explicitly remove the connection of Falling Waters Boulevard from the future Santa Barbara Boulevard. And we simply wanted to put that on the record. And if the board then chose to agree with this vacation, that would basically remove any inconsistency or ambiguity in this -- in the Ordinance 93-42. CHAIRWOMAN MAC'KIE: Mr. Kant, one time -- and this is probably not the same, but I don't want to make the exact same mistakes more than once. With regard to some property up around where you live, Commissioner Berry, we vacated a potential road right-of-way that we came to regret seriously having vacated, because it would have been a connector road that would have been wide enough to make a significant traffic impact. Do you have any idea what I'm talking about? It's a road that -- MR. KANT: I have to say no, because I don't want to say the wrong thing. CHAIRWOMAN MAC'KIE: Okay. It's adjacent to Long Shore Lakes. COMMISSIONER BERRY: It's the old Cypress project now, and it's the roadway that goes on up to Parklands. MR. KANT: That's the one that's been constrained to, I believe, a 60-foot right-of-way along the western property line. Page 76 October 12, 1999 CHAIRWOMAN MAC'KIE: And the board apparently voted to do that without really -- I didn't, anyway, understand the repercussions of what I was doing. Is this one of those? MR. KANT: That would have -- no, ma'am. In this case what they've done is they've already vacated a large portion of the road. This particular parcel contains some recreational facilities that were then subsequently built, but they just never got around to vacating this portion, as I understand it. That's the extent of my knowledge to this. And our objection was simply based on the fact that we felt that there was an ambiguity in the original ordinance, that we wanted to get the record straight that the board's intent was to vacate. CHAIRWOMAN MAC'KIE: So by an affirmative vote today, that would remove whatever cloud you had. MR. KANT: In our opinion, yes, ma'am. COMMISSIONER NORRIS: There's one other point here that maybe we could make, that empty parcel there to the northeast is Walgreen's -- going to be Walgreen's, is it not, plus some other -- plus some other office and retail? MR. KANT: Yes, sir. It would be the -- the Walgreen's, I believe, is going to be on the northern portion of that. I don't know whether it's been determined what's going to be on the southern portion. COMMISSIONER NORRIS: Well, I was wondering if they -- you know, if there might be some thought as to leaving the western half of this vacation alone, not vacated, so that they can have an interconnect to that shopping center somewhat in the future. COMMISSIONER BERRY: Great idea. CHAIRWOMAN MAC'KIE: There's an idea. COMMISSIONER BERRY: Makes sense. MR. KANT: That -- I believe that issue was raised at the Planning Commission, but I'd have to defer to the planners and to the petitioner, because I wasn't involved in that aspect of it. CHAIRWOMAN MAC'KIE: Good catch, John. Let us hear from you. COMMISSIONER NORRIS: You don't have to connect it to Santa Barbara, you can vacate that eastern half of that, let's say, and leave this for the future. The residents may want to have an interconnect there. CHAIRWOMAN MAC'KIE: Are the planners or the petitioner here on this item? MR. KANT: Again, I thought the petitioner was here. I don't know if the planner's here. My recollection of that was that there was some pedestrian access, but I don't know if there was vehicular access, so I can't address that. CHAIRWOMAN MAC'KIE: Maybe we should continue it then in the absence of the petitioner or of the planner who worked on it, because that sounds like an important catch to me. COMMISSIONER NORRIS: Well, they could always come back at some point in the future and ask to -- CHAIRWOMAN MAC'KIE: Do the second piece. Page 77 October 12, 1999 COMMISSIONER NORRIS: Well, I mean, if we vacated the whole thing now, they could come back and dedicate it as road right-of-way later. But I just wonder if -- CHAIRWOMAN MAC'KIE: But we lose our shtick. COMMISSIONER NORRIS: Well, it would be up to the residents anyway. I mean, there's no where else to go but inside, internally inside Falling Waters. But I just thought I might suggest it. But they're not here to suggest it to. COMMISSIONER CARTER: Well, maybe we should defer it until everybody's in the room so we can go through this. COMMISSIONER BERRY: I think so. CHAIRWOMAN MAC'KIE: I think so. Does anybody object to continuing this for two weeks? COMMISSIONER BERRY: I think it's a good idea. CHAIRWOMAN MAC'KIE: Staff, any objection to a continuance for two weeks? MR. KANT: I have no objection, no, ma'am. CHAIRWOMAN MAC'KIE: Because this was previously on the summary agenda. So that's probably why nobody thought to be here. So let's continue it for two weeks, we'll have it on the regular agenda. It will probably be quickly cleared up at that point. COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: weeks. COMMISSIONER CARTER: CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: Make a motion? Oh, I need a motion for continuance. I'll move that we continue this item for two For two weeks? I second that. Ail in favor -- And at the same time, make sure that whoever's representing Falling Waters is notified so they can have someone here. COMMISSIONER NORRIS: Yeah. And we'd like to hear from the Falling Waters residents -- COMMISSIONER CARTER: Right. Find out -- COMMISSIONER NORRIS: -- or the developer or somebody to know whether they want to even do that. MR. KANT: I do know that the attorney, Mr. Siesky, was here earlier. COMMISSIONER BERRY: Yes, he was. I saw him here. MR. KANT: We chatted, but I thought he'd be here. CHAIRWOMAN MAC'KIE: Okay. So a motion and a second for a two-week continuance. All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: That passes unanimously. COMMISSIONER NORRIS: Mr. Siesky cleverly left just before we went to talk about his item. Item #13A1 Page 78 October 12, 1999 RESOLUTION 99-394 RE CU-99-18, BLAIR FOLEY, OF COASTAL ENGINEERING CONSULTANTS, INC., REPRESENTING ROBERT KEENAN, REQUESTING CONDITIONAL USE "24" OF THE "A" ZONING DISTRICT FOR A DOG KENNEL ON LESS THAN 20 ACRES OF LAND IN SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST - ADOPTED CHAIRWOMAN MAC'KIE: Okay, we go to the advertised public hearings. The first one is 13(A) (1). Has to do with the dog kennel. Will anyone wishing to be heard on this item please stand and raise your right hand and be sworn by the court reporter. (Speakers were duly sworn.) CHAIRWOMAN MAC'KIE: Anybody have ex parte disclosure? I had a meeting with Blair Foley about this. COMMISSIONER NORRIS: As did I. COMMISSIONER BERRY: Madam Chairman, I have heard from both the petitioner and from the other side of the issue. CHAIRWOMAN MAC'KIE: Any other disclosure? COMMISSIONER CONSTANTINE: I had contact on this. COMMISSIONER CARTER: I heard from Mr. Foley. CHAIRWOMAN MAC'KIE: Mr. Carter has spoken with Mr. Foley. And Mr. Constantine? COMMISSIONER CONSTANTINE: I have had contact on the item. MR. REISCHL: Good afternoon, Commissioners. Fred Reischl, planning services. This is a request for a dog kennel on a parcel less than 20 acres of land in the rural agricultural district. And just to get this on the record, because it is in the rural agricultural district, it is a use that was listed as in the agricultural district and was not on the prohibited list. Therefore, it's consistent with the final order of the Administration Commission. CHAIRWOMAN MAC'KIE: I'm confused by the map on the -- MR. REISCHL: Okay. COMMISSIONER BERRY: It's an ag. property. MR. REISCHL: On the map, this is County Road 951. This is Vanderbilt Beach Road in blue. Just to highlight, I showed Vanderbilt Country Club PUD. CHAIRWOMAN MAC'KIE: That's what was confusing me. I got it now. MR. REISCHL: Right, that's not the parcel, that was just big enough to see on that map. And then on the closer view, this is Vanderbilt Country Club over here. This is Massey Street, which in effect is the urban boundary. And then here we have some -- these are all private, by the way, some road easements, forming an agricultural subdivision. The parcel is less than 20 acres in size, about 1.3 acres, with easements on three sides. There were concerns when the petitioner brought this in to the Planning Department. We discussed noise, first of all. And the petitioner assured us that this would be an inside kennel made of concrete block with, as was described at the Planning Commission, attenuating construction to keep as much noise as possible inside the building. And for sanitary purposes a holding tank, which would be Page 79 October 12, 1999 pumped out so that there was no, as one of the neighbors pointed out, E. coli contamination. There were three neighbors who spoke in opposition at the Planning Commission. And in addition, a representative of the Vanderbilt Country Club spoke to me in my office. He did not express a positive or negative concern, and didn't show up at the Planning Commission. But the three neighbors who spoke at the Planning Commission are here. You can hear from them later. The Planning Commission -- as I said, staff recommended approval because we believe that the two negative effects, the noise and the sanitation, were addressed by the petitioner. The Planning Commission, however, looked at the neighborhood. As you can see, the lots in the immediate area are all approximately the same size, 1.3, 1.5 acres. And the Planning Commission made the determination that the neighborhood was created as a residential, rather than agricultural neighborhood. CHAIRWOMAN MAC'KIE: Those are platted lots that you show? MR. REISCHL: It's an unrecorded subdivision, they are not officially platted. However, they are legal lots. They were created before the requirements for platting were what they are today. CHAIRWOMAN MAC'KIE: So it's an unreported subdivision and ag. zoning. I've just got to get the facts straight. MR. REISCHL: Correct. Rural agricultural. The lots are legal. They were created at the time legally. And we basically say they're grandfathered legal lots. And that's the thrust of what the Planning Commission looked at, that these lots form what is in essence a residential neighborhood rather than an agricultural area. COMMISSIONER CARTER: And their conclusion was? MR. REISCHL: Oh, thank you. That they voted 6-0 to deny. CHAIRWOMAN MAC'KIE: But staff's recommendation was approval? MR. REISCHL: Yes. CHAIRWOMAN MAC'KIE: On these properties, frankly, if someone wanted to have a horse stable, could they have a horse stable there? MR. REISCHL: For personal use. CHAIRWOMAN MAC'KIE: Pigs? MR. REISCHL: No, pigs are the one exception that you absolutely need 20 acres for. You can have horses, cows, goats, chickens for personal use, but not as a commercial venture. COMMISSIONER CARTER: I'm told also there's a slaughterhouse in this area? MR. REISCHL: That's -- Mr. Foley has told me that. CHAIRWOMAN MAC'KIE: You haven't seen that, you don't know that -- MR. REISCHL: I didn't see that on my site visit, no. CHAIRWOMAN MAC'KIE: Tell us, Mr. Constantine, what is there. COMMISSIONER CONSTANTINE: There's a slaughterhouse in the neighborhood. COMMISSIONER BERRY: There it is. It's on the next -- if you look on this map and if Fred would move that map so the eastern -- keep going to the east. Some of those bigger parcels of land where that top Page 80 October 12, 1999 yellow street, I believe, if that is where it's split, that is split into two big parcels of land; am I correct? If -- this gentleman here has a map that kind of shows the same thing. But this came from the appraiser's office. But it's that same kind of a setup. But they've got larger parcels of land. There is a nursery and there's also an area where -- within that nursery that there has been some activity, such as pig slaughtering. CHAIRWOMAN MAC'KIE: What are they slaughtering there? COMMISSIONER BERRY: Pigs. If you're not careful -- be careful when you drive out there. No, I'm only kidding. MR. REISCHL: I do have a few photographs to give you some idea the character of the neighborhood. Some of it is undeveloped. You can see here at the end of the street, the fill that's part of the Vanderbilt Country Club, so you're looking west that way. So this gives you more of the idea of the rural. However, to the north of the civic parcel, it is -- there's a single-family house that's residential. It gives you more of the residential character. So there is a mixture. Again, the Planning Commission looked at the size of the lots rather than the zoning. COMMISSIONER CONSTANTINE: To the north, isn't there also -- and maybe legal or maybe not, I don't know. But isn't there a riding facility, they have horses there, that it would appear gets more activity than simply from their own family? MR. REISCHL: There is. On my site visit, I did see that. I didn't investigate. I didn't see any cars going in and out. COMMISSIONER CONSTANTINE: And I don't want to cause anybody any difficulty because of this, but it's -- if we're talking about -- and people live there, clearly, it's a neighborhood. But if there's a slaughterhouse, that's not a typical neighborhood use. And if there's riding lessons going on, that isn't a typical neighborhood use either. So the question is, as you pose it, boy, is this an ag. use or is this a neighborhood? It sounds like we've got a mix of both. MR. REISCHL: You can tell the discrepancy between staff recommendation and Planning Commission recommendation. It's -- CHAIRWOMAN MAC'KIE: How many dogs? MR. REISCHL: -- it continues on both sides. CHAIRWOMAN MAC'KIE: How many dogs could the -- COMMISSIONER CONSTANTINE: Will they be slaughtering the dogs? CHAIRWOMAN MAC'KIE: Oh, God, no. How many dogs? MR. REISCHL: That was -- CHAIRWOMAN MAC'KIE: 1007 20? MR. REISCHL: No. Mr. Foley I think can answer that a little better. CHAIRWOMAN MAC'KIE: But is there some limit? Is there some square footage regulation? MR. REISCHL: None that I know of. I would defer to Animal Control on that. I don't know of a minimum square footage for kennels. Page 81 October 12, 1999 CHAIRWOMAN MAC'KIE: from Mr. Foley. COMMISSIONER BERRY: COMMISSIONER CARTER: for up to 100 dogs. CHAIRWOMAN MAC'KIE: COMMISSIONER CARTER: This is not a dull job. Maybe we should hear Depends on the size of the dogs. Madam Chair, I was told this was a facility Up to 100 dogs? 100. 100 dogs. COMMISSIONER CONSTANTINE: Could you make it 101 and require it would be Dalmatians? COMMISSIONER BERRY: That they all be Dalmatians, yeah. CHAIRWOMAN MAC'KIE: That was just too easy. COMMISSIONER CONSTANTINE: Thank you. CHAIRWOMAN MAC'KIE: Okay, other questions from staff? Shall we hear from the petitioner? MR. FOLEY: Good afternoon. For the record, Blair Foley representing the petitioner. We do agree of course with staff's representation of the project, and it is a mixed bag out there. I did meet with several of you, and Mr. Carter. After meeting with you and offering the 100 dogs, the petitioner has wanted to put a self-imposed limit of 50 on the facility. And we also have some square footage limits that we can talk about regarding the facility itself. We propose to have the building in total of 3,300 square feet, which is not that abnormal for a house on 1.3, 1.5 acres. And some of that's going to be office. 1,500 square feet most likely would be office. And that's -- we could have that in the record as part of it. In addition to what staff's recommended, I'd like to talk about some other ordinarily negative impacts on a facility such as this. Visual impact is often a negative. We've proposed to try to design this facility to look like a single-family home as best we could. I've worked with the architect and the owner. And what we have over on the board is representative of what he proposes at this site. It looks a lot like a single-family home with a shingle roof. We hope to be able to design that. In fact, he's taken a lead off your code for commercial buildings and has used some colors that are consistent with some of the commercial facilities. This particular color he's picked here is called townhouse tan, and he's also got some trim that's a yearling color. So we hope to show you today that we're trying to be neighborhood friendly, as best we can. Some other items that we would like to talk about that he'd also like to impose on the property. He wants to fence the entire parcel with a six-foot chain-link fence and also make it a Type-B buffer which meets 80 percent opacity requirements over a period of time. That also could be negotiated if it doesn't meet with the residents. In addition to that, the front yard setback, we hope to propose it over 50 feet from the road with that buffer I just mentioned. The only view you could have from surrounding lots would be of the roof itself. Page 82 October 12, 1999 What other items do we have? Other uses that are allowed without the conditional use, as you mentioned, Commissioner, was -- a couple of the items that might be a little more obtrusive would be beekeeping, maybe fish farming, that type of activity. Certainly doesn't have the odor, but we're taking care of that with the entire block cinder construction. I also have to have the mechanism of the foam that's going to be inserted -- I'd like to pass that around -- for soundproofing purposes, if I could. COMMISSIONER CARTER: A question on the chain-link fences. Isn't there some code that we have eliminated chain-link fences? Or is that only within the urban area? MR. REISCHL: Commissioner, that's within commercial zoning. COMMISSIONER CARTER: Okay, thank you. CHAIRWOMAN MAC'KIE: How logical, huh? Residential areas, tacky fencing okay. Commercial areas, prohibited. MR. FOLEY: If that's an issue, that certainly could -- that's a negotiating point for the owner as well. I'm certain he can go for a wall as opposed to a fence. CHAIRWOMAN MAC'KIE: Commissioner Berry? COMMISSIONER BERRY: In looking at this as an inside kennel, and from the number of dogs, has the -- has your client spoken with any veterinarians in terms of health conditions on an inside facility such as this? MR. FOLEY: This is going to be kind of a prototype facility for Collier County. He has visited the others in Collier County and has met with several, including Animal Control and the like. I can't speak to what conversations he may have had. He's here to answer specific issues. COMMISSIONER BERRY: The reason being, that there -- as I understand it, with an enclosed kennel, there are some real concerns when people board dogs in an enclosed kennel for the pyral virus. CHAIRWOMAN MAC'KIE: For the what? COMMISSIONER BERRY: Well, this is -- if you have a dog, this is something that you don't want to have happen to the dog. CHAIRWOMAN MAC'KIE: Okay, a bad thing. COMMISSIONER BERRY: It's a bad thing that can happen to animals if they're kenneled. And they seem to think that this particular virus -- it's my understanding that this particular virus is more prevalent in an enclosed area, where instead of if you had an open-air type kennel where you've got air that's really moving through it and there's more space. My concern is the 50 dogs in an enclosed area, maybe for a short period of time, you know, and I'm talking very short period of time, but if I had -- I'd have to say this, if I had an animal that I truly valued, I don't know that this would be the kind of thing that I would be looking at. MR. FOLEY: I would think that we'd like to -- the professionals themselves. Page 83 October 12, 1999 COMMISSIONER BERRY: Your petitioner or your client may want to address that. MR. FOLEY: We've had that specific conference. CHAIRWOMAN MAC'KIE: If you'd say -- MR. KEENAN: My name is Robert Keenan, for the record. Specifically, yes, I have visited several other facilities such as the Humane Society and Collier County Animal Control. They are enclosed facilities. And all residents of the kennel would be required to have both kennel cough and all their vaccines up to date in order to be boarded at that kennel. CHAIRWOMAN MAC'KIE: Good. Thank you. COMMISSIONER BERRY: I'm just concerned about the actual construction of this type of facility. MR. FOLEY: I've got just a couple more items. I'll try to be brief. One of the main issues we'd like to talk about is the public service of this facility. It is going to be constructed as a hurricane shelter for pets. There's zero currently in Collier County. It certainly is providing a service. I'm a pet owner and have been so for some time, and I would not go to a shelter that wouldn't allow pets. In fact, I may end up at the pet shelter. So there would be some opportunity there to board your animals during hurricanes and the like. I'd like to talk a little bit about expectations in buying into agricultural zoning just for a minute. I think you guys have discussed it adequately. The neighborhood is rural. There's a mix of some rural uses and some residential uses. I have taken some photographs, I'd like to show you, that does talk to what Fred said, if I could, please. CHAIRWOMAN MAC'KIE: Put them on that -- yeah, perfect. The visualizer, Katie. MR. FOLEY: Visualizer, please. CHAIRWOMAN MAC'KIE: There we How far is this from the site? MR. FOLEY: This is just to the north. It's a ranching operation that's just outside -- just north of Woodstork. One lot. It's a 40-acre piece. I think the gentleman that owns this property is actually here to speak. So that's one, I think. Here's another that shows just some more of the residential/rural uses. CHAIRWOMAN MAC'KIE: Is that a house trailer? MR. FOLEY: I'm not quite sure what -- COMMISSIONER CONSTANTINE: I think it's an 18-wheeler trailer. CHAIRWOMAN MAC'KIE: Trailer tractor. COMMISSIONER CONSTANTINE: Tractor-trailer. CHAIRWOMAN MAC'KIE: Tractor-trailer. MR. FOLEY: This is a sign for the slaughterhouse. You can see that they do beef, poultry, pork. The slaughterhouse is approximately 900 feet -- COMMISSIONER CARTER: Custom slaughterhouse? Page 84 October 12, 1999 MR. FOLEY: -- from this facility, so it's 900 feet away from property line property. CHAIRWOMAN MAC'KIE: You know what that means? MR. FOLEY: As you can see, this is an open air facility. This is the slaughterhouse itself. You've got pigs roaming around in the yard. CHAIRWOMAN MAC'KIE: How far? MR. FOLEY: 900 feet, approximately. CHAIRWOMAN MAC'KIE: My. Is this a legal use? Someone on staff please tell me. Pause a second for me, please. Is that slaughterhouse use legal? MR. REISCHL: I don't know specifically. I know the hogs are now a -- require 20 acres. CHAIRWOMAN MAC'KIE: You'll check into it -- MR. REISCHL: Yes, I will. CHAIRWOMAN MAC'KIE: -- okay? Thanks. MR. FOLEY: It's a close-up. And I only have one more and I'll be done with it. I think we've made our point. CHAIRWOMAN MAC'KIE: Oh, yeah. MR. FOLEY: Again, that's an open air. CHAIRWOMAN MAC'KIE: I had ham for lunch. MR. FOLEY: Lastly, I'd like to talk just a little bit about the owner, Robert Keenan. He's been in town for 10 years and he's been a superintendent and he has a family with two small children. He owns the lot that's directly to the east of this parcel. So his wish is to live there, build a home and operate this facility and support his family. CHAIRWOMAN MAC'KIE: On what lot? MR. FOLEY: He owns this lot right here right in the back. That one I'll let him point it out. MR. KEENAN: If I could do this. CHAIRWOMAN MAC'KIE: Maybe use a pen or something. MR. KEENAN: Yeah, my hand is kind of shaking, so -- it's this one right here. CHAIRWOMAN MAC'KIE: Okay. MR. FOLEY: It's kind of catty-corner. MR. KEENAN: It's 165 feet behind the other lot. COMMISSIONER BERRY: Who owns the lot, right behind -- the one that, Blair, that you pointed -- CHAIRWOMAN MAC'KIE: To the south. COMMISSIONER BERRY: -- to first? MR. KEENAN: The one directly to the south, I believe it was a tree farming operation. I don't know. MR. FOLEY: I think some of the people that are here to speak on those properties are currently vacant. CHAIRWOMAN MAC'KIE: And then the one immediately to the east? COMMISSIONER BERRY: East is the one I'm talking about. MR. FOLEY: Across the street from the road easement? COMMISSIONER BERRY: Yes. CHAIRWOMAN MAC'KIE: Yes. MR. FOLEY: Don't know. Page 85 October 12, 1999 CHAIRWOMAN MAC'KIE: Don't know. MR. FOLEY: Just a couple more things, really, just about what he wants to do. He has specific issues that he can talk about on operations. We just submit to you today that what we propose is a mixed use. We're doing everything we possibly can to eliminate any obtrusive use out here in the neighborhood. He hopes to live there himself and operate this kennel. I've had an opportunity to speak to one of the neighbors, and she was very patient with me in letting me go through my pitch. They have some concerns because of the future uses on the property. And I also -- I tried to contact the couple that had some concerns, and did not get a return phone call. However, I think we've done everything we can. And I'd like also an opportunity to rebut any public comment, please. CHAIRWOMAN MAC'KIE: If we have questions, we'll let you know. Okay, public speakers? MR. FERNANDEZ: First public speaker is Barbara Griffin and then Adren Quest Hance, Sr. COMMISSIONER CONSTANTINE: How many do we have, Mr. Fernandez? MR. FERNANDEZ: Two more after those two. CHAIRWOMAN MAC'KIE: Good afternoon. MS. GRIFFIN: Good afternoon, Commissioners. Hi. My name is Barbara Griffin. I've been a resident of Collier County for 40 years. My concern -- I have a personal concern, and a big opposal (sic) and objection to the dog kennel. Because my property is directly next to the -- where this supposedly dog kennel is gonna be. And if I may pass this around, it has all our names on it and our property listing. CHAIRWOMAN MAC'KIE: Maybe Mr. Reischl would put it on the visualizer so everybody could see it. MS. GRIFFIN: Mr. Keenan's lot is like No. 2. I'm No. 1. And also, I would just like to note for the record that I never did receive a letter from Mr. Reischl. I never did. And I've been paying property taxes on that property for well over 16, 17 years. I've been an owner of the property in the township area, right across the street from the new developed Vanderbilt Beach extension, a development there, the country club and the condos and townhouses there. My property is across the street, like right on the easement of Massey. And like I say, I'm directly next to his property where he wants to put the dog kennel. CHAIRWOMAN MAC'KIE: Okay. MS. GRIFFIN: I have three children and a little grandson, and my grandson spends a lot of time at my home. And I object to a dog kennel being right next to the property that I plan to build my home. Right now I rent a house in the Golden Gate City area, and it's been my dream that I build on this land, because it's a good sized land. They told you about all the agricultural area things there, the slaughterhouse. He's like on 40 acres. He's quite a distance from where we are. Page 86 October 12, 1999 And also what I would like to bring up to your attention, that that property, the zone -- Century 21 years ago took and assessed that property out there and made it residential. And we bought our property years and years ago to build. Now, they showed you all kinds of pictures, but they did not show you pictures of homes that's like -- there's some homes like right next to the property where he plans to build. And also, there's an easement. There's a road that's built, like, I mean, put in right north of the property where his is. So therefore, he don't have a real acre and three. I have like an acre .27. And with the easement, it makes his a little less. And my objection is that the county has made an ordinance that a dog kennel should be on 20 acres. And this is probably a lot less than an acre and a quarter that he wants to put a dog kennel. You've heard all the -- you know, the things that he wants to do. He wants to be a good neighbor. That's good. You know, we all want to be good neighbors. But complying with city ordinances and county ordinances is one thing. Those laws were established by the county for a purpose. And my understanding this year, that there was ordinances against something like this that was made. He filed a petition in June of this year. And I've had property here for a long time, and it's not my wish to have a dog kennel right next to my property where I plan to build a home. There was some other things that was brought to my attention. We built a -- we had a well, Naples -- I mean, Golden Gate Well Driller, they came and put a well on our property years ago. And my concern is all the flooding and the bad weather that we get, something like this would be very contaminating to the water supply. And also, to have him put up a wall that's right -- you know, right next to my property just to keep out sound or smell, what happens when the dogs needs to be exercised? I mean, he can't keep them inside 24 hours a day. I mean, what happens when he'd have to have 50 dogs that needs to be walked every day? And I just hope that today that, you know, you hear my concern, because I want to be a good neighbor as well, but I also would like to build my home on that property. And it's -- I mean, I do not want a dog kennel right next door to where I want to build my home. Thank you. CHAIRWOMAN MAC'KIE: Thank you, ma'am. MR. FERNANDEZ: Next speaker, Adren Quest Hance, and then Randy Rowan (sic). MR. HANCE: Adren Quest Hance, Sr. Commissioners, this is an undeed hawkwood (phonetic) because this is not indeed a pleasure. It's a pleasure to see you all. Animals Unlimited, I don't know if you're familiar with them or not. If you're a pet owner, probably you are. Now, we went down to visit Animals Unlimited because we wanted to know just what kind of a thing would be built a couple of doors from us, if that happened to be the case. We didn't -- we wanted to check it out. So it's four and a Page 87 October 12, 1999 half miles west of the proposed kennel. That's on 12th Street Northwest, right off of -- COMMISSIONER BERRY: Oakes. MR. HANCE: -- Oakes, that's correct. And it's not far from Vineyards Elementary. Well, now, this place is on eight and a half acres. On the west is Interstate 75, on the east is a canal. And they own the land on both sides of that eight and a half acres. Now, there are two buildings there. And these two buildings total 10,000 square feet combined. Now, they switcharooed (sic) right here on us. This is not the plan that was started out and was vetoed down by the Planning Commission. This is a switcharoo. They came in with a different one at this late hour. CHAIRWOMAN MAC'KIE: Is this better or worse? MR. HANCE: It's both bad -- this is a different -- this is different totally. CHAIRWOMAN MAC'KIE: Okay. MR. HANCE: Because the conceptual master plan that I picked up from Mr. Reischl I have in my hand. It is a proposed 110 foot by 79, plus 30 foot for office, future 40 foot. Add that together, and we've got 180 foot building, wall, 75 foot wide, that is total more than one Animals Unlimited. And they have a total capacity of 135 animals. That's what they can handle. Now, in the mornings they get up to wash it down. After they're fed, they'll wash down again. This is the area in which they are kept. Where does all this wash-down go? We're very concerned. Because we can see a lot of wash-down being flooded out around on the property. CHAIRWOMAN MAC'KIE: Now, they said, sir -- I just want to address it. They said there's going to be some kind of a -- MR. HANCE: Holding tank. Have to be pumped out every day. Sounds great. But who's going to be the policeman? Me? The homeowner? It's already past you. It's going to be left up to me to be the policeman. I don't care to be the policeman. I want to live in peace and harmony all my life, that I have plans already been drawn up. Across the street -- they didn't show you beautiful picture of coach homes that are directly across the street. Those were not shown. Oh, how clever they are. When you buy a piece of property for $12,000, it makes a difference when you want to put a business on it. Saves you, you don't have to spend a quarter of a million. Okay, so much for the theatrics. But I'm just telling you, folks, when you got a septic system down at the Animals Unlimited that cost over $40,000, it makes this a little small situation, which they only show as a septic tank is -- I think this is, what, 1,050 gallon. Oh, boy. Folks, I'm very unhappy. This is -- this just makes me very unhappy. We have a lot of plans for the future, and enjoying it. May I borrow the plans? Do I have another minute? Could I have my plans back? Now, since 1982 we have a street right here that has our houses on it. We've been paying taxes on them, too. We happen to rent them out. We're proud of our rivana (phonetic). And it comes out here on Page 88 October 12, 1999 Massey. Just so happens I like this particular lot to build my own home on. So we have these two people behind us that were never notified. David Mobley, he has directly behind this lot here that's proposed. Sandra Sage was not notified, and is this is the one that's right behind Mrs. Griffin. And you talk about a nice slaughterhouse. No, we're not very excited about it, but it's setting on 40 acres right here. But this is also a nursery. I appreciate the time. This is a short time. There's a whole lot to be said. I do hope and pray that you people will vote this down like the Planning Commission had the good sense to. Thank you. CHAIRWOMAN MAC'KIE: Thank you, sir. MR. FERNANDEZ: Next speaker is Randy Rowan (sic) and then Robert Piekart. MR. RINER: Randy Riner. CHAIRWOMAN MAC'KIE: I was wondering about that. MR. RINER: And I'm the 40 acres with the horses on it, if you were curious. Riner. I was going to be a doctor when I started writing bad. MR. FERNANDEZ: There's no way you can get Riner out of this. No way. MR. RINER: That was close. MR. FERNANDEZ: Sorry. MR. RINER: No, I've got the farm to the north of it. One of the concerns that I had was where they were going to dispose the effluent, when they first came before planning. My well is in close proximity to that particular area. And I have the ability to migrate water to it. I can -- the cone of influence on the well would bring effluent across the house just to the north of him, which is Willis; they're I think a family of five, and they're actually on two lots. The -- I can shed a little light on the slaughterhouse. They've been there way longer than I've had my land, which has been 10 years. They're U.S.D.A. approved. And their slaughterhouse is in the middle of 20 acres. Their actually slaughterhouse is probably better than a quarter of a million from the location of the dog kennel. And as unpleasant as they made it seem, his house is closer to the slaughterhouse than the kennel would be. The kennel's on the road frontage. Basically that's about the size of it. The septic -- they did at one point say that fans were going to be used to ventilate the air out of the kennels. It wasn't exactly clear if all the kennels were air conditioned. Maybe they can clarify that. But the dog smell is offensive, especially in concentrations, I would think, of that high. CHAIRWOMAN MAC'KIE: An honest question here, trying to figure out, what is more offensive -- and I probably will offend you by asking the question, I don't intent to. Why are dogs more offensive than horses or chickens or something? MR. RINER: Dog feces have an odor that's basically more offensive to people than horses, in my opinion. Horses, I have 10 stalls. We Page 89 October 12, 1999 use a bacterial agent I get out of Georgia. There's 600 trillion bacteria to a gallon of water. You simply spray it, it dissolves. The urea -- CHAIRWOMAN MAC,KIE: Wouldn't work on dogs? MR. RINER: -- is the biggest odor problem. The slaughterhouse, on rare occasion you'll get a whiff of it. But other than that, they're required to be on concrete. The state came in and said that. And their wash-down had to go into a basin. That's what the biggest concern was, their wash-down off of the dogs. There are -- like I say, there's a nice house to the north of it with five kids. There's three under construction. They're dried in on a roof. They would probably be tile. They were having an extreme amount of trouble getting tile for the development to the north. In February of '72, Bruce Green and Associates, there is -- CHAIRWOMAN MAC'KIE: I'm sorry, who did? MR. RINER: Bruce Green and Associates. They're land surveyors. -- platted that into smaller lots. Their actual land mass on that lot, if you take out the road, is less than an acre. It's about .9 something. There is -- a tax deed on the lot was only an acre and a quarter. There's just not enough land mass. And in fact, it's a residential district, whether you like it or not. It's platted out that way to -- they wouldn't be cut up into small squares unless it was. Like I say, I'm not trying to be a bad neighbor. I was just concerned more about the smell and the stench of what to do with all the stuff. It's very expensive to tank stuff off. And who's -- yeah, who's going to see that it does get tanked off? That's the downside of it all. And that's basically all I have to say, unless you have questions. CHAIRWOMAN MAC'KIE: Questions? COMMISSIONER CARTER: Well, Madam Chairman, probably part of the answer to your question is the French artist who prefers cow dung for his paintings -- COMMISSIONER CONSTANTINE: There you go. COMMISSIONER CARTER: -- than any other animal. MR. RINER: Well, cows on 40 acres smell a lot less than 50 dogs or 100 dogs on an acre, you know. That's -- there are some government studies on cow flatulence out, so there's -- how to reduce -- CHAIRWOMAN MAC'KIE: I don't even let my kids talk about this stuff, and we're talking about it in a public hearing. COMMISSIONER BERRY: There's nothing wrong with this. I've shuffled more of it than all of you put together, so I'll gladly agree with Randy that I'll take cows and horses any time over dogs. COMMISSIONER NORRIS: Some people up here dispense it, I don't know about shoveling it. CHAIRWOMAN MAC'KIE: I've officially lost control of this meeting. Okay, questions for staff, or did anybody have questions raised that they needed to ask the petitioner? MR. FERNANDEZ: You have another speaker, Madam Chairman. CHAIRWOMAN MAC'KIE: I'm sorry? Page 90 October 12, 1999 MR. FERNANDEZ: You have another speaker. CHAIRWOMAN MAC'KIE: Oh, we do. I'm so sorry. I thought that was the last one. MR. FERNANDEZ: Robert Piekart. CHAIRWOMAN MAC'KIE: Were you sworn in, sir? MR. PIEKART: Yes. CHAIRWOMAN MAC'KIE: I just didn't see you. Forgive me. MR. PIEKART: Forgive me, I'm not much of a speaker. So anyway, Commissioners, good to see you all. CHAIRWOMAN MAC'KIE: You're welcome here, and you don't have to be fancy. MR. PIEKART: You know, I'm just going to go to the humanitarian factor here. COMMISSIONER NORRIS: Tell your name, please. MR. PIEKART: Pardon me? CHAIRWOMAN MAC'KIE: Your name. COMMISSIONER NORRIS: Tell you name. MR. PIEKART: My name is Bob Piekart, all right? And, you know, I've lived in Florida for 40 years. And some of you people know me, some of you people don't. But I'm a multiple businessman, you know, and I've had a lot of animals. You know, I've raised horses, I've raised dogs, I've raised cattle, and I know what everybody here is talking about. I also realize the factor that on the individual basis of people owning property near another business going up, why they would object to it, all right? But, you know, I -- many times I've had to evacuate my property and wondered where I was going to put my animals, especially dogs. And I said well, who loves me the most in this house? You know, it was my dog, you know? And I left the dog there, you know? And I got to really seriously thinking about that. And so I really feel that, you know, there should be a need or a place in the area for something of this manner, especially during a hurricane. And I know Bob Keenan for 10 years. We used to work for U.S. Homes, and he was always a stand-up guy with me. And, you know, I respect him, you know. And he's always said -- whatever he said he was going to do, he did, you know. And so I have to judge it on that aspect, also. But if -- if I had to vote on this myself, I would definitely say yes, let's go for it, you know, because there is a need in Collier County for a dog shelter. We don't have a high line, stand-up dog shelter at all. And I guess I've said all I can say, and I just hope you'll agree with me. CHAIRWOMAN MAC'KIE: Thank, sir. Now are there -- COMMISSIONER NORRIS: I have a couple of questions for the petitioner. CHAIRWOMAN MAC'KIE: Questions for the petitioner, unless you have something, Mr. Reischl, you have to tell us. MR. REISCHL: Yes, your question about the slaughterhouse? In today's code, it's an accessory use to the keeping of animals. There Page 91 October 12, 1999 are conditions today such as being on an arterial road, et cetera. But I don't know what year or, you know, how long ago this particular slaughterhouse was established. CHAIRWOMAN MAC'KIE: It's likely to be grandfathered nonconforming. MR. REISCHL: Yeah, could be. CHAIRWOMAN MAC'KIE: And I had a -- just while we got you here, one of the speakers said something about is it a law in Collier County that you need 20 acres for this kind of use? MR. REISCHL: As a permitted use. CHAIRWOMAN MAC'KIE: As a permitted use you do. MR. REISCHL: Correct. If you had 20 acres, he could have built it with a site development plan. On February 1st, I believe, the code changed to have the 20-acre minimum for various agricultural uses, instead of the five or in the case of this lot, a legal nonconforming lot. So earlier this year, he could have come in with a site development plan -- CHAIRWOMAN MAC'KIE: And would have been permitted. MR. REISCHL: -- and built it, yes. CHAIRWOMAN MAC'KIE: And what was the change date? MR. REISCHL: February 1st, I believe is -- beginning of February. CHAIRWOMAN MAC'KIE: Okay, thanks. Who had questions for Mr. Foley? COMMISSIONER NORRIS: I did. CHAIRWOMAN MAC'KIE: There you go. COMMISSIONER NORRIS: Mr. Foley, the two primary concerns I've heard voiced relate to odor and to containment of the effluent, the wash-down from the kennels. Let's start with the odor. What -- is this building completely enclosed and is it air conditioned? MR. FOLEY: Yes. To answer that question, it is completely enclosed and it is air conditioned. Our first thought was to vent it. We are not going to vent it. After the Planning Commission, some of the other items, we're trying to be accommodating. There's going to be an internal scrubber system. It will be air conditioned without a vent system going out. COMMISSIONER NORRIS: Okay. Along that line, it was also mentioned that you have to take them outside to walk them; is that correct, or they walk inside? MR. FOLEY: They're going to walk outside, that is correct. COMMISSIONER NORRIS: Okay. MR. FOLEY: Yeah, I'm going to -- I have a couple of items that I can let the owner specifically say how he's going to exercise the dogs. I'm not really knowledgeable on that item. COMMISSIONER NORRIS: All right. Well, we'll defer to him, but let me go on. On the effluent containment, what -- how exactly do you figure that that's going to be done? MR. FOLEY: For any feces and excrement that's going to be interior, that will all be washed down into a drain system that goes Page 92 October 12, 1999 into a holding tank. It won't be connected to any septic system at all. Our first blush at this some months ago was the plan that was stated here. And because of the opposition as it came in -- and Fred can talk to you about that, but I've talked with them on a weekly basis to try to determine if there was any objections. As the calls came in, we modified our design, including the modification of the building. There won't be any connection to the groundwater. And that will be pumped out as needed. If it's every day, it will be every day. If it's every second day, every second day. CHAIRWOMAN MAC'KIE: Who does that kind of thing? MR. FOLEY: Honeycomb. It's not any different than what you have at a public facility, public outhouses, if you will. Could I answer a couple of questions also that they brought up? CHAIRWOMAN MAC'KIE: Sure. MR. FOLEY: He's -- I've talked to the owner, and he's willing to go down to 25 dogs now from 50. He also -- we want to talk about the concession of the square foot of the building. We initially had a much larger building on that. And we're not trying to slip anything in here at the end. I mean, I met with you all and I showed you the same plan. And yes, there has been a modification of this plan as there's been opposition to it. So what we show you today is going to be part of the record, and that's what we propose to build. CHAIRWOMAN MAC'KIE: And it's smaller than what you started out with. MR. FOLEY: Well, they're correct, there is an easement out in Golden Gate. As you know, your property line sometimes runs over the dirt road. CHAIRWOMAN MAC'KIE: I'm sorry, the building construction. MR. FOLEY: Oh, the building, it's less than one-third of what was originally proposed. CHAIRWOMAN MAC'KIE: But this is all they could do. MR. FOLEY: We also want to talk a little bit about when the property was purchased by the owner. He bought it in October of '97, when at which time he could have came in with a site development plan without coming to you at all. He came to my firm and we began working with him to prepare the site development plan. During preparation of that is when the code changed. So he had been involved and it was actually part of his contract agreement. It doesn't hold, you know, a lot of weight in this part, but there is -- just to be an appreciation, that he was in some kind of process. At least with my firm. I can speak to the contract that we have. And he can show you his purchase agreement and his deed to the property, if you wish. Mr. Keenan can speak to the houses nearby and how he can exercise the dogs. I think that addresses all the additional concerns brought by the residents. CHAIRWOMAN MAC'KIE: Any questions for Mr. Foley? Then maybe we could hear from your client on the answers to those questions. Page 93 October 12, 1999 Sir, were you sworn? MR. KEENAN: Yes, ma'am. CHAIRWOMAN MAC' KIE: Thank you. MR. KEENAN: As far as the dogs being exercised, the dogs will be walked during business hours, which would be basically 8:00 to 5:00. And that will be during the course of the day inside the back of the compound, which we have considerably more room to do that now because of the reduction in the building size. I know you've heard some objections. I bought this property, and it was in my contract that I would buy this property only if it was a conforming agricultural lot. I came to this town 15 years ago with the shirt on my back. I have a family. I have two small children. I bought this property with the intention of building something for my family. I bought the lot behind it. And this -- you know, he says $12,000. Well, I'm a working man. $12,000 is a lot of money to me. And I bought the lot behind it to live there. I have two small children, and they're going to work with me. I want that to be their business some day. And as far as other people being inside that compound, nobody will be inside the compound except either people that are bringing their dogs or my family. My family will work it. I've always done everything I said I was going to do. It is my dream. It has always been my dream to do this. I think everyone has a right to have a dream in this country, and this was my dream. And I bought the property with the purpose of doing this. And I think -- I have animals. I have four animals. I love those animals. I love every one of them. I wouldn't want to leave them somewhere and leave them in my house in a hurricane. I want to have a place for them to be, a place for them where I know they're going to be cared for, where I can leave. If I have to take my family, I can take my family or any of us that have animals can take our family and know our animals are going to be okay when we get back. Hotels don't take them. You can't stop on 75 and say hey, well, I have three Rottweilers, can I bring them? They're not going to say yes. I've done everything I could to make this okay with everyone. I've conceded and conceded and conceded. I've done all I can do. It's my dream. I started this dream well before any code ever changed. I've been working with Mr. Foley's firm since November of '97 when we started this. I had no idea the code was going to change. If I did, I would have done something sooner. Money is an issue for me. That is why it wasn't done sooner. If I had the money, it would have been done. And it's my dream. It's my family's dream. I've been working hard, you know, for a long time. And -- CHAIRWOMAN MAC'KIE: Can I ask you a question? MR. KEENAN: Yes, ma'am. CHAIRWOMAN MAC'KIE: The concession, that I don't know who asked for, from 50 to 25 dogs, is that -- I don't want to approve something that then becomes not financially feasible. Page 94 October 12, 1999 MR. KEENAN: Be honest with you, I really didn't want to -- 25 dogs makes it hard to make a living. You know, and there's plenty of room there for 50 dogs. There's plenty of room there for 50 dogs. 25 makes it hard for me to make a living. It makes it hard for me to give people something that they need so badly. And I really didn't want to concede to that. I had no problem going down to 50, because 50 is a reasonable occupancy. CHAIRWOMAN MAC'KIE: That's what my thought was. The jump to 25 might have been unnecessary. MR. KEENAN: That hurts me. It hurts me and it hurts my family. CHAIRWOMAN MAC'KIE: Because 50 seems to fit. But okay, questions for the petitioner? COMMISSIONER NORRIS: That was my question. CHAIRWOMAN MAC'KIE: That was? If 50 might be a more reasonable number? COMMISSIONER NORRIS: Yeah, my question -- specifically my question would be how do you expect to make a profit at 25 dogs? MR. KEENAig: I'm trying to do everything I can, Commissioner. CHAIRWOMAN MAC'KIE: Appreciate that. COMMISSIONER NORRIS: If you're a person that is tight on money, why would you get into a property and a mortgage and so forth when you know it's not going to make money? At 25 dogs, it's not likely, is it? MR. KEENAN: We just said -- this just came up right now, you know. I'll be honest with you, I'm nervous, you know? COMMISSIONER NORRIS: I can see that. MR. KEENAN: It's not like I could sit down and put a pencil to it, you know? I'd probably walk out of here and say oh, my gosh, what did I do? CHAIRWOMAN MAC'KIE: Yeah, that's -- MR. KEENAN: And honestly, I thank you for bringing that up, because, you know, it just wouldn't work. CHAIRWOMAN MAC'KIE: Okay, any other questions then, board members? If not, any other registered speakers? I'll close the public hearing. COMMISSIONER CARTER: I've just got one question here. You know, you went from 100 to 50 to 25, you're back to 50. Have you really done a cost analysis on this? Ask yourself, if you're going to have a business, can you make it work at that? Forget about the zoning and everything else. MR. KEENAN: At 50 dogs, I'm certain I can make it work. At 25, why, when we talked just now, I was like, I don't -- I don't know, you know. 50 I know I can make it work. I know I can make a good living for my family. At 25, I know it would be tough. CHAIRWOMAN MAC'KIE: Okay. MR. HANCE: (Inaudible.) MR. KEENAN: That would be nice if you could get to it. CHAIRWOMAN MAC'KIE: Okay, okay. No, no, no. MR. KEENAN: I'm sorry. CHAIRWOMAN MAC'KIE: Just the conversation goes with us. Page 95 October 12, 1999 MR. KEENAN: I'm sorry. CHAIRWOMAN MAC'KIE: Okay. And thank you. I think we're finished with public speakers at this point. If you'll -- MR. KEENAN: Thank you very much. CHAIRWOMAN MAC'KIE: -- have a seat, we'll discuss. Any motion from anybody? COMMISSIONER CARTER: I have a question. If we do this, what precludes other properties in this area coming in and asking for the same kind of situation? I mean, I'm not all that familiar with this area. I see we've got I guess it's kind of a mixed use. And some of you have been here a long lot longer than I have. I need some insight into this. Does this set a precedent or is this just a situational thing? CHAIRWOMAN MAC'KIE: Where is Mr. Weigel? COMMISSIONER NORRIS: It wouldn't set a precedent unless we say it sets a precedent. MR. REISCHL: If I could answer that from a planning perspective. One of the criteria for conditional use is number of uses in the area. CHAIRWOMAN MAC'KIE: It almost works against the future -- if somebody else comes in, it's a negative for their application that there's already such a use in there. COMMISSIONER CARTER: Because you have one there, it doesn't mean you could end up with a half a dozen. CHAIRWOMAN MAC'KIE: Just the opposite. COMMISSIONER CONSTANTINE: There's two important parts to that question. One is precedent. And Commissioner Norris said legally it doesn't set any precedent at all. If anything, maybe it limits it a little more. CHAIRWOMAN MAC'KIE: I was going to say, I think that the -- you know, when I look at conditional use applications, I think about what is the reasonable expectation of the people who bought in the area. And in this case, although you might have hopes and dreams that this is going to become ~- you know, you see this country club of something coming in and you think it might be going to now become some real nicer residential area. The reality is that that's not a reasonable expectation. It might be hope. But I think it's reasonable to expect that if you're an agriculturally zoned land and you choose to build your house on agriculture land, that there's going to be animals around, and that in this case dogs are pretty inoffensive. They're house pets, often. This one is enclosed completely. It has more than I can imagine for, you know, reasonable standards to limit it. I don't think it's reasonable to expect that there wouldn't be dogs in an agricultural area. Traffic can't be an issue, because staff looked at that and said there's not a traffic issue. I just think it -- I think it fits, and I understand that people won't be crazy about it, but -- COMMISSIONER NORRIS: Well, I think another argument that's very persuasive is that up until February of this year this was a permitted use and we wouldn't be having this public hearing in the first place. Everybody that's around there has owned their property longer than Page 96 October 12, 1999 February of '99, I believe. In some cases years and years. And in all that time it's been a permitted use. So I think that having the code change at least forces public hearing where we got to air out all the issues, and we got to put -- we had a chance for the people that object to it to put some safeguards on this property. And that's exactly the purpose of some of these -- or one of the purposes of the public hearings like this. So I -- personally, I'm persuaded that the property owner has done enough to address the concerns of the neighbors who object. And I'll move approval with the conditions that I've heard here today, assuming a maximum of 50 dogs. CHAIRWOMAN MAC'KIE: Is there a second? COMMISSIONER CONSTANTINE: Yeah, I'll second that. CHAIRWOMAN MAC'KIE: Further discussion? All in favor, please say aye. Opposed? (No response.) CHAIRWOMAN MAC'KIE: Passes unanimously. Page 97 RESOLUTION 99-3 9 4 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A DOG KENNEL ON LESS THAN 20 ACRES OF LAND, CONDITIONAL USE 24, IN THE "A" ZONING DISTRICT, PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, FOR PROPERTY LOCATED IN SECTION 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use 24 of Section 2.2.2.3 in an "A" Zone for a Dog Kennel on less than 20 acres of land on the property hereinafter described, and did recommend denial of the petition by finding that no 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 Blair Foley, P.E. of Coastal Engineering Consultants, Inc. representing Robert S. & Cynthia A. Keenan 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 24 of Section 2.2.2.3 of the "A" Zoning District for a Dog Kennel in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: 1. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department shall be contacted. -"l-- An appropriate portion of native vegetation shall be retained on site as required by Section 3.9.5.5.4 of the Collier County Land Development Code. All kenneling shall be indoors. No kennels, pens or runs shall be permitted outdoors. The kennel shall be constructed of concrete block in order to Provide maximum noise attenuation. o The Planning Services Director may approve minor changes to the Conceptual Master Plan (Exhibit "C") The facility shall be limited to 50 animals at any time. The facility shall be air-conditioned with a scrubber system and no direct venting to the outside. A holding tank for animal waste shall be pumped out and removed from site at a minimum of every three days. The facility shall be painted in earth tone colors and shall have a pitched, shingle roof. 10. 11. 12. The facility is limited to one-story in height. An architecturally finished wall or fence (chain-link and barbed wire are not permitted) shall surround the facility. A "type-B" landscape buffer shall be installed around the perimeter of the property. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ,/o~,,,~ day of~999. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA PAMELA S. MAC'KIE, CHAIRWOMAN Approved as to Form and Legal Sufficiency: Marj°~e M. Student Assistant County Attorney Attest as to Chatrma'$ stg~ature only. -2- FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-~ The following facts are found: Section 2.2.2.3. 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: 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 &~ess Yes No Affects neighboring properties in relation to noise, glare, economic or odor effects: No a~ect or Affect mitigated by ~/ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use within d~strict Yes No Based on the above findings, this conditional use should, with stipulations, (copy attached) approval DATE: (should not) be reco.,,ended for EXHIBIT "A" LEGAL DESCRIPTION THE NORTH 1/2 OF THE S.W, I/~- OF THE N.W. 1/4. OF THE S.W. 1/4. OF THE N.W. 1,/4 OF SECTION 36, TWP. 4-8 S., RGE. 26 E., COLLIER COUNTY, FLORIDA; SUBJECT TO A ROAD EA3EMENT OVER THE WESTERLY 30 FEET, THE NORTHERLY 30 FEET AND THE EASTERLY 30 FEET. THEREOF EXHIBIT "B" CONCEPTUAL MASTER PLAN WOODSTORK ~ I' / /s. ~cc~ss RAMP ffETENTION/D[TENTION 04.40 CO ROAD (GRAVEL) I050 OM.. S[PTIC TANK - HANDICAP (2 eL~C£S) 6 ~OFFICE (50x79') 10,5.54) MIN. FLR. IL.= 105.34' KENNEL AREA (110'x79') SOIL TES1 HOL[ ~00 $~ (UNO~TRUCT£D ARE/ EXHIBIT "C" October 12, 1999 Item #13A2 RESOLUTION 99-395 RE PETITION CU-99-17, DONALD WAYNE ARNOLD REPRESENTING CHRISTOPHER JOHNSON OF THE GRAND LAND INITIATIVE, LLC, REQUESTING CONDITIONAL USE "17" OF THE AGRICULTURE ZONING DISTRICT TO ALLOW FOR A GOLF COURSE AND RELATED FACILITIES FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF THE INTERSECTION OF IMMOKALEE ROAD AND WOODCREST DIRVE - ADOPTED WITH STIPULATIONS Next item is 13(A) (2). Will all persons wishing to be heard on item 13(A) (2), please stand, raise your right hand, and be sworn by the court reporter. (Speakers were duly sworn.) CHAIRWOMAN MAC'KIE: Barbara, since it's ex parte disclosure, I had a meeting with the applicant. COMMISSIONER NORRIS: I had a meeting with the applicant. COMMISSIONER BERRY: I had a meeting with the applicant. COMMISSIONER CARTER: Likewise. COMMISSIONER CONSTANTINE: I had a meeting with the applicant. COMMISSIONER BERRY: Which one is the applicant? CHAIRWOMAN MAC'KIE: What is that game show? Okay, I'm -- never mind. MR. BELLOWS: For the record, Ray Bellows, current planning staff. Petitioner Wayne Arnold is requesting conditional use approval to allow for the construction of a 36-hole golf course. It should be noted that there will be both public and private golf course facilities at this location. As you can see on the location map, it's on the south side of Immokalee Road and on the east side of Woodcrest Drive. Traffic impact review indicates the project will not exceed the level of service -- five percent Level of Service C design capacity on Immokalee Road. Therefore, it's consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element. It's consistent with the Growth Management Plan that's located in the rural agricultural area. As noticed in the staff report, this petition was submitted prior to June 22nd, which is the cut-off date issued by the Governor's Office acting as the Administration Commission. Since this was submitted prior to June 22nd, it shall be reviewed consistent with the Growth Management Plan as it existed prior to that date. CHAIRWOMAN MAC'KIE: And is it consistent -- MR. BELLOWS: Yes, it is. CHAIRWOMAN MAC'KIE: -- prior to that date? MR. BELLOWS: The conditional use criteria contained in the staff report indicates that it is consistent with the criteria in that; therefore, the Collier County Planning Commission reviewed this item and recommended approval subject to -- let's see, I don't think there was any conditions. COMMISSIONER CONSTANTINE: An important distinction there is that it beats the deadline. If this had come in later, we wouldn't be here right now. Page 98 October 12, 1999 MR. BELLOWS: Yeah, they just recommend approval subject to staff stipulations. COMMISSIONER CARTER: And I also understand that they're not going to do any development of this property until standards are established for this area. CHAIRWOMAN MAC'KIE: Any residential development. COMMISSIONER CARTER: Residential. MR. BELLOWS: That's correct. This is a conditional use only for a golf course. Has nothing to do with residential. They do -- as you can see on the conceptual master plan, the lakes shown are in blue. There are some conservation areas in green. And the residential tracts are here and here. They're basically tracts of open space. And if the developer wishes to put housing on there, he's got to come back at a later date and go through. It's consistent with current code requirements. COMMISSIONER BERRY: Madam Chairman? CHAIRWOMAN MAC'KIE: Yes. COMMISSIONER BERRY: One question that I have, and I have spoken with the petitioner's representatives regarding this. My concern was another golf course on Immokalee Road and additional truck traffic, and in regard to having to bring fill into this particular project. And at that -- if that was the case, I could not approve this project, because I do not believe -- regardless of levels of service, et cetera, et cetera, I don't believe that Immokalee Road at this point in time can handle any more. And I was assured -- and if the petitioner would make this and put it on the record, please -- that this project will be done with the use of interior fill, which would not generate any further truck traffic bringing fill into this particular project. CHAIRWOMAN MAC'KIE: Okay, can we hear from the petitioner? MR. YOVANOVICH: Good afternoon, Commissioners. For the record, Rich Yovanovich. I have everybody here. I have two property owner representatives; Wayne Arnold, the planner; Steve Means, the engineer; Jeff Perry, the transportation planner; Clay Carithers, the environmental consultant; and Kirk Martin here to answer any specific technical questions you may have regarding the petition. I'm not going to get into great detail on the petition -- CHAIRWOMAN MAC'KIE: What about Ms. Berry's question? MR. YOVANOVICH: I'm going to get to that right now. As far as -- we are planning to design the site so that there will be no importation or exportation of fill. So that will assure Commissioner Berry that there will be no fill generated truck traffic. COMMISSIONER BERRY: And one other question I have, actually for Mr. Kant: Is the 50-foot right-of-way, is this enough right-of-way that if and when the time comes for the widening of Immokalee Road, is this sufficient? If it should become at some point 20 years down the road a six-lane road, would we have sufficient right-of-way? MR. KANT: Edward Kant, transportation services director. Page 99 October 12, 1999 The 50 feet is consistent with what we've gotten to the east from 1-75, out to 951, and is reasonably consistent with the 150-foot right-of-way that we've been building in. And I can say that the design for this portion of 95 -- excuse me, Immokalee Road will be underway this fiscal year, so we'll know very shortly exactly what our needs are. But typically we have been using the 50 feet since we don't have a design at this point. COMMISSIONER BERRY: If the design -- I'm going to ask this back to Mr. Yovanovich. If the design comes back and there is more right-of-way desired, would it be in the petitioner's -- I think it would be in the petitioner's best interest to make sure that we have whatever is necessary. MR. YOVANOVICH: I know we're planning on reserving the 50 feet, and I'm sure if you need additional right -- COMMISSIONER BERRY: But let's say I need 10 feet more. MR. YOVANOVICH: I'm sure we'll -- I think we can accommodate that. CHAIRWOMAN MAC'KIE: Your client is smiling and nodding. COMMISSIONER BERRY: Please note that the heads are nodding in an affirmative. Okay. COMMISSIONER CARTER: I think the other question I raised to you, Rick, is in regards to truck traffic. If there is a need for truck traffic on this project, that we would try to do it outside of what I call drive-time hours, and that's early morning and the afternoon when you've got great concentrations of traffic on Immokalee Road, that they might be able to accommodate other trucking traffic in a schedule to accommodate that. MR. YOVANOVICH: Keeping in mind the commitment to Commissioner Berry on the fill generated, yes, if an issue came up as far as that, we could accommodate traffic in the non-peak time periods. CHAIRWOMAN MAC'KIE: Okay, other questions for the petitioner? MR. YOVANOVICH: I do need to clarify for the record that we are not here today for the residential aspect of this project. That's clear. However, we wanted to make sure that we had the ability to move forward with the residential in the future, if need be. It depends on timing with the cjustering provisions that are being discussed. CHAIRWOMAN MAC'KIE: Well, obviously you got in under the Governor's order, so whatever rights you have by virtue of having filed that before that date, you have those rights. Any problem with that statement on the record? Okay. COMMISSIONER CONSTANTINE: Close the public hearing. CHAIRWOMAN MAC'KIE: Any public speakers? MR. FERNANDEZ: No. MR. KANT: Madam Chairwoman, before we go to the public, may I make a comment -- CHAIRWOMAN MAC'KIE: Please. MR. KANT: -- with respect to some of the stipulations that were, I believe, already agreed to by the petitioner? One having to do with Page 100 October 12, 1999 the location of the main access being consistent with the county's access management policy. I didn't see anything in there specific to turn lanes, even though this is just a golf course. And I would like to know if the petitioner would have any objection to stipulating at this point in time that adequate turn lanes consistent with county policies be installed right from the beginning of construction. COMMISSIONER BERRY: Yes. MR. YOVANOVICH: That's not a problem. MR. KANT: Thank you. MR. YOVANOVICH: We can agree to that. CHAIRWOMAN MAC'KIE: Okay. Any public speakers? Then we'll close the public hearing. Is there a motion? COMMISSIONER NORRIS: Yes, I'll make a motion. I'd like to make a motion that we approve with the stipulations as agreed to by the petitioner: One, dealing with the providing by the petitioner of adequate turn lanes; that there will be no importation or exportation of fill material from the project; and third, that if more than 50 feet of right-of-way is needed by the county, that the petitioner will provide it. CHAIRWOMAN MAC'KIE: Along with the staff's -- COMMISSIONER BERRY: I'll second that. COMMISSIONER CONSTANTINE: 175 feet. COMMISSIONER NORRIS: Another 500 and -- MR. YOVANOVICH: That's a little bit more open-ended than -- you know, the 10 feet we had no problem with. You're not talking about what Commissioner Constantine was jokingly saying, I hope, the 175 feet? COMMISSIONER NORRIS: The 25 feet? MR. YOVANOVICH: No, more than that. COMMISSIONER BERRY: We may need a parking lot out there, too. I didn't tell you guys that. COMMISSIONER NORRIS: Okay, let me modify that third condition to say that if requested by the county, an additional 25 feet of right-of-way will be provided by the petitioner. CHAIRWOMAN MAC'KIE: Okay, is there a second for that? COMMISSIONER BERRY: I'll second it. CHAIRWOMAN MAC'KIE: Any discussion? If not, all if in favor, please say aye. Opposed? (No response.) CHAIRMAN MAC'KIE: That passes unanimously. Page 101 OCT ! 2 1999 RESOLUTION 99- 3 9 5 A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF GOLF COURSE CONDITIONAL USE "17" IN THE "A" RURAL AGRICULTURE ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3. OF THE COLLIER COUNTY LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTIONS 25 AND 36, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among which is the granting of Conditional Uses; and WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby affected, has held a public heating after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "17" of Section 2.2.2.3. in an "A" Rural Agriculture Zone for a golf course 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 Mr. D. Wayne Arnold of Wilson Miller, Inc. representing Grand Land Initiative, LLC 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 "17" of Section 2.2.2.3. of the "A" Rural Agriculture Zoning District for a golf course 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. -1- OCT 1 2 1999 BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ['k'x'~. day of Q)~.-x.~,~_..9... ,1999. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA PAi~IELA S. MAc'KIE, (~hai[woman -ATTEST:. "- · DWIGHT EiBROCK, Clerk Legal Sufficiency: Marjor~iJe M. Student Assistant County Attorney f/CU-I 7 RESOLUTION/RB/ts 2 OCT 1 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-17 The following facts are found: 1. Section ~ 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: ho Consistency with the Land D/~v¢lopment Code and Growth Management Plan: Yes / No Bo Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ingress &/e~ess Yes ~/No Co Affects neighboring properties in relation to noise, glare, economic or odor effect/ t/No affect or ~ Affect mitigated by __ ~ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible use w/ti)id district Yes v/ No Based on the above findings, this conditio~pulations, (copy attached) (should not) be recommended for approv~tl t4/9,A~O/]~ .~_ __ . f/FINDING OF FACT MEMBER/md EXHIBIT "l" OCT 1 2 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99.17 The following facts are found: 1. Section ~ 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: Consistency with the Land D/e/velopment Code and Growth Management Plan: Yes 1~' No Ingress and egress to property and proposed structures thereon with particulm' 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 w,- No Co Affects neighboring properties in relation to noise, glare, economic or odor effe.cts.~ C/No affect or ~ Affect mitigated by_ ~ Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use wi,thi~strict Yes 4/ No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval i f/FINDING OF FACT MEMBER/md 0C ' 2 999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR Cu-99-17 The following facts are found: 1. Section ~ 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: ho Consistency with the Land Development Code and Growth Management Plan: Yes L// No Bo 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 Co Affects neighboring properties in relation to noise, glare, economic or odor effects: No affect or ~ Affect mitigated by __ ~ Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use with~ district Yes~/- No Based on the above findings, this conditional u~sho~-~th stipulations, (copy attached) (should not) be recommended for approval / f/FINDING OF FACT MlEMB~ 1999 FINDING OF FACT BY COLLIER COUNTY PLANNIlqG COMMISSION FOR A CONDITIONAL USE PETITION FOR. CU-99-17 The following facts are found: 1. Section ~ 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: Consistency with the Land De/velopment Code and Growth Management Plan: Yes.L./ No Ingress and egress to property and proposed strucuu~ thereon with particulsr reference to automotive and pedestrian safety and convenience, traffic flow and control, and access m case of fire or catastrophe: Adequate ingress & egress Yes . (_//No ~ Affects neighboring properties in relation to noise, glare, economic or odor effec ~ No affect or ~ Affect mitigated by ~ Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use within, district Yes x.// No Based on the above findings, this conditional use should, with stipulations, (copy attached) (should not) be recommended for approval f/FINDrNO OF FACT Ml~m~ OCT 1999 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-17 The following facts are found: 1. Section _22L22t~._ 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: ho Consistency with the Land Development Code and Growth Management Plan: Yes L//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 ,&~egress Yes v No Co Affects neighboring properties in relation to noise, glare, economic or odor effect~' I/ No affect or ~ Affect mitigated by ~ Affect cannot be mitigated Do Compatibility with adjacent properties and other property in the district: Compatible use wit~district Yes l/ bio Based on the above findings, this conditional use should, with stipulations, (copy attached) (~ be recommended for appwval ~./(' . ..~/~ DATE: qb/~'~ MEMBER' .~~~-,~~'- f/FINDING OF FACT 1999. FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU-99-17 The following facts are found: I. Section ~ 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 Lan.d/De';.,elopment Code and Growth Management Plan: Yes ~' No Bo 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 fir~e or catastrophe: Ade, quate ingress.&/e~css Yes 1/ No Co Affects/r~eighboring properties in relation to noise, glare, economic or odor V No affect or Affect mitigated by ~ Affect cannot be mitigated Compatibility with adjacent properties and other property in the district: Compatible usc w!th~district Yes V No Based on the above findings, this conditional use should, with stipulations, (copy attached) l~) be recommended for approval E~~ f/FINDING OF FACT MEM~F.R/md 1999 LEGAL DESCRIPTION Description of part of Sections 25 & 36, Township 48 South, Range 26 East, Collier County, Flodda. The west 112 of the Northwest 1/4 of the Southwest 1/4, Section 25, Township 48 South, Range 26 East, Collier County, Florida, subject to an easement on, over and along the North 30 feet for all the usual purposes of ingress and egress. (O.R. BOOK 1143, PAGE 2286); AND .the East 1/2 of the Northwest 1/4 of the Southwest 1/4 of Section 25, Township 48 South, Range 26 East, Collier County, Florida, excepting and reserving therefrom the North 30 feet and the East 30 feet thereof as access easement for highway fight-of-way. (O.R. BOOK 1225, PAGE 1714); AND the West 1/2 of the Northeast 1/4 of the Southwest 1/4, Section 25, Township 48 South, Range 26 East, Collier County, FIodda. (O.R. BOOK 2194, PAGE 0416); AND the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 25, Township 48 South, Range 26 East, Collier County, Florida, excepting and reserving therefrom the North 30 feet and the East 30 feet thereof as access easement for highway right-of-way. (O.R. BOOK 1335, PAGE 218); AND the West 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 25, Township 48 South, Range 26 East, Collier County, Florida. (O.R. BOOK 1922, PAGE 1837); AND the East 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 25, Township 48 South, Range 26 East, Collier County, Florida. (O.R. BOOK 1363, PAGE 72); AND the West Half of the Northwest Quarter of the Northeast Quarter of the Southeast Quarter of SECTION 25, Township 48 South; Range 26 East, said Land situate lying and being in Collier County, Florida. (O.R. BOOK 752, PAGE 273); AND the East Half of the Northwest Quarter of the Northeast Quarter of the Southeast Quarter and the Southwest Quarter of the Northeast Quarter of the Southeast Quarter of the Section 25, Township 28 South, Range 26 East, said Land situate lying and being in Collier County FJorida. (O.R. 752, PAGE 274); AN.D the East half of the Southwest quarter of the Southwest Quarter of Section 25, Township 48 South, Range 26 East: Subject to existing restrictions and reservations of record; and SUBJECT to an easement for public road right-of-way over and across the South 30 feet thereof. ( O.R. BOOK 142, PAGE 230-231); AND The west half of the southeast quarter of the southwest quarter of Section 25, Township 48 South, Range 26 East, Subject to existing restrictions and reservations of record; and SUBJECT to an easement for public road right-of-way over and across the south 30 feet thereof. (O.R. BOOK 109 PAGE 471-472); AND the East Half of the Southeast quarter of the Southwest quarter of Section 25, Township 48 South, Range 26 East; subject to existing restrictions and reservations of record; and subject to an easement for public road right-of-way over and across the South 30 feet thereof and the East 30 feet thereof. (O.R. BOOK 1239, PAGE 1156); AND the West half of the Southwest quarter of the Southeast quarter of Section 25, Township 48 South, Range 26 East; subject to existing restrictions and reservations of record: and subject to an easement for public road right-of-way over and across the South 30 feet thereof and the West 30 feet thereof, all in Collier County, Florida. (O.R. BOOK 1353, PAGE 633-634); AND the East half (E 1/2) of the Southwest quarter SW (114) of the Southeast quarter (SE 1/4) of Section 25, Township 48 South, Range 26 East, Collier County, Florida. (O.R. BOOK 1158, PAGE 332); EXHIBIT "B" ,'OCT 2 1999 DesCription of part of Sections 25 & 36, Township 48 South, Range 26 East, Collier County, Flonda. Continued: A..ND the West half of the Southeast quarter of the Southeast quarter of Section 25, Township 48 South, Range 26 East, SUBJECT to existing restrictions and reservations of record; and SUBJECT to an easement for public road right-of-way over and across the South 30 feet thereof, LESS AND EXCEPTING the South 112 of the South 1/2 of the West 1/2 of the Southeast 1/4 of the Southeast 1/4. (O.R. BOOK 1158, PAGE 332); A. ND the South 112 of the East 112 of the NE 1/4 of the SE 1/4 of Section 25, Township 48 South, Range 26 East, Collier County, Flodda; AND the North 112 of the NE 1/4 of the SE 114 of the SE 1/4, Section 25, Township 48 South, Range 26 East, Collier County, Flodda. (O.R. BOOK 1168, PAGE 255); AND the following three parcels as recorded in O.R. Book 1538, Pages 318-319, Collier County, Florida: PARCEL 1 The West 112 of the Northeast 1/4 of the Northwest 114 of Section 25, Township 48 South, Range 26, East, Collier County, Florida, LESS and excepting the North 100 feet thereof for highway right-of-way, and less the west 352.48 feet; PARCEL 2 The West 112 of the Southeast 114 of the Northwest 1/4 of Section 25, Township 48 South, Range 26 East, Subject to an easement for public road right-of-way over and across the West 30 feet thereof and the South 30 feet thereof, Collier County, Florida; PARCEL 3 The East 1/2 of the Southeast 1/4 of the Northwest 1/4 of Section 25, Township 48 South, Range 26 East; Subject to an easement for public road right-of-way over and across the South thirty feet (30) and the East thirty feet (30) thereof; AND the West half of the southwest quarter of the northeast quarter of Section 25, Township 48 South, Range 26 East, Collier County, Florida, less the west 30 feet thereof and the south 30 feet thereof as access easement for highway right-of-way. (O.R. BOOK 1445, PAGE 705); A. ND the East 1/2 of the Northwest 1/4 of the Northwest 1/4 of Section 25, Township 48 South, Range 26 East, Collier County, Flodda. (1438, PAGE 454-455), Less the North 100 foot thereof; AND the West one-half (W 1/2) of the Northwest one-quarter (NW 1/4) of the Northeast one- quarter (NE 1/4) of Section 25, Township 48 South, Range 26 East, Collier County, Florida, less the North 100 feet thereof. (O.R. BOOK 1317, PAGE 2111); A. ND the North 1/2 of the Northeast 1/4 of the Northwest 1/4, Section 36, Township 48 South, Range 26 East, Collier County, Flodda, Subject to a public easement on, over and long the North and East 30 for ingress and egress and SUBJECT TO EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD. (O.R. BOOK 1872, PAGE 1308); AND the North 1/2 of the NW 1/4 of the NE 1/4, Section 36, Township 48 South, Range 26 East, Collier County, Flodda. SUBJECT TO easements for public road right-of-way over and across the West 30 feet thereof and the North 30 feet thereof. (STEWART TITLE GUARANTY COMPANY, POLICY NUMBER 0-9902-503183, ORDER NUMBER 89100038); AND the West 112 of the Southwest 1/4 of the Northwest 1/4 of Section 25, Township 48 South, Range 26 East, Collier County, Florida (O.R. BOOK 2379 PAGE 1374); AND the East 112 of the Southwest 114 of the Northwest 1/4 of Section 25, Township 48 South, Range 26 East, Collier County, Ftodda (O.R. BOOK 2379 PAGE 1373); AND the West one-half (1/2) of the East one-half (112) of the Southwest one-quarter (1/4) of the Northeast one-quarter (1/4) of Section 25, Townsl~ip 48 South, Range 26 East, Collier County, Floricla. (O,R. BOOK 1501, PAGE 1629-1630); AND the West 1/2 of the Northwest 1/4 of the Northwest 1/4 of Section 25, Township 48 South, Range 26 East, Collier County, Florida. LESS THE NORTH 100 FEET. (O.R. BOOK 1564, PAGES 87-88), (O.R. BOOK 2110, PAGES 191-192)AND (O.R. BOOK 1445, PAGE 2365); AN....~D the North ONE-HALF (1/2) of the East ONE-HALF (1/2) of the North East ONE- QUARTER (1/4) of the South East ONE-QUARTER (1/4) of Section 25, Township 48 South, Range 26 East, Collier County, Florida. (O.R. BOOK 23051 PAGES 135-136); Containing 500 acres more or less Subject to easements and restrictions of record. OCT 1 1999 EXHIBIT "C' CONCEPTUAL LAND PLAN WITH ~ SURI:ACE WATER MANAGEMENT FEATURE8 Prepared tot; (kancl Lilnd Initiative LLC Wils Miller OCT ! 2 1999 CONDITIONS OF APPROVP,1, CU-99-17 a) b) c) d) e) 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 location of the access points on Immokalee Road (CR-846) is subject to the Collier County Access Management Plan. An appropriate portion of native vegetation shall be retained on site as required in Section 3.9.5.5.4 of the Collier County Land Development Code. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. This plan shall include methods and time schedule for removal of exotic vegetation. The developer shall not import or export fill material to or from the subject site without prior approval of the Board of County Commissioners. The required turn lanes shall be illustrated on the site development plan or construction drawings as approved by the Transportation Services Department. The required turn lanes shall be in place prior to the start of construction of the golf course. g) The petitioner shall reserve a strip of land up to a total of 75 feet in width along the northern property line, adjacent to Immokalee Road, for right-of-way purposes. The road right-of-way shall be conveyed to Collier County Transportation Services Department. The petitioner shall receive road impact fee credits pursuant to Section 2.7.4.5.4 of the Collier County Land Development Code. EXHIBIT "D" October 12, 1999 Item #14A COUNTY ADMINISTRATOR, PUBLIC SERVICES ADMINISTRATOR AND SOCIAL SERVICES DIRECTOR TO BE ON THE PANEL FOR SELECTION OF THE PUBLIC HEALTH DIRECTOR And we're down to staff communications. MR. FERNANDEZ: Madam Chairwoman, I have one item that came to me after the agenda deadline. This is the matter of the selection of the public health director. We've been asked to identify three members to the panel. There will be three members from the Florida Department of Health, but they're asking three from the Board of County Commissioners. Our recommendation is that one member be the county administrator, the other member be the public services division administrator, and that the third member be a county commissioner, or if the commission feels that it does not wish to appoint an elected official to the panel, that the third one be Martha Skinner, our social services director. CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: of the board? COMMISSIONER NORRIS: CHAIRWOMAN MAC'KIE: COMMISSIONER BERRY: CHAIRWOMAN MAC'KIE: I'd sure be happy with Martha Skinner. I think Martha Skinner. Is that sufficient -- acceptable to the rest Anybody ask Martha? Tom can tell Martha. I'm sure she'll be happy to do that. We love you, Martha. MR. FERNANDEZ: Thank you, that's all I have. CHAIRWOMAN MAC'KIE: Anything, Mr. Weigel? MR. WEIGEL: No, nothing, thank you. Item #15 BOARD OF COUNTY COMMISSIONERS, COMMUNICATIONS CHAIRWOMAN MAC'KIE: Commissioner Berry? COMMISSIONER BERRY: No, ma'am. Other than I did go last week to the Florida Coalition of Coastal Communities, which has been established. The president is Carol Atkinson from Dade County. She is more or less -- she and Fred Dudley have been the brain children with this organization. The vice president is Mrs. Riech from Monroe County, and the secretary/treasurer is Bill something-or-other, I think, from Okaloosa, I believe, is his county. And we will be meeting in November in Tallahassee during the Florida Association of Counties Days when they put their legislative package together. We will have a meeting that will kind of work in, either be a breakfast or a luncheon or something to formally set our particular legislative agenda. I learned a lot in terms of other counties and their frustrations in terms of accessing revenues that larger counties have access to and smaller counties have access to. But we're at an awkward age and we don't. Page 102 October 12, 1999 And some of the same concerns that these other coastal communities share with us. This was very interesting to hear some of their concerns. In many cases, we're a lot better off than some, and to be envied by many of them. But it's also nice to hear that sometimes we're in the same boat as everybody else and share the same concerns. So we are putting the legislative package together. The items that we had talked about at the commission meeting before I went up there, we were able, as I mentioned earlier, to get the tourist tax on. They decided to limit their legislative package to about three items so it doesn't become too cumbersome. And these will also not be in opposition to anything that the Florida Association of Counties might present in their legislative package. But anyway, I believe Jim and I will be up in Tallahassee in November and we'll be attending this meeting at that time. So if there's anything else that you want me to bring to the committee, please let me know. CHAIRWOMAN MAC'KIE: We'd need to talk about it at the next meeting then, if there's -- if anybody has something, they need to put it on the agenda. Commissioner Norris? COMMISSIONER NORRIS: Nothing. CHAIRWOMAN MAC'KIE: Commissioner Carter? COMMISSIONER CARTER: Just on the last -- on the issue about the county health administrator, is my understanding that ultimately that candidate is approved by the Board of County Commissioners? CHAIRWOMAN MAC'KIE: That's right. COMMISSIONER CONSTANTINE: Sure. CHAIRWOMAN MAC'KIE: Well, is approved the right word? COMMISSIONER CONSTANTINE: Yes. MR. FERNANDEZ: Confirmed I think is probably a better word. COMMISSIONER NORRIS: Confirmed and approved means the same thing. CHAIRWOMAN MAC'KIE: We get to vote. COMMISSIONER CARTER: Confirmed. Okay, thank you. CHAIRWOMAN MAC'KIE: Commissioner Constantine, anything? COMMISSIONER CONSTANTINE: One nice little thing and then a couple of calendar updates. I was up in Washington at Congressman Foley's fly-in a week or two ago dealing with a number of federal agencies that we have to deal with and so on and met with a guy from the Palm Beach area who works with counties all over the state. And he said, completely unprompted, oh, Collier County, gosh, we try to pattern ourselves after you guys. And he works with like four or five counties. I said, gosh, I wish we could get you down there and say that publicly in Collier County. CHAIRWOMAN MAC'KIE: So you thought you'd do it, since -- COMMISSIONER CONSTANTINE: Yeah. It was very, very nice to hear. MR. FERNANDEZ: Is he available for the next board meeting? COMMISSIONER CONSTANTINE: Yeah, round him right up. A couple of calendar updates. October 25, the Golden Gate Community Center is the Army Corps of Engineers meeting. If you all Page 103 October 12, 1999 can come, please do. And also, let our friends in the public know that's going on. CHAIRWOMAN MAC'KIE: Likewise, they're going to be here at our next -- is it our next meeting, Sue, that they're going to be here? MS. FILSON: I didn't hear the question, I'm sorry. COMMISSIONER CONSTANTINE: It will be the following day, 26th. MS. FILSON: 26th, yes. COMMISSIONER CONSTANTINE: October 21, Eddie Money will be playing in Fort Myers. Tickets still available. And October 31st has been declared Halloween. CHAIRWOMAN MAC'KIE: Isn't that a good thing? My only communication is I have a message from Donna Fiala saying that the East Naples board would like to meet with the Collier County staff about Santa Barbara extension; in particular, about the choice of the route and to -- they wanted to invite some staff to a board meeting of the East Naples Civic Association, so I promised to communicate that. And I'm sure you'll take that, Mr. Fernandez. Is there anything else to come before this board? If not, we're adjourned. ***** Commissioner Norris moved, seconded by Commissioner Constantine, and carried unanimously, that the following items under the Consent and Summary Agenda be approved and/or adopted~ ***** Item #16A1 FINAL PLAT OF .INDIGO LAKES", - WITH PERFORMANCE SECURITY, CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS Page 104 OCT t 2 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 October 12, 1999 Item #16A2 FINAL PLAT OF "HOME DEPOT NAPLES. Item #16A3 FINAL PLAT OF .LAUREL LAKES, PHASE ONE" - WITH PERFORMANCE SECURITY, CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS Page 105 OCT I 2 1999 CONSTRUCTION, NIAIN. TENANCF, AND ~SGROW AGREEMENT FOR 8UBDMSION IMPROVEMENTS THIS AGKEEMENT entered into this \~."t~ day of~, 19._~ by l~li.a.ls, lac. (hereinafter "Developer"), THE BOAtLD OF COUNTY COMMISSIONEKS OF COLLIEK COUNTY, FLORIDA, (hereinafter "Ihe Board'~ and GulfCoaanNatienal Bank (herein- after "Lender'). "" RECITALS: A. Developer has, simultaneously wi~h the delivery et this Agreement, applied for the approval by the ]~oard of a certain plab of a ~atxiivision ~ be known as:, Laurel ?Xes, Phase at Laureh¥ood, a P.U.D. , B. The subclkvislon ,a4il include certain improvements wkich are require8 by D~l~ier Dounty ordinances, as set forth in a site construction cost estimate ("Estlma~e") prepared by James 8: .Roberts, PE , n copy et' which is attached hereto and incorporated herein as Exhibit 1. ~'o~ purposes'of this AgreemeuL the "Required Improvements" are limited ~o those described in the EsUma~e. iD. Sectlon~ $.9..6.t5.6 v-nd 3.~.9.1 of' the Oolller County Subdlvlsiou Code Dlvlsion of the L~nd ]Oevelopraen~ Do6~ requires the .Developer to provide ~ppropriate gu uyantees the ~s!ruction and raaintensuce e[the Required Improveraenk~. D. Lender has entered in~o u con~trucHon lean a~cemcnt wi~h Developer June 15, ~999 [the °'Conskructien Loan") to [and the cos~ or the Required Improvemenks. E. Developer ~nd the Boa_rd have acknowlcdgexl that the amoun; Developer is re~t. ulred to guarantee pursuant tn this Agreemen~ is $955,075.0q and ~his ~moxJn[ rcprc~enk~ 110% of Developer'~ ~ugineer's e~imaLe of the eon~truckion costs [or the Required Improvement~. NOW, THEI~FORE, in ~nsideration ~[ the foregoing premises a~d mutual covenants 'herelnnfter ~ £o~h, Developer, the Board and the Lender do hereby covet~ant and agree ss £ollows: '- ~. Developer will cause the waLcr, sewer, roads, drainage and like £ac~Hties, the Required Improvements, to be constructed pursuant to spcclF~cations that h~ge lnean ~pproved by khc DeveIopmen~ Services Director within e~oht months from the date of approval of saEd subdivision plat. 2. Developer he.reby authorizes Lender to hold $955,076.00from the Construction Lean, in cacr~w, pur~uart~ to thc ~rrrm of ~h{a Agreement, 3. Lender ag~es to hold ~n e~row $955,075'.oofrom the Construction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement ~hali not cons~i- tutc n draw agains~ the Cons~-uc~ton L~an fund, bu~ that only such funds as are actually disbursed, whether pursuan~ t~ this Agreement or a provision of the Construction Loan, ~hall ~ccruo interest. 4. ?he escrowed funds shall be. rele~ed t~ the Developer only upon v,q-i~b~d approval the Development Gervices Director who shalt approve the release et' the funds on deposi6 not more than on'ce a raont:),, to the Developer, in amounts due )'or work clone to date based on percentage comple~ion of the. work rnul~-iplted by thc respective work coals leas ten peFcen~ (10%1; and I'u rther, tha~ upon ccmple~ion of the work, (.he Development Services Director shall upp~ov¢ the rele~,s= o.r e. ny remainder or escrowed funds e_xcepL to the ex~en~ of $g5.507.50 . which ~hatl remain in e~c~v: a.-. :~ Developer gul)ranty of m:~{n~.on:knco of the Reqolred provcmcnts For a minimum l:¢dod oFono (1))'ear purauant [0 Paragraph 10 o.r the Agreement. 0 CT i 2 1999 However, in the event that Developer sh~l fall to comp!y with the requirements cf 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 Count)' will have executed and delivered to the Lender in exchange for such funds a statement to be'~igned by the Development Ser~'ices Director to the effect (hat: (a) De~eloper for more than sLxty (60) days. after written notification of such Failure has failed to comply with the requirements of this agreement; (b) The Couriby, 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 phblic interest to the'extefit of the funds then held in escrow; (c) The escrow funds drawn down by the County shall be used for construc- tion of the Required Improvements, engineering, legal and contingent costs and expenses, end to offset an)' damages, either direct or consequen- ti~, which the County may sustain on account of the failure of the De- ,,,eloper to cart7 cut and execute the hbove-mentioned development wo~:k; and, (d) The County vail promptly repay to 'the Lender any portion of the funds drav,-n dovrn and not expended in completion of the said develop.ment work. 5. Written notice to the Lender by the Count)' specifying v;hat amounts are to be'paid to the Developer shall constitute authorization by the Count)' 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 b~ the County to the Lender shall constitute a release by the Count)' and Developer of the Lender for the funds disbursed in accordance with the letter of authorization from the Count)'. 6. The Required Improvements sh~.ll not be considered complete tintil a statement of substantial completion by Developer's en~neer along with the final project records have been furnished to be reviewed and approved by the Development Se,vices Director for compliance with the Collier County Subdivision Regul.ations. 7. The Development Se~'ices Director sh-~ll, within sLxty (60) days ofreceipt et' the state- ment of substantial completion, either: a) notify the Developer in vrriting of his prelimina~' e. pproval of the improvements; or b) notify the Developer in writing of'his refusal to ~pprove impro'.'emen~,s therewith specifying those conditions which the Developer must fulllll in order to obtmn the Director of the Required Improvements. However, in no event shall the Devel. opment Services Director refuse preliminary approval of the improvements it' they are in fact constructed and submitted for approval in accordance with the requirements et' this A~ee- meat. 8. Should the funds held in escrow be insufficient to complete the Required Improve- meats, the Board, after dui)' considering the public intere.% m,~y at its option complete the Required Improvements end resort to an). and ell legal remedies against the Developer. 9. Nothing in this Agreement snal! mar-re the L.nd~r liabl~, for an)' runes other than those placed in deposit by the Developer in accordance vAth the foregoing provision; provided, the..'. the Lender does not release an)' monies to the Developer or to ar,>' other person except as stated ia Lhis Escrow Agreement. Supp. No. I LDCA:8 0 C T ! 1999 10. The Developer mhall maintain all Required Improvement for one year alter prelim. inary approval by the Development SeFvtees Director. After the oho year maintenance peried by the Developer and upon submission o( a writ~n request for inspection, the 1Bevelopm~nt ~er~ricc~ Director shall inspecL the ~lulred Improvements and, if found to be still in comli- ance with the ~xle as reflected by final approval by the Board. the Lender's resl~onsibility to the Board under this AL~'ement h terminate1. The Developer's resp~nsibiiit~ far n~nte. nsnce of the Required Improvements shall continue ~nleea or un~l thc ~ acccpt~ main- tenance responsibility for and by the County. 11. Ali o~ the terms, covenants and conditions herein eonLtined are and shall be binding u~ou Li~c Dcv~iogcr & L~d~i-, Lbs ,'e~p¢cdve succ¢~o,'s eu~d aaai~ of the Developer & Lender. IN WI~ WH~I~OP, the Board and the Developer executed by their duly authorized representatives ~ls_ ~9..'~.., $~ONlgD, SEALED THE P~E. SENCE OF: Printed or Typed Name (Lenderl GULF COAST NATIONAL BANK Printed or Typed Name Senior Vice President & Senior Lender ~,, ~ ~ dn{',~d..or~dName ,? . . "~ ~ ~-' ! ',~,!!;,'.ili,.';D~H~:'E. BROCK, CLERK F. ' ¥. -~'~,*'~ 'ta i:;~'s ,', ' ~' , --- - · %:'~','~,.;~,~::t',Eeputy Cf~kAttes ~ ~ ~l~ ~ Pamela S. Mac'kie, Chai~emon ": ...... Appqoved ss ~ fo~ ~d leal Supp. No. I LDCA:9 PROBCOST ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COST I,,AUREL LAKES. PHASE ONE. at Laurelwood. a P.U.D. ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE WATER SYSTEM 1.01 6" PVC CL 150 Water Main LF 1.02 8" PVC CL 150 Water Main 3,375 LF 1.03 6' PVC CL 200 Water Main LF 1.04 8" PVC CL 200 Water Main 286 LF 1.05 Fire Hydrant Assembly 5 EA 1.06 Temp. Blow-Off & Fire Hydrant Assembly 2 EA $ 1.07 3' PVC Utility Conduit 1,800 LF $ 1.08 Connect to Exist. 24' WM I EA $ 1.09 6" Gate Valve & Box AssemblyEA $ 1.10 8' Gate Valve & Box Assembly5 EA $ 1.11 6"x 6" Tee EA $ 1.12 6"x 8" Tee 3 EA $ 1.13 8" Ductile Iron Pipe LF $ 1.14 8"X 6" Reducer 3 EA $ $ 12.00 $ 13.00 $ 13.50 $ 14.75 $ 1,500.00 1,550.00 4.25 500.00 500.00 600.00 250.00 300.00 15.00 500.00 SUBTOTAL OF ITEM I SANITARY SEWER 2.01 8" PVC 0'-6' Cut 1,670 LF 2.02 8' PVC 6'-8' Cut 295 LF 2.03 8" PVC 8'-10' Cut 340 LF 2.04 8" PVC 10'-12' CUt 1050 LF 2.05 8" PVC 12'-14' CUt 240 LF 2.06 4' Conc. Manhole 0'-6' 5 EA 2.07 4' Conc. Manhole 6'-8' I EA 2.08 4' Conc. Manhole 8'-10' 1 EA 2.19 4' Conc. Manhole 10'-12' 2 EA 2.10 4' Conc. Manhole12'-14' 4 EA 2.11 4' Conc. Manhole 14'-16' 1 EA 2.12 Service Laterals 1,800 LF 2.13 6' Cleanouts 6 EA 2.14 6" Double Cleanouts 33 EA 2.15 Connect to Exist. 12" FM I EA 2.16 Pump Station ILS 12.50 14.00 20.00 24.00 28.00 1,200.00 1,400.00 1,600.00 1,850.00 2,100.00 2,400.00 lO.OO 100.00 250.00 1,5oo.oo 65,003.00 SUBTOTAL OF ITEM 2 EXTENSION $ 0.00 $ 43,875.00 $ o.oo $ 4,218.50 $ 7,500.00 $ 3,100.00 $ 7,650.00 $ 500.00 $ 0.00 $ 3,000.00 $ 0.0o $ 900.00 $ 0.00 $ 1,500.o0 $ 72,243.50 $ 20,875.00 $ 4,130.00 $ 6,800.00 $ 25,200.00 $ 6,720.00 $ 6,000.00 $ 1,400.00 $ 1,600.o0 $ 3,700.00 $ 8,400.00 $ 2,400.00 $ 18,000.00 $ 600.00 $ 8,250.00 $ 1,500.00 $ 65,000.00 $ 180,575.00 OCT 1999 Page1 of- 7_., PROBCOST OCl 2 199 ITEM 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 4.01 4.02 4.03 4.04 4.05 4.06 4.07 4.08 2960EE DESCRIPTION UNIT QUANTITY PRICE PAVING AND GRADING 12" Subgrade 6' Limerock Base 1 1/2" Asphaitic Con. 5-1 2' valley Gutter Type A Curb Seed and Mulch Precast Bridge w/F'ooters Brick Pavers Rear Drainage Swale Earthwork Stop Sign Speed Emit Sign Street Name Sign 18" Stop Bar Bridge Guardrail w/Columns Street Lighting Sidewalks Turnlanes:12"Sub,6"Base, 1-1/2 AMOUNT SUBTOTAL OFITEM 3 DRAINAGESYSTEM Drainage Catch Basins Junction Box 15" RCP Drain Pipe 18" RCP Drain Pipe 24 RCP Drain Pipe 30" RCP Drain Pipe 12' Polyetylene Pipe Headwall 35,2O9 SY $ 1.50 28,921 SY $ 3.50 26,270 SY $ 2.05 15,430 LF $ 4.00 3,736 LF $ 4.00 18,900 SY $ 0.75 0LS $ - 4,000 SY $ 2.50 962 SY $6.50 ILS $4,000.00 17,500 CY $3.25 4 EA $150.00 4 EA $150.00 4 EA $150.00 40 LF $2.20 0 LS $1,500.00 ILS $25,0OO.00 3921 SY $13.90 1161 SY $7.05 EA EA LF LF LF LF LF EA SUBTOTAL OF ITEM 4 TOTAL OF ALL ITEMS CONTINGENCIES 10% SAY 14 2 0 737 1,290 0 0 7 Page2 ol, rr ~. $1,500.09 $1,500.00 $16.25 $19.00 $24.00 $37.0O $1o.oo $300.0O Page 2 EXTENSION $ 52,813.50 $ 101,223.50 $ 53,853.50 $ 61,720.00 $ 14,944.00 $ 14,175.00 $ o.oo $ 10,000.00 $ 6,253.00 $ 4,000.00 $ 56,875.00 $ 6oo.oo $ 600.oo $ 600.0o $ 8e.00 $ 0.o0 $ 25,0o0.00 $ 54,501.90 $ 8,185.o5 $ 465,432.45 $ 21,001.26 $ 3,000.00 $ o.oo $ 14,003.00 $ 30,960.o0 $ o.oo $ o.oo $ 2,100.00 $71,064.26 $ 789,315.21 78,931.52 $ 868,246.73 October 12, 1999 Item #16A4 FINAL PLAT OF .GLEN LAKE ESTATES" - WITH PERFORMANCE SECURITY, CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS Page 106 OCT 12 199 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION ANDMAINTENANCE AGREEMENT FOR SUBDIVISION I~S~_ntered into this /~ day of ~~between Vineyards Development Corporation, Inc. hereinafter referred to as "Developer", and the Board of County Co(m~ssioners of Collier County, Florida, hereinafter referred to as the "Board". RECITALS A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval of the Board of a certain plat of a subdivision to be known as GLEN LAKE ESTATES B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bond agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the forgoing 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 Roadway, Drainage, Water and Sewer Improvements within 12 months from the date of the approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) in the amount of $76,083.00 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of work to complete the required improvements at the date of this Agreement. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the Land Development Code, Collier County, may call upon the subdivision performance security to insure satisfactory completion of the required improvements. OCT !999 o 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 and approved by the Development Services Director for compliance with the Collier County Land Development Code. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. C 1 2 1999 o Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work complete. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the projects records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. In the event the Developer shall fail or neglect to fulfill its obligation under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed and maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. IN WITNESS WHEREOF , the Board and the Developer have caused this Agreement to be executed by their,~l_~uthorized /~. representatives this /~ day of (L!~/.~-~-~ , . SIGNED, SEALED AND DELIVERED IN Inc. THE PRESENCE OF: SANDRA WALSH Printed or Typed Name Vineyards Development Corp., Printed or Typed Name PRESIDENT & CE0 Title i."~~ Pri~ed ..~r Typed Name ' ~pU.~y:Ci~'rk A test as t0 Chaf .'s A~proved as, to fo~ and le~l sufficiency: ~avid C. W~el County Attorney BOARD OF COUNTY COMMISSIONERS OF LOCKHART ENGINEERING, INC. CIVIL SITE PkANN1NG ZONING MEMORANDUM TO FILE DATE: APRIL 1, 2000 PROJECT: GLEN LAKE ESTATES PLAT SUBJECT: BOND REQUIREMENTS FOR PLAT RECORDING (REVISED) ROBERT K. LOCKHART, P.E. President 1. Original Engineer's construction cost estimate for Glen Lakes Estates area totaled $595,450 2. Less portion associated with lake excavation that is included in separate bond = $117,583 3. Adjusted cost total for Glen Lake Estates area = $477,867 4. Original Engineer's construction cost estimate for Vintage Colony Blvd. area totaled = $207,394 5. Total applicable construction cost for both areas = $685,261 6. Actual construction costs per Contract with Florida State Underground, Inc.: a. Glen Lake Estates area portion = $ 538,971.03 b. less costs associated with lake excavation of $140,367 c. Vintage Colony Blvd. area portion = $189,698.73 d. total applicable construction costs for both areas = $588,302.76 7. Bond value computation to include: a. 10% of completed construction costs, based on actual Contract values = $58,830.28 b. 10% of irrigation system costs of $8,187.20 = $818.72 c. 110% of landscaping costs of $6,600 $7,260.00 ($5.00/plant x 1320 plants = $6,600.~0) d. 110% of street light installation costs of $5,940.00 = $6,534.00 e. 10% of street light materials (on-site) costs of $26,400.00 = $2,640.00 GRAND TOTAL BOND REQUIREMENT = $76,083 1361 Lakeshore Drive * Naples, Florida 34103 (941) 262-5986 EVf.]CAE!LE .:.~]¢414I~z,Y L.~?,r'!r'£!R[IFT CRED:fT NUMBER BM41i~60C LETTER OF CREDIT ~MDUFIT I ~.o~.~: D~TE I EXPIRY I)~'TE USS76, 083. O0 ~ 03/03/00 I 03/03/01 BENEFICIARY. THE BOARD ~.)F C. OUNTV COMMISSI[INERS CDLL!ER COUNTY, FLORIDA OFY'ICE 07' THE COUNTY ATTORNEY C!]L..L!ER C[]UNTY COUrkTHOUSE CC, MPLEX J301 EAST' T'AMiAM~ TRAIL.. NAPLES:. Ft.. 34t1~:7 APPLICANT: VINEYARDS DEVEI...OPMENI' C(]RPORATI[)N 98 VINEY/.~RD5 ~LVD NAPLES, f:l.. ;:~41 I~ ~.~E NT LEM, EN ' ':-4E HEREBY OPEN OUR IRREVOCABLE STANDBY LE'F-f'ER C]F CREDI'i' IN YOUR FAVOR FOR TFiE ACCOUNT' OF file ABOVE REFERENCED APF~LICANT Ih.I THE AC--:O.-,REgATE AMOUNT OF' (2SD 76, 083. 00 WHICH IS AVAZLABi..]{! BY PAYMENT [iF YOUR DRAFT(S) A]' SICd, H]' DRAWN ON OURSELVES WHEN ACCOMPANIED BY ]'HE F[)LLOWiNG' DFJCUMENTS: A STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MAF4AfgER f]F' THE BOARD OF OF COtjrq]'Y COMMISSIONERS []F COLL. I[R (]OUtq]'Y, Ft.,.ORI]DA S]'ATING THAT' "V]:NEYARDS DEVEI..OPMENT CORPORATION HAS fAILED I'[} CONSTRUCT AND/[JR MAINfAIN 'r'!4E iMPROVEMENTF:; ASSOCIATED W.[TFI THAT CI::;RTAIN PL.AI'- OF A SUBDIVISION I&NOWN AS GLEN LA!~E ESTATES, OR A FINA! INSPEC]'ION SATISFACTORY TO COLLIER COUNTY, PURSUANT' TO COLLIER COUNT'Y ORDINANCF: lqi] 9'?-17, AS AMENOED, HAS NO]' BEEN PERFORMED PRI:OR RO THE L)ATE OF EXP/:RY, AND SATI'.FFACTORY ALTERNATIVE P'£:RF:ORMANCE SE(.'URITY HAS NEFF BEEN i':ROVII)ED TEl AI'qD Y'ORMAt.~LY ACCEPTED { !--itZ B ENEF I C I AR Y'. ": iS A COi'4I')]:TION OF THJS I..E"r'r.~;R OF CRE!DIT THAI' !T SHALL ]L3E DEEMED .~,,U'FOMAT~CALI_.Y EXTEJqDED WITHOUT WRITTEN AMENDMENT FOR EINE YEAR FROM THE PRES]E~I'4T 0~,' ~.~NY ~:LrrURE EXPIRY DATE U~t'.,ILESE¢ A]' LEAST SIXTY (60) DAYS PRIOR TO St.)CI4 .?.:XPiRA'F:f. Oh! DATE: WE NOTIFY YOU IN WRITIN(.:; AT THE AI~E}VE ADDRESS VIA OVERNIGHT Ct3URIER TFiAT WE ELECT NOT TO RENEW THIS LETTER OF CREDIT FOR ANY SUCH ADDITiONAL. PERIOD(S). DRAFT(S) DRAWN UNDER THIS LEYT'TEF~ OF' CREDIT MU,ST BE MAN~,E.D: 'DRAWN UNDER IRREVOCABLE STANDBY LETTER ElF' Ci~EDI]' Nt~MBER SM411960C DATED 03/03/00 ' rlqE ORIGINAl_ LETTER OF CREDIT AND ALL AMENDMENTS, ZF ANY, MUST ~E PRESENTED F'OR PROPER ENDORSEldENT THIS IRRE:VOCAI?I_D. LET'TER OF' CRED]I' S1ETS FORTH IN FL;t.L 'FFiE TERMS OF' OUR UNDERTAKING -f'HIS UNDERTAKIN(; SHALl_ NO'T IN ANY WAY BE MODIFIED, AMENDIg'D, AMPLIFIED OR INC. ORPORA'T.ED BY REFERE:NCE TO ANY DOC. UME:NT OR CONTRAC'f REFERREI) T'O HERE) N WE HEREBY A(~REE WITH YOU THAT DRAF'r'(s) DRAWN UNDER AND IN COMPLIANCE Wf. TH '".'HE TERMS AND CONDI'f'IONS OF' THIS CRE;DI'I' SHALL BE DULY HONORED IF PRESENTED TOG'ETHIER WITH DOCU,'MEIqT(S) AS SPECIFIED ABOVE AND THE ORI(~INAI_. OF THIS CREDIT, AT OUR OFFICE LOCATED AT FJ739 RESEF,,RCH DRIVE, CHARLOTTE, NC 282..6~, ATTN: STANDBY LETTER E)F CREDIT DEPARTMEN! ON OR B~EF'ORE THE ABOVE STATED EXPIRY ]DA]"E (';(]NTiNUEZt, ON NEX"f PA(;'E WHICH FORMS AN INTI::-GRAI... PART OF- THiS ',...T:;:T"FIER OF' CREDIT cR,ro, F A I ,,/; .3 OC~ ~ 2 ~9s IRREVOCABLE STAN~:, LETTER OF CREDIT SM411958C PAGE NO. 03./03/00 =:^=EP: AS OTHERWISE EXPRESSLY STATED HEREIN, THrS ~..ETTEIR OF CRIEDIT IS SUBdECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTAF~,Y CREDITS, ESTABLISHED ~r.k IN'FERNATIONAI_ CHAMBER EIF COMMERCE, AS IN EFFEC'[ ON '¥HE DATE OF ISSUANCE OF' THiS .... -'r~ ~' '~ 5!NCEREL. V~ AO'!'BI~RIZE!) SIGNATURE ?IRST L.INION NA]'!ONAL BANI~, ?AE AMENDMENT ]O ]~RREVOCABL_E STANDBY L[iT'FER O.F CREDIF 05105/00 :B ~::fq E F !; C I ARY: THE BOARD OF COUNTY OFFICE OF THE COUN'TY COL. L!ER COUNTY C 33OI EAST TAMIAt¢,[ T'R NAPLES, FL 34112 L,~-I"TER ElF CREDTT NO. SM4:1 ! !:"(:',7 "iP;E A,'.]f;,..)uNr [;F '¢iNEYA[4L}:~¢ F_;iiVEL.,".!PMEM]' CORFU[]RATION AS FOt...LOM5: WHERE IT 'VINEYARDS DEVELOPMENT CORPORAT!OI4 PlAtS f'AIl_~7I} T(;i CONSTRUCT ANE>/OR AS gLEN L.AK}~{ ESTATES, OR ,4 F'I. NA~_ INSPECTION '~3A"FISFA(]7ORY TO C{][..LIEI7 COUNT'¢, PUS:SUANT TO COLL. If2R COUNTY r~PD1NANCE lq['t 97-17, ¢',,S AMENDED, HAS NOT BEEN PIE~TFE]RMED PRIOR RO THE .~ATE OF ESXP]]RY, ANi} SATISFACTORY AL'TE;RNATIVE PERFORMANCE SECURITY HAS NOT ~EEN PROVIDED 'TO AND FORMAL. I...Y ACCEPTED '!' FiE BENEFICIARY THE :~i'~PFiOVEi'tEI',iS ASE~OCIATEi) WtT~i 'F}-I~]' CD.R'IAIN PLAT E)F ~, SUB'JIVISiO~!4 ,~' ~t~ :.c' '* ....'~.F¢~CTO,~,T[] COLLIER ,'*,: gLEN L.,c't&~ ......1AT]..:, OF< A F]'NAL INSPEC'IION ~AI*c~-" ' : / PURSUANT !'O COL. I...I~R COUI'q'I'Y ()RDINANCE N{] 91'-1(};~, AS AH}{NDED, HA% NOT PERFORMED PR~OR ~O THE PATE OF EXP).RY, AND SAT!¢:~:FAC!'GRY ALTE;RNATIVE ?~2RFORMANCE SE~.CURITY HAS N(3'f' BEI:~F4 l"~F~:OV;(OE'l)'t'[) AND FORt'~ALL. Y ,ACCEPTE~D I~Y ~t'qE BEN~:FIC !ARY. OTHER T}ZRMS AND CONDITIONS REMAIN UNCi-4AN(i~ED FHtF$ LETTER lS 'TO 8E A'T'iACI'4ED 'FO AND T[] BECOME ,':~,fg !N]E(~RAL PAR7 EIF THE OR.[(,)INAI !EDIT INSTRUMEN'T. 'CUSiEE~PIS ¢~ND PRACTICE FOR COCU!~Eh!TARY CREDITS (~'-;'93 RES~?::~ION), Ir, tTERrqATIE)N~,,L. CHAMBER C)F COIdMERCE PUBL. ICATION NO. 500, October 12, 1999 Item #16A5 FINAL PLAT OF .FOREST PARK. - WITH PERFORMANCE SECURITY, CONSTRUCTION AND MAINTENANCE AGREEMENT AND STIPULATIONS Page 107 CONSTRUCTION, MAINTENANCE AND SECURITY AGREEMENT FOR SUBDIVISION IMPROVEMENTS FOREST PARK DEVELOPMENT CO. THIS CONSTRUCTION, MAINTENANCE AND SECURITY AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this/~.. day of~;La-fi. /44.4 ,2¢0~;by and between FOREST PARK DEVELOPMENT CO., a Florida corporation (hereinafter "Developer"), and the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA (hereinafter the "Board"). PREMISES A. Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of the subdivision to be known as: "FOREST PARK, PHASE I" 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 Land Development Code requires the Developer to provide appropriate guarantees for the construction and maintenance of the Required Improvements. Developer has caused National City Bank (hereinafter "Issuer") to issue a letter of credit dated July 7, 2000, wherein the Board is named as "Beneficiary" and the Issuer agrees to duly honor drafts drawn under and in compliance with the terms of said letter of credit, up to an aggregate amount of $361,789.41, which letter of credit is attached as Exhibit 2 hereto and hereby incorporated herein (the "Letter"). Developer and the board acknowledge that the amount Developer is required to guarantee pursuant to this Agreement is $361,789.41, and this amount represents 10% of the Developer's engineer's estimate of the construction costs for the Required Improvements and 100% of the total contract costs to complete construction of the Required Improvements as of the date of this Agreement, as set forth in a site construction cost estimate to complete ("Estimate to Complete") prepared by Hole, Montes & Associates, Inc., a copy of which is attached hereto and incorporated herein as Exhibit 3. 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: Developer will cause the water, sewer, roads drainage (and like facilities) and the Required Improvements to be constructed pursuant to specifications that have been approved by the Development Services Director within '~o~~ months from the date of approval of said subdivision plat. Developer herewith tenders as its subdivision performance security the Letter, in the amount of $361,789.41, which amount represents 10% of the total contract cost for the Required Improvements ($80,756.92), plus 100% of the estimated cost to complete the Required Improvements ($281,032.49) as of the date of this Agreement. In the event of default by the Developer or failure of the Developer to complete the Required Improvements within the time required by the Collier County Land Development Code, Collier County may draw upon the Letter to insure satisfactory completion of the Required Improvements. The Required Improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Collier County Development Services Director for compliance with the Collier County Land Development Code. The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the Required Improvements; or b) notify the Developer in writing of his refusal to approve the Required Improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the Required Improvements. However, in no event shall the Development Services Director refuse preliminary approval of the Required Improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. o The Developer shall maintain all Required Improvements for a minimum period of one (1) year after preliminary approval by the Development Services Director, After the one (1) year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the Required Improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivision perforn~ance security ($80,756.92). 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. o Two (2) months after the execution of this Agreement and once within every six (6) months thereafter, the Developer may request the Development Services Director to reduce the dollar amount of the Letter of Credit on the basis of work completed. 0 c T Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director shall grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request, except to the extent of $80,756.92, which shall remain available under the Letter as Developer's guaranty of maintenance of the Required Improvements for a minimum period of one (1) year pursuant to Paragraph 6 of this Agreement. o In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the county Administrator may draw upon the Letter to secure satisfactory completion, repair and maintenance of the Required Improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the Required Improvements described herein. The Developer, as principal under the Letter, shall be liable to pay and to indemnify the board, upon completion of such construction, the final total cost to the board thereof, including, but not limited to engineering, legal and contingent costs, together with any damages, either direct or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provision of this Agreement. o All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. (Signatures intentionally appear on the next page.) IN WITNESS WHEREOF, the Board and Developer have caused this Agreement to be executed by their duly authorized representatives this .,/a~ day of Signed, sealed and delivered in the presence off W~'~°nness # 1 -- Prin;~rNam~ B//elo~ Witness ~2 dnt Name Bel~ DEVELOPER: (Corporate Seal) FOREST PARK DEVELOPMENT o//ation David L. l~r~nnan, a~esident Attest: Dwight E. Brock, Clerk Attestas to Chairman's signature .only, Approved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORID~ Chairman h¢_..,~, Collier ~oou~nty'P~ttomeyj ~/~'~C~ ~'y.W~'I \~.~ Forest Park--Phase I Site Construction Cost Estimate Items Discription of Work Water Distribution: I 12" PVC Water Main CL150 2 12" PVC Water Main CL200 3 8" PVC Water Main CL150 4 8" PVC Water Main CL200 5 8" Gate Valve 6 3" PVC Conduits (w/ Magnetic Markers) 7 Fire Hydrant (Complete Assembly) 8 Flushing Hydrant 9 Automatic Flushing Device 10 Permanent Bacterial Sample Point 11 8" Temp. Blowoff Assembly w/G.V. & Cap 12 Air Release Valve (Water) 13 Temp Gap Connection & Meter 14 Chlorinate & Test 15 Open Cut Road Sewer Collection: 1 Manhole (0-6') 2 Manhole (6-8') 3 Manhole (8-10') 4 Manhole (12-14') 5 Manhole (14-16') 6 Cleanout Assembly w/3M Markers 7 6" PVC Sewer Lateral 8 8" PVC Sewer (0-6') 9 8" PVC Sewer (6-8') 10 8" PVC Sewer (8-10') 11 8" PVC Sewer (10-12') 12 6" PVC Force Main CL150 13 6" PVC Force Main CL200 14 8" PVC Force Main CL150 15 8" PVC Force Main CL200 16 6" Plug Valve 17 8" Plug Valve 18 Pump Station 19 Air Release Valve (Sewer) 20 Hot Tap (12"x8") 21 TV Gravity Sewer (Preliminary) 22 TV Gravity Sewer (Final) 23 Blasting, Excavating, Removal Rock-Sewer 24 Fill for Sewer Trenches Paving: 1 12" Stabilized Sub-Grade LBR40 2 6" Limerock LBR100 3 Prime & Sand 4 1.5" Asphalt (S-Ill) 5 2' Valley Gutter 6 Type "A" Curbing Estimated Quantity Unit Cost Cost Estimate 500 If $24.85 $12,425.00 100 If $29.33 $2,933.00 3,830 If $14.68 $56,224.40 795 If $18.19 $14,461.05 16 ea $696.20 $11,139.20 1,600 If $4.50 $7,200.00 8 ea $2,025.80 $16,206.40 3 ea $1,589.00 $4,767.00 0 ea $0~00 $0.00 1 ea $954.00 $954.00 6 ea $1,105.20 $6,631.20 4 ea $1,106.40 $4,425.60 1 ea $1,250.00 $1,250.00 2 ea $4,075.50 $8,151.00 I Is $1,500.00 $1,500.00 8 ea $1,336.60 $10,692.80 6 ea $1,611.00 $9,666.00 8 ea $1,985.00 $15,880.00 Iea $2,638.60 $2,638.60 1 ea $3,061.00 $3,061.00 79 ea $127.28 $10,055.12 2,000 If $10.00 $20,000.00 1,450 If $12.55 $18,197.50 523 If $14.76 $7,719.48 1,563 If $20.07 $31,369.41 356 If $33.76 $12,018.56 110 If $18.32 $2,015.20 50 If $19.44 $972.00 250 If $19~85 $4,962.50 50 If $24.33 $1,216.50 2 ea $718.60 $1,437.20 1 ea $993.00 $993.00 1 ea $65,756.76 $65,756.76 1 ea $1,420.00 $1,420.00 1 ea $2,643.96 $2,643.96 3,892 If $1.10 $4,281.20 3,892 If $1.10 $4,281.20 4,350 If $7.00 $30,450.00 4,025 cy $2.75 $11,068.75 19,570 sy $1.75 13,911 sy $4.75 13,911 sy $0.30 13,911 sy $3.30 6,900 If $5.00 408 If $5.30 $34,247.50 $66,077.25 $4,173.30 $45,906.30 $34,500.00 $2,162.40 OCT Forest Park--Phase I {Continuation) Site Consrtuction Cost Estimate Discription of Work Estimated Unit Cost Items Pavin0 IContinued): Quantity 7 Type "F" Curbing 1,230 If $5.65 8 Type "E" Modified Curbing 210 If $6.50 9 6' Bike Path/Sidewalk 1,900 If $9.00 10 4' Sidewalk 1,450 If $6.00 11 6" Stabilized Subgrade LBR40 1,910 sy $1.00 12 Traffic Signs 10 ea $140.00 13 Street Name Signs 4 ea $168.00 14 Stiping (paint) 6" White Skip 4,200 If $0.20 15 Hydrant Markers 8 ea $11.20 16 9-Button Reflector 6 ea $106.40 17 Final Grading of Right-of-Way 4,100 If $2.72 18 Removal Existing Paving (Rec. Lane) 470 If $3.00 19 Restore Rec. Lane ROW/Improve Swale/Sod 600 If $4.25 20 Stop Signs, Stp Bars & Thermo Crosswalks 6 ea $224.00 Drainape: 1 15" PVC 135 If $13.55 2 15" RCP 24 If $16.35 3 18" PVC 146 If $17.44 4 18" RCP 51 If $20.80 5 24" PVC 553 If $23.85 6 24" RCP 24 If $26.43 7 30" PVC 145 If $32.92 8 36" PVC 306 If $39.86 9 36" RPC 234 If $45.35 10 4' Sidewalk 12 ea $1,298.60 11 6" Stabilized Subgrade LBR40 2 ea $1,912.43 12 Traffic Signs 1 ea $3,259.89 13 Street Name Signs 1 ea $641.60 14 Stiping (paint) 6" White Skip 1 ea $680.80 15 Hydrant Markers 3 ea $940.60 16 9-Button Reflector 4 ea $1,537.52 17 Final Grading of Right-of-Way 1 ea $1,970.00 18 Removal Existing Paving (Rec. Lane) 1 ea $2,232.00 19 Restore Rec. Lane ROW/Improve Swale/Sod 2 ea $1,558.80 Sod. Seed & Mulch of ROW: 1 Sod Srip (1' Along Curb/Gutter) 500 sy $1.21 2 Seed & Mulch ROW 3 ac $1,232.00 Mobilization: 1 Mobilization I Is Additional Items; 1 Landscaping (Inc. Littoral Plantings) 1 Is 2 StreetLi0hts 12 ea Cost Estimate $6,949.50 $1,365.00 $17,100.00 $8,70O.00 $1,910.00 $1,400.00 $672.00 $840.00 $89.60 $638.40 $11,152.00 $1,410.00 $2,550.00 $1,344.00 $1,829.25 $392.40 $2,546.24 $1,060.80 $13,189.05 $634.32 $4,773.40 $12,197.16 $10,611.90 $15,583.20 $3,824.86 $3,259.89 $641.60 $680.80 $2,821.80 $6,150.08 $1,970.00 $2,232.00 $3,117.60 $605.00 $3,696.00 $1,500.00 $1,500.00 $30,000.00 $30,000.00 $1,666.67 $20~000.00 $807,569.19 OCT ]'he undersigned Engineer certifies that to the best of his knowledge, in formation and belief that tile forgoing site construction cost estimate is accurate and in accordance with the approved plans and specifications for the above-referenced project. I1 o I~('~'i~JA~oc i ates, Inc. St. Vice President ma city. INTERNATIONAL DIVISION LETTER OF CREDIT DEPT. P.O. BOX 5101 CLEVELAND, OH 44101-0101 U.S.A. TELEPHONE: (216) 488-7542 FAX: (216) 488-7550 STREET ADDRESS: 23000 MILLCREEK BLVD. HIGHLAND HILLS, OH 44122 o c T ! 2 199 TELEX: 212537 ANSWER BACK NCB UR CABLE ADDRESS: NATCITY INT CODES: PETERSON'S 3RD & 4TH EDITION SWIFT: NATCUS33 IRREVOCABLE STANDBY LETTER OF CREDIT NO. SCL006177 DATE: JULY 7, 2000 BENEFICIARY: THE BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA C/O OFFICE OF COUNTY ATTORNEY COLLIER COUNTY COURTHOUSE COMPLEX NAPLES, FLORIDA APPLICANT: FOREST PARK DEVELOPMENT CO. C/O BRENNAN INDUSTRIAL GROUP 159 S. MAIN ST. SUITE 725 AKRON, OHIO 44308 WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. SCL006177, DATED JULY 7, 2000, IN YOUR FAVOR IN THE AMOUNT OF USD 361,789.41 (THREE HUNDRED SIXTY ONE THOUSAND SEVEN HUNDRED EIGHTY NINE AND FORTY ONE CENTS ONLY) FOR THE ACCOUNT OF FOREST PARK DEVELOPMENT CO., 159 S. MAIN ST. SUITE 725, AKRON, OHIO 44308. FUNDS ARE AVAILABLE BY YOUR DRAFTS AT SIGHT DRAWN ON NATIONAL CITY BANK, CLEVELAND, OHIO AND ACCOMPANIED BY THE FOLLOWING DOCUMENTS: BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "FOREST PARK DEVELOPMENT CO. HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE IMPROVEMENTS ASSOCIATED WITH THAT CERTAIN PLAT OF A SUBDIVISION KNOWN AS FOREST PARK, PHASE 1, 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 NATIONAL CITY BANK, CLEVELAND, OHIO, CREDIT NO. SCL006177, DATED JULY 7, 2000." THE ORIGINAL LETTER OF CREDIT AND ALL AMENDMENTS, IF ANY, MUST BE PRESENTED FOR PROPER ENDORSEMENT. 804.782 I atkmal INTERNATIONAL DIVISION LETTER OF CREDIT DEPT. P.O. BOX 5101 CLEVELAND, OH 44101-0101 U.S.A. TELEPHONE: (216) 488-7542 FAX: (216) 488-7550 STREET ADDRESS: 23000 MILLCREEK BLVD. HIGHLAND HILLS, OH 44122 TELEX: 212537 ANSWER BACK NCB UR CABLE ADDRESS: NATCITY INT CODES: PETERSON'S 3RD & 4TH EDITION SWIFT: NATCUS33 PAGE 2 OF 2 L/C NO. SCL006177 THIS CREDIT SHALL BE VALID UNTIL JULY 6, 2001, 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 THIS CREDIT. 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 DOCUMENT, INSTRUMENT, OR AGREEMENT REFERENCED TO HEREIN OR IN WHICH THIS LETTER OF CREDIT RELATES, AND ANY SUCH REFERENCE SHALL NOT BE DEEMED TO INCORPORATE HEREIN BY REFERENCE ANY DOCUMENT, INSTRUMENT OR 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 REVISION) INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500. AUTH Forest Park--Phase ! Site Construction Cost Estimate to Comolete Items Discription of Work Water Distribution: 1 12" PVC Water Main CL150 2 12" PVC Water Main CL200 3 8" PVC Water Main CL150 4 8" PVC Water Main CL200 5 8" Gate Valve 6 3" PVC Conduits (w/ Magnetic Markers) 7 Fire Hydrant (Complete Assembly) 8 Flushing Hydrant 9 Automatic Flushing Device 10 Permanent Bacterial Sample Point 11 8" Temp. Blowoff Assembly w/G.V. & Cap 12 Air Release Valve (Water) 13 Temp Gap Connection & Meter 14 Chlorinate & Test 15 Open Cut Road Sewer Collection: 1 Manhole (0-6') 2 Manhole (6-8') 3 Manhole (8-10') ' 4 Manhole (12-14') 5 Manhole (14-16') 6 Cleanout Assembly w/3M Markers 7 6" PVC Sewer Lateral 8 8" PVC Sewer (0-6') 9 8" PVC Sewer (6-8') 10 8" PVC Sewer (8-10') 11 8" PVC Sewer (10-12') 12 6" PVC Force Main CL150 13 6" PVC Force Main CL200 14 8" PVC Force Main CL150 15 8" PVC Force Main CL200 16 6" Plug Valve 17 8" Plug Valve 18 Pump Station 19 Air Release Valve (Sewer) 20 Hot Tap (12"x8") 21 TV Gravity Sewer (Preliminary) 22 TV Gravity Sewer (Final) 23 Blasting, Excavating, Removal Rock-Sewer 24 Fill for Sewer Trenches Paving: 1 12" Stabilized Sub-Grade LBR40 2 6" Limerock LBR100 3 Prime & Sand 4 1.5" Asphalt (S-Ill) 5 2' Valley Gutter 6 Type "A" Curbing Estimated Quantity Unit Cost Cost Estimate 500 If $24.85 $12,425.00 100 If $29.33 $2,933.00 3,830 If $14.68 $56,224.40 795 If $18.19 $14,461.05 16 ea $696.20 $11,139.20 1,600 If $4.50 $7,200.00 8 ea $2,025.80 $16,206.40 3 ea $1,589.00 $4,767.00 0 ea $0.00 $0.00 Iea $954.00 $954.00 6 ea $1,105.20 $6,631.20 4 ea $1,106.40 $4,425.60 1 ea $1,250.00 $1,250.00 2 ea $4,075.50 $8,151.00 1 Is $1,500.00 $1,500.00 8 ea $1,336.60 $10,692.80 6 ea $1,611.00 $9,666.00 8 ea $1,985.00 $15,880.00 1 ea $2,638.60 $2,638.60 Iea $3,061.00 $3,061.00 79 ea $127.28 $10,055.12 2,000 If $10.00 $20,000.00 1,450 If $12.55 $18,197.50 523 If $14.76 $7,719.48 1,563 If $20.07 $31,369.41 356 If $33.76 $12,018.56 110 If $18.32 $2,015.20 50 If $19.44 $972.00 250 If $19.85 $4,962.50 50 If $24.33 $1,216.50 2 ea $718.60 $1,437.20 1 ea $993.00 $993.00 Iea $65,756.76 $65,756.76 1 ea $1,420.00 $1,420.00 1 ea $2,643.96 $2,643.96 3,892 If $1.10 $4,281.20 3,892 If $1.10 $4,281.20 4,350 If $7.00 $30,450.00 4,025 cy $2.75 $11,068.75 19,570 sy $1.75 13,911' sy $4.75 13,911 sy $0.30 13,911 sy $3.30 6,900 If $5.00 408 If $5.30 $34,247.50 $66,077.25 $4,173.30 $45,906.30 $34,500.00 $2,162.40 Previous Quantity 5OO IO0 3,830 795 16 1,600 8 3 3 1 6 4 1 0.5 8 6 8 1 1 79 2,000 1,450 523 1,563 356 110 50 250 50 2 1 0.65 0 1 0 0 4,350 4,025 19,570 9,345 0 0 4,954 0 OCT Total Completed to date $12,425.00 $2,933.00 $56,224.4O $14,461.05 $11,139.20 $7,200.00 $16,206.40 $4,767.00 $0.00 $954.00 $6,631.20 $4,425.60 $1,250.00 $0.00 $750.00 $10,692.80 $9,666.00 $15,880.00 $2,638.60 $3,061.00 $10,055.12 $20,000.00 $18,197.50 $7,719.48 $31,369.41 $12,018.56 $2,015.20 $972.00 $4,962.50 $1,216.50 $1,437.20 $993.00 $42,741.89 $0.00 $2,643.96 $0.00 $0.00 $30,450.00 $11,068.75 $34,247.50 $44,388.75 $0.00 $0.00 $24,770.00 $0.00 Est. Cost to Complete $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $8,151.00 $750.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $23,014.87 $1,420.00 $0.00 $4,281.20 $4,281.20 $0.00 $0.00 $0.00 $21,688.5O $4,173.30 $45,906.30 $9,730.00 $2,162.40 Forest Park--Phase I (Continuation} Site Consrtuctlon Cost Estimate to Com_olete Discription of Work Estimated Items 7 8 9 10 11 12 13 14 15 16 17 18 19 2O Paving IContinued): Quantity Type "F" Curbing 1,230 Type "E" Modified Curbing 210 6' Bike Path/Sidewalk 1,900 4' Sidewalk 1,450 6" Stabilized Subgrade LBR40 1,910 Traffic Signs 10 Street Name Signs 4 Stiping (paint) 6" White Skip 4,200 Hydrant Markers 8 9-Button Reflector 6 Final Grading of Right-of-Way 4,100 Removal Existing Paving (Rec. Lane) 470 Restore Rec. Lane ROW/Improve Swale/Sod 600 Stop Signs, Stp Bars & Thermo Crosswalks 6 Drainage: 1 15" PVC 135 2 15" RCP 24 3 18" PVC 146 4 18" RCP 51 5 24" PVC 553 6 24" RCP 24 7 3O" PVC 145 8 36" PVC 306 9 36" RPC 234 10 4' Sidewalk 12 11 6" Stabilized Subgrade LBR40 2 12 Traffic Signs 1 13 Street Name Signs 1 14 Stiping (paint) 8" White Skip 1 15 Hydrant Markers 3 16 9-Button Reflector 4 17 Final Grading of Right-of-Way 1 18 Removal Existing Paving (Rec. Lane) 1 19 Restore Rec. Lane ROW/Improve Swale/Sod 2 ~Qd. Seed & Mulch of ROW: I Sod Srip (1' Along Curb/Gutter) 500 2 Seed & Mulch ROW 3 Mobilization: I Mobilization Additional Items: 1 Landscaping (Inc. Littoral Plantings) 1 2 Street Lights 12 OCT; ? Total Unit Cost Cost Previous Completed Est. Cost to Estimate Quantity to date Complete If $5.65 $6,949.50 989 $5,587.85 $1,361.65 If $6.50 $1,365.00 352 $2,288.00 $0.00 If $9.00 $17,100.00 0 $0.00 $17,100.00 If $6.00 $8,700.00 0 $0.00 $8,700.00 sy $1.00 $1,910.00 0 $0.00 $1,910.00 ea $140.00 $1,400.00 0 $0.00 $1,400.00 ea $168.00 $672.00 0 $0.00 $672.00 If $0.20 $840.00 0 $0.00 $840.00 ea $11.20 $89.60 0 $0.00 $89.60 ea $106.40 $638.40 0 $0.00 $638.40 If $2.72 $11,152.00 2,050 $5,576.00 $5,576.00 If $3.00 $1,410.00 0 $0.00 $1,410.00 If $4.25 $2,550.00 0 $0.00 $2,550.00 ea $224.00 $1,344.00 0 $0.00 $1,344.00 If $13.55 $1,829.25 135 $1,829.25 $0.00 If $16.35 $392.40 24 $392.40 $0.00 If $17.44 $2,546.24 146 $2,546.24 $0.00 If $20.80 $1,060.80 51 $1,060.80 $0.00 If $23.85 $13,189.05 553 $13,189.05 $0.00 If $26.43 $634.32 24 $634.32 $0.00 If $32.92 $4,773.40 145 $4,773.40 $0.00 If $39.86 $12,197.16 306 $12,197.16 $0.00 If $45.35 $10,611.90 234 $10,611.90 $0.00 ea $1,298.60 $15,583.20 12 $15,583.20 $0.00 ea $1,912.43 $3,824.86 2 $3,824.86 $0.00 ea $3,259.89 $3,259.89 1 $3,259.89 $0.00 ea $641.60 $641.60 1 $641.60 $0.00 ea $680.80 $680.80 1 $680.80 $0.00 ea $940.60 $2,821.80 3 $2,821.80 $0.00 ea $1,537.52 $6,150.08 4 $6,150.08 $0.00 ea $1,970.00 $1,970.00 1 $1,970.00 $0.00 ea $2,232.00 $2,232.00 1 $2,232.00 $0.00 ea $1,558.80 $3,117.60 2 $3,117.60 $0.00 sy $1.21 $605.00 0 $0.00 $605.00 ac $1,232.00 $3,696.00 0 $0.00 $3,696.00 1 Is $1,500.00 $1,500.00 1 $1,500.00 $0.00 Is $30,000.00 $30,000.00 0 $0.00 $30,000.00 ea $1,666.67 $20,000.00 0 $0.00 $20,000.00 $807,569.19 $585,040.77 $222,528.42 Plus 10% Retainage $58,504.08 Total Est. To Complete $281,032.50 199 : The undersigned Engineer certifies that to tile best of his knowledge, information and belief that tile forgoing site construction cost estimate to complete is accurate and that, based upon his personal inspection of tile site on Julie 23, 2000, the improvements indicated above as having been completed were completed substantially in accordance with the approved plans and specifications for the above-referenced project. George H. ~a~n, P.E. St. Vice President INTERNATIONAL DEPARTMENT 1999 USA NATIONAL CITY BANK - OHIO NATIONAL CITY BANK OF KENTUCKY NATIONAL CITY BANK OF INDIANA NATIONAL CITY BANK OF PENNSYLVANIA NATIONAL CITY BANK OF MICHIGAN/ILLINOIS Nati C National City Corporation® National City Center P.O. Box 5101 Cleveland, OH 44101-0101 Amendments to 1999 International Department Authorized Signature Book Effective July 1, 2000 To: All Correspondents and its subsidiaries/branches. Please note the lollowing amendments to: National City Bank of OHIO [NEW or CHANGES to AUTHORIZED SIGNATURES Nicole (Piccolo) Marko Page 13 1,18,26,26a,29,30,32 Standby Letter of Credit Supv. Marie Kinder 1,18,26,26a,29,30,32 DELETIONS Correspondents in possession of our microfiche format should note the above changes and retain this notice atong with the original file. Cheri D. ~omas Kamala Raghavan Manager Sr. Vice President OCT 2 National City Bank Cleveland, Ohio International Department International Operations ~ Trade Ruthlyn Humphties Specialist Letter of Credit 1, 18, 26, 26a, 29, 30, 32 Christina C. Lamb Supervisor Commercial Letter of Credit 1, 18, 26, 26a, 29, 30, 32 Supervisor Documentary Collection 1, 18, 26, 26a, 29, 30, 32 Specialist Letter of Credit 1, 18, 26, 26a, 29, 30, 32 Cheri D. Thomas Manager Trade Services 1, 18, 26, 26a, 27, 29, Vetoell Weeden Vice President Nicole Piccolo Coordinator Standby Letter of Credit 1, 18, 26, 26a, 29, 30, 32 October 12, 1999 Item #16A6 CARNIVAL PERMIT 99-7, RE PETITION C-99-7, STERLING & REID BROTHERS CIRCUS TO BE CONDUCTED ON OCTOBER 25 AND 26, 1999, AT THE COLLIER COUNTY FAIR GROUNDS AND SURETY BOND WAIVED Page 108 OCT 1 2 1999 Permit No. CP-99-7 PERMIT FOR CARNIVAL EXHIBITION STATE OF,FLORIDA : COUNTY OF COLLIER: WHEREAS, Sterling & Reid 3 Ring Circus, has made application to the Board of County Commissioners of Collier County, Florida, for a permit to conduct a circus; and WHEREAS, Sterling & Reid 3 Ring Circus, has presented to the Board sufficient evidence that all criteria for the issuance of a permit to conduct a circus as set forth in Chapter 10, Article II, Amusements and Entertainments, of the Collier County Code have beenesatisfied and that such circus will be conducted according to lawful requirements and conditions; and WHEREAS, said Sterling & Reid 3 Ring Circus, has requested a waiver of the Surety Bond; and NOW, THEREFORE, THIS PERMIT IS HEREBY GRANTED TO Sterling & Reid 3 Ring Circus to conduct a circus from October 25tn, 1999 through October 26th, 1999, in accordance with the terms and conditions set forth in the petitioner's application and all related documents, attached hereto and incorporated herein for the following described property: (See attached Exhibit "A") The request for waiver of Surety Bond is hereby approved. WITNESS my hand as Chairman of said Board and Seal of said County, attested by th.e,,,.C..Lerk. of Courts in and for said County this [~ day of O~%~_~. 1999. 0~ ., .~.,, .....,iCf ,~, ..-, ',,, ........... ~..,'. ~' ~:~ATTE~;; .-~:~:_ ..', ¢ % BOARD OF COUNTY COMMISSIONERS: CLERK OF COURTS . A~¢~"'~~¢ORM AND LEGAL SUFFICIENCY: ~MELA S. M~C"KIE, CHA~RW~N MAR~bRI~ 'M% - ~TUDENT ASSISTANT COUNTY ATTORNEY OCT 't 2 1999 ,f OCT ! 2 199 · FamilF August 13, 1999 Board Of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 COLLIER COUNTY PL~N~;~ S~VlC_r-S DEPT. NOTE: Dear County Commissioners' Enclosed is our Operation Petition for Steding & Reid Bros. Circus to be held on Oct. 25th & 26th, 1999 @ Collier County Fairgrounds show times both days will be 5:15 & 7:30 pro. I believe I have enclosed all information needed, if I have missed something please call and I will get it to you ASAP. Niles T. Garden is the owner ( accountable for show ) of the Circus. 7313 Biltmore Dr. Sarasota, FL 34231 941/365-7511 SS~ 589-46-2650 FL DL # G635 638 73 261 0 The show has its own security and parking staff. Please call if you have any questions. Sincerely, Lit Droguett 505 SARASOTA QUAY · SARASOTA, FLORIDA 34236 O41/365-7511 · FAX 941/365-7217 Planning Services Department 2800 North Horseshoe'Drive Naples, Florida 34104 PLANNING SERVICES 9/16/99 Ann Ward, Fair Director 751 39* Avenue N.E. Naples, Florida 34120 RE: Petition No. C-99-7 Sterling & Reid 3 Ring Circus Dear Fair Director: Please be advised that the above-referenced petition h~ been scheduled for the Board of County Commissioners October 12, 1999, public hearing. The hearing begins at 9:00 A.M., and is held in the Board of County Commissioners Meeting Room, 3'a Floor, Administration Building, County Government Center, 3301 East Tamiami Trail, Naples, Florida. Please contact the assigned planning technician noted below at 403-2400 if you have any questions. Sincerely, Cecilia K. Martin Planning Technician II Planning Services cc: C-99-7 File Lit Droguett Sterling & Reid Bros. 3 Ring Circus 505 Sarasota Quay Sarasota, Fla. 34236 OCT I 2 1999 Official Receipt - Collier County Board of County Commissioners CDPR1103 - Official Receipt 153173 9/10/99 4:21:22 PM 9/13/99 MS 59274 Payor' STERLING & REID Fee Information IFee Code I Description 11CIRC FAIR & CIRCUS PERMITS IGL Account 11313890034122000000 Total. Amount I Waived $200.00 I $2oo.oo Payments IPayment Code I Account/Check Number I Am°unt I CHECK 2442 $200,00 Memo: C-99-7 Sterling & Reid Bros Circus Total Cash $0.00 Total Non-Cash $200.00 Total Paid I $200.00 Cashier/location: FROLOFF_E / 1 User: MARTIN_C 'l Collier County Board of County Commissioners CD-Plus for Windows 95/NT Printed:9/10/99 4:21:49 PM · , .... ~ ~-~ ~ ~.,=v~rse u&u9 copy: · ,... , before completing this copy: Pet it ion. copy: PETITIONER'S N~E: ~~C{~ TELEPHONE:gq/ GENERAL LOCATION: ~.onxng oxrector Petitioner (2) County Manager 0CT 1 2 1999. CURRENT ZONING: NATURE OF PETITION: THE FOLLOWING INFORMATION IS INCLUDED IN THIS PETITION. TION, SEE REVERSE SIDE.) 3.a. 3.e.1) 3.'e, 4) 3.e.7) 3 .b. 3.e.2) 3.e.5) 3.e.8) 3.c. 3.e.3) 3.e.6) 3.e.9) 3. d. Comments: (FOR EXPLANA- SIGNATURE O~ITIONER DATE REVIEWED by Board of County Commissioners: Approved: Disapproved: Conditions of Approval: .f SIGNATURE OF COUNTY MANAGER OCT I 2 1999 ALLIED SPECIALTY INSURANCE, INC. 104510ULF BOULEVARD, TREASURE ISLAND, FL. 33706 Toll Free 1-800-237-3355 National 1-800-282-6776 FIorida Certi~icate;'Numberr' CERTIFICATE OF INSURANCE This certificate neither a~irmativelg nor neg@tive].g amends, extends or al the coverage a~orded bg the policg(ies) descrlbed hereon and m~;;ter o~ n~ormation and con,ers no rlght upon the holder. ~licv(i~s) ~denti~ied below bg a".'policg number<i"is in ~orce on the date 'Fi, rtel~ ica~e l~suance. Insurance is a~orded onlg with respect to those coverages ~'or ~hich a specific Iimit °R.~rliabilitg has been entered and is subject to all terms o~ the policg havi~?'re~erence thereto. Nothing hereir contained shall modi~g ang provision o~ S~'~d policg. In the eve~,t o~ cancellation o~ the policg, the compang issuing said policg w[li make all reasonable e~ort to send Notice o~ Cancellation to the ce,'ti~icmte holder at the ~ddress shown herein, but the Compang assumes no responsibilities ~or ang mistake or Gailure to give such notice. Anu insurance ma~e a part o~r'the policg includes as a person insured with respect to an occurrence taking,p!ace at a Circus site. (Z) the Fair or exhibition 'association, sponsoring organization or committee (~) the owner oP lessee 'there o~ (3) a municipal~tg granting the Named Insured permission to operate a(n) Circus, but onl9 as re,pacts bodilg £r, jurg or [,r~pertg damage caused bg or contribute to b~ the negligence o~ Named Insure mhile'acting in the course and scope o~ t air empiogment. NAME &":'~'~DRESS OF INSURED' Combi.ned ~hows Inc DBA ~terlin~ & Reid Bros Circus 505 i'Sarasota Ouog , N~E & AD. ESS OF CERTIFICATE HOLDER' Compang' PR IBA~Y COVERAOE I'.H.E. Insurance Companu Policg Number: 9~LF~074 LIABILITY LIMITS B]/PD OCC: ~1,000,000 ~5, o~Q, ooo Food Products: Policg period' F~om: To- $1,000,000 04/09/~9 04/09/00 ADDITIONAL INSURED: DATES: EXCESSii..COVERAOE,, Bodilg In]urg & Bodilg Injuru & Prope~tg pamage Propertg uamage $0 $0 Excess o~ Excess o~ $0 $0 ~0 mb 00/00/00 00/00/00 00/00/00 00/00/00 ~ - COMBINED SINGLE LIMIT Cnveraqe shown herein applies onlg to those items scheduled on or endorsed tc the polic~. This ceet ~icate is not valid unless an original signature appears belom. (Copies Not Valid) March ]7, 1~99 D~-~I~'-~~AT~ iN~URANCIE i ~I~JU2/O04 OCT 1 2 1999 COLLIER COUNTY I'EMPORARY USE PERMIT I-! 7empcraw Sales ~i~emporary Sporb;, Religious, or Community Event ,~ [] Sign Only ~ Temporary Sessonal Sales: rqChristmas Trees; [] Fireworks; [] Pumpkins EventAddres,: _--~5"I 3~''~ Ar Ue. ~/.- ~-'~':.. Event Dates: T'nis permit is effective from/~.'/;).C! ~Cto /a I,¢3,~1. ¢. ¢ . Property Owner: Name: Address: Phone: Applicant: Name: Address:,, ~0~ Phone: -~fi,I 3~'~-~¢// ~ ~.~-~2~ .f 0 CT 1 2 1999 Attach a site plan w ~ich depicts: [] property [~oundaries [] external r3ads [] access p()ints ~ parking (i-nproved & unimproved to be used by vehicles during event) m' buildings [] proposed sign locations SITE INFORMATION Zoning:, '~ Present Use: Parking: [] un¢'.eveloped ~,~ ,1~ de,'eicped: type of business [] un[leveloped; site plan indi~tes designated parking areas [] de,,eloped; site plan indicates a maximum of 10% of the parking area oc(:upied by the special event Banner or Sign: Collier County Land Development Code Section 2.6.33.6.2 allows cne temporary sign or banner in conjunctic n with a temporary use permit (2 signs are allowed for properties with more than 1 st'eot frontage). MAXIMUM SIZE = 32 square feet. WIND SIGNS (includino baiioor, s. streamers, rofatinq de¥ices and unofficial flagsl AR/= PROHIBITED. Traffic Safety: Authorization from tire Collier Coun~ sheriffs office may be required for certain events. [] un :leveloped: proposed access points are shown on the site plan- [] developed; access points existing E~erior Lighting: J~ ex sting [] additional lighting indicated on site plan Noise: [] nc music or noise proposed 'l~m'mic'noise is anticipated from. t~ ~/fl'}- (~.~30 o,~O '~i',/~ Alcoholic Beverag as: ' ~L. al, x3holic beverages will not be sold or consumed [] a .:opy of the Florida Beverage Commission permit is attached 2 OCT 1 2 999 Restrooms: [] existing facilities will be available r-I porb ~ble facilities are shown on the site plan Security Guard: ~.~:ect,dty will be provided ect irity will not be provided Other Requirements' By acceptance of tt is permit, the applicant agrees to defend, hold harmless and indemnify Collier Col nb/and its agents from any and all liability which may arise as a result of the issuance of this permit and agrees to conform with applicable provisions of the Collier County La~d DeVelopment Ccde. subject property, ~';~mit to use the property as described herein dud: ~g the time period indicated. I understand that Collier Count'./Land .... Development Code E ection 2.6.33.6.2 peri'nits a total of 28 days per calendar year (up to 14 consecutive days) for special events on this property. Planne~- - - This permit does no[ constitute approvals which may ~lso be necessary under-ether local, state and fedl;ral regulations, including, but not limited to right-of-way permit, building permit, FAA. FCC, fire district, & DEP. This TU permit is issued pursuant to information provided by the applicant. TU permit fee: $75 Checks payable to · Board of County Commissioners COLLIER COUNTY COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 2800 North Horseshoe Drive Naples, FL 34104 941-403-2400 3 OCT ! 2 1999 : COLLIER COUNTY OCCUPATIONAL LICENSE TAX COLLIER COUNTY TAX COLLECTOR · ... - 2800 N. HORSESHOE DRIVE * NAPLES, FLORIDA 34104 * (941) 403-2477 " .... THIS LICENSE EXPIRES SEPTEMBER ~o,2000 LOcATIoN: 7 5 1 ~9 TH AVE NE .' '. "' ' ' ' I DISPLAY AT PLACE OF'BUSINESS FOR* PUBUC INSPECTION ZONED: COLLI ER,' CO FAIRGROUNDS I FAILURE TO DO IS CONTRARY TO LOCAL LAWS. LE~,L FORM PROFESSIONAL REG. NO. BUSINESS PHONE .f..:,.,, .- 505 SARASOTA QUAY SEATING CAPACITY f ~'> '~ ~*~ ~'~' SARASOTA EL ROOM COUNT ; ~; ~ t'~ ' 34231 L. t PHONECOUNT '" ~,.<~,~'-.~'~r ' ~ O~-'.~ Collie," Counti lax Cotlec%o,'. permit the itcensee ~o violate ally existing I~tory O~ zoning I~w~ of Ihe ~late, county, or cities nor does it '03~ I~0;[ 0'?9 000005~'? - 00000559 0001 exempt the licensee from ~y other license oc pemllls that Irtay be required by law. ~;K 2349 . $100 · 0O. WALK-IN OR POSTMARKED BY: I ~K;;T, 1 - ~CT. 31 I HO¥, 1 - NOV. ~0 I DEC. I -DEO~S% ~. I JN% 1 AND ~FTEn I UCENSI~ . " " OCT ! 2 1999 As the sponsor of this event you are responsible to notify all food vendors of the temporary food service requirements. Failure to comply. may subject the booths to be closed for public health reasons. Do you understand this completely? Yes ~ No I certify that to the best of my knowledge and belief all of the statements contained herein and on any attachments are true, correct, complete, and made in good faith. I understand that these regulations include food intended for service to the public regardless of whether there is a charge for the food. I agree to assume responsibility for this event and certify that said business will be conducted in compliance'with the Florida Administrative Code, Chapter 10D-13. Si of spo,gsor's agent Date: OCT 1 2 1999 INDIVIDU~ BOOTH NOTIFICATION FOR.¼ FOR TEMPORARY EVENTS Name of booth: ~~% ~C~;'o~ Person in charge of booth: ~~,/ ,U,C~0; ; Types of food or beverage to be served: Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. Lo'cation of advanced food preparation: O~'eO ~% &~eO~ c,~'4-e \~1 'o~c ~%~o~ ~ ' How will food be transport'e~d to event location? Method of keeping food hot and/or col~ at event site: Method of. cooking food at the location: Foo~ must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type pf s~ructure: g~ee~ ~e~;. ~,le~ qc~ .. Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? For Information and Assistance contact: Environmental Health & Engineering Dept - (813) 643-8499 INDIVIDUAL BOOTH NOTIFICATION FORM F~R TEHPORARY EVENTS Name of event: %%ef~{Vk~ Name of booth: C~ { ¢%3% {~}C~kJqy Person in charge of booth: Types of food or beverage to b~ served: Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event ~hall not be done in private homes. Lo~ation of advanced food preparation: 0~eO ~% ~ On / How will food be transported to event location? Method of keeping food hot and/or col~at event site: Method of cooking food at the location: Food must be protected from. dust, insects, ~lies, coughs, sneezes. How will you provide this protecti?n? Describe type Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? For Information and Assistance contact: Environmental Health & Engineering Dept - (813) 643-8499 OCT ! 2 1999 INDIVIDU~ ~OOTH NOTIFICATION FORM F~R TEMPORARY EVENT~ - ~ Name of booth: ..3-""~'~p ~'O~C~°S<Jt'o'" ~' Person in charge of booth: 'W--.O('V%~_I\ '\-~'~CV'~ ~'C~Q) q~ Types of food or beverage to be served: Florida Administrative Code, Chapter 10D-13 requires all food to come from an approved source. All food storage, preparation and utensil cleaning for this event shall not be done in private homes. L~cation of advanced food preparation: 0CeD ~% ~D~e ON / How will food be transported to event location? MethOd of keeping food hot and/or cold at event.site: Method of. cooking food at the location: Food must be protected from dust, insects, flies, coughs, sneezes. How will you provide this protection? Describe type pf s~ructu~e: g~g~ ~e~5% , '"5'r'~rle~ ~c¢ Adequate facilities and supplies shall be provided for employee handwashing. How will you provide this? For Information and Assistance contact: Environmental Health & Engineering Dept - (813) 643-8499 OCT 1 2 1999 20' FIRE' LANE SEATS I ,D TENT STAKE LINE [] O POWER BOX LIGHT TOWER o o EXIT & PERFORMERS ENTRANCE [] EXI: AREA FOR DISABLED 20 X 40 DINING TENT ICOOKHOUSE 8US 1 ~I=:N FI~ATI"~ J 35 X 70 HORSE TENT J FOOD J ' FIANCE 20X35 ENTRANCE EXIT TENT J"-I I' CONCESSION I ~O.CESSio. ~TiOC. TR^ILER GENERATOR RESTROOM FACILITIES MOTOR HOMES 12 X 40 PONEY AWNING 30 X 45 ELEPHANT' AWNING 30X 4O CAMEL RIDE 25X30 SLIDE APPROX. 15 LIVING TRAILERS N I OFFICE TRAILER I GENERATOR 1::3 [] I--I Toy .. _0 L...aCONCESSION RIDE TICKETS ~x~l ~ HAUNTED J HAU6E ~ [] PONY RIDE STERLING & REID BROS. CIRCUS SITE PLAN MAIN TENT IS 106' X 226' / HEIGHT 45' FIRE Our layout and requirements are designed according to Califomia code. Fire Extinguishers: We have 40 BIC extinguishers which are located one at each of the 4 center poles, one extinguisher is mounted in each seat trailer. Each concession stand has a 40 B/C mounted in the wagon. Each generator has one 40 BIC located next to the unit. Each of our trucks carries a fire extinguisher which are available. Exits; There are 5 cleady marked exits which are built into the sidewall Each exit has an illuminated exit sign with back up emergency lighting in case of power failure. The exit and evacuation process is explained to the public pdor to the start of each performance. L~CATION: ZONED: 7035 MAKE CHECK PAYABLE TO: COLLIER COUNTY TAX COLLECTOR 2800 N. HORSESHOE DRIVE * NAPLES, FLORIDA 34104 * (9jtl~t (1~-2477 THIS LICENSE EXPIRES SEPTEMBER 30, """~ AIRPORT RD N OCT ! 2 1999 MAKE CHANGES OR CORRECTIONS BELOW MUST PROVIDE THE FOLLOWING: BUSINESS IN OPERATIO~I YES [:] NO ~GE ~ L~AT~ YES ~ ~ B~INESS ~IN C~ UMITS YES ~ NO RESIDENCE USED AS OFFICE YES ~ NO ~E ~ OWNERSHIP YES ~ NO SEATING CAPACITY ROOM COUNT NUMBER OF EMPLOYEES NUMBER OF VENDING MACHINES PHONE COUNT CIRCUS, CLASSIFICATION TRAVELING LEGAL FORM INDIVIDUAL [ X~ PARTNERSHIP [ CORPORATION [ SHOW,CARNIVALS PROFESSIONAL REG. NO. TEO ZACCHINI & SONS ZACCHINI. TEO L 1208 N. ORANGE AVE SARASOTA FL 34236 CARNIVAL, SIDE SHOW [;o] Ii. er [:c:u{'.,1,¥ 9/13/I797 (?CC.,- 012 F'!!YLLISS HI._ I HEREBY DECLARE THE PRECEDING STATEMENTS ARE TRUE AND FACTUAL TO THE BEST OF MY KNOWLE-~D~I~) · 00 P-~" I-D SIGN. 0J.0~ l!,:CUl:,a t i,:,~a 1 ~.~;- ~ ~ R~RES~A~ ~ ~S~ ~ DATE r'~' -,n I ~' 4 " ~ 0 0, ,.)'~ W~-IN OR ~STMARKED BY: I ~T. 1 - ~T. 31 I ~V. ~ - ~V. ~ I DEC. t ~'DE~ 6~.': z I JAN. 1 AND ~ER I LICEN~E;NO~OOE ~m~t~ ~ 018 0 0 0 0 1 · OCT 2:1999 .:errant :io. PERMIT FOR CARNIVAL EXHIBITION STATE OF FLORIDA : COUNTY CF COLLIER: WHEREAS, Sterling & Reid 3 Ring Circus, has made application to the Board of County Ccmmissioners of Collier County, Florida, for a permit to conduct a circus; and WHEREAS, Sterling & Reid 3 Ring Circus, has presented to the Board sufficient evidence unat all criteria for the issuance of a permit to conduct a circus as set forth in ihaPter i0, Article II, Amusements and Entertainments, of the Collier County lode have Oeen satisfied and that such circus will be conducted according to lawful requirements and conditions; and WHEREAS, said Sterling & Reid 3 Ring Circus, has requested a waiver of the Surety ~cnC; and ::OW, THEREFORE, THiS PERMIT IS HEREBY GRANTED TO sterling & Reid 3 Ring Circus tD conduct a circus from October 25t", 1999 through October 26t", 1999, in accordance with the uerms and conditions set forth in the petitioner's application and all related hocuments, attached hereto and incorporated herein for the following =escribed property: (See attached Exhibit "A"I The request for waiver of Surety Bono is hereby approved. XITNESS my hand as Chairman of said Board and Seal of said'~unty, attested ~y ~he Clerk of Courts in and for said County this __ day of , 1999. ATTEST: DWIGHT E. BROCK, CLERK OF COURTS BOARD OF COUNTY COMMISSIONERS: COLLIER COUNTY, FLORIDA: PAMELA S. ~AC'KiE,CHAIRWOMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: MARJ~R~ - M. STUDENT ASSISTANT COUNTY ATTORNEY OCT 1 2 1999 4 ~11, Itecc~ CeLi~s C4ci. h~ ~, 'Cellist Ceveq, flect4~. de. Abed de* (eU~e~ QI'JJ'Ei' [eeC 2&~.~J geec Ce eke ~[~ OT B~Z~Z~ ~ cbe .crc.). ItGU(#IliG 4~ Cle ~ec~vea~ cecmer e( ,~4 I~ec~ Al~ ~flce ~eeK cbc ~ ceecrLcC~Cae e( cecer4~ (ceeca~a( 1~.0 donee ~re ec .j (Oc~LI4d ~cettseeCeacatmLa; :~O 4cree) October 12, 1999 Item #16A7 FINAL PLAT OF "WILDCAT COVE THREE. - WITH CONSTRUCTION AND MAINTENANCE AGREEMENT, PERFORMANCE SECURITY AND STIPULATIONS Page 109 OCT 1 2 !999 CONSTRUCTION AND MAINTENANCE AGREEMENT OF SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AN MAINTI~NANCE AGREEMENT for SUBDIVISION IMPROVEMENTS, entered into this /4 ;Z;day of , 199 between COMMUNITY DEVELOPMENT CORPORATION OF STERKING OAKS, hereinafter jointly referred to as "Developer" and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board". RECITALS Developer has, simultaneously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of subdivision to be known as: WILDCAT COVE THREE. 2 Division 3.2 of the Collier County Unified Land Development Code requires the Developer to post appropriate guarantees for the regulations, said guarantees to be incorporated in an agreement, with security, 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: Developer will cause to be constructed: Water. sewer, drainage, access, buffer and lighting infrastructure serving WILDCAT COVE TIfREE within 36 months from the date of approval of said subdivision plat, said improvements herein afler referred to as the required improvements. Developer herevfith tenders its Letter of Credit/Surety Bond (attached hereto as Exhibit "A" and by reference made a part hereof) hereinafter the "Letter of Credit"/"Surety Bond", in the amount of S E'I,Z~ to~.. ~h:5, which amount represents 10% of the estimated cost to complete construction plus 100% of thc estimate cost to complete the required improvements at the date of this Agreement. In the event of default by the Developer or l'ailure of the Developer to complete such improvements within the time required by thc Land Development Code, Collier County, may call upon the Letter of Credit/Surety Bond to insure satisfactory completion of the required improvements. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Land Development Code. OCT 1 2 1999 The Development Services Director shall, within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. The Developer shall maintain all required improvements for a minimum period of one year after preliminary approval by the Development Services Director. After the one year maintenance period by the Developer has terminated, the Developer shall petition the Development Services Director to inspect the required improvements. The Development Services Director or his designee shall inspect the improvements and, if found to be still in compliance with the Collier County Land Development Code as reflected by final approval by the Board, the Board shall release the remaining 10% of the subdivisions performance security. The Developer's responsibility for maintenance of the required improvements shall continue unless or until the Board accepts maintenance responsibility for and by the County. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the subdivision performance security on the basis of work completed. Each request for a reduction in the dollar amount of the subdivision performance security shall be accompanied by a statement of substantial completion by the Developer's engineer together with the project records necessary for review by the Development Services Director. The Development Services Director may grant the request for a reduction in the amount of the subdivision performance security for the improvements completed as of the date of the request. 7 In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator may call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant to public advertisement and receipt and acceptance of bids, the improvements required herein. The Developer, as principal under the subdivision performance security, shall be liable to pay and to indemnify the Board, upon completion of such construction, the final total cost to the Board thereof, including, but not limited to, engineering, legal and contingent costs, together with any damages, eithex ~;ect or consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 2 consequential, which the Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer'and the respective successors and assigns of the Developer. IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this _ ~_.~.day of __~_~,'Xv~, 1999. SIGNED, SEALED AND DELIVERED ~ik[ TH~'] Pt [,ESENCE OF: Mi~hSei t. bandy ... ...... ATTEST: -- DWIGHT E. BROCK, Clerk '.':' "Deputy Clerk "' ";;";'Approved as for form and legal sufficiency: Collier County Attorney By: Community Development Corporation of Sterling Oaks President BOARD OF COUNTY COMMISSIONERS O F,i~OLLIER COUNTY, FLORIDA By:_ ~~ Chairwoman 4 of 4 6 approval in accordance with the ,eriod by )irector to inspect the Development · ' 10% of of. the rec Der shall maintain all required by the Development }eveloper has terminated, the the required improvements. and, if found as reflected by final lbdivisions ~mprovements by the ;ix (6) months after the of this A the Developer may of the subdivision performance in the dollar amount of the of substantial completion by the grant the request for a reduction in the completed as of the date event the Developer shall ertification of such failure, to secure Board shall have to publi The ~ay and neglect completion, to construct and and receipt as principal under the the Board, upon including, but not limited to es, either direct or consequential, of this Agreement. for a minimum period of one year Director. After the one year maintenanc shall petition the Development Development Services Director or his de'. be still in compliance with the Colli~ by the Board, the Board security. The Developer's ~onsibility continue unless or unti Board and every six (6) month Director to reduce the n the basi completed. Each request for security shall be accompanied by engineer together with the project the subdivision performance security fulfill its under this Agreement, ca the subdivision performanc{ and required ' or cause constructed or acceptance of bids, improvements require( performance shall be liable of such construction, the total cost to legal and contingent the Board may sustain on of the All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and the respective successors and assigns of the Developer. The construction maintenance agreement of subdivision improvements dated Fl/~'q 5, I qq ~ between Community Development Corporation of Sterling Oaks and the Board of i2ounty Commissioners of Collier County, Florida for the subdivision plat known as Wildcat Cove Two is terminated upon execution of this agreement. Iff .M c (J 0 c ...,4 o 0 >- I-. OLd UZ 0 O~ O0 O' 0 0 .n 0 ru 0 0 :!L".:: :':: .: OCT 1 ~ 1999 October 12, 1999 Item #16A8 FINAL PLAT OF "MUIRFIELD AT THE MARSH. - WITH CONSTRUCTION AND MAINTENANCE AGREEMENT, PERFORMANCE SECURITY AND STIPULATIONS Page 110 OCT ! 2 1999 CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this _~,.~tay of October, 1999 Muirfield At The Marsh, Inc. the property owner, (hereinafter "Developer"), the Board of County Commissioners of Collier County, Florida, (hereinafter the "The Board") and Atlantic States Bank (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: Muirfield At The Marsh B. 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 Coastal Engineering Consultants, Inc., a copy of which is attached hereto and incorporated herein as Exhibit A. For purposes of this Agreement, the "Required Improvements" are limited to those described in the Estimate. C. Sections 3.2.6.5.6 and 3.2.9.1 of the Collier County Subdivision Code Division of the Land Development Code requires the Developer to provide appropriate guarantees for the construction md maintenance of the Required Improvements. D. Lender has entered into a construction loan agreement with Developer dated June 29, 1999 (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.,. guavxntee pursuant to this Agreement is $582,000 and this amount represents 110% of the Developer's engineer's estimate of the construction costs for the Required Improvements. O( T 1 2 1999 NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer, the Board and the Lender do hereby covenant and agree as follows: 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 36 months from the date of approval of said subdivision plat. 2. Developer hereby authorizes Lender to hold $582,000 from the Construction Loan, in escrow, pursuant to the terms of this Agreement. 3. Lender agrees to hold in escrow $582,000, from the Construction Loan, to be disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement shall not constitute a draw against the Construction Loan fund, but that only such funds as are actually disbursed, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue interest. 4. The escrowed funds shall be released to the Developer only upon 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 Ibr 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 S cr¥ices Director shall approve the release of any remainder of escrowed funds except to the extent of $52,900 which shall remain in escrow as a Developer guaranty of maintenance of the Required hnprovements for a minimum period of one (1) year pr~rsuant to Paragraph 10 of the Agreement. t-lowever, in the event that Developer shall fail to comply with the requirements of this Agreement. then the Lender agrees to pay to the County immedimtely upon demand the balance of the funds held in escrow by the Lender, as of the date of the' demand, provi'ded that upon payment of such balance to the County, the County will have executed and delivered to the I_,ender in exchange for such funds a statement to be signed by the Development Services Director to the effect that: OCT 1 2 1999 (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. 5. 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. 6. The Required Improvements shall not be considered complete until a statement of substantial completion by Developers engineer along with the final project records have been furnished to be reviewed and approved by the Development Services Director for compliance with the Collier County Subdivision Regulations. 7. The Development Services Director shall, within sixty (60) days of receipt of the~ ~sla~.ent 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 OCT 1 ?. 1999 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 Lender liable for any funds other than those placed in deposit by the Developer in accordance with the foregoing provision; provided, that the Lender does not release any monies to the Developer or to any other person except as stated in this Escrow Agreement. 10. The Developer shall maintain all Required Improvements for one year at~er 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 Lender's responsibility to the Board under this Agreement is terminated. The Developer's responsibility for maintenance of the Required Improve~nents shall continue unless or until the Board accepts maintenance responsibility for and by the Cout~ty. t ~. All of the terms, covenants and conditions herein contained are and shall be binding upon the Developer and Lender, the respective successors and assigns of the Developer and Lender. FILE, No. 1.04 09/28 '99 14:00 ID:COASTAL ENGINEERING 941 643 1143 PCIGE 6 OCT ! 2 1999 IN WITNESS WHEREOF, the Board, the Developer and the Lender have caused this Agreement to bc cxccutcd by thcir duly authorizcd rcprcscnmtivcs this !~,?t~ .day of Witness Printed Name Witness Printed Name B Y: qCh/o/ma~ (;::ers-o n, l~.~sident Atlantic States Bank., ,7 " B~rank Woodw~frd, Vice President Commercial Real Estate Manager ~na~'u're only. BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Paine a at: Kie, Chairwoman Appr red,as to orm d legal sufficiency: David Weige~ Collier County OCT '~ 2 1999 EXHIBIT "A" ENGINEER'S COST ESTIMATE SUMMARY I. Potable Water System and Sanitary Sewer System II. Drainage, Paving, Concrete, Miscellaneous SubTotal 10% of Total Total $142,000 $387,000 $529,000 $52,900 $582,000 J: IDA TA 1992421C&M & Escrow Agree for Subdiv Improvements. doc October 12, 1999 Item #16B1 AMENDMENT TO AGREEMENT BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT (SFWMD) AND COLLIER COUNTY FOR THE REPLACEMENT OF VALEWOOD DRIVE BRIDGE Page 111 OCT 1 2 1999 O SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT C-8028-A1 ORIGINAL AMENDMENT NO. 1 TO AGREEMENT NO. C-8028 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND COLLIER COUNTY TRANSPORTATION SERVICE This AMENDMENT NO. 1, entered into on ~)e~c~aa~t \Q. \~.~l ,to that AGREEMENT dated February 10, 1998, between "the Panic-s,~' the' ~uth Florida Water Managemem District (DISTRICT), and Collier County Transportation Service (COUNTY). WITNESSETH THAT: WHEREAS, the AGREEMENT may be amended with the prior written approval of the parties; and WHEREAS, the Governing Board of the DISTRICT, at its July 14, 1999 meeting, approved entering into this AMENDMENT NO. 1 with the COUNTY; and WHEREAS, the parties wish to amend the AGREEMENT in order to extend the period of performance; NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: 1. The term of the AGREEMENT is hereby extended by One Year and the expiration date, as amended, is August 9, 2000. This AMENDMENT NO. 1 shall be effective upon the date of execution by the parties. 2. This AMENDMENT NO. 1 shall be at no additional cost to the DISTRICT. 3. All other terms and conditions of the AGREEMENT, as amended, remain unchanged. Amendment No. I to Agreement No. C- 8028 -- Page I of 2 OCT '1 2 1999 O SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AMENDMENT NO. 1 on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: Sheryl ~. Woo~roc~ent Director S~ OFFICE OF COUNSEL APPROVED By: 0.= 8FI~/MD PROCUREMENT ^PPROVED C' - · ~' ,', ..- .-~. ,~ ~ : ,~. , . · .: .~ :DWI~!~,' :E,;'>_'~ROCK, Clerk · . 'F':..: D~pui:~''cierk A~}~~ ~,orm and legal sufficiency Assistant County Attorney 'BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~ Title: Chairwoman Amendment No. I to Agreement No. C- 8028 -- Page 2 of 2 October 12, 1999 Item #16B2 FIXED TERM CONSTRUCTION ENGINEERING INSPECTION SERVICES (RFP-99-2960) - STAFF TO NEGOTIATE AGREEMENTS WITH KISSINGER CAMPOi WILSON, MILLERI LAW GIBB GROUP, INC.; AND HOLE, MONTES & ASSOCIATES, INC. AND JOHNSON ENGINEERING (TIED) Item #16B3 AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT WITH COASTAL ENGINEERING CONSULTANTS, INC., TO PROVIDE PROFESSIONAL ENGINEERING AND SURVEYING SERVICES FOR ANNUAL MONITORING REQUIREMENTS FOR THE MARCO ISLAND BEACH RENOURISHMENT PROJECT Page 112 OCT 1 2 1999 AMENDMENT NO. 5 MARCO ISLAND BEACH RENOURISHMENT PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this !~."r.a. day of ~C:~-, 1999, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the "OWNER") and Coastal Engineering Consultants, Inc., a Florida corporation, authorized to do business in the State of Florida, whose business is located at 3106 South Horseshoe Drive, Naples, Florida 34104 (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional engineering and surveying services of the CONSULTANT concerning certain monitoring services for the Marco Island Beach Renourishment Project (hereinafter referred to as the "Project"), said services being more fully described in Schedule A of the original Professional Services Agreement; and WHEREAS, On September 6, 1994, the Board of County Commissioners approved a Professional Services Agreement with the CONSULTANT to perform annual monitoring services for the Project; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services during the 1999 monitoring period; and WHEREAS, CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. NOW THEREFORE, in consideration of the mutual convenants contained herein and other good and valuable consideration, the Marco Island Beach Renourishment Professional Services Agreement entered into on September 6, 1994 (hereinafter also referred to as the "Agreement") is hereby amended as follows: -1- , OCT ! 2 1999 1. Schedule B, Attachments B and C, is hereby amended and revised as set forth in Exhibit "A" attached hereto. Said Exhibit "A" is the June 1, 1999, letter from Coastal Engineering Consultants, Inc. to Project Manager Harry Huber re: "Proposal for Professional Services, 1999 Marco Island Monitoring". 2. Article Five of the Agreement is hereby amended as follows: Compensation by the OWNER for services rendered hereunder by CONSULTANT shall not exceed an aggregate amount of $100,850.00 as provided in Exhibit "A" attached hereto without an appropriate change order or amendment to this Agreement. 3. Other than the changes/additions indicated in this Amendment, all provisions of the original contract are in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this amendment to the .. Agreement the day and year first written above. legal suffici~y.~ /~s s i s t an~"t~n t~ ey Wit~ss I~'~ ~~~.~_. wi nas a.rh _ea BOARD OF COUNTY COMMISSIONERS FOR COLLIER COIJNTY, FLORIDA, A POLITIC& SU DIV ISI6N OF THESTS ?amela S. Mac'Kie, Chai~oma~ / Coastal Engirleering Consultants, Inc. Michael F. Stephen, Ph.D., PG President (CORPORATE SEAL) HEH/sc/amendment No. 5 -2- October 12, 1999 Item #16B4 WORK ORDER #TS-WM-0001 FOR WILSON MILLER, INC. FOR THE RADIO ROAD MSTU LANDSCAPING - IN THE AMOUNT OF $71,150.00 Page 113 OCT ! 2 1999 DOCUMENT NOT RECEIVED IN CLERK'S OFFICE AS OF 11/30/99 October 12, 1999 Item #16B5 SOLE SOURCE PURCHASE OF COMPUTER SOFTWARE FOR THE NORTH COUNTY WATER RECLAMATION FACILITY COMPUTER CONTROL SYSTEM - FORMAL COMPETITIVE BID PROCESS WAIVED; PURCHASE ORDER AUTHORIZED TO COMPUTER ASSISTED TECHNOLOGIES IN THE AMOUNT OF $36,000.00 Item #16B6 BUDGET AMENDMENT TO PROVIDE FOR MANDATORY COLLECTION SERVICE PAYMENTS FOR SERVICE AREA ONE - IN THE AMOUNT OF $327,303 Item #16B7 PAYMENT TO SOUTHERN WASTE SERVICES FOR SERVICES PROVIDED FOR THE NORTH REGIONAL WATER TREATMENT PLANT FROM AUGUST 18, 1999 THROUGH AUGUST 27, 1999 - IN THE AMOUNT OF $32,555.49 Item #16B8 - Moved to Item #8B1 Item #16B9 BUDGET AMENDMENT TO PURCHASE AN ODOR CONTROL FAN SYSTEM FOR THE NAPLES LANDFILL - IN THE AMOUNT OF $250,000 Item #16D1 ANNUAL BID 99-2989 FOR BAGGED ICE - AWARDED TO REDDY ICE CORP. IN THE ESTIMATED AMOUNT OF $59,193.00 Item #16D2 BUDGET AMENDMENT FOR SUB-METERING THE CHILLER PLANT AND IRRIGATION SYSTEM ON THE MAIN GOVERNMENT COMPLEX Item #16D3 RESOLUTION 99-386, DECLARATION OF EASEMENT ON COUNTY RAILWAY TERMINAL PROPERTY AND STAFF TO MODIFY PERMIT NO. 1350 D ISSUED TO SEMINOLE GULF RAILWAY Page 114 RESOLUTION NO. 99-386 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA CREATING A PERPETUAL, NON- EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS ON COUNTY-OWNED PROPERTY WHEREAS, The Board of County Commissioners of Collier County, Florida holds title to that certain parcel of land, described in Exhibit "A" (attached hereto and made a part hereof), by virtue of that certain Limited Warranty Deed recorded in the public records of Collier County, Florida, in OR Book 895, Page 1855, et seq; and WHEREAS, On October 12, 1999, the Board of County Commissioners of Collier County, Florida, approved Agenda Item No. 16 [D] 3, Approving a Declaration of Easement on County Railway Terminal Property. NOW, THEREFORE, BE IT RESOLVED that the Chairwoman of the Board of County Commissioners of Collier County, Florida is hereby authorized to execute on behalf of the Board a Declaration of Easement creating a perpetual, non-exclusive easement for ingress and egress across the property described in Exhibit "A" in favor of the general public and all abutting property owners, providing that usage of said ingress and egress easement shall not conflict with the usage of said property for railroad terminal purposes. This Resolution adopted this /,,?,,~;~ day of motion, second and majority vote. ,19 ,~,~after ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Attest ~s to Ch~lr,~'$ $1~ature eelS. Approvedas to form and legal sufficiency: David C. Weige"T County Attorney · / t Pamela S. Mac Kie, Chairw~Sman 2549891 OR: 2606 PG: 1212 ~COI{DBD Jl~ OFFICIAL RECORDS Of COLLIER COUNTY, FL 10/29/1999 at 09:23AH DWIGHT B. BROCK, CLBRI{ IBC ~l Retn: CLERK TO ?HB BOARD IN?EROPflCE &TH {LOOR EX? 7240 15.00 3.00 oR: 2606 PG: 1213 DECLARATION OF EASEMENT THIS DECLARATION is madethis /~7C;¢-, day of <:~;~;;:X.,~4~ , 19~, by COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Declarant." Declarant is the owner of certain real property situated in Collier County, Florida, more fully described below (hereinafter referred to as the "Property"). See attached Exhibit "A" which is incorporated herein by reference. Declarant hereby declares that the Property is and shall be held, used and occupied for the purposes of operating a public railroad terminal. Declarant hereby further declares that the Property may henceforth, from the date hereof, be used for public ingress and egress, pedestrian, vehicular, or in any other manner which is not inconsistent with, and which does not conflict with, the usage of the Property as a public railroad terminal. The Easement, as set forth in this Declaration, shall bind, and the benefits thereof shall inure to, the Declarant and its representatives, agents, successors and assigns, to all abutting property owners, and to the general public of Collier County, Florida. IN WITNESS WHEREOF, Declarant has caused these presents to be executed the date and year first above written. ATTEST: DWIGHT E. BROCK , Deputy Clerk .to. APProved as to form and legal sufficiency: BOARD OF COUNTY COMMISSIONERS BY: pa m~a~n David C. Weig~l' ~,)- County Attorney OR: 2606 PG: 1214 *** EXHIBIT "A" DESCRIPTION OF PUBLIC RAILWAY TERMINAL PARCEL AND PERPETUAL, PUBLIC INGRESS / EGRESS EASEMENT Being a part of the Northeast quarter of Section 10, Township 48 South, Range 25 East, Collier County, Florida, and more particularly described as follows: Commencing at the intersection of the North line of the South One Half (1/2) of the South One Half (1/2) of the said Northeast quarter of Section 10 and the easterly right-of-way line of old U.S. Route 41; thence N89°50'10"E along the said North line 706.64 feet to the PLACE OF BEGINNING; thence continuing N89°50'10"E along the said North line 70.00 feet to the point of intersection with the Westerly right-of-way line of the Seaboard Coast Line Railroad, said point being on a curve concave to the East and having a radius of 22,983.3 feet; thence Southerly along the arc of said curve through a central angle of 00046'23'', for an arc distance of 310.17 feet; thence S89°52'30"W, 70 feet; thence Northerly on a curve concave to the East having a radius of 23,053.3 feet and being parallel to the said railroad right- of-way curve, an arc distance of 310.12 feet to the PLACE OF BEGINNING. N SUBJECT PROPERTY RAILHEAD BLVD. OLD U.S.ROUTE 41 SEABOARD COASTLINE RAILROAD RIGHT-OF-WAY October 12, 1999 Item #16H1 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 115 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE October 12, 1999 FOR BOARD ACTION: 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: 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. September 13 - 17, 1999 B. September 20 - 24, 1999 3. Districts: Ao Golden Gate Fire Control & Rescue District - Agenda for September 8, 1999 meeting Bo Naples Heritage Community Development District-Notice of Public Meetings for New Fiscal Year and District Map Heritage Greens Community Development District - Notice of Public Meeting Schedule for the New Fiscal Year and District Map Fiddler's Creek Community Development District- Schedule of Meetings for New Fiscal Year and District Map E. Immokalee Water and Sewer District- Fiscal Year 2000 Budget Fo Port of the Islands Community Improvement District - Notice of Public Meeting Schedule for the New Fiscal Year, District Map and minutes of July 15, 1999 meeting 4. Minutes: Ao Radio Road Beautification Advisory Committee - Agenda for August 9, 1999 meeting and minutes of August 9, 1999 meeting Bo City/County Beach Renourishment Advisory Committee - Agenda for September 9, 1999 meeting Co Immokalee Enterprise Zone Development Agency - Minul meeting :s fortI~ll~l~ tO~h No. /6~/, OCT ! 2 1999 Po. I o Bo Other A. Historical/Archaeological Preservation Board - Agenda for September 17, 1999 and minutes of August 27, 1999 meeting Collier County Airport Authority - Agenda for September 13, 1999 meeting and minutes of August 9, 1999 meeting Collier County Planning Commission - Agenda for September 16, 1999 meeting Hispanic Affairs Advisory Board - Minutes of July 22, 1999 meeting Lely Golf Estates Beautification Advisory Committee - Agenda for September 17, 1999 meeting and minutes of August 6, 1999 meeting Ochopee Fire Control District - Minutes of May 3, 1999 meeting Library Advisory Board - Minutes of June 23, 1999 meeting Parks and Recreation Advisory Board - Agenda for August 25, 1999 and September 22. 1999 meetings, revised minutes of June 23, 1999 meeting and minutes of August 25, 1999 meeting Collier County 1998 Tax Role Error and Insolvencies Report and copy of Property Appraiser's Certificate of Correction form from Guy L.'Carlton, Collier County Tax Collector, AGEND~'~.~M No.., Pg._...~ October 12, 1999 Item #1611 COPS IN SCHOOLS GRANT AWARD #1999SHWX0314 Page 116 U. S. Department of Justice Off'we of Community Oriented Policing Services COPS In School Award OCT 1 2 1999 Application Organization's Name: Grant #: ORI #: Vendor #: Law Enforcement Executive Name: Address: City, State, Zip Code: Telephone: Fax: Government Executive Name: Address: City, State, Zip Code: Telephone: Fax: Collier County Sheriff's Department 1999SHWX0314 FL01100 596000561 Sheriff Don Hunter 3301 Tamiami Trail East Building J Naples, FL 34112 (941) 793-9203 (941) 793-9333 Chairwoman Pamela S. MacKie 3301 Talniami Trail East Building F Naples, FL 34112 (941) 774-8393 (941) 774-3602 Award Start Date: Axvard Amount: April 1, 1999 $1,125,000 Award End Date: March 31, 2002 Number of Officers: Full Time: 9 Part Time: 0 M~ry Lou Lear), Acting Director Date By signing this award, the signatory officials are agreeing to abide by the Conditions ofGnmt Awmd found on the reveme side of this 'ti/ Don Hunter, Sheriff Si~aw E~jforccment Executive with Typed Name and Title of Law Enforcanent Date thc authority tB'-~pt this grant award. Executive. i Pamela S. Ma¢'Kie. Chai~oman ~/ign~r; of.S&v,~mmcritE~utive / 4~y~a~tt~ and ?g with the quthqrit~}.tO: ac.~Cpt .this grant / Executive. award.."" ~' c~....' ,~(07'33' ' '' "" Al~prove4 as to form & legal suftieie,~e.v : :':' :' 5": '- %~EST. CLERK - .? :'-,'~, ~:.-:.'.~-'- I)NIGH'r:-E. BROCK, _ Acct Class::...9.R~'0'102 ..... -:.:.~:? <..' ~ x ~ --- :.._--~. - Award ID: 53601 OCT ! 2 1999 CONDITIONS OF GRANT AWARD The funding under this project is for the payment of SALARIES AND APPROVED FRINGE BENEFITS for three years for sworn entry level career law enforcement officers, lateral transfers, or rehired officers. Any portion of salaries above entry level must be provided for by the grant recipient. Overtime, training, weapons, communication equipment and vehicles cannot be paid for with COPS funding. Prior to withdrawing funds under this award, the recipient must provide the Control Desk, Office of the Comptroller, with the recipient organization's fiscal year and the name of th8 recipient organization's cognizant Federal agency. COPS Universal Hiring grant funds must be used to hire one or more new, additional career law enforcement officers, beyond the number of officers that would be hired or employed by the grantee in the absence of the grant. Unless authorized in writing by the COPS Office, grant funds may not be applied to the salary or benefits of an officer hired by a grantee prior to the Award Start Date listed on the front of this document. Your agency is expected to retain the positions funded by COPS Universal Hiring grant funds at the conclusion of the grant, in accordance with the retention plan contained in your grant application. 5. For grants of $500,000 or more, the grantee acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if grantee is required to submit one under 28 CFR 42.302) that is approved by the Officer of Justice Programs, Office of Civil Rights, is a violation of its Assurances and may result in the suspension of the drawdown of funds. For grants under $500,000, the grantee must submit a completed EEOP Certification form and return it to the Office of Justice Programs, Office of Civil Rights within 120 days of the grant award. 6. In order to assist the COPS Office in the monitoring (~f the award, your agency will be responsible for submitting semi-annual progress reports and quarterly financial reports. As those reports become due, your Grant Advisor will provide you with the forms and information necessary for compliance. Requests for extensions, without additional funding, of the grant award period should be submitted in writing no sooner than two years after the official start date of the award to your Grant Advisor. Officers funded under this grant may only be involved in activities or perform services that exclusively benefits- your agency and the population that it serves. If your agency provides these officers to another agency through a contractual arrangement, your agency is responsible for ensuring that this arrangement is in compliance with the conditions of your grant. The COPS Office may conduct a national evaluation of the Community Oriented Policing Services (COPS) program. The grantee agrees to cooperate with the evaluators. 10. The grantee agrees to abide by the terms, conditions and regulations as found in the COPS Universal Hiring Grant Manual. ! !. The recipient agrees to complete and keep on file, as appropriate, as Immigration and Naturalization Service Employment Eligibility Verification Form (I-9). This form is to be used by recipients of federal funds to verify that persons are eligible to work in the United States. October 12, 1999 Item #1612 COPS UNIVERSAL HIRING SUPPLEMENTAL GRANT AWARD #95CCWX0265 Page 117 U. S. Department of Justice Office of CommunHy Oriented Policing Services COPS Universal Hiring Supplemental Award OCT 1 Application Organization's Name: Grant #: ORI #: Vendor #: Law Enforcement Executive Name: Address: City, State, Zip Code: Telephone: Fax: Government Executive Name: Address: City, State, Zip Code: Telephone: Fax: 1999 Collier County Sheriffs Department 95CCWX0265 FL01100 596000561 Sheriff Don Hunter 3301 Tamiami Trail East Building J Naples, FL 34112 (941 ) 793-9203 (941) 793-9333 Chairwoman Pamela S. MacKie 3301 Tamiami Trail East Building F Naples, FL 34112 (941) 774-S393 (941) 774-3662 Award Start Date: April 1, 1995 Supplemental Award Start Date: June 1, 1999 Previous Award Amount: $3,450,000 Supplemental Award Amount: $1,425,000 Total Award Amount: $4,875,000 Previous Award EndDate: November 30, 2001 Revised Award End Date: May 3 l, 2002 Previous Number of Officers: Full Time: 46 Part Time: 0 Supplement to Number of Officers: FullTime: 19 Part Time: 0 Total Number ofOfficers: FullTime: 65 Part Time: 0 Mary Lou LeaD', A~g Director ~ Date B:~,~tgniag tl3i~ward, the signatory officials are agreeing to abide by the Conditions of Grant Award found on the reverse side of '~ ' Signature emcnt Executive with the Date authority to accep't'O6,g'grant award. Don Hunter, Sheriff Typed Name and Tide of Law Enforcement Executive. Pamela S. MaC ~Kie, Chairwoman Award ID: 55638 CONDITIONS OF SUPPLEMENTAL GRANT AWARD e The funding under this Universal Hiring Program Supplemental Grant Award may only be used for the payment of the approved salaries and benefits of those additional, newly hired officers funded under your agency's Universal Hiring Program Supplemental Grant Award. Unless approved in writing by the COPS Office, the funding under this Supplemental Grant Award may not be applied to officers hired before the Supplemental Grant Award Start Date printed on the reverse side. In addition, the funding may not be used to hire officers to fill current vacancies for which local funding is available. Your agency remains subject to the same terms and conditions as were set forth in the original FAST, AHEAD, or UHP Award. Your agency agrees to complete and keep on file, as appropriate, an Immigration and Naturalization Service Employment Eligibility Verification Form (1-9). This for is to be used by recipients of federal funds to verify that persons are eligible to work in the United States. Your agency is expected to retain the positions funded by cops Universal Hiring Program grant funds at the conclusion of the grant, in accordance with the retention plan contained in your grant application. October 12, 1999 Item #1613 ACCEPTANCE OF CIVIL TRAFFIC INFRACTION HEARING OFFICER GRANT-IN-AID OF $12,094.08 FROM THE OFFICE OF THE STATE COURT ADMINISTRATOR Page 118 OCT 1 2 1999 Civil Traffic Infraction Hearing Officer Grant-in-Aid Release Request Kenneth R. Palmer Office of the State Courts Administrator Florida Supreme Court Building 500 South Duval Street Tallahassee, Florida 32399-1900 Dear Mr. Palmer: In accordance with the Grant-in-Aid Agreement executed with Collier County, the Twentieth Judicial Circuit, and the Office of the State Courts Administrator, I hereby request the release of $12,094.08 as specified in the Agreement for fiscal year 1999-00. The amount is equal to the total grant-in-aid to the county. , Chairwoman, Board of County Commissioners Twentieth Judicial Circuit, Collier County OCT 1 2 1999 Grant-in-aid Agreement for the Civil Traffic Infraction Heating Officer Program in Collier County, Florida This Agreement is made among the Office of the State Courts Administrator (the "OSCA"), the Collier County Board of County Commissioners (the "Grantee"), and the Twentieth Circuit (the "Grant Manager"). The parties agree that: The OSCA will pay the Grantee $12,094.08 as a 50/50 matching grant-in-aid pursuant to Specific Appropriation 2125 of the 1999-00 General Appropriations Act for establishment or continuation of a civil traffic infraction heating officer program in Collier County. Upon receipt of a written request for release of funds, the OSCA will make a lump sum payment to the Grantee. The Grant Manager will oversee the establishment, administration and operation of the civil traffic infraction hearing officer program. The Grantee will use grant monies provided under this Agreement in accordance with the requirements of {}{}318.30-318.38, Florida Statutes, and rule 6.630, Florida Rules of Traffic Court. The Grantee will use grant funds to pay up to $50 per hour for services of a full- or part-time heating officer appointed by the chief judge, and for other expenses necessary to operate the program, including hearing officer training, office rental, furniture, and administrative staff salaries. The Grantee will submit a written requisition to the OSCA for release of grant funds no later than October 25, 1999. o The Grantee, in consultation with the Chief Judge of the Twentieth Circuit, will submit a detailed, written plan for use of grant funds and operation of the hearing officer program to the OSCA no later than October 25, 1999. The Grantee will comply with hearingofficer caseload reporting requirements implemented January 1, 1999 by the OSCA. The Grantee's failure to comply with reporting requirements will be grounds for termination of the Agreement. The Grantee will invest grant funds that are surplus to current needs or pending distribution in accord~mce with the requirements of {}219.075, Florida Statutes. The Grantee will return to the OSCA all interest accrued on grant funds for reversion to the General Revenue Fund unallocated. o This 1. The Grantee will release grant funds in accordance with Collier County purchasing policies and rules. The Grantee will not use grant funds for lobbying the Florida Legislature, the judicial branch, or a state agency. Agreement is subject to the following terms and conditions: The Grantee will maintain proper documentation of all monies spent in a manner sufficient for proper pre- and post audit. The Grantee will maintain all expenditure recee4s for 4 years following the conclusion of this Agreement. The Grantee will maintain all records made or received in conjunction with this Agreement in accordance with rule 2.051, Florida Rules of Judicial Administration, Page I of 2 OCI 1 2 1999 and Chapter 1 l 9, Florida Statutes, as it may apply. The Grantee will hold title to any equipment purchased with grant funds. (For amounts up to :$25,000) On or befo,r_e March 31, 2001, the Grantee will prepare a sworn statement attesting to the Grantee s compliance with the requirements of this Agreement. The Grantee will submit copies of the statement to the OSCA and the Auditor General. (For amounts greater than $25,000 up to $100,000) On or before March 31, 2001, the Grantee will have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to § 11.45, Florida Statutes, or have an independent certified public accountant prepare a statement attesting to Grantee's compliance with the requirements of this Agreement. The Grantee will submit copies of the audit or statement to the OSCA and the Auditor General. (For amounts greater than $100,000) On or before March 31, 2001, the Grantee will have an audit performed in accordance with the rules of the Auditor General promulgated pursuant to § 11.45, Florida Statutes. The Grantee will submit copies of the audit to the OSCA and the Auditor General In providing, or contracting to provide, services, programs or activities, maintaining facilities, or otherwise perform,ng obligations under this Agreement, the Grantee and Grant Manager will comply with the Americans with Disabilities Act, the Civil Rights Act of 1964, as amended, the Florida Civil Rights Act of 1992 and any other federal or state law that prohibits discrimination on the basis of race, color, national origin, religion, sex, age, marital status, or handicap. If, in the judgment of the OSCA, the Grantee fails to comply with the terms of this Agreement, the OSCA may terminate the Agreement on 5 days written notice by certified mail. In the event of termination, the Grantee will return to the OSCA all grant funds, except those expended in compliance with this Agreement, for reversion 1o the General Revenue Fund unallocated. This Agreement constitutes the entire understanding of the parties. All modifications to the Agreement must be in writing. This Agreement is effective on the date of execution and will terminate on June 30, 2000. FLORIDA SUPREME COURT, OFFICE OF THE STATE COURTS ADMINISTRATOR Kenneth R. Palmer State Courts Administ,'ator Date 'i{l~ m l~,~c k wel ,17~(~fi e f J ud geDate GRANTEE Collier County th~/H on o ral}lce Y~ T~5'i~l~ I tieth .I ud ici al Ci I'cuil oCT ! 2 1999 Civil Traffic Infraction Hearing Officer Grant-in-Aid County/Circuit: Coll±er/Twent:'i cch Amount of Award: $12,094/08[grant, FY 99-00 Total Budget: $ (Grant plus Match) Spending Plan County Cash County In-Kind Catellorv Grant-in-aid Match Match Sub-To~als PERSONNEL FULL TIME EQUIVALENT (FTE) SUB-TOTAL PERSONNEL ,OTHER PERSONNEL SERVICES CONTRACTUAL AGREEMENTS Clerk's(75.per day x 2) 7,500.00 H_earing OtZicers (30. per hour) ~, ooo. OO Bailiff's at $125.per day 3,094.08 3~405.92 SUB-TOTAL OPS/CONTRACTUAL SVC 12,0~4.08 10,905 . 92 EXPENSE office Supplies &oostage 1,188.16 SUB-TOTAL EXPENSES - 0 - i, i$6.16 OTHER CAPITAL OUTLAY (OCO) SUB-TOTAL OCO FIXEI) CAPITAL OUTLAY SUI~T~OTAL FIXED CAPITAL OUTLAY GRAND TOTAL 12,094.08 12,094.08 Prepared by Grants Adm~n,slrat~on C:\MyFiles~CTIHOXspenolan wb3 FY99-00 October 12, 1999 Item #16K1 - Continued Indefinitely Item #17A ORDINANCE 99-69, RE PETITION PUD-88-6(2), KAREN K. BISHOP OF PROJECT MANAGEMENT SERVICES INC., OF NAPLES, REPRESENTING RONTO GOLF ESTATES, INC., REQUESTING AN AMENDMENT TO THE FOREST GLEN OF NAPLES PUD, LOCATED AT THE SOUTHEAST CORNER OF DAVIS BOULEVARD AND C.R. 951 Item #17B - Continued to October 26, 1999 Item #17C - Moved to Item #12B2 Item #17D - Moved to Item #16A6 Item #17E RESOLUTION 99-387, RE PETITION VAC-99-002, TO VACATE A PORTION OF THE 15' WIDE AND A PORTION OF 30' WIDE DRAINAGE AND UTILITY EASEMENTS ON LOT 6 AND THE NORTH 1/2 OF LOT 7, ACCORDING TO THE PLAT OF "SOUTHWINDS ESTATES" AND TO ACCEPT A 10' WIDE AND A 15' WIDE DRAINAGE AND UTILITY EASEMENT AS A REPLACEMENT EASEMENT Page 119 0C1 1 2 1999 RESOLUTION NO. 99- 3 8 7 RESOLUTION FOR PETITION VAC 99-002 TO VACATE A PORTION OF THE 15' WIDE AND A PORTION OF THE 30' WIDE DRAINAGE AND UTILITY EASEMENT ON LOT 6 AND THE NORTH ~A OF LOT 7, ACCORDING TO THE PLAT OF "SOtFrHWIND ESTATES", AS RECORDED IN PLAT BOOK 11, PAGES 16 TI4ROUGH 17, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 25 EAST, AND TO ACCEPT A 10' WIDE AND A 15' WIDE DRAINAGE AND UTILITY EASEMENT AS A REPLACEMENT EASEMENT. WHEREAS, pursuant to section 177.101, Florida Statutes, Hole-Montes & Associates, Inc., as agent for the petitioner, Gulf Coast National Bank, does hereby request the vacation ora portion of the 15' wide and a portion of the 30' wide drainage and utility easement on lot 6 and the north ¼ of lot 7, according to the plat of"Southwind Estates", as recorded in Plat Book 11, Pages 16 through 17, Public Records of Collier County, Florida, located in Section 26, Township 48 South, Range 25 East, and to accept a 10' wide and a 15' wide drainage and utility easement as a replacement easement. Assistant County Attorney WHEREAS, the Board has this day held a public hearing to consider vacating a portion of said 15' wide and a portion of said 30' wide Drainage and Utility Easement, as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following be and is hereby vacated: See Exhibit "A" attached hereto and incorporated herein. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the 10' wide and the 15' wide Drainage and Utility Easement, more particularly described in Exhibit "B" attached hereto and incorporated herein, is hereby accepted as the replacement easement for the Drainage and Utility 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 plat as referenced above. ,,. ~ ........ . ,,, ,~,(!',.?"This.~.:,~... Resolution' adopted after motion, second and majority vote favoring same. ~ .: :~.=:;~r-~..~,;~..~ i.~%,~.~., BOARD OF~COUNTY COMMISSIONERS / : "~ :"':l~. ,~¢k-c~'l~: Btq-OCK, Clerk COLL _ILAR ~OUNTY, l~J3~ ' ///'' '~,:' /'4.'.:,'~";;"" '"::! ' ' 2543618 OR: 2601 PG: 2061 H¢idi F. Asht~n - 10/13/199~ at 03:3~,1~N DI/IGH? ]. BROCK, CI,8H]~ COPI]S Hetn: ~XT 7210 37.50 8.00 LOT 7 ~ :YVA ,,¥. ~ UTILITY EASEMEN~t~: OCT 2 1999 2176371 OR'. 2516 PG: 1379 RICORDID J.n OFFICIAL RBCOIIDI o~ COLLIIR COUHTI, FL 05/12/1H9 at O3:3iP# DHIGHT B. BIO(:[, CLBH CONS 10.O0 ]~x~bit "B" BBC Fl! 15.00 Sh~ ] of 6 D0¢-.?0 .?0 VAC 99-002 CO[~iH8 ~ ,OO ~OODLHTTB COLHHAH IT AL 't/d 4001 TAHIAIII TRAIL NORTH J300, N,~pkes Jrt- THIS EASEMENT granted on this ay of May, II~! t¥ gil[~F COAST NATIONAL BANK, a national banking association (hereinafter referred to 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, its successors and assigns (hereinafter referred to as "Grantee"). WITNESSETH: That the Grantor for and in consideration of the sum of TEN AND NO/100 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 drainage, and water and sewer utility facilities, on 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 drainage and utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the undersigned Grantor has duly executed and delivered this instrument the day and year first above written. Signed, Sealed and delivered in the Presence of: GULF COAST NATIONAL BANK, a national banking association By: Senior~utive Vice President C:\KR.I\GCNB Collier. Easement (Page I of 2) This Instrument Prepared By: Kenne~ R. Johnson, Esq. Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 OR: 2546 PG: 1380 OC? ~ ~ STATE OF FLORIDA .... E~bi~ "B" COUNTY OF COLLIER Sh~ 2 of 6 VAC 99-002 The foregoing instrument was acknowledged before me on this ~/-l'~'day of May, 1999, by JOHN D. CLARK, who is personally known to me, as a Senior Executive Vice President of GULF COAST NATIONAL BANK, a national banking association, on behalf o~f the bank. State of Florida at Large My Commission Expires: (Notary Seal) C:\KRI\GCNB Collier. Easement (Page 2 of 2) OR: 2546 PG: 1381 OCT 1 2 1999 · N 89'56'15" E ~75.92' '- IIOF Il-, I I.'.l .... $ 89'56'15" W 136.69' 30.00' S 89'56'$ 5" N 89'56'15" E 136.83' 5 B9'56'15" w 177.12' Exhibit "B" Sheet 3 of 6 VAC 99-002 ~tate of FLAgIDA Cot-~%y of CULLIER )!~i~CBY CERTIFY THAT this is a truq tnd correct copy of a decrement recorded tM th6 OFFICIAL RECORDS of Collier County. ~OC'.)O WITii:SS-~ ~?,d and ~ici~%1 this ~etB: "'~'~~/~~IiL~Y EASE~N~APLBS FL 2~102 E~b~ "B" B1: ~~~ She~ 4 of 6 VAC 99~02 THIS EASEMENT granted on this ~.ay of May, 1999, by GULF COAST NATIONAL BANK, a national banking ass~iation (hereina~er referred to as "Grantor"), to the BOARD OF CO~ COMMISSlO~RS OF COLLIER CO~, FLORIDA, AS THE GO~ING BODY OF COLLIER CO~ ~D AS EX~FFICIO T~ GO~ING BOARD OF THE COLL~R CO~ WA~R-SE~R DISTRICT, its successors and assigns (herei~er referred to as "Grantee"). 2479755 OR: 2549 PG: 0074 RBCORDBD in OFFICIAL RRCORDS of COLLXRR C0UMTY, FL o5/2o/190s at 08:08AH DJflGHT B. BROCK, CLBRK REt BBB 15.00 WITNESSETH: That the Grantor for and in consideration of the sum of TEN AND NO/100 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 drainage, and water and sewer utility facilities, on 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 drainage and utility facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. IN WITNESS WHEREOF, the undersigned Grantor has duly executed and delivered this instrument the day and year first above written. Signed, Sealed and delivered in the Presence of: GULF COAST NATIONAL BANK, a national banking association By: Sen'~LStecutive Vice President C:~KRJ\GCNB Collier. Easement (Page I of 2) This Instrument Prepared By: Kenneth R. Johnson, Esq. Goodlette, Coleman & Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, FL 34103 OR: 25q9 PG: 0075 OCT 1 2 1999 STATE OF FLORIDA Exhiba "B" COUNTY OF COLLIER Sheet 5 of 6 VAC 99-002 The foregoing instrument was acknowledged before me on this .~day of May, 1999, by .JOHN D. CLARK, who is personally known to me, as a Senior Executive Vice President of GULF COAST NATIONAL BANK, a national banking association, on behalf of the bank. l~tary Public ~/K Print Name: eflfleth R, Johnson State of Florida at Large My Commission Expires: (Notary Seal) C:\KRJ~GCNB Collier. Easement (Page 2 of 2) .~ 0~: 25~9 ?~: 0076 OCT 1 2 1999 Exhibit "B" Sheet 6of 6 VAC 99-002 October 12, 1999 Item #17F - Moved to Item #12C1 Item #17G RESOLUTION 99-388, RE PETITION VAC-99-011 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN ROAD RIGHT OF WAY, BEING A PORTION OF TURNER PLACE, ACCORDING TO THE PLAT OF "COLLIER'S RESERVE" Page 120 Rets: CLBR[ TO TB BOARD INTHOHICR 4TH FLOOR RZT ?240 2548770 OR: 2605 PG: 1813 HCORDBD in the OHICRL RSCOiDS of COLLIBR COUNTY, FL 10/27/1999 at I0:40AH DWIGHT S. HOC[, CLSRK RESOLUTION NO. 99- 3 8 8 RESOLUTION FOR PETITION VAC 99-011 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST 1N ROAD RIGHT OF WAY, BEING A PORTION OF TURNER PLACE, ACCORDING TO THE PLAT OF "COLLIER'S RESERVE", AS RECORDED IN PLAT BOOK 20, PAGES 59 THROUGH 87, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, LOCATED IN SECTION 22, TOWNSHIP 48 SOUTH, RANGE 25 EAST. FBI 24.00 17G'I WHEREAS, pursuant to Sections 336.09 and 336.10, Florida Statutes, Dominick J. Amico, Jr., P.E., from Agnoli, Barber & Brundage, Inc., as agent for the petitioner, Collier's Reserve Ltd., docs hereby request the vacation of the northerly portion of the platted right of way for Turner Place, according to the plat of "Collier's Reserve", as recorded in Plat Book 20, Pages 59 through 87, Public Records of Collier County, Florida; and WHEREAS, the Board has this day held a public hearing to consider vacating said northerly portion of the right of way for Turner Place, as more f~lly described below, and notice of said public heating to vacat~ 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 Public's rights in the following road right of way is hereby vacated: See Exhibit "A" attached hereto and incorporated herein. BE IT FURTHER RESOLVED, that thc Petitioner has agreed to thc terms of thc letter dated April 12, 1999 from Cindy Et'o, Public Works Engineering Technician, to Dominick J. Amico, P.E., and the Board hereby adopts said terms as stipulations to this vacation. BE IT FURTHER RESOLVED, that thc Clerk to thc Board is hereby directed to advertise thc adoption of this Resolution once in a paper of general circulation in thc County within 30 days following its adoption. BE IT FURTHER RESOLVED, that thc Clerk to the Board is hereby directed to record a certified copy of this Resolution, the proof of publication of the notice of public hearing and the proof of publication of the notice of adoption of this Resolution in the Official Records of Collier County, Florida. This Resolution adopted after motion, second and majority vote favoring same. · ~.sh'/'o n ' Assistant County Attorney BOARD OF COUNTY COMMISSIONERS / av: , P~A S. MAC'S, C~~ Exhibit "A" Sh~ ,o~: OCli i ~ ~99~ VAC 99..011 ~.&O~ ~G: 1815 Exhibit "A" Sheet 2 of 2 VAC 99-011 S 05'~ NapLes DaiLy Na~s NapLes, FL 34102 Affidavit of PubLication NapLes DaiLy Ne~s BOARD OF CGUNTY CO~INZSS/OHERS ATTN: TOHYA PHZLLZPS PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001~30 ~1~501 579426~6 VAC-99-011NOTZCE OF State of FLortda County of coLLier Before the undersigned authority, personaLLy appeared B. Lamb, vho on oath says that she serve~ as the Assistant Corporate Secertary of the NapLes DalLy News, a datLy nevspaper published at NapLes, tn CoLLier County, Fiortda: that the attached copy of advertising vas published tn said nevopaper on dates Listed. Afftant further says that the said NapLes DaiLy Ness ts a nevspaper pubUshed at NapLes, tn setd CoLLier County, FLorida, and that the said nevspapar has heretofore been continuously pubLJshed tn said CoLLier County, FLortda, each day and has been entered as second cLass matL ,tatter at the post offtce tn NapLes, tn said CoLLter County, FLorida, for · period of 1 year next preceding the first publication of the attached copy of advertisement; and afftant further says that she has netther paid nor promised any person, firm or coporatJon any discount, rebate, commission or refund for the purpose of securing this advertisement for publication ~n the said newspaper. PUBLZSHED ON: 09/26 10/03 AD SPACE: 94.000 ZNCH [ FZLED ON: 10/0~/99 Stg~ture of Affiant / S~orn to and Subscribed before ,m this ~ day of ~ ~- OR: 2605 PG: 1816 . . VAC-99-011' 'NOTICE OF ~ ,' PUBLIC HEARING ~e~helS h~de(~Y given, .Cout~y. will hold O public I hear.~ on Tuesder(, Oc, I tober 1~, 199~, In the Boardroom,. 3i'd FLoor, / Admlnldraflan Building, meet Center, 3301 £ast/ Tamlaml Tl~dil, NaPles, Florida. The meeting The Board will con$1~- 'l er .Petition VACo99-011,' 'i ~.to disclaim, renounce~ ';. ~ the PubllC'~ ,,,,,,,.~, · In roQcl Right o~ Wo¥.; ~ being a portion r Turner Plo~, 'I lng to the Plat of ~Col.', ~ Iler's ' Reserve", el i 9, pages '~ 1brought i: 87; Public Records CoWer Courtly, Florida, ' located In SL~cflon i Township, 4il South,,: oa ~em mud register ~ the Courtty Admlnldrato~ m.e c~.nclc~ bern to be ~ mlnu~ms on any Item. The 9 .~. o_~. ff by ~e Choir, e spokesper- ,10' minutes to spear on an Item, ~[ Perseq.~i .Wishing., tel ,a minimum of 3 weeks~ prior tq th9 r~pecffve! to be ~D~ My commt~mlon 0058t1't'/ Expires Dec. 10.2000 NapLes DatLy Ness ~apLes, FL ]~102 Affldauit of PubLication NapLes DaiLy Ne~s xxx OR, i BOARD OF COUNTY COHHISSIONERS ATTN: TONYA PHILLIPS PO BOX 413016 NAPLES FL 34101-3016 REFERENCE: 001230 ~131383126491 57948909 VAC-99-011 NOTICE OF State of FLorida County of CoLLier Before the undersigned authority/ personaLLy appeared B. Lamb, who on oath says that she serve~ as the Assistant Corporate Secertary of the NapLes DaiLy News, a daiLy newspaper pubLished at NapLes/ in CoLLier County, FLorida: that :he attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said NapLes DaiLy News is a newspaper published at NapLes/ tn said CoLLier County/ FLorida, and that the said newspaper has heretofore been continuously published in said CoLLier County, FLorida, each day and has been entered as second class mail matter at the post office in NapLes/ in said CoLLter County, FLorida, for a period of 1 year next preceding the ftrst publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or coporation any discount, rebate/ commission or refund for the purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 10/18 AD SPACE: 49.000 INCH FILED ON: 10/18/99 Signature of Affiant ,.~ J .... S~orn to and Subscribed be~~. :~:~)day of ~ PersonaLLy known by ram L~ ~ ~ _~:~,_ ~- · ' VAC-99-011 NOTICE OF ADOPTION.. . Notice Is her.eby given october, 1999, the Bourd of Couhty Commls$inn- ~_r$'~ of Cotller Cou .n~v~- ..~arlda, __adapted Resolu. Section 336~09 or~ 336.10, Ic.~ J. Amico, Jr., P.E., ~,1' Agnoll,' Barber Reserve LtcL, relotlng to the vocation of the norlh-~ r~rlvportlon of ght of way for Turner Place, according to the plat '.pr serve", as recerde~ In~' Plat BOok 20, Page~ S9 through $7, Public Re- Florida. vmwe~ In the Clerk to the Board~ Mlnute~ & Records De.! Partm.ent, '4th Floor, Ad- mlnlstrotlon Building,.. Cofller Cour~y Govern..~ merit Center,~ 3,101 East Tamlaml Troll,' Naples, Florlck~ BOARD OF COUNTy COMMISSIONERS COLLIER COUNTY, . ..' '~ ' .FLORIDA . .. :/:' ' PAMELA CHAIRWOM~N DWIGHT E. CLERK '. BY:/s/EIIle Ho~ ... !.... ;Suean D Flora My Cornmi.~on CC581717 Expire~ Dee. 10, October 12, 1999 Item #17H - Contin~ed to October 26, 1999 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 2:40 p.m. '..ATTEST :..: .DWIGHT. .E. '~-~BROCK, CLERK .""/,"?; %1'.?~i .'~.'.,.., ...... .: ..- ? ~- :... ;,,, % .,.' '"',,.,.~'.'; ',:~i.,,.Th~se minutes approved by the Board on presented / or as corrected BOARD OF COUNTY COMMISSIONERS BOARD OF ZONING APPEALS/EX OFFICIO GOVERNING BOARD (S) OF SPECIAL DISTRICTS UNDER IT~_CONTROL , as TRANSCRIPT PREPARED ON BEHALF OF GREGORY COURT REPORTING SERVICE, INC., BY CHERIE' R. LEONE, NOTARY PUBLIC Page 121